8,337 research outputs found

    Pravica do ugovora vesti v zakonodaji Republike Slovenije in praksi Evropskega sodišča za človekove pravice : diplomsko delo univerzitetnega študija

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    Diplomsko delo obravnava pravico do ugovora vesti v zakonodaji Republike Slovenije in sodni praksi Evropskega sodišča za človekove pravice in ga je mogoče razdeliti v 6 vsebinskih sklopov. V uvodu je opredeljena preučevana tematika, zastavljeni so želeni cilji in delovne hipoteze. Navedene so tudi metode dela, ki so bile uporabljene. Sledi drugi del, v katerem je ugovor vesti opredeljen kot pojem, ki pomeni pravico posameznika, da v določenih okoliščinah ter pod določenimi pogoji deluje v skladu s svojo vestjo in s tem krši družbeno sprejete pravne norme. V sklopu tega poglavja so navedeni tudi mednarodni pravni akti v katerih je zastopana pravica do ugovora vesti. Ugotovili smo, da velika večina le-teh pravico do ugovora vesti prepozna v okviru pravice do svobode mišljenja, vesti in vere. V tretjem poglavju je preučena pravica do ugovora vesti v zakonodaji Republike Slovenije. Ustava ugovor vesti prepozna kot eno temeljnih človekovih pravic, ki jo splošno določi v 46. členu. Posebno pozornost nameni pravici do ugovora vesti vojaški dolžnosti v določbah 123. člena. Podrobnejšo ureditev, kdo, kdaj in pod katerimi pogoji se lahko sklicuje na to pravico, pa določajo zakoni. Edini področji, na katerih je ugovor vesti z zakonodajo dopusten, sta področji zdravstvene dejavnosti ter obvezne vojaške dolžnosti. Četrti del se osredotoči na Evropsko konvencijo človekovih pravic ter sodno prakso Evropskega sodišča za človekove pravice. Ugovor vesti je obravnavan na podlagi določb 9. člena ter b točke tretjega odstavka 4. člena Evropske konvencije. Predstavljene so odločitve sodišča s tega področja. Natančneje je opisan primer Bayatyan proti Armeniji, pri katerem je sodišče spremenilo dolgoletno prakso. Države članice, ki so imele prej glede prepoznavanja in urejanja svobode vesti popolnoma proste roke, morajo sedaj zadostiti določenim minimalnim standardom. Sledita primera odzivov dveh držav, Armenije in Turčije, ki sta bili že večkrat obsojeni pred Evropskim sodiščem. V razpravi je zapisano razmišljanje o pravici do ugovora vesti v zakonodaji Republike Slovenije ter odločitvah Evropskega sodišča za človekove pravice. Iz primerov, ki jih je obravnavalo Evropsko sodišče, so izpostavljene posledice, ki lahko sledijo uveljavljanju pravice do ugovora vesti. Preverjene so na začetku raziskovanja postavljene hipoteze. Nazadnje so navedeni uporabljeni viri in literatura.The thesis deals with the right to conscientious objection in the legislation of the Republic of Slovenia and the jurisprudence of the European Court of Human Rights and can be divided into 6 topics. The introduction defines the studied topic, the desired objectives, the working hypothesis and also the methods that were used are defined. The second part includes the definition of the conscientious objection as a concept, which means the right of an individual in certain circumstances and under certain conditions to act in accordance with his conscience and thereby violate socially accepted legal norms. In this chapter are also given the international legal acts, which represent the right to conscientious objection. We have determined that the vast majority of them identify the right to conscientious objection in the context of the right to freedom of thought, conscience and religion. The third chapter examines the right to conscientious objection in the legislation of the Republic of Slovenia. The Constitution recognizes the right of conscientious objection as a fundamental human right, which is generally defined in Article 46. Special attention is given to the right to conscientious objection to the military service under the provisions of Article 123. Detailed arrangements who, when and under what conditions may refer to this right are determined by law. The only areas in which conscientious objection is permitted by law are the areas of health care and compulsory military service. The fourth part focuses on the European Convention of Human Rights and the case law of the European Court of Human Rights. Conscientious objection is dealt with under the provisions of Article 9 and point b of the third paragraph of Article 4 of the European Convention. Furthermore, the court decisions in this area are presented. More specifically described is an example of Bayatyan v. Armenia, in which the court changed the long-standing practice. Member States, which previously had completely free hands with regard to identification and regulation of freedom of conscience, must now meet certain minimum standards. Then follow the examples of responses of two countries, Armenia and Turkey, which have been repeatedly sentenced before the European Court. The discussion includes thoughts about the right to conscientious objection in the legislation of the Republic of Slovenia and the decisions of the European Court of Human Rights. The cases addressed by the European Court of Justice highlight the consequences that may follow the exercise of the right to conscientious objection. At the end, the hypotheses from the beginning are verified. Lastly, the sources and literature are indicated

    J.C. Painter letter to Benjamin Lundy

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    Letter from J.E. Painter to (presumably) Benjamin Lundy, answering a request for information about the history and operations of the Underground Railroad. Letter includes details of a story of an ex-slave transported on the Underground Railroad through Ohio and stories of the plight of other fugitive slaves crossing the Ohio River. Benjamin Lundy (1789-1839) was a prominent Quaker abolitionist best known for his development of abolitionist periodicals. His "Genius of Universal Emancipation" was first published in 1821 from his home in Mt. Pleasant, Ohio, and enjoyed a wide circulation across the antebellum United States. In the 1820s, the young William Lloyd Garrison came to work for The Genius. Benjamin Lundy traveled widely seeking subscriptions to The Genius, giving talks about the anti-slavery movement, and observing and documenting the conditions of enslaved people across the Americas. He was also involved in the establishment of freed slave colonies in Mexico

    Mexican land grant contract to Benjamin Lundy, March 10, 1835 (English)

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    Legal document from an unsigned officer to Benjamin Lundy, authorizing him rights as empresario to a tract of land in then-Mexico. The document extends a previous treaty made to Lundy by the government of Mexico from November 17, 1823 -- presumably, this land is to be the site of Lundy's freed slave colony. Original Spanish-language document is also a part of this collection. Benjamin Lundy (1789-1839) was a prominent Quaker abolitionist best known for his development of abolitionist periodicals. His Genius of Universal Emancipation was first published in 1821 from his home in Mt. Pleasant, Ohio, and enjoyed a wide circulation across the antebellum United States. In the 1820s, the young William Lloyd Garrison came to work for The Genius. Benjamin Lundy traveled widely seeking subscriptions to The Genius, giving talks about the anti-slavery movement, and observing and documenting the conditions of enslaved people across the Americas. He was also involved in the establishment of freed slave colonies in Mexico

    Eli Nichols letter to Benjamin Lundy, March 17th, 1839

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    Friendly note from Eli Nichols to Benjamin Lundy covering topics in contemporary abolition, ranging from the social status of abolitionists to the oppression of the poor. Much of the letter concerns a review of contemporary social movements in equality-based education, including Shaker and Quaker communities. The letter concludes in discussion of Nichols' and Lundy's interest in forming a freed slave colony or community in then-Mexico, and describes the climate and culture of those regions in detail. Benjamin Lundy (1789-1839) was a prominent Quaker abolitionist best known for his development of abolitionist periodicals. His Genius of Universal Emancipation was first published in 1821 from his home in Mt. Pleasant, Ohio, and enjoyed a wide circulation across the antebellum United States. In the 1820s, the young William Lloyd Garrison came to work for The Genius. Benjamin Lundy traveled widely seeking subscriptions to The Genius, giving talks about the anti-slavery movement, and observing and documenting the conditions of enslaved people across the Americas. He was also involved in the establishment of freed slave colonies in Mexico

    Mexican land grant contract to Benjamin Lundy, March 10, 1835 (Spanish)

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    Legal document in Spanish from the government of Tamaulipas, Mexico, to Benjamin Lundy, which appears to grant Lundy the rights of empresario for his proposed colony for freed slaves in Tamaulipas. This document appears to be truncated; it ends abruptly after 2 pages. Collection also includes a period translation of this contract with Lundy in English, which appears to contain the full text of the agreement. Benjamin Lundy (1789-1839) was a prominent Quaker abolitionist best known for his development of abolitionist periodicals. His Genius of Universal Emancipation was first published in 1821 from his home in Mt. Pleasant, Ohio, and enjoyed a wide circulation across the antebellum United States. In the 1820s, the young William Lloyd Garrison came to work for The Genius. Benjamin Lundy traveled widely seeking subscriptions to The Genius, giving talks about the anti-slavery movement, and observing and documenting the conditions of enslaved people across the Americas. He was also involved in the establishment of freed slave colonies in Mexico

    General Benjamin Butler Letter Regarding the naming of Newport News, Virginia

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    Digital images of an original letter written by Former Union Major-General Benjamin Butler in reply to a query by author, Edwin Everett Hale on how Newport News, Virginia had received it's name. both sides of the original letter are included along with a typed transcription of the letter

    R. Williams letter to Mrs. Susan M.Weirman, July 21, 1896

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    Response letter from R. Williams to Susan M. Wierman [sometimes spelled Weirman] following up on a visit from photographer M. Wooley, presumably to snap photographs of Susan and the Lundy home to accompany Williams' biographical essay on Lundy. Williams sends along Wooley's letters and requests additional information from Ms. Wierman about the life and times of some meeting houses significant in the life and times of her father, anti-slavery activist and abolitionist periodical publisher Benjamin Lundy. Benjamin Lundy (1789-1839) was a prominent Quaker abolitionist best known for his development of abolitionist periodicals. His Genius of Universal Emancipation was first published in 1821 from his home in Mt. Pleasant, Ohio, and enjoyed a wide circulation across the antebellum United States. In the 1820s, the young William Lloyd Garrison came to work for The Genius. Benjamin Lundy traveled widely seeking subscriptions to The Genius, giving talks about the anti-slavery movement, and observing and documenting the conditions of enslaved people across the Americas. He was also involved in the establishment of freed slave colonies in Mexico
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