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A Study of Six Nations Public Library: Rights and Access to Information

A Study of Six Nations Public Library: Rights and Access to Information

At every step in the development of this dissertation I tried to reason through the history of two distinct public library systems, one on-reserve and the other off-reserve with the understanding that First Nations library experiences, including that of the SNPL community, were different from my own. In this regard, I found Cree ethicist, Willie Ermine’s (2007) work on an ethical space of engagement helpful and used his concept to organize these two distinct perspectives on public libraries. This ethical framing seemed appropriate for public libraries and the rights and freedoms inherent in the development of both Indigenous and non-Indigenous public libraries. In ethics, debates help to define the capacity to know what harms or enhances the well-being of sentient creatures and engage questions of morality, notions of good, responsibility, duty and obligations, and the transgressions by others, or how our actions infringe or violate the space of others (Ermine, 2007: 194). Ermine creates an “analogy of a space between two entities, as a space between the Indigenous and Western thought worlds” (ibid.). The space is initially constructed of difference and diversity between human communities and represents the unique differences that underlie “distinct history, knowledge tradition, philosophy, and social and political reality” (ibid.). Ermine (2007) also sees a similarity between peoples and cultures when there is a physical or philosophical encounter between Indigenous and Western world views.
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Technical and Further Education Bill : House of Lords library note.

Technical and Further Education Bill : House of Lords library note.

Amendment 22 related to the provisions in schedule 2 of the Bill, which gave the education administrator the power to make schemes for the transfer of a further education body’s property, rights and liabilities. The amendment would have prevented education administrators from transferring assets to a for-profit private company, if they considered those assets to have been acquired primarily using public funds. In his remarks, Mr Marsden referred to a discussion of the provisions in schedule 2 of the Bill at committee stage in the Commons. 87

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House of Commons Library: Briefing paper: Number 7752, 9 November 2016: Technical and Further Education Bill [Bill No 82 of 2016-17]

House of Commons Library: Briefing paper: Number 7752, 9 November 2016: Technical and Further Education Bill [Bill No 82 of 2016-17]

introducing a special objective into the SAR that put the protection of learners ahead of the rights of creditors, there was a risk that creditors may be less willing to lend to the sector, or may change the basis on which they do so. However, it was the Government’s view that the priority given to the special objective in a SAR was critical to enabling learners to be protected. In any event, the interests of creditors were recognised in the SAR proposal on the basis that the education administrator would have a duty to carry out their functions so as to achieve the best result for the college creditors as a whole, so far as this was consistent with the special objective. 145
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Submission to the Legal Affairs and Community Safety Committee on the Human Rights Bill 2018

Submission to the Legal Affairs and Community Safety Committee on the Human Rights Bill 2018

In order to deter infringement and compensate individuals whose rights have been violated, public entities must be held accountable under the legislation—and accountability means consequences for breach. As the situation currently stands, a public entity that breaches human rights—once or twenty times—faces no real consequences. The temptation for public entities faced with conciliation will be to dig in their heels or make only token gestures, secure in the knowledge that, apart from negative comments in a report, no tangible consequences will be faced. Should this defensive approach be successful once, it creates a cascade effect whereby other public entities are encouraged to adopt the same approach. The ultimate risk is that Queensland’s human rights legislation becomes a
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The European Union after the Treaty of Lisbon. Fundamental rights and EU citizenship. CEPS Liberty and Security in Europe, July 2010

The European Union after the Treaty of Lisbon. Fundamental rights and EU citizenship. CEPS Liberty and Security in Europe, July 2010

If one takes as a starting point the Weberian state, which is defined by a territory, people and bureaucracy and that has established a claim to a monopoly over the legitimate use of violence, the Charter reveals fundamental transformations in Europe. First, the Charter is the result of supranational negotiation, discussion and adoption. It has been ratified by all member states via the Lisbon Treaty. But it is not the product of a national constitutional system of any one member state. The power to create this Bill of Rights describes an authority which is not that of the Weberian state. Nonetheless, the Charter modified the state authorities’ claim to a monopoly over the legitimate use of violence. I would refer you back to my earlier comments on the ECtHR’s recent jurisprudence against the UK and the Stockholm Programme and the impact this will have on state authorities’ claims regarding the legitimacy of the use of violence. The people to whom the rights in the Charter accrue cannot be limited by the act of any national authority. Thus for instance, one member state’s authorities cannot decide that the right to private and family life (Article 7) will only apply to their own nationals. They are required by the Charter to accept that these rights also accrue to nationals of any other member state who happen to be within their jurisdiction. But they are also required by the Charter to ensure the
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A Patient Bill of Rights for Psychotropic Prescription: A Call for a Higher Standard of Care

A Patient Bill of Rights for Psychotropic Prescription: A Call for a Higher Standard of Care

The pharmaceutical industry has made it very difficult to know what the clinical trial evidence actually is regarding psychotropics. Consequently, primary care physicians and other front-line practitioners are at a disadvantage when attempting to adhere to the ethical and scientific mandates of evidence based prescriptive practice. This article calls for a higher standard of prescriptive care derived from a risk/benefit analysis of clinical trial evidence. The authors assert that current prescribing practices are often empirically unsound and unduly influenced by pharmaceutical company interests, resulting in unnecessary risks to patients. In the spirit of evidenced based medicine’s inclusion of patient val- ues as well as the movement toward health home and integrated care, we present a patient bill of rights for psychotro- pic prescription. We then offer guidelines to raise the bar of care equal to the available science for all prescribers of psychiatric medications.
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Analysing Justice Verma Committee’s “Bill of Rights”: Gender Budgeting in Law and Order

Analysing Justice Verma Committee’s “Bill of Rights”: Gender Budgeting in Law and Order

2 Every time, when I feel helpless and anguish about the dignity, safety and security of women in India, I return to the “Bill of Rights” included in Justice J S Verma Committee Report 1 just to reassure myself that we have a top mission, and it is already stated explicit in a document in India, waiting to be transformed into a public policy. This report is a simple, powerful articulation - an answer - for the accumulated pain in the heart of every Indian for an effective public policy to uphold the right to life of women and girls in our country.

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The European Cancer Patient’s Bill of Rights, update and implementation 2016

The European Cancer Patient’s Bill of Rights, update and implementation 2016

The ECC seeks to catalyse change by working in an innovative, supportive and collaborative way with the many organisations which strive to improve cancer outcomes at the European and national level. To provide tangible benefits for European patients with cancer, the ECC created a ‘European Cancer Patient’s Bill of Rights’, a patient charter that underpins equitable access to optimal cancer control, cancer care and research for Europe’s citizens. 1–3 This was launched at the European

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Caring for our children : a comparative case study of child-care policy and child-care arrangements in Australia and Canada

Caring for our children : a comparative case study of child-care policy and child-care arrangements in Australia and Canada

To analyse child-care policies adequately, it is necessary to have a theoretical framework that can account for the interplay of the state with the market place and the family, as well as the interaction between the different institutions involved in the care of children. In Australia and Canada, many families supplement parental child-care with a number of other child-care arrangements that include informal care by relatives, friends, and neighbours, and formal care by commercial, government and non­ government agencies. Various theories of the welfare state have been devised over the years. Few, however, are able to incorporate all three social spheres. Many theories adopt a gender-neutral perspective. Indeed, '[rnjost scholarship about the welfare state simply does not use gender as a category of analysis, welfare is more commonly understood to reflect and form the class system' (Gordon, 1990:10). Theories built around the relationship between the state and the individual attach concepts of 'rights', 'liberties', and 'obligations' to a sexless, ciassiess, colourless person, an individual abstracted from all social relationships other than the one with the state (Franzway, Court & Connell, 1989). This is perhaps most apparent in the dominant theories of comparative welfare state research. The state is taken here to mean a socially constructed and historically situated institution, which encompasses government, legislature and bureaucracy. Embodying widely-held sociological assumptions, the state is assumed to be a relatively autonomous institution which exists in a dialectical relationship with both the economy and the society, structuring, defining and mediating the relationship between capital and wage labour through industrial and arbitration legislation and other means (Pusey, 1993). More specifically in relation to Australia and Canada, the federal structure of the state is viewed as influencing both the character of state power and the opposing positions and strategies of the major political parties.
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Another Shot at Rectifying the District of Columbia v. Heller Ambiguities: The Constitutional Right to Arms, the Nonconstitutional Right to Arms, and the Commerce Clause

Another Shot at Rectifying the District of Columbia v. Heller Ambiguities: The Constitutional Right to Arms, the Nonconstitutional Right to Arms, and the Commerce Clause

196. See discussion supra note 160. Courts do not traditionally have to create general rights out of specific protections. One may argue that the Court created a right of privacy from the “Bill of Rights or its penumbras.” Roe v. Wade, 410 U.S. 113, 129 (1973). However, the Court derives the right to privacy from the right to liberty; the court did not create the right to liberty from a right to privacy. Similarly, the court in New York State Pistol & Rifle Ass’n v. Cuomo could have created the right to use a seven-round magazine from a right to defend the home. It could have asserted that the right to more than seven rounds in a magazine is part of a more general right to bear arms, which includes both the right to more than seven-round magazines and the right to defend the home. However, it approached the issue like the Court in Roe v. Wade and tried to wedge the right to own a more than seven-round magazine within the right to use arms to defend the home. The problem is that the two rights are linked only by perverse situations wherein an individual would require not more than seven rounds of total ammunition but more than seven rounds in a single magazine to effectively defend the home. With that logic, one could potentially argue that any situation could arise and that any number or type of arms be required by the situation to defend the home. Therefore, the Cuomo court’s unwillingness to expand the right but to instead derive from the right an unrelated protection—in nearly all situations—demands a narrow reading of the individual right.
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From the Dutch East India Company to the corporate bill of rights: corporations and international law

From the Dutch East India Company to the corporate bill of rights: corporations and international law

The past 5-10 years, however, have seen something of a ‘turn to history’ as well as a ‘turn to political economy’ in critical international legal scholarship. 14 The latter trend follows, and to some extent critically mirrors, the ‘economy and human rights’ trend in mainstream scholarship (for example, ‘business and human rights’, ‘trade and human rights’, ‘development and human rights’). As part of the current turn to IPE, very few writers have yet touched on the corporation in international law, with those who have mainly doing so in the context of the history of colonialism. 15 These scholars are able to make use of a small surge of publications by historians on the corporation. 16 The main debates in recent historical scholarship on the corporation occur around the question of the nature of the corporation as political, economic or hybrid. As such, and as pointed out by historian Pepijn Brandon, these authors presuppose the possibility of separation between ‘politics’ and ‘economics’. Brandon shows that it is in fact this ideological (illusion of) separation that has historically allowed space for corporate power to grow unchallenged. It is also this very
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Childcare Bill [HL] (HL Bill 9 of 2015-16)

Childcare Bill [HL] (HL Bill 9 of 2015-16)

commitment set out in the Queen’s Speech, by providing for an increased entitlement to 30 hours a week of free childcare (for 38 weeks of the year) to be made available to eligible working parents of three- and four-year-old children in England. The Bill would also require local authorities in England to publish information about the provision of childcare, and other services or facilities which may be of benefit to parents or prospective parents, or children or young persons, in their local authority area. The Government has stated that the increased entitlement would be implemented for all working parents from September 2017, with trials being introduced for some families in September 2016. 3 The number of hours that parents
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Pharmacy Patient’s Bill of Rights in Saudi Arabia 

Pharmacy Patient’s Bill of Rights in Saudi Arabia 

All of those documentations discussed the patient rights as general; they did not mention something specific about patient pharmacy bill of rights. Strategic planning of General Administration of pharmaceutical care for pharmacy and primary care centers founded

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House of Lords: Library Notes: Small Charitable Donations and Childcare Payments Bill: HL Bill 71 of 2016–17

House of Lords: Library Notes: Small Charitable Donations and Childcare Payments Bill: HL Bill 71 of 2016–17

The GASDS is a scheme enabling charities and ‘Community Amateur Sports Clubs’ (CASCs) to claim ‘gift aid style’ top-up payments on small donations of up to £20 in circumstances where it is not practical or feasible to obtain a gift aid declaration (such as cash donations collected in a charity bucket). Unlike gift aid, which is a tax relief, the gift aid small donations scheme does not require individual donors to complete gift aid declarations. Subject to certain restrictions, eligible bodies can claim 25p in top-up payments for every £1 received. There is currently an annual claims limit of £8,000, which would result in a maximum of £2,000 in top-up payments for that year. The scheme came into force on 6 April 2013. The Bill would make a number of amendments aimed at strengthening and simplifying the operation of the scheme. For example, it would remove a requirement whereby charities and CASCs had to be in existence for the prior two tax years to benefit under the scheme, and would extend the eligible payment methods to include contactless payments as well as cash. It would also make changes to the schemes’ rules regarding community buildings and groups of connected charities. In addition, the Bill contains a small number of technical amendments to the tax-free childcare scheme which is scheduled to be rolled out across the UK in early 2017.
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The World Psychiatric Association’s “Bill of Rights”: a curious contribution to human rights

The World Psychiatric Association’s “Bill of Rights”: a curious contribution to human rights

The WPA has, historically, been at some distance from human rights discourse. It has tended, rather, to approach normative questions and problems affecting psychiatry through the lens of ethics. The 1977 Declaration of Hawaii [7], which was the first WPA position statement regarding such issues, “laid down … ethical guidelines for psychiatrists all over the world” [italics added]. Clarence Blomquist—who drafted the text, and who was trained in both psychiatry and practical philosophy—noted “the sometimes diverse approaches to medical ethics and the physician/patient relationship in Europe and the U.S.,” and explained that he tried, when drafting, “to gain more concern for the patients’ autonomy and right to participate in decisions about their own lives and health but to avoid a rigid legalistic system and to give place for man’s legitimate need for trust, confidence and care” [8]. Over a decade later, in 1989, the WPA published a “Statement and Viewpoints on the Rights and Legal Safeguards of the Mentally Ill” which, at times, mobilized a language of rights [9]. It was at least in part a response to what had been perceived by the WPA as an “anti-psychiatric” tone [10] within the preamble and articles that had been proposed in the Daes report [11], published in 1986, which was the first of two reports resulting from the United Nations (U.N.) Commission for Human Rights appointing two Special Rapporteurs to investigate and report on the lamentable conditions in institutions for people with mental health issues and intellectual disabilities.
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Expansive Rights: FDR’s Proposed “Economic” Bill of Rights Memorialized in the International Covenant on Economic, Social, and Cultural Rights, But with Little Impact in the United States

Expansive Rights: FDR’s Proposed “Economic” Bill of Rights Memorialized in the International Covenant on Economic, Social, and Cultural Rights, But with Little Impact in the United States

Article 17. 83 The Committee consists of 18 human rights experts who monitor whether the ICESCR is being properly implemented by ratifying nations. The nations that ratified the ICESCR are required to submit reports every five years to the Committee, outlining policies the nation has implemented that are geared towards advancing the rights in the ICESCR. 84 The Committee then examines the report and addresses its concerns and provides recommendations to the nation in the form of concluding observations. 85 Aside from this report, there is no real enforcement mechanism provided to the Committee if a nation fails to adopt its recommendations or does not enact policies aimed at advancing the rights in the ICESCR. If a ratifying nation does not want to be subject to the Committee’s review, there is a provision in the ICESCR allowing for a self-evaluation. But even if the U.S. ratified the ICESCR and selected the self-evaluation option, the result would be a diminution of sovereignty since U.S. domestic policy would then be open for inspection and criticism by the international community. Understandably, the members of the Senate Foreign Relations Committee met such an idea with great apprehension when they discussed possible ratification of the ICESCR during the Carter Administration.
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Australia and the negotiations of the International Bill of Rights (1946-1966)

Australia and the negotiations of the International Bill of Rights (1946-1966)

What emerges from this study is that Australian ‘international human rights policy’ during the 1946-1966 period varied considerably. Amidst the variations, one dominant pattern is evident. In the course of the negotiations, Australia progressively disengaged with many of the elements accepted as part of the ‘human rights lexicon’ of 2001. Initially Australia promoted the equality of all forms of rights and supported active roles for the State in guaranteeing rights and for the international community in investigating violations. In the 1950s and 1960s Australia’s policies dramatically reversed. Although the Cold W ar undermined faith in an ‘impartial’ international community, the dominant causal factors in producing this shift were domestic in nature. In Australia, human rights policy was determined by a succession of Ministers and bureaucrats. Rather than agreeing on the basic principles of human rights, these individuals brought to the task of policy-making distinct and divergent understandings of ‘human rights’, influenced by both party-political and non-partisan political perspectives. Deep-seated philosophical differences existed between Labor and Liberal Party Ministers as to, for instance, the role of the government in protecting the welfare of individuals. Similarly, actors differed in their assessment as to whether the individual or the State was the relevant reference point for the international negotiations. In terms of shaping the overall pattern of Australia’s policy, the most dramatic watershed undoubtedly occurred with the replacement of D r Evatt, a Labor Party ‘internationalist’ by the Liberal Party’s PC Spender as M inister for External Affairs in 1949. Yet this thesis reveals also the influence of the bureaucratisation of policy development from 1952 onwards and the non-partisan political philosophies of both Ministerial and bureaucratic actors.
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