... Publication Model ( https://dbpia.nl.go.kr/pages/standard-publication-reuse-rights ) Abstract Multiple documents outline social workers’ professional obligations, such as the Global Definition of Social Work, laws, and codes of ethics. But how do practitioners themselves understand and perceive...

..., envisaged in the 2005 Green Paper, to move away from fault-based liability towards a no-fault compensation system. MSAR medical liability tort contract legal reform law of obligations Macau is a multicultural society and a services-based sophisticated economy. Due to historical reasons, the legal...

... Although the distinction of international obligations as positive or negative ones is well-established in international law, the classification of the obligation not to refoule has given rise to a disagreement in relevant academic writings. The present article contributes to this academic discussion...

... takes a closer look at states' positive obligations to protect children in school. It tracks a distinct divergence in judicial preference for how positive obligations apply in the school context and illustrates how the Strasbourg Court has inconsistently invoked and applied the Osman test in schooling...

... obligations. The Commission, for its part, addressed the invocation of responsibility for breaches of such obligations by distinguishing between the respective entitlements of ‘an injured State’, under article 42, and ‘a State other than injured State’, under article 48. In line with this distinction...

... International disputes often require determining, as a preliminary matter, the content of rights and obligations at the municipal level. These rights and obligations are varied and include inter alia the rights in tangible and intangible property, domicile, status of foreign corporations, contractual...

...Niels Hedlund PhD candidate at the University of Groningen, Faculty of Law, Department of Criminal Law and Criminology, Netherlands; e-mail: [email protected] . The Court then finds that the authorities did not comply with the so-called ‘substantive’ positive obligation under Article 3...

... parameters (e.g. Kratzer’s conversational backgrounds, Finlay and Snedegar’s alternative sets) and those contextual parameters are sensitive to agents as well as possible worlds. deontic modality agents ought to do ought to be obligations centred worlds In the standard theory of deontic modals...

... of the right depends on the correlative duty to respect, protect and fulfil the right. The content of the duty includes specific obligations to achieve the inviolable element of the right, the minimum core obligations and the progressive realisation of that right using maximum available resources. In this way...

...Edward Mitchell Abstract This article investigates how local authorities in England seek to compel property developers to mitigate the impact of property development on local communities and on local infrastructure needs through the use of planning obligations made by agreement with developers...

... persons. While remaining committed to human rights, I unpack (some of) the ways in which human rights penality ultimately fails to uphold and even undermines the principles that it has been promoted as fulfilling within the human rights frame. human rights penality positive obligations Human rights law...

... recognition of a positive duty on states to provide access to appropriate rehabilitative treatment for all prisoners. rehabilitation reintegration positive obligations Article 3 European Convention on Human Rights Dickson v United Kingdom Murray v The Netherlands Criminologists have referred...

... obligations stemming from the European Convention on Human Rights and defends an interpretivist account of human rights based on the values of integrity and equality to answer it. First, it considers the structure of rights and argues that human rights usually require a duty bearer who needs to be identified...

... of the European Convention on Human Rights. This provision imposes extensive positive obligations upon Contracting States, including an operational duty to take reasonable steps to save a life that they know, or ought to know, is at risk. This article addresses the question of exactly when such an operational...

... reasoning moral obligations roles Some recent work in legal theory argues that legal questions boil down to moral questions. On this view, lawyers and judges are ultimately interested in the moral effect of things done by legal institutions. This view has been called the ‘new legal anti-positivism...

... could or even should be endowed with independent human rights obligations. Key challenges to human rights arising from new megatrends in the 21st century (climate change crisis, digitalization) and from older threats (armed conflicts, authoritarianism) relate to the attribution and distribution...

... and negative obligations in that the review of both includes consideration of alternatives. The similarly, however, does not negate the validity of the forthcoming analysis. The subsequent analysis in this article is not premised on the demonstration of the categorical validity of the distinction in all...

... owe to one another the performance of their respective parts. What Gilbert means by ‘owing’ is relatively literal and marks the directedness of shared agency-based mutual obligations: As participants in a shared activity, your owning my performance of my part explains your special standing...

... that familied women would fulfil their caregiver obligations more responsibly ( Daly, 1987a , 279). In her work conceptualizing familial paternalism, Daly (1987a) explores the factors legal actors consider when determining sentencing outcomes. Across multiple studies, Daly (1987a , 1987b , 1989a , 1989b...

... this obligation in the context of COVID-19. Yet this analysis has been biased towards treatment and vaccination and has given limited attention to other population health measures, leaving many aspects of prevention and control obligations in the shadows. This biomedical slanting, which goes against a trend...