1,721,026 research outputs found
Freedom of association at the European Court of Human Rights: A right in service of democracy
No full textThis article explores how freedom of association is protected by the European Court of Human Rights. The European Convention on Human Rights affirms, in Article 11.1, that everyone has the right ‘to freedom of peaceful assembly and to freedom of association’, and specifically recognises the right to form and to join trade unions. The right is expressly qualified in Article 11.2, which provides (using language that is broadly similar to that found in the neighbouring provisions) that the exercise of the right may be justifiably restricted if the restrictions are ‘prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others’. It concludes with the statement that ‘[t]his article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State’.The European Convention on Human Rights is a product of the Council of Europe: an international organisation that is independent of the European Union and now comprises forty-six member states. Its origins date back to the aftermath of the Second World War. The Congress of Europe, held at The Hague between 7th and 11th May 1948, and attended by prominent politicians, philosophers, lawyers, academics, historians, journalists, entrepreneurs, civil society leaders and religious leaders from the nations of Europe, concluded with a Political Resolution calling for a Charter of Human Rights.2 The Council of Europe was thereafter established in 1949 and the draft Convention opened for signature in 1950. Having attracted the support of the then 12 Council of Europe Member States, the Convention for the Protection of Human Rights and Fundamental Freedoms, commonly known as the European Convention on Human Rights (and hereinafter referred to as the Convention), was ratified and entered into force on 3rd September 1953. The Convention is interpreted by the European Court of Human Rights (hereinafter referred to as the Court), which hears cases brought by individual applicants against Member States claiming a violation of Convention provisions. The Court exercises a supervisory human rights jurisdiction, in line with the Preamble to the Convention, which affirms that Member States, ‘in accordance with the principle of subsidiarity, have the primary responsibility to secure the rights and freedoms defined in this Convention and the Protocols thereto, and that in doing so they enjoy a margin of appreciation, subject to the supervisory jurisdiction of the European Court of Human Rights established by this Convention’.4 Article 35 of the Convention provides that a case may only be brought ‘after all domestic remedies have been exhausted, according to the generally recognised rules of international law’5 and Article 46 provides that in the event of a finding by the Court that a Member State is in violation of the Convention, the Member States ‘undertake to abide by [the decision] and the judgment is conveyed to the Committee of Ministers of the Council of Europe which works with the government of the Member State to try to secure the execution of the judgment’. In other words, Member States have the first responsibility and the ultimate responsibility for the vindication of human rights in their nation states, but between those two points the Court has the final authority on how the Convention is interpreted. Part I considers how the Court defines “associations” and how it has developed three component aspects of the right: the right to form associations, the right not to be forced to join an association, and the right of the association to organisational autonomy. Part II explores the types of disputes that arise, and ways in which the Court articulates the relationship between freedom of association and freedom of expression. Part III reflects on the rationales that the European Court of Human Rights offers for why the right to freedom of association is important, and its particular focus on the idea that freedom of association is essential to the proper functioning of democracy
Freedom of association under the treaties of the United Nations: A right of intrinsic or instrumental value?
No full textAlthough included within a number of United Nations instruments, the right to freedom of association is principally enshrined within Article 22 of the International Covenant on Civil and Political Rights (ICCPR) and has been developed within the jurisdiction of the Human Rights Committee (the Committee). Whilst this right has been the subject of significant commentary by the Special Rapporteur on freedom of peaceful assembly and association (the Special Rapporteur) and of numerous resolutions of the Human Rights Council (the Council), the Committee’s engagement with Article 22 ICCPR has been sparse. Despite calls from the Special Rapporteur, the right to freedom of association is yet to receive a General Comment. Notwithstanding a paucity of jurisprudence, this article seeks to outline the contours of the right to freedom of association as protected by the UN treaties. Part II analyses the scope of the protections afforded, restrictions permitted, and positive obligations imposed by Article 22. Part III explores the interaction and interdependencies between the right to freedom of association and other provisions of the ICCPR. Part IV discusses the rational underpinnings of the right to freedom of association. Although freedom of association appears to lie ‘in the overlapping zone between civil and political rights’, the comparative analysis adopted in this article suggests that the Human Rights Committee and other UN bodies have disproportionately framed Article 22 in terms of its political and systemic significance, and have neglected to develop a philosophical basis for the right deriving from its inherent value to the human person. Whereas comparable rights have been framed as ‘fundamental’, ‘intrinsic’, and ‘indispensable for the full development of the person’, freedom of association remains cast in terms of its instrumental function in buttressing political pluralism, bolstering accountability, and facilitating the myriad of ‘purposes and principles of the United Nations’
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
Author-wise bibliometric analysis based on entropy.
No full textAuthor-wise bibliometric analysis based on entropy.</p
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