- Oct 2024
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www.youtube.com www.youtube.com
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Ryan Holiday says that our society struggles with accepting that we owe things to other people...
This reminds me of Simone Weil's notion of "no rights, only responsibilities"... A right by itself has no power, only obligation has. A right is an obligation toward us fulfilled. Only other people have rights, and we have obligations.
Getting into this frame of mind allows one to live a far more righteous and fulfilled as well as calm life. Once you acknowledge that you have no rights, you can not cling to them, and thus you don't view things as unfair to you.
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www.youtube.com www.youtube.com
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1:27:32 A Community Bill of Rights
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- Jul 2024
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www.democracydocket.com www.democracydocket.comAbout Us1
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Democracy Docket is the leading digital news platform dedicated to information, analysis and opinion about voting rights and elections in the courts.
This is false. Democracy Docket is a DNC astroturf org. The actual leading digital news platform dedicated to voting rights and elections has been https://ballot-access.org/ for decades.
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- Jun 2024
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zenodo.org zenodo.org
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TRSP Desirable Characteristics
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www.nature.com www.nature.com
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Managing the intellectual property rights of data producers, the protection of sensitive information resources, and the security of the system and its content.
TRSP Desirable Characteristics
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- May 2024
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www.liberation.fr www.liberation.fr
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Vier NGOs haben den französischen Öl- und Gaskonzern TotalEnergies vor einem französischen Strafgerichtshof wegen des Pipeline-Projekts EACOP in Ostafrika verklagt. Das Vorgehen des Konzerns habe Ökozid-Qualitäten. Die Kläger berufen sich u.a. auf die Forderung der IEA, keine neuen fossilen Projekte mehr zu entwickeln. https://www.liberation.fr/environnement/climat/totalenergies-vise-par-une-plainte-au-penal-pour-son-mega-projet-petrolier-en-ouganda-et-en-tanzanie-20231002_NBNQ6FM2XNA2PBSACL4VY6EZDM/
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- Apr 2024
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www.vox.com www.vox.com
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Cohen, Rachel M. “What the Supreme Court Case on Tent Encampments Could Mean for Homeless People.” Vox, April 21, 2024. https://www.vox.com/scotus/24123323/grants-pass-scotus-supreme-court-homeless-tent-encampments.
Tags
- Martin v. Boise
- poverty
- homelessness
- rental assistance
- homelessness and mental illness
- credit scores
- well-being
- Grants Pass v. Johnson
- homelessness and policing
- read
- municipal governments
- sanctioned encampment sites
- policy
- housing crisis
- housing policy
- help portals
- References
- refugee camps
- human rights
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www.theguardian.com www.theguardian.com
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Der Guardian hebt im Bericht zum Urteil des europäischen Menschenrechtsgerichtshof hervor, dass das Gericht festgestellt hat, dass die Schweizer Regierung die Menschenrechte der Klägerinnen tatsächlich verletzt hat, und dass das Urteil zukünftige Klagen gegen nationale Regierungen auch vor nationalen Gerichten erleichtert. Das Gericht stellt fest, dass die Einhaltung des 1,5°c ein Kernelement des Schutzes der Menschenrechte ist und dass ich die Schweizer Klimapolitik nicht an der Wissenschaft orientiert habe. https://www.theguardian.com/environment/2024/apr/09/human-rights-violated-inaction-climate-echr-rules-landmark-case
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- event: ECHR ruling April 2024
- mode: legal action
- actor: Rosmarie Wydler-Wälti
- NGO: KlimaSeniorinnen
- institution: European Court of Human Rights (ECHR)
- expert: Anton Foley
- expert: Gerry Liston
- expert: Joie Chowdhury
- expert: Corina Heri
- expert: Charlotte Blattner
- actor: Greta Thunberg
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- Feb 2024
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Local file Local file
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Byington shared her uncle’s interest in and support for indigenousculture and language, serving as President of the Stockbridge branch of theIndian Rights Association, and on the Education Committee for the Women’sNational Indian Associatio
Support for
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a favourite quotation from Auguste Comte, the founder of altruism,‘Man’s only right is to do his duty. The intellect should always be the servantof the heart, and should never be its slave.’
original source?
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canvas.pasadena.edu canvas.pasadena.edu
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What was the impact of Roe v Wade on the women’s movement?
The decision may have motivated the EQUAL RIGHTS AMENDMENT
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- Dec 2023
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www.theatlantic.com www.theatlantic.com
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From 1976 to 1985, states that adopted no-fault divorce saw their overall domestic-violence rates plummet by a quarter to one-half, including in relationships that did not end in divorce. The number of women murdered by “intimates” declined by 10 percent. Female suicide rates also fell immediately in states that moved to unilateral divorce, a downward trend that continued for the next decade
good lord
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- Nov 2023
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www.theguardian.com www.theguardian.com
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NGOs und Expert:innen kämpfen dafür, die Rechte von Kindern und Jugendlichen, Klimaprozesse gegen Firmen und Staaten anzustrengen, auszubauen. Junge Menschen sind von der Klimakatastrophe besonders betroffen, haben aber nur selten die Möglichkeit, ihre Interessen in Prozessen zu vertreten. https://www.theguardian.com/environment/2023/oct/26/stop-locking-young-people-out-of-legal-process-in-climate-cases-say-experts
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www.uspto.gov www.uspto.gov
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This overarching goal is stated in the U.S. Constitution, Article I section 8, clause 8, “The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
Then, the article quote the U.S. Constitution, Article I section 8, clause 8, and then explains that, in the 18th century, this constitutional law gave the congress the power to grant exclusive rights to authors and inventors for their work, in order to boost creativity and innovation in the USA (U.S. Const., 1787). Later, the article claims that in the 1975, the U.S. Constitution, Article I section 8, clause 8 keep having the purpose of fostering innovation and creativity in the society, throughout economic incentive. Subsequently, the article supports this statement by quoting the law "Twentieth Century Music Corp. v. Aiken," which was created in 1975 with the purpose of boosting creativity and innovation in society throughout the economic incentive of assuring that creators receive a payment for their intellectual property that equates to the cost of producing it.
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- Oct 2023
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Die Umweltexpertin und Klima-Aktivistin Hoang Thi Minh wurde in Vietnam wegen angebllicher Steuerhinterziehung zu drei Jahren Haft verurteilt. Mindestens vier ähnliche Urteile sind bekannt. Unter dem Vorwurf der Steuehinterziehung wurde im September auch die prominente Umweltexpertin Ngo Thi To Nhien verhaftet. Zivilgesellschaftliches Engagement gegen die Klimakrise wird in Vietnam durchgehend kriminalisiert und verfolgt.https://taz.de/Klimaaktivistin-in-Vietnam-in-Haft/!5959470/
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- Sep 2023
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www.liberation.fr www.liberation.fr
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Der UN-Hochkommissar für Menschenrechte Volker Türk hat festgestellt, dass wir bereits in einer dystopischen Zukunft leben, in der Millionen wegen des Klimawandels hungern. Türk griff scharf die Gleichgültigkeit gegenüber dem Schicksal der Migrierenden an. Die Libération sieht in Türks Rede ein Echo auf den G20-Gipfel, bei dem nicht zum Ausstieg aus fossilen Brennstoffen aufgerufen wurde. https://www.liberation.fr/environnement/climat/migrants-climatiques-le-futur-dystopique-est-deja-la-alerte-lonu-20230911_IG6ZC4SXRNFVJA2KDDJQR7LO7U/
Rede von Volker Türk: https://www.ohchr.org/en/statements/2023/09/turk-human-rights-are-antidote-prevailing-politics-distraction-deception
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en.wikipedia.org en.wikipedia.org
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protect bodily autonomy
...as long as one disregards the body of the unborn human being. 🙄
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whether to continue one's own pregnancy
"Whether to murder your own defenseless offspring"
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- Aug 2023
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americanhistory.si.edu americanhistory.si.edu
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Equal rights for the sexes will be reached only when totally unqualified women occupy high positions of power. —Phyllis Diller, May 1979, gag file under Women's Liberation
From the Phyllis Diller gag file at https://transcription.si.edu/project/8547<br /> via https://americanhistory.si.edu/collections/search/object/nmah_1218385#
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synod.e-cirkev.cz synod.e-cirkev.cz
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Synod ČCE souhlasí s možností požehnání svazků osob stejného pohlaví, pokud o to požádají. Synod ČCE vnímá, že názory na tuto otázku nejsou v církvi jednotné, podporuje činnost komise pro soužití s LGBTQ lidmi a pokračování diskuze v církvi o tomto tématu. Synod konstatuje, že žádný kazatel není povinen žehnat svazkům osob stejného pohlaví.
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- Jul 2023
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docdrop.org docdrop.org
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we talk about human rights and we want to protect our human rights. We have to expand that sense of human rights to the rest of the world and understood. We don't have the right to 00:21:48 destroy that diversity which is critical and which has inherent value.
- for: human rights, nonhuman rights
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- Jun 2023
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www.nytimes.com www.nytimes.com
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PARIS — Europe’s top human rights court condemned the French government on Wednesday over its refusal to bring home the families of two Islamic State fighters, a landmark ruling that may push France and other European countries to speed up the repatriation of nationals held for years in squalid detention camps in northeastern Syria.
Could such EU wide actions or decision result in fostering seed of anger among individual EU nations, eventually prompting them to leave EU? Is there no power among individual nations to make their own decisions when it comes to national security?
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- May 2023
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Beim Bau des Geothermiekraftwerks Olkaria, das Bundeskanzler Scholz gerade gefeiert hat, ist es zu massiven Verletzungen der Rechte der dort wohnenden Maasai gekommen, verbunden mitRrepressionsmaßnahmen. Hintergrundbericht in der taz. https://taz.de/Investitionen-in-Erneuerbare-in-Kenia/!5933093/
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- Apr 2023
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Bei der Tagung von Weltbank und Internationalem Währungsfonds wurden nur winzige Reformschritte unternommen. Nach der Ansicht der Fachleute von NGOs werden sie nicht ausreichen um ärmeren Ländern den Kampf gegen die globale Erhitzung zur erleichtern. Nach wie vor stellt die Weltbank hohe Summen für die Finanzierung fossiler Energien zur Verfügung.
https://taz.de/Fruehjahrstagung-von-Weltbank-und-IWF/!5927897/
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- Feb 2023
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www.thecrimson.com www.thecrimson.com
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https://www.thecrimson.com/article/2023/2/2/donovan-forced-leave-hks/
This is a massive loss for HKS, but a potential major win for the school that picks the project up.
It seems to be a sad use of "rules" to shut down a project which may not jive with an administrations' perspective/needs.
Read on Fri 2023-02-03 at 7:14 PM
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- Jan 2023
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docdrop.org docdrop.org
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if you make a surrogate
Deed of gift versus NFT digital surrogate ownership
and then you do an nft it's a different type of ownership
Old deeds of gifts may not cover the online posting of digital surrogates (and it sounds like the speakers have experience with this problem). And there are certainly needs for clarity around what an NFT "ownership" means relative to the original work.
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humansandnature.org humansandnature.org
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It is not by erecting fences between power and right that governance can be steered toward justice, but by entangling power within solidarity, care, and other modes of right relationship.
!- strengthen governance : by entangling power with care, rights and solidarity
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- Nov 2022
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www.proquest.com www.proquest.com
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In the year after their acquittal, Roy Bryant and J. W. Milam told their story to William Bradford Huie in a piece for Look magazine. According to Huie, the two admitted to killing the teenager. Upon abducting Till at the home of his great-uncle Mose Wright, Milam recalled asking him: "You the nigger who did the talking?" "Yeah," Till answered. "Don't say 'Yeah' to me: I'll blow your head off.'"27 In his account, Milam continued to characterize the incident as a legitimate effort to maintain white-black social hierarchy. Blaming an unrepentant Till for his own murder, Milam explained, "He was hopeless. I'm no bully; I never hurt a nigger in my life. I like niggers in their place. I know how to work 'em. But I just decided it was time to put a few people on notice. As long as I live and can do anything about it, niggers are going to stay in their place."28
The fact they molested, mutated and killed a goof-off black boy with no bodily strength or power to fight back, just in an effort to "how blacks where they belong" is discusting and horrifying.
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In other words, lynching images, such as those of Emmett Till, are too visually provocative, too viscerally challenging, to be contained by time or distance.
The picture of Emmett Till is a valid argument to shut down racism here in the USA.
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If the men who killed Emmett Till had known his body would free a people, they would have let him live.
It's funny how the white men did this to show black boys their place, and instead opened the floodgate to the civil rights moevemnt.
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- Oct 2022
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www.lp.org www.lp.org
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termination of a pregnancy
Except that intentional "termination of a pregnancy" violates the NAP of the unborn human, which is why people evade this by claiming that unborn humans are not alive (when they objectively are), or that they magically become human when they exit the birth canal or the abdomen via Cesarian section.
Murder is not a right, so it cannot be a reproductive right.
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www.rollingstone.com www.rollingstone.com
- Sep 2022
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pluralistic.net pluralistic.net
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"Any time someone puts a lock on something that belongs to you, and won't give you the key, that lock is not for your benefit."
Doctorow's First Law
In this case, that Audible is selling audio books and requiring producers to use its DRM. This, of course, makes it impossible to take your purchased/licensed content to another audio book provider.
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stratechery.com stratechery.com
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In short, the questions about Google’s behavior are not about free speech; they do, though, touch on other Amendments in the Bill of Rights. For example: The Fourth Amendment bars “unreasonable searches and seizures”; while you can make the case that search warrants were justified once the photos in question were discovered, said photos were only discovered because Mark’s photo library was indiscriminately searched in the first place. The Fifth Amendment says no person shall be deprived of life, liberty, or property, without due process of law; Mark lost all of his data, email account, phone number, and everything else Google touched forever with no due process at all. The Sixth Amendment is about the rights to a trial; Mark was not accused of any crime in the real world, but when it came to his digital life Google was, as I noted, “judge, jury, and executioner” (the Seventh Amendment is, relatedly, about the right to a jury trial for all controversies exceeding $20).
Ben Thompson argues that questions about Google's behavior towards a false positive case of CSAM does not pertain to free speech or to the First Amendment. But it does pertain to other Amendments in the Bill of Rights.
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- Jul 2022
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www.theatlantic.com www.theatlantic.com
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If you live in a democratic state, itmeans you have the right to criticize your government’s policies.
Some might even say you have a duty to criticize your government's policies.
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lyz.substack.com lyz.substack.com
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“So keep fighting for freedom and justice, beloveds, but don't forget to have fun doin' it. Be outrageous... rejoice in all the oddities that freedom can produce. And when you get through celebrating the sheer joy of a good fight, be sure to tell those who come after how much fun it was!”— Molly Ivins
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docdrop.org docdrop.org
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if you buy an NFT that doesn't have any sale terms whatsoever,
NFTs without sales terms are not protected by law
what have you purchased? The answer is probably nothing. At least nothing that the law can protect.
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- Jun 2022
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www.nytimes.com www.nytimes.com
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The Virginia Declaration of Rights, written by none other than George Mason in 1776 when states controlled the militias, did not have one.
Recall that George Mason was an anti-federalist.
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Only four of the 13 state Constitutions had such a provision.
Prior to the Bill of Rights, only four of the thirteen state Constitutions had a provision for a right to bear arms.
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www.theatlantic.com www.theatlantic.com
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Newton had discovered, during classes at San Francisco Law School, that California law allowed people to carry guns in public so long as they were visible, and not pointed at anyone in a threatening way.In February of 1967, Oakland police officers stopped a car carrying Newton, Seale, and several other Panthers with rifles and handguns. When one officer asked to see one of the guns, Newton refused. “I don’t have to give you anything but my identification, name, and address,” he insisted. This, too, he had learned in law school.
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- Apr 2022
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twitter.com twitter.com
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SmartDevelopmentFund [@SmartDevFund]. (2021, November 2). A kit that enables users to disable misinformation: The #DigitalEnquirerKit empowers #journalists, civil society #activists and human rights defenders at the #COVID19 information front-line. Find out more: Http://sdf.d4dhub.eu #smartdevelopmentfund #innovation #Infopowered https://t.co/YZVooirtU9 [Tweet]. Twitter. https://twitter.com/SmartDevFund/status/1455549507949801472
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pioneerworks.org pioneerworks.org
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https://pioneerworks.org/broadcast/scientology-psychiatry/
A discussion of how Scientology got roped into the anti-psychiatry movement of the 70s and lead up to the existence of Psychiatry: An Industry of Death museum as part of the Citizens Commission of Human Rights International.
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- Mar 2022
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inst-fs-iad-prod.inscloudgate.net inst-fs-iad-prod.inscloudgate.net
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insidious declamations should have no effect upon the wise legislators who have decreed liberty to humanity. The attacks the colonists propose against this liberty must be feared all the more insofar as they hide their detestable projects under the veil of patriotism. We know that illusory and specious descriptions have been made to you of the renewal of terrible violence. Already, perfidious emissaries have crept among us to foment destruction at the hands ofliberticides. They will not succeed, this 1 swear by all that is most sacred in liberty. My attachment to France, the gratitude that all the blacks conserve for her, make it my duty to hide from you neither the plans being fomented nor the oath that we renew to bury ourselves beneath the ruins of a country revived by liberty rather than suffer the return of slavery.
Here Toussaint states that he refuses to let Vaublanc convince 'property' owners in St. Domingue to regress back to the use of enslavement. Toussaint also says that it he and other Blacks have gratitude to France and will not try to hide the fact they will all fight should, the "enemy of liberty" slavery return.
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twitter.com twitter.com
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Benjamin Mason Meier. (2022, March 13). Having examined the CDC Director’s admonition—“Your health is in your hands”—As a moral failure https://thelancet.com/journals/eclinm/article/PIIS2589-5370(21)00351-5/fulltext, our new article reflects on rising individualism in US COVID-19 policy, undermining collective action, health equity & human rights https://sciencedirect.com/science/article/pii/S2589537022000712 https://t.co/EwG9fUUQC2 [Tweet]. @BenjaminMMeier. https://twitter.com/BenjaminMMeier/status/1502989273125036032
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- Feb 2022
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underpassapp.com underpassapp.com
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StopTheMadness is a web browser extension that stops web sites from making your browser harder to use
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www.nature.com www.nature.com
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Spinney, L. (2022). Pandemics disable people—The history lesson that policymakers ignore. Nature, 602(7897), 383–385. https://doi.org/10.1038/d41586-022-00414-x
Tags
- history
- pre-existing condition
- lang:en
- long influenza
- morbidity
- pandemic
- disability rights
- hospitalization
- children
- chronic
- disablism
- ableism
- COVID-19
- mortality
- neurological symptoms
- policy
- is:article
- acute
- brain damage
- long covid
- risk
- disability
- vulnerable
- COVID-induced disability
- health economy
- flu
- policymaker
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- Jan 2022
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Even if you are a political junkie, there’s a good chance you didn’t realize that the United States Constitution grew 58 words longer this week.Those words, which begin, “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex,” are the text of the Equal Rights Amendment. Section 3 of the amendment states that it takes effect two years after its ratification, which happened on Jan. 27, 2020, when Virginia became the 38th state to sign on. By its own terms, then, the 28th Amendment went into force on Thursday. American women are, at long last, equal to men in the eyes of the law. Hallelujah.
I'd totally missed this in the news this week.
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www.emerald.com www.emerald.com
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Nath, V., & Lockwood, G. (2021). Implications of the UK Equality Law for tele-homeworking: COVID-19 and beyond. International Journal of Law and Management, ahead-of-print(ahead-of-print). https://doi.org/10.1108/IJLMA-07-2021-0183
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www.mdr.de www.mdr.de
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mdr.de. (n.d.). Wie sich die Zivilgesellschaft in Mitteldeutschland zunehmend gegen die Corona-Proteste stemmt | MDR.DE. Retrieved January 16, 2022, from https://www.mdr.de/nachrichten/deutschland/gesellschaft/corona-proteste-zivilgesellschaft-sachsen-anhalt-thueringen-100.html
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- Dec 2021
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en.wikipedia.org en.wikipedia.org
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The denial of native parental rights was finally legalized in 1891 and led to the mass forced removal of native children.[32] It wasn't until the 1976 Indian Child Welfare Act that the forceful removal of native children from their parents ended.
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twitter.com twitter.com
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Progressive International. (2021, November 29). BREAKING: 2.5 million nurses from 28 countries have filed for a UN investigation of human rights violations by the EU, UK, Switzerland, Norway, and Singapore for blocking the waiver on Covid-19 vaccine patents as new strains proliferate: Http://covid19criminals.exposed https://t.co/Rj37RqDA4J [Tweet]. @ProgIntl. https://twitter.com/ProgIntl/status/1465202919687348227
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- Nov 2021
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www.theguardian.com www.theguardian.com
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Otte, J. (2021, November 11). ‘No jab, no job’: Care home workers in England on the Covid vaccine mandate. The Guardian. https://www.theguardian.com/society/2021/nov/11/england-care-home-workers-on-mandatory-covid-vaccines
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arxiv.org arxiv.org
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Just because a dataset is publicly available doesn't mean that you can use it to build commercial AI software.
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- Oct 2021
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variety.com variety.com
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citapress.org citapress.org
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archive.nytimes.com archive.nytimes.com
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Employees were ‘free’ to negotiate a work contract to their liking within the context of accepting the ‘prerogatives’ of managers to organised and remunerate their efforts as they saw fit (Fox, 1974).
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- Sep 2021
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pluralistic.net pluralistic.net
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Steven Brust's (quoted in my novel Walkaway): "Ask what's more important, human rights or property rights. If they say 'property rights ARE human rights' they're on the right." https://craphound.com/category/walkaway/
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www.canlii.org www.canlii.org
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2015, c. 3, s. 110
Miscellaneous Statute Law Amendment Act, 2014, SC 2015, c 3, https://canlii.ca/t/52m35, s. 110, amends IRPA s. 63(2) and (3) to read:
Right to appeal — visa and removal order
(2) A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision to make a removal order against them made under subsection 44(2) or made at an admissibility hearing.
Right to appeal removal order
(3) A permanent resident or a protected person may appeal to the Immigration Appeal Division against a decision to make a removal order against them made under subsection 44(2) or made at an admissibility hearing.
Previously they had read:
Right to appeal — visa and removal order
(2) A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision at an examination or admissibility hearing to make a removal order against them.
Right to appeal — removal order
(3) A permanent resident or a protected person may appeal to the Immigration Appeal Division against a decision at an examination or admissibility hearing to make a removal order against them.
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- Jul 2021
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thereboot.com thereboot.com
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The point of a pluralistic society, however, isn’t to find a single, absolute, dogmatic ideal. It is rather to discover ways of coexisting productively, despite and perhaps even in celebration of our differences.
Very good point. Should look for plurality in ideals.
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- Jun 2021
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www.rnz.co.nz www.rnz.co.nz
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Defence Force service members told to get vaccinated or face being fired. (2021, April 23). RNZ. https://www.rnz.co.nz/news/national/441066/defence-force-service-members-told-to-get-vaccinated-or-face-being-fired
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www.theguardian.com www.theguardian.com
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Covid-status certificate scheme could be unlawful discrimination, says EHRC | Coronavirus | The Guardian. (n.d.). Retrieved June 18, 2021, from https://www.theguardian.com/world/2021/apr/14/covid-status-certificates-may-cause-unlawful-discrimination-warns-ehrc?CMP=Share_iOSApp_Other
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- May 2021
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today.law.harvard.edu today.law.harvard.edu
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Staff, Jeff Neal/HLS News, May 4, and 2021. ‘Waiving COVID Vaccine Patent Rights? It’s Complicated’. Harvard Law Today. Accessed 11 May 2021. https://today.law.harvard.edu/waiving-covid-vaccine-patent-rights-its-complicated/.
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papers.ssrn.com papers.ssrn.com
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Quintana, F.-J., & Uriburu, J. (2020). Modest International Law: COVID-19, International Legal Responses, and Depoliticization (SSRN Scholarly Paper ID 3659460). Social Science Research Network. https://papers.ssrn.com/abstract=3659460
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- Apr 2021
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www.nbcnews.com www.nbcnews.com
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s. “We don’t have to prove a racially discriminatory impact to win.”A federal judge agreed with Husted, ruling that Ohio did not violate the law because voters were purged for a variety of reasons. The case has since been appealed to the 6th Circuit U.S. Court of Appeals, which heard oral arguments in late July and has not yet ruled.When Hamilton County, Ohio, where Cincinnati is the county seat, removed 75,000 voters this year, nearly half, and in some neighborhoods far more, were purged because of “non
Ohio, you are disgusting. Don't you goddam treat my fellow Americans like that
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- Feb 2021
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publicstack.net publicstack.net
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psyarxiv.com psyarxiv.com
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Rockowitz, S., Stevens, L., Colloff, M., Smith, L., Rockey, J., Ritchie, J., Kanja, W., Cotton, J., & Flowe, H. D. (2020). Patterns of Violence Against Adults and Children During the COVID-19 Pandemic in Kenya. PsyArXiv. https://doi.org/10.31234/osf.io/265nq
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psyarxiv.com psyarxiv.com
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O’Dwyer, E. J., Beascoechea-Seguí, N., & Souza, L. S. (2020). Rehearsing post-Covid-19 citizenship: Social representations and social practices in UK mutual aid groups. PsyArXiv. https://doi.org/10.31234/osf.io/v84mr
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cherrycreekschools.instructure.com cherrycreekschools.instructure.com
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I feel like schools should read this book in order to acknowledge how badly African Americans were being treated even after fighting for America.
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www.stm-assoc.org www.stm-assoc.org
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Emerald
https://www.emeraldgrouppublishing.com/products/open-research-emerald/our-open-research-policies
Emerald already has progressive green open access / self archiving policies which allow immediate open access for the authors accepted manuscript (AAM) under a creative commons attribution non-commercial license (CC BY-NC). This demonstrates that Emerald cannot agree with much of the statement they are signing. Note, Plan S ask for CC BY or CC BY-ND is permissible under Plan S by exception. The funders' request for a more permissive CC BY license is all I can identify as a potential problem, but there are no specific concerns raised in the statement.
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Wiley
Similar to CUP and IOP, Sage, and Springer Nature, many UK institutions have signed a contract to fund Wiley's publishing activities for four more years as a result of Plan S, regardless of how many authors accepted manuscripts (AAM) are openly available in repositories. This fact undermines the arguments made above by the STM Association about the rights retention strategy (RRS) undermining financial sustainability.
Furthermore, the financial credit cap for the Wiley deal is operationally low, resulting in additional expenditure for institutions at the end of the calendar year when open access support funds are running low. This additional cost is not sustainable for many institutions and unintentionally creates inequitable access to no-additional-cost publishing.
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Springer Nature
UK institutions have been through several terms of the Springer Compact deal and continue to negotiate amendments and additional terms with added expense. The Springer Compact deal delivers no-additional-cost publishing for an upfront commitment of funds by institutions. Regardless of how many authors accepted manuscripts (AAM) are openly available in repositories institutions continue to support Springer Nature's publishing activities. This fact undermines the arguments made above by the STM Association about the rights retention strategy (RRS) undermining financial sustainability.
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SAGE Publishing
Similar to CUP and IOP, many UK institutions have signed a contract to fund Sage's publishing activities for three years as a result of Plan S, regardless of how many authors accepted manuscripts (AAM) are openly available in repositories. This fact undermines the arguments made above by the STM Association about the rights retention strategy (RRS) undermining financial sustainability.
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IOP Publishing
Similar to CUP, some UK institutions have signed a contract to fund IOP's publishing activities for four years as a result of Plan S, regardless of how many authors accepted manuscripts (AAM) are openly available in repositories. This fact undermines the arguments made above by the STM Association about the rights retention strategy (RRS) undermining financial sustainability.
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Cambridge University Press
Many UK institutions have signed a contract to fund CUP's publishing activities for four years as a result of Plan S, regardless of how many authors accepted manuscripts (AAM) are openly available in repositories. This fact undermines the arguments made above by the STM Association about the rights retention strategy (RRS) undermining financial sustainability.
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ensure that the vital process of verification and trust in science is maintained to a high standard
This conclusion is focusing on the statements above, which I personally do not consider to be accurate.
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what is allowed
What is allowed = what is legal (i.e. copyright law) and what the journal is willing to publish or reject. If authors are told they should consult the journal and the only response is the journal's own policy, assuming it contradicts the right retention strategy (RRS), the Publisher/Editor/Production Editor will be misinforming the author and denying them their legal rights.
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to be sustainable this is a decision that needs to be applied at the level of individual journals, not through blanket policies
It's my interpretation that the funders agree which is why Wellcome Trust wrote to publishers asking if they would change their policies to reflect the rights retention strategy.
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undermine the integrity of the Version of Record, which is the foundation of the scientific record, and its associated codified mechanisms for corrections, retractions and data disclosure.
This misrepresents the situation. Authors accepted manuscripts (AAM) have been shared on institutional and subject repositories for around two decades, with greater prevalence in the last decade. Despite this the version of record (VoR) is still valued and preserves the integrity of the scholarly record. The integrity of the VoR continues to be maintained by the publisher and where well-run repository management are made aware, corrections can be reflected in a repository. The solution to this problem is the publisher taking their responsibility to preserving the integrity of the scholarly record seriously and notifying repositories, not asserting that authors should not exercise their right to apply a prior license to their AAM.
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the Rights Retention Strategy is not financially sustainable
So far as I know this is not tested or based on any evidence. If the publishers think an open accepted manuscript would undermine the version of record, it doesn't demonstrate much confidence in their added value to me.
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eliminates the ability to charge for the services that publishers provide
This is an inaccurate statement or at the very least misrepresents the situation. Despite the Rights Retention Strategy (RRS), publisher may - and many do - continue to charge page charges, over-run charges, colour charges, submission fees, society fees, etc. to the author. The author may also choose to pay an open access article processing charge (APC), without using their funder's money. Furthermore, the RRS does not eliminate the publisher charging subscription fees, licensing fees for the reproduction of content (e.g. figure resue), access to meta-content, docdel etc. or, indeed, individual access to the version of record (VoR) where a reader has identified a need to see the VoR after seeing the authors accepted manuscript (AAM)
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free
Repository based open access is not free. Institutions and other organisations have invested significant resources into the development, maintenance, management and quality assurance of repositories and their content. This would not be necessary if academic journals publishing was more equitable, transparent and sustainable.
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work against the shared objective of a more open and equitable scholarly ecosystem
Again, it is not at all clear what is meant by this statement. Equity in academia is an incredibly important goal. This statement currently reads like unsubstantiated rhetoric. Libraries, Institutions and funders have found that the unintended consequences of deficient deals with publishers supported by their funds can include inequitable access to no-additional-cost publishing. However, the intention of the Rights Retention Strategy (RRS) is to arm all authors with detailed knowledge of their rights to ensure they have the same minimum opportunity to widely disseminate their work. Furthermore, by providing a version of an output with a CC BY license there is greater equity around accessing the research and therefore greater opportunity to build on it for public benefit, making a more equitable environment for all. The version of record (VoR) remains important in this scenario, so more equitable access should not undermine the sustainability of journals and platforms which are valued.
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The Rights Retention Strategy ignores long-standing academic freedoms
It’s not entirely clear what is meant by this statement. This is incredibly inflammatory rhetoric for most academics who take academic freedom very seriously - for very good reasons. However, the academic has the freedom not to accept a grant if they fundamentally disagree with the funder’s desired approach to effective dissemination of the research they support. Furthermore, the rights retention strategy (RRS) is in place to give the authors more freedom of choice over what happens to the version of record (VoR). Because of the RRS, the author can submit to the most appropriate journal for the research regardless of whether it explicitly provides a compliant route to publication (assuming the journal takes the submission forwards) or whether or not the author can access funds to pay a publication charge (APC) in a hybrid subscription journal.
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The Rights Retention Strategy provides a challenge to the vital income that is necessary to fund the resources, time, and effort to provide not only the many checks, corrections, and editorial inputs required but also the management and support of a rigorous peer review process
This is an untested statement and does not take into account the perspectives of those contributing to the publishers' revenue. The Rights Retention Strategy (RRS) relies on the author's accepted manuscript (AAM) and for an AAM to exist and to have the added value from peer-review a Version of Record (VoR) must exist. Libraries recognise this fundamental principle and continue to subscribe to individual journals of merit and support lucrative deals with publishers. From some (not all) librarians' and possibly funders' perspectives these statements could undermine any mutual respect.
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However, we are unable to support one route to compliance offered by Plan S,
The publishers below will not support the Plan S rights retention strategy (RRS). In its simplest form the RRS re-asserts the authors' rights as the rights holder to assign a copyright license of their choice (CC BY informed by their funding agency) to all versions of their research/intellectual output. In the case of the RRS states that the author should apply a CC BY license to their accepted manuscript (AAM) if they cannot afford to pay article processing charges or choose not to apply a CC BY license to the Version of Record (VoR), which they are free to do. Therefore, this statement is either saying the undersigned will not carry publications forward to publication (most appropriate approach), or they will not support the same copyright laws which fundamentally protects their rights and revenue after a copyright transfer agreement is signed by the rightsholder.
Academy of Dental Materials
Acoustical Society of America
AIP Publishing
American Academy of Ophthalmology
American Association for Pediatric Ophthalmology and Strabismus
American Chemical Society
American Gastroenterological Association American Institute of Aeronautics and Astronautics
American Medical Association
American Physical Society
American Society for Investigative Pathology
American Society for Radiation Oncology
American Society of Civil Engineers
American Society of Hematology
American Society of Clinical Oncology
American Association of Physicists in Medicine
American Association of Physics Teachers
AVS – The Society for Science and Technology of Materials, Interfaces, and Processing
Brill
British Journal of Anaesthesia
Budrich Academic Press
Cambridge Media
Cambridge University Press
Canadian Cardiovascular Society
De Gruyter
Duncker & Humblot
Elsevier
Emerald
Erich Schmidt Verlag
French Society of Biochemistry and Molecular Biology
Frommann-Holzboog Verlag
Future Science Group
Hogrefe
International Association for Gondwana Research
IOP Publishing
Journal of Nursing Regulation
Journal of Orthopaedic & Sports Physical Therapy (JOSPT).
Julius Klinkhardt KG
La Découverte
Laser Institute America
Materials Research Forum LLC
The Optical Society (OSA)
Pearson Benelux
SAGE Publishing
Society of Rheology
Springer Nature
Taylor & Francis Group
The Geological Society of America
Thieme Group
Uitgeverij Verloren
Verlag Barbara Budrich
Vittorio Klostermann
wbv Media
Wiley
Wolters Kluwer
Tags
- Repository
- VoR
- Choice
- Law
- Sustainability
- Creative Commons
- Publishers
- Expense
- RRS
- Integrity
- Copy Editing
- Academic Freedom
- Relationship
- Accepted Manuscript
- Finances
- Licenses
- Income
- Equity
- Plan S
- Scholarly Record
- Version of Record
- Services
- AAM
- Policies
- Peer-review
- Funders
- Transformative agreement
- Investment
- opinion
- EDI
- CC BY
- Copyright
- Revenue
- Editorial
- Typesetting
- Rights retention strategy
- Attribution
- Rhetoric
- Rightsholder
- Remuneration
Annotators
URL
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- Nov 2020
- Oct 2020
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www.dn.se www.dn.se
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Antalet premiumprenumeranter som står för hälften av Spotifys intäkter steg med 27 procent till 144 miljoner jämfört med samma period föregående år. Det var fler än analytiker förväntat sig (142,5 miljoner) enligt Refinitivs sammanställning.
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www.core-econ.org www.core-econ.org
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James Bronterre O’Brien, told the people:‘Knaves will tell you that it is because you have no property, you are unrepresented. I tell you on the contrary, it is because you are unrepresented that you have no property …’16
great quote
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bookbook.pubpub.org bookbook.pubpub.org
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he group has become self-described “dignity scholars” who have studied the notions and criteria of dignity in landmark legal cases. In doing so, R2L has used Hypothesis as their “human rights tool” to examine legal evidence and build an argument for legislative change.
Hypothes.is as a human rights tool! awesome!
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Annotators
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inst-fs-iad-prod.inscloudgate.net inst-fs-iad-prod.inscloudgate.net
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They also found themselves unable to sustain and organize in the long term in a manner proportional to the energy they had been able to attract initially and the legitimacy they enjoyed in their demands.
This reminds me of an excellent example I heard recently on Scene on Radio's Men series which tells the story of a rape which occurred several years prior to the bus boycott that helped to rally the community and make the bus boycott far more successful than it would have been without the prior incident and local reportage.
The relevant audio begins (with some background) at approximately 22:40 into the episode.
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www.patreon.com www.patreon.com
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Mutual aid societies were built on the razed foundations of the old guilds, and cooperatives and mass political parties then drew on the experience of the mutual aid societies."
This reminds me of the beginning of the Civil Rights movement that grew out of the civic glue that arose out of prior work relating to rape cases several years prior.
I recall Zeynep Tufekci writing a bit about some of these tangential ideas in some of her social network writing. (Where's the link to that?)
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sp.lyellcollection.org sp.lyellcollection.org
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Cerase, A. (2020). From “good” intuitions to principled practices and beyond: Ethical issues in risk communication. Geological Society, London, Special Publications, 508. https://doi.org/10.1144/SP508-2020-104
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- Sep 2020
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www.youtube.com www.youtube.com
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Petrie-Flom Center
COVID-19 and the Politics of Reproductive Health: Global Perspectives. (2020, August 18). https://www.youtube.com/watch?v=Kex9O_cwMwo
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www.buzzfeednews.com www.buzzfeednews.com
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Facebook ignored or was slow to act on evidence that fake accounts on its platform have been undermining elections and political affairs around the world, according to an explosive memo sent by a recently fired Facebook employee and obtained by BuzzFeed News.The 6,600-word memo, written by former Facebook data scientist Sophie Zhang, is filled with concrete examples of heads of government and political parties in Azerbaijan and Honduras using fake accounts or misrepresenting themselves to sway public opinion. In countries including India, Ukraine, Spain, Brazil, Bolivia, and Ecuador, she found evidence of coordinated campaigns of varying sizes to boost or hinder political candidates or outcomes, though she did not always conclude who was behind them.
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psyarxiv.com psyarxiv.com
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Antoniou, Rea, Heather Romero-Kornblum, J. Clayton Young, Michelle You, Joel Kramer, and Winston Chiong. ‘No Utilitarians in a Pandemic? Shifts in Moral Reasoning during the COVID-19 Global Health Crisis’, 21 September 2020. https://doi.org/10.31234/osf.io/yjn3u.
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www.independent.co.uk www.independent.co.uk
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‘7,000 Health Workers Have Died of Covid-19 around World, Amnesty Says’. Accessed 7 September 2020. https://www.independent.co.uk/news/world/coronavirus-amnesty-international-healthcare-worker-deaths-uk-usa-mexico-a9704266.html.
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today.law.harvard.edu today.law.harvard.edu
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Walters, D., June 30, & 2020. (n.d.). Human Rights in a Time of Populism and COVID-19. Harvard Law Today. Retrieved July 2, 2020, from https://today.law.harvard.edu/human-rights-in-a-time-of-populism-and-covid-19/
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- Aug 2020
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www.bmj.com www.bmj.com
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Thornton, J. (2020). Covid-19: Care homes in Belgium and Spain had “alarming living conditions,” says MSF report. BMJ, 370. https://doi.org/10.1136/bmj.m3271
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www.theregister.com www.theregister.com
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Facebook has apologized to its users and advertisers for being forced to respect people’s privacy in an upcoming update to Apple’s mobile operating system – and promised it will do its best to invade their privacy on other platforms.
Sometimes I forget how funny The Register can be. This is terrific.
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arstechnica.com arstechnica.com
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Facebook is warning developers that privacy changes in an upcoming iOS update will severely curtail its ability to track users' activity across the entire Internet and app ecosystem and prevent the social media platform from serving targeted ads to users inside other, non-Facebook apps on iPhones.
I fail to see anything bad about this.
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unix.meta.stackexchange.com unix.meta.stackexchange.com
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"When an OP rejects your edit, please do not edit it back in!" Correspondingly, when a user repeatedly does try to edit, understand that something in your framing isn't working right, and you should reconsider it.
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I honestly don't know what you find unclear about this question. I think you initially misread. I edited out your title change because it wasn't what I'd intended and it misled others. I edited in two more sections to clarify. The last section makes it as clear as I can: A single question provokes 1 of 3 responses (not necessarily answers). To chose between them I need to understand acceptable scope of both question and answers. Yes this topic is a muddy one, that's why I'm asking! I want others to help me clarify the unclear!
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- Jul 2020
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injury.findlaw.com injury.findlaw.com
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Defamation law walks a fine line between the right to freedom of speech and the right of a person to avoid defamation. On one hand, a reasonable person should have free speech to talk about their experiences in a truthful manner without fear of a lawsuit if they say something mean, but true, about someone else. On the other hand, people have a right to not have false statements made that will damage their reputation.
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Martin, G., Hanna, E., & Dingwall, R. (2020). Face masks for the public during Covid-19: An appeal for caution in policy [Preprint]. SocArXiv. https://doi.org/10.31235/osf.io/uyzxe
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www.youtube.com www.youtube.com
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Wikimedia Foundation. (2020, June 15). COVID-19 and human rights: How to share the facts on Wikipedia. Youtube. https://www.youtube.com/watch?v=kktZtDFhRho
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Why Most Advertisers Can’t Afford to Boycott Facebook. (2020, July 8). Pro Market. https://promarket.org/2020/07/08/why-most-advertisers-cant-afford-to-boycott-facebook/
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- Jun 2020
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thenextwavefutures.wordpress.com thenextwavefutures.wordpress.com
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projectlockdown.world projectlockdown.worldLockdown1
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Lockdown. (n.d.). Retrieved June 23, 2020, from https://projectlockdown.world/#0.56/0/-32.1
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theintercept.com theintercept.com
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One of the new tools debuted by Facebook allows administrators to remove and block certain trending topics among employees. The presentation discussed the “benefits” of “content control.” And it offered one example of a topic employers might find it useful to blacklist: the word “unionize.”
Imagine your employer looking over your shoulder constantly.
Imagine that you're surveilled not only in regard to what you produce, but to what you—if you're an office worker—tap our in chats to colleagues.
This is what Facebook does and it's not very different to what China has created with their Social Credit System.
This is Orwellian.
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niklasblog.com niklasblog.com
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Zoom, a Silicon Valley-based company, appears to own three companies in China through which at least 700 employees are paid to develop Zoom’s software. This arrangement is ostensibly an effort at labor arbitrage: Zoom can avoid paying US wages while selling to US customers, thus increasing their profit margin. However, this arrangement may make Zoom responsive to pressure from Chinese authorities.
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Annotators
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www.axios.com www.axios.com
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Zoom didn't do this to comply with local law.
They did this because they don't want to lose customers in China.
This is just capitalistic greed.
Shutting down activists over a dictatorship is wrong, and it is actually as simple as that.
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- May 2020
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www.thelancet.com www.thelancet.com
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The Lancet Public Health, May 2020, Volume 5, Issue 5, Pages e235-e296. https://www.thelancet.com/journals/lanpub/issue/current
Tags
- healthcare
- social distancing
- immigration
- publication
- lang:en
- Italy
- Spain
- article
- health literacy
- USA
- is:webpage
- Iran
- inequality
- death
- non-pharmaceutical
- COVID-19
- China
- France
- isolation
- modeling
- vulnerable groups
- alcohol
- public health
- elderly
- Europe
- disability
- school closure
- UK
- human rights
- impact
Annotators
URL
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www.theguardian.com www.theguardian.com
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Fraser, N., Neiman, S., Mouffe, C., Sassen, S., Müller, J.-W., Rodrik, D., Piketty, T., Zucman, G., Chang, H.-J., & others, and many. (2020, May 15). Humans are not resources. Coronavirus shows why we must democratise work | Thomas Piketty and others. The Guardian. https://www.theguardian.com/commentisfree/2020/may/15/humans-resources-coronavirus-democratise-work-health-lives-market
Tags
- COVID-19
- employee
- economy
- capitalism
- lang:en
- work
- health
- is:webpage
- human resource
- dignity
- democratization
- opinion
- business
- human rights
Annotators
URL
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theintercept.com theintercept.com
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theconversation.com theconversation.com
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Zocchi, B. (2020-04-30). What coronavirus looks like at the Bosnian-Croatian frontier for Europe’s unwanted migrants. The Conversation. http://theconversation.com/what-coronavirus-looks-like-at-the-bosnian-croatian-frontier-for-europes-unwanted-migrants-137226
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www.nytimes.com www.nytimes.com
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The Associated Press (2020, May 8). UN Chief Says Pandemic Is Unleashing a “Tsunami of Hate.” The New York Times. https://www.nytimes.com/aponline/2020/05/08/world/ap-un-virus-outbreak-hate-speech.html
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gdpr-info.eu gdpr-info.eu
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the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;
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www.kalypsomedia.com www.kalypsomedia.com
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The Right of Withdrawal expires, in the case of a contract for the delivery of digital content which is not stored on a tangible data storage medium, at the point of time when we have begun the performance of the contract after you have expressly agreed that we should commence the performance of the contract before expiry of the withdrawal period and have confirmed that you were aware that with your consent to the commencement of performance of the contract, you lose your right of withdrawal.
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www.npr.org www.npr.org
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"On the contrary, we take this step because our commitment does not allow us to remain a part of a hypocritical and self-serving organization that makes a mockery of human rights." The move comes as little surprise from an administration that frequently has lambasted the 47-member body for a gamut of perceived failures — particularly the dubious rights records of many of its member countries, as well as what Haley has repeatedly called the council's "chronic bias against Israel."
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www.avira.com www.avira.com
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www.thelancet.com www.thelancet.com
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Orcutt, M., Patel, P., Burns, R., Hiam, L., Aldridge, R., Devakumar, D., Kumar, B., Spiegel, P., & Abubakar, I. (2020). Global call to action for inclusion of migrants and refugees in the COVID-19 response. The Lancet, 0(0). https://doi.org/10.1016/S0140-6736(20)30971-5
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www.iubenda.com www.iubenda.com
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You don’t need to have any reason for exercising this right — you can simply change your mind
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Consumers located in the EU are also protected by a default legal 2 year guarantee on products purchased at no additional cost. Here again: 2-years is the statutory minimum
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EU consumer law applies to contracts or other legal relationships between consumers (on one side) and professionals, businesses, companies on the other (B2C). It does not apply to B2B (e.g. a supermarket places an order with its fruit supplier) or C2C relationships (e.g. I sell my old bike over eBay).
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In the US, there is no one national law in regards to returns/refunds for purchases made online as in most cases, this is implemented on a state-by-state basis, however, under several state-laws, if no refund or return notice was made visible to consumers before purchase, consumers are automatically granted extended return/refund rights. In cases where the item purchased is defective, an implied warranty may apply in lieu of a written warranty
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What's terrible and dangerous is a faceless organization deciding to arbitrarily and silently control what I can and can not do with my browser on my computer. Orwell is screaming in his grave right now. This is no different than Mozilla deciding I don't get to visit Tulsi Gabbard's webpage because they don't like her politics, or I don't get to order car parts off amazon because they don't like hyundai, or I don't get to download mods for minecraft, or talk to certain people on facebook.
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They don't have to host the extension on their website, but it's absolutely and utterly unacceptable for them to interfere with me choosing to come to github and install it.
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It's no less beyond the pale than when apple actively sabotaged people's devices to force them to upgrade or amazon deleted people's already bought and downloaded ebooks. It's completely unacceptable and frankly should fall under consumer rights laws.
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- Apr 2020
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www.cambridge.org www.cambridge.org
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Spadaro, A. (undefined/ed). COVID-19: TESTING THE LIMITS OF HUMAN RIGHTS. European Journal of Risk Regulation, 1–7. https://doi.org/10.1017/err.2020.27
Tags
- COVID-19
- intervention
- France
- democracy
- Trump
- law
- is:article
- lang:en
- Macron
- USA
- interference
- freedom
- human rights
- limit
Annotators
URL
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www.thelancet.com www.thelancet.com
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Nay, O. (2020). Can a virus undermine human rights? The Lancet Public Health, 0(0). https://doi.org/10.1016/S2468-2667(20)30092-X
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www.thelancet.com www.thelancet.com
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Hall, K. S., Samari, G., Garbers, S., Casey, S. E., Diallo, D. D., Orcutt, M., Moresky, R. T., Martinez, M. E., & McGovern, T. (2020). Centring sexual and reproductive health and justice in the global COVID-19 response. The Lancet, 395(10231), 1175–1177. https://doi.org/10.1016/S0140-6736(20)30801-1
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www.bmj.com www.bmj.com
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Changoiwala, P. (2020). The doctors navigating covid-19 with no internet. BMJ, m1417. https://doi.org/10.1136/bmj.m1417
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www.equallyours.org.uk www.equallyours.org.uk
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The equality and human rights impacts of Covid-19. (n.d.). Equally Ours. Retrieved April 17, 2020, from https://www.equallyours.org.uk/resources/the-equality-and-human-rights-impacts-of-covid-19/
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At Brown’s sentencing, Judge Lindsay was quoted as saying “What took place is not going to chill any 1st Amendment expression by Journalists.” But he was so wrong. Brown’s arrest and prosecution had a substantial chilling effect on journalism. Some journalists have simply stopped reporting on hacks from fear of retribution and others who still do are forced to employ extraordinary measures to protect themselves from prosecution.
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I could have released this data anonymously like everyone else does but why should I have to? I clearly have no criminal intent here. It is beyond all reason that any researcher, student, or journalist have to be afraid of law enforcement agencies that are supposed to be protecting us instead of trying to find ways to use the laws against us.
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This principle equally applies to the laws of our country; we should never violate basic rights even if the consequences aren’t immediately evident.
Tags
- don't turn innocent people into criminals (through bad laws)
- fear of prosecution/legal harassment
- a government for the people?
- freedom of speech
- absurd
- erosion of rights
- unfortunate policies/laws
- intent to commit/facilitate a crime
- basic rights
- good intentions
- journalist rights
- freedom
- researcher rights
- digital rights
- laws/law enforcement agencies are supposed to be protecting us
- chilling effect
Annotators
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www.ipwatchdog.com www.ipwatchdog.com
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The patent right is but the right to exclude others, the very definition of “property.” That the property right represented by a patent, like other property rights, may be used in a scheme violative of antitrust laws creates no “conflict” between laws establishing any of those property rights and the antitrust laws.
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blog.zoom.us blog.zoom.us
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Thousands of enterprises around the world have done exhaustive security reviews of our user, network, and data center layers and confidently selected Zoom for complete deployment.
This doesn't really account for the fact that Zoom have committed some atrociously heinous acts, such as (and not limited to):
- Abuse how installation works on macOS
- Claiming to support end-to-end encryption while not doing that and then, shadily inventing a nomenclature that steers away from standards
- Sending your data to Facebook even if you don't have a Facebook account and hiding this practice from their privacy policy
- Installing a web server on your Mac that Apple had to build a tool to erase
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- Mar 2020
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matomo.org matomo.org
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Something else that will never change is the right to freely self-host Matomo On-Premise; this way you can always host Matomo Analytics on your own servers without having to pay for it.
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GDPR introduces a list of data subjects’ rights that should be obeyed by both data processors and data collectors. The list includes: Right of access by the data subject (Section 2, Article 15). Right to rectification (Section 3, Art 16). Right to object to processing (Section 4, Art 21). Right to erasure, also known as ‘right to be forgotten’ (Section 3, Art 17). Right to restrict processing (Section 3, Art 18). Right to data portability (Section 3, Art 20).
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www.ncbi.nlm.nih.gov www.ncbi.nlm.nih.gov
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The main forces that restricted public health police powers were: (1) the advent of civil rights jurisprudence; (2) the rise of patient autonomy and the rapid expansion of state personal health services expenditures; and (3) federal encroachment on state authority.
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techcrunch.com techcrunch.com
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multiple scandals have highlighted some very shady practices being enabled by consent-less data-mining — making both the risks and the erosion of users’ rights clear
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Earlier this year it began asking Europeans for consent to processing their selfies for facial recognition purposes — a highly controversial technology that regulatory intervention in the region had previously blocked. Yet now, as a consequence of Facebook’s confidence in crafting manipulative consent flows, it’s essentially figured out a way to circumvent EU citizens’ fundamental rights — by socially engineering Europeans to override their own best interests.
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www.courdecassation.fr www.courdecassation.fr
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The French Court of Cassation has decided to reclassify the contractual relationship between Uber and a driver as an employment contract.
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www.vox.com www.vox.com
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Right now, if you want to know what data Facebook has about you, you don’t have the right to ask them to give you all of the data they have on you, and the right to know what they’ve done with it. You should have that right. You should have the right to know and have access to your data.
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- Feb 2020
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www.bbc.com www.bbc.com
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To add insult to injury I learn that when Cloudflare automatically detects an anomaly with your domain they permanently delete all DNS records. Mine won't be difficult to restore, but I'm not sure why this is necessary. Surely it would be possible for Cloudflare to mark a domain as disabled without irrevocably deleting it? Combined with the hacky audit log, I'm left with the opinion that for some reason Cloudflare decided to completely half-ass the part of their system that is responsible for deleting everything that matters to a user.
...and this is why some companies should not grow to become too big for the good of their customers.
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journals.sagepub.com journals.sagepub.com
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Research ethics concerns issues, such as privacy, anonymity, informed consent and the sensitivity of data. Given that social media is part of society’s tendency to liquefy and blur the boundaries between the private and the public, labour/leisure, production/consumption (Fuchs, 2015a: Chapter 8), research ethics in social media research is par-ticularly complex.
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- Jan 2020
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www.hrw.org www.hrw.org
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Damage to water sources that residents attribute to mining, as well as increased demand due to population migration to mining sites, reduces communities’ access to water for drinking, washing and cooking. Women, who are primarily responsible for fetching water, are forced to walk longer distances or wait for long periods to obtain water from alternative sources. The dust produced by bauxite mining and transport smothers fields and enters homes, leaving families and health workers worried that reduced air quality threatens their health and environment.
Mining is contaminating our water sources and water is one of the most important things for survival.
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- Dec 2019
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www.usa.gov www.usa.gov
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susam.in susam.in
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Despite the successful resolution, it was still quite unsettling that a domain name could be transferred to another registrant and sinkholed for some perceived violation. I thought there would be more checks in place to confirm that a perceived violation was real before a domain could be transferred.
This is highly unsettling. A person, organisation, country, or company should not be able to have a domain name transferred from its rightful owner this easily.
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- Nov 2019
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www.encryptallthethings.net www.encryptallthethings.net
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thereader.mitpress.mit.edu thereader.mitpress.mit.edu
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If the apparatus of total surveillance that we have described here were deliberate, centralized, and explicit, a Big Brother machine toggling between cameras, it would demand revolt, and we could conceive of a life outside the totalitarian microscope.
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- Oct 2019
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therivardreport.com therivardreport.com
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www.expressnews.com www.expressnews.com
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outline.com outline.com
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A former union boss jailed over receiving a coal exploration licence from his friend, former NSW Labor minister Ian Macdonald, was an "entrepreneur" who found a "willing buyer" in the disgraced politician, a court has heard.
This is a flawed proposition and both misleading and deceptive in relation to the subject matter, considering its prominence in a court media report of proceedings which largely centre on the propriety or otherwise of an approvals process.
Using a market analogy mischaracterises the process involved in seeking and gaining approval for a proposal based on an innovative occupational health and safety concept.
In this case, the Minister was the appropriate authority under the relevant NSW laws.
And while Mr Maitland could indeed be described as a "entrepreneur", the phrase "willing buyer" taken literally in the context of the process to which he was constrained, could contaminate the reader's perception of the process as transactional or necessitating exchange of funds a conventional buyer and seller relationship.
Based on evidence already tendered in open court, it's already known Mr Maitland sought both legal advice on the applicable process as well as guidance by officials and other representatives with whom he necessarily engaged.
But the concept of finding a "willing buyer", taken literally at it's most extreme, could suggest Mr Maitland was presented with multiple approvals processes and to ultimately reach his goal, engaged in a market force-style comparative assessment of the conditions attached to each of these processes to ultimately decide on which approvals process to pursue.
Plainly, this was not the case. Mr Maitland had sought advice on the process and proceeded accordingly.
The only exception that could exist in relation to the availability of alternative processes could be a situation silimilar to the handling of unsolicited proposals by former Premier Barry O'Farrell over casino licenses which were not constrained by any of the regular transparency-related requirements including community engagement, notification or competitive tender.
Again, this situation does not and could not apply to the process applicable to Mr Maitland's proposal.
The misleading concepts introduced from the outset in this article also represent an aggravating feature of the injustice to which Mr Maitland has been subjected.
To be found criminally culpable in a matter involving actions undertaken in an honest belief they were required in a process for which Mr Maitland both sought advice process and then at no stage was told anything that would suggest his understanding of the process was incorrect, contradicts fundamental principles of natural justice.
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- Sep 2019
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Local file Local file
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Recommendation to increase staffing cap
Increased staffing cap to enable NDIA Delegates time to get Plans correct initially
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- Aug 2019
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doc-0k-c0-docs.googleusercontent.com doc-0k-c0-docs.googleusercontent.com
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The Bill of Rights lists a number of personal freedoms that the government cannot infringe upon,
I agree, because in the Bill of Rights it does not state anywhere anything about health care just The American Rights.
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primarydocuments.ca primarydocuments.ca
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Section 2 then begins the real ball game, namely everyone has the following fundamental freedom. The one difficulty we had, as a committee, is with Section 2(b). What do we do with freedom of thought when you have got legislation dealing with have propaganda? How far is it possible to retain such articles as Section 281(1) of the Criminal Code and Section 281(2)? Moreover, you will see we have quoted from Article 20 of the United National Covenant of Civil and Political Rights where propaganda of this kind is regarded as inconsistent with freedom of speech. [Page 87] So we raised the question which seemed to me to be necessary to raise with you, that caution must be exercised, we hope, by the courts in due course, or by you, as draftsmen on how far you are prepared to push the concept of free speech consistent with our experience of hate propaganda. One suggestion we make here-and I do not wish to do anything more than to drop it as a hint, but you may want to have some language that some of the modern constitutions have, which state very starkly and flatly that the advocacy of genocide or group libel is forbidden. But I had the honour to be the chairman of the special committee on hate propaganda in 1965. At that time we came to the flat conclusion that the advocacy of group hatred and genocide was totally inconsistent with the democratic process and no democratic state could tolerate it. Now, whether you want to put that flatly in a constitution is for you to consider; but I think it is for us to bring it to your attention, because it is of importance.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 132.
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This Committee did not have a parochial view; this Committee does not pretend that the human rights question belongs to any sector of the Canadian people. It belongs to them all. But, peculiarly enough, there are two or three areas where the Jewish interest happens to be special, and in some cases very sensitive. One is the problem of war criminals, and how that relates to certain protections offered by a charter of rights in the criminal law field. Another is the problem of free speech, and how far that affects such things as hate propaganda
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 131-132.
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primarydocuments.ca primarydocuments.ca
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We want to make it very clear, first of all, that in principle we support the entrenchment of a bill of rights in the constitution. We want to see the constitution patriated to Canada and we want to see in that constitution an entrenched bill of rights. However, we do have some concerns. We are not altogether happy with all of the bill of rights. in that connection we are, I suppose, in somewhat the same situation as a number of other groups who have appeared before you. For example, we feel that some of the statements are too vague. Having been a part of the preparation of the brief of the Canadian Civil Liberties Association, I can say that I, personally, share some of the concerns that they have in terms of the vagueness of some of the language, and I speak particularly of such words as “fundamental freedoms”, and those kinds of things in which we talk about “natural rights”, et cetera. We would like to see some of these things spelled out. On the question, for example, of freedom of speech, we believe very strongly in freedom of speech, while at the same time, of course, being against censorship. But we would like to see freedom of speech limited only in certain specific ways. In the brief we have indicated, for example, that to a large extent we believe in the doctrine of clear and present danger. We think that freedom of speech should be curtailed where the danger is clear. For example, we have no right to go into a crowded theatre and shout “Fire!” resulting in people being trampled to death as a result of fleeing from a fire which is nonexistent and where there is no danger at all. In a situation like that, obviously, we do not have absolute freedom. But we think this needs to be spelled out a lot more clearly than it is today.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 131.
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primarydocuments.ca primarydocuments.ca
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I would like to ask you if you have considered, Ms. Hardy, the notion of freedom of the press as an individual right or collective right? Ms. Hardy: It could be considered both because if you speak of freedom of the press for a newspaper, it includes the whole role of a newspaper in a community as well as the role of an individual reporter or columnist, so that I really feel that there would be no point in having freedom of the press for an individual if you did not have it for the publication for which the individual happened to be working, either perhaps in the electronic media or in the print media. So I would prefer to have it refer to both an individual and collective group. Senator Lapointe: Do you think that editors of papers or radio stations would have to come here also to express their opinion on freedom of the press? Ms. Hardy: We would include them as responsible leaders, presumably in the community, and the value of having responsible leadership is very noticeable now that the Royal Commission on Newspapers is sitting and I think that you have to have the leadership in order to develop followers and principles.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 130.
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www.bloomberg.com www.bloomberg.com
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Last March, ProPublica published an extensive investigation that found IBM had fired an estimated 20,000 U.S. employees ages 40 or older in the past five years.
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The company started firing older workers and replacing them with millennials, who IBM’s consulting department said “are generally much more innovative and receptive to technology than baby boomers.”
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International Business Machines Corp. has fired as many as 100,000 employees in the last few years in an effort to boost its appeal to millennials and make it appear to be as “cool” and “trendy” as Amazon and Google, according to a deposition from a former vice president in an ongoing age discrimination lawsuit.
IBM has a long history of working against humanity, e.g. when colluding with the Nazis.
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- Jul 2019
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primarydocuments.ca primarydocuments.ca
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I want to refer you to Section 2 of the resolution which is a Section on fundamental freedoms. It says: Everyone has the following fundamental freedoms: (a) freedom of conscience and religion, (b) freedom of thought, belief, opinion expression, including freedom of the press and other media of information What I want to ask you is, how do you think the word “everyone” would be interpreted as it pertains to everyone has the following freedoms, the freedom of the press, freedom of other media of information. I want to take you back in this country about four of five years when the government across the way introduced legislation, which I supported, concerning Time magazine and Reader’s Digest, to try and Canadianize the magazine industry in this country. I am wondering whether or not if we were to enshrine Section 2 in the constitution as written, Time magazine or Reader’s Digest could have gone to the courts and said: “We have a consitutional right in this country of freedom of expression and freedom of the press and freedom of information, freedom of the media; therefore, the government of Canada [Page 12] and the Parliament of Canada do not have the right to legislate restrictively against our two organizations.” Could it be interpreted in that way? Ms. Crandall: Mr. Nystrom, I think that is the kind of question which an expert should be asked to answer. This is what we are saying now, We have not had an opportunity to look at all sides of these questions to give you any kind of an answer. Again, I am not trying to be difficult. But that is one of the questions which we would like to ask someone who is knowledgeable. Mr. Nystrom: I appreciate the answer. The reason why I ask the question is that the words “everyone” and “citizens of Canada” are used throughout the resolution. I am not a lawyer myself, but it would seem to imply that these could be given a fairly wide interpretation, and I am concerned that we might have in a constitution something that is restrictive where we could not increase Canadian content. Let me ask you the same question again about the electronic media. There is growing concern that we Canadianize radio, television—and the CRTC is concerned about this, about television programs coming in from the United States. There is talk now about a second CBC network in this country. Again, I want to ask you a similar question pertaining to the electronic media. If everybody has the freedom of expression and freedom of the press and other media of information, in your opinion, or perhaps in the opinion of your colleague, do you think we would be able to do this as a Parliament, where the constitution says we are denying a fundamental right to everyone, perhaps NBC, New York, or ABC somewhere in the United States? Ms. Hardy: I think, Mr. Nystrom, that it is very important. I have served abroad for Canada in the Department of External Affairs, in the public affairs field, and I feel that it is very important that we develop a Canadian culture, that we develop an interest in things Canadian and a pride, and I grant that there are very good programs produced by the electronic media of other countries but I think we should be proud of our own heritage and be proud of what we can do. I have just been at a briefing on plans for CBC 2, Tele Deux, and I am very pleased that this is what may be coming along shortly and I would hope that we would not refuse all foreign media offers to assist us in our cultural development, but I think we should certainly give ourselves the chance to be first in the field and to welcome the opportunity and the pride in our own country and in what we can develop ourselves. This is a continuing subject of interest financially as well as culturally, naturally, and I would hope that the media club, which now covers the electronic media representatives as well as the press, would be in the forefront of assisting in developments if possible. Thank you. [Page 13] Mr. Nystrom: I wonder if you could possibly, if you have time to do a written brief to the Committee, to try and seek some advice on those questions, because I agree fully with you that we have to develop a Canadian culture and of course we need some input from other countries around the world because we are part of the global village, we have to have a Canadian identity and it is very important, and I would be very concerned if the way Section 2 is written that perhaps we could be denied through our constitution the right to develop fully the Canadian culture and pehaps you could look at that. I also wanted to ask your interpretation of a couple of other words in Section 2. I wanted to ask you what you think the interpretation in your opinion would be of other media of information. We have singled out here freedom of belief, opinion, expression, including the freedom of the press. I know what the press is, I think, but what would be the interpretation legally, in your opinion, of other media of information, what would that include? Ms. Hardy: I would expect that that would include the electronic journalism. The press is usually referred to as print media. Media is a very broad term that has had to be used because you cannot just refer to the press now because it covers a number of other representatives who inform, through one source or another, and I think the electronic media has an important place now in our culture because communications in this country is an aspect of helping unify the country, I think, by letting us get to know each other, not only through print but through electronic means.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 128-130.
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Thank you, Mr. Joint Chairman, for giving the Media Club the opportunity to before this Special Joint Committee. As you will see from our submission, Media Club is concerned with the profession, therefore concern of members is with the proposed entrenchment in a charter of rights and freedoms of a new Canadian constitution, freedom of the press.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 128.
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Mr. Hawkes: There is another conundrum inside your brief, and in contrast to the testimony we had the other day, They wanted to protect the rights of the fetus, your brief clearly says to us: protect the rights of the woman. There is another group involved in the abortion issue and that is medical personnel. Does your association have a position on their right to refuse to participate in any medical procedure, including the procedure of abortion? Dr. Waters: As far as I know, I am just trying to search my memory now, I think the Canadian Medical Association does have a clause in its Code of Ethics that allows physicians to withhold these services in terms of abortion. I do not think any physician can be expected to perform any act that he finds repugnant, and I am quite sure that, again, I am speaking from memory, that the Canadian Medical Association does respect that. Ms. Pelrine: That clause, however, goes on to say that should the physician, because of personal, moral, religious or ethical beliefs, be unable to perform a particular procedure, he or she is obligated to so inform the patient and to refer the patient to another physician who will perform the procedure. I am certainly prepared to accept that Code of the Canadian Medical Association. Mr. Hawkes: Would the freedom of conscience, which is also contained in this charter, be relevant to that issue? Mr. Kellermann: I think that a doctor might argue that he did not want to perform a particular operation or medical treatment of some kind on the basis of freedom of conscience, but that is fine, I do not think that in any way contradicts the position of CARAL, CARAL’s concern is that there be doctors available for the women who want to choose to have an abortion, and as long as that is guaranteed we are not in any way interested in forcing other doctors to involve themselves in that process. They just do not want other doctors standing in the way of women having that right. Ms. Pelrine: And who indeed would want to submit to any medical procedure performed by an unwilling physician?
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 125-126.
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primarydocuments.ca primarydocuments.ca
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In Section 2(b). that section gives the impression that the freedom of the press and the media is an individual right. Well, in fact, as we have already pointed out in our report, the freedom of the press is merely a mode by which the general freedom of expression is exercised, it is not a right of an individual as such.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 128.
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primarydocuments.ca primarydocuments.ca
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Senator Austin: Under section 2, where you see Subparagraph (b), reference to freedom of thought, including freedom of the press and other media of information, Minister, is it the intention to in any way enlarge the present rights as they are so indistinctly understood of the press and other media in Canada? Is it, for example, now open to argue as to protection of sources in the hands of journalists and press and electronic media people? [Page 79] Mr. Chrétien: I do not know how the Court will interpret that, but we are dealing here, we are formalizing the guarantee that exists traditionally in this society concerning the freedom of the press and other media. What will be the interpretation of the Court in terms of the sources of information and so on, it would not be for me, I do not know what the Court will decide or if there will be some different circumstances that will have to be analyzed by the Court before rendering a judgment. Senator Austin: Your attempt here was to be neutral? Mr. Chrétien: As tnuch as possible.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(b)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 127-128.
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primarydocuments.ca primarydocuments.ca
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One of the things that concerns me about our deliberation is our tendancy to look to the American experience, both in discussing jurisprudence, and it, concerns me a little because I think we are a unique country and our constitution has got to reflect our unique character. We have the built-in advantage, I think at this stage, as some members opposite have pointed out, of amending to some degree our constitution. We have the advantage of one hundred and some years of history, our own history not the American history, and it seems important to me that somehow we balance in this constitution the problems between individual rights and collective rights, such fundamental freedoms of association and religion.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 127.
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Professor Magnet: But the jurisprudence in the United States to which you refer arises under a constitutional guarantee to nondiscrimination and also to a constitutional guarantee which prevents the establishment of religion. In this proposed resolution there is no antiestablishment clause, and therefore, it simply reflects the Canadian theory which has been true throughout the history of this country that the basic Confederation pact protects certain denominational reasons. Indeed, you might say establishes, but certainly we would not think an antiestablishment clause would be possible in Canada.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 127.
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primarydocuments.ca primarydocuments.ca
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Do you think that in Section 2, taking Section 2(b), freedom of thought, belief, and opinion or Section 2(a) freedom of religion, will that protect parties in hospital who have been pressured into assisting an abortion if this is entrenched? Dr. DeVeber: I would hope not. I really cannot answer your question but I would think it is a genuine concern. Miss Campbell: Perhaps you did not quite understand. I was looking for a clause in the Bill of Rights or in the proposal that would allow persons to refuse to assist, and you may have misinterpreted it. Dr. DeVeber: I think that is an excellent idea. I would be in favour of putting that clause in. Miss Campbell: Particularly if Section 1 over-rode any statute. So you could see that freedom of religion perhaps being, or belief that the . . . Dr. DeVeber: I think belief is more important because there are more and more doctors I know who are against abortion on demand, not on religious grounds, but just because they believe it is wrong. So it would be beliefs of any kind. Mr. Cooper: May I make a comment here? When the present Criminal Code, the present abortion law was going through the Justice and Legal Affairs Committee [Page 42] there was an attempt made to insert a conscience clause. Now, the then Minister of Justice, Mr. John Turner, said that this would not be necessary. He could not conceive of any doctor or nurse being required to take part in an abortion. Experience has shown since then that he was dead wrong.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 124-125.
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Mr. Black: It seems to me that the value of including freedom of conscience as well as freedom of religion is that it makes clear that people can have very deeply held beliefs that they might not call religious beliefs, but which are equally fundamental to them, and using the phrase “freedom of conscience” it gives them rights as well as people who deeply hold religious beliefs. It seems to me that the possibility that the Supreme Court of Canada or any other court would interpret that in a way which would hinder law enforcement is nonexistent. I cannot imagine the court giving it any such interpretation.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 116.
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primarydocuments.ca primarydocuments.ca
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Mr. McGrath: Then how do we avoid getting into the kind of situation which has developed in the United States where, for example, in certain instances, the Lord’s Prayer recited in the classroom has been ruled by the courts to be unconstitutional? I say that as one who comes from a province which has, by law, a denominational system of education which is publicly funded. That law is enshrined in the constitution of Canada by virtue of the terms of union between Newfoundland and [Page 10] Canada, and indeed, is threatened by the provisions of the bill now before us. You have referred to that, though not in a specific way, and I will come back to that later on. Mr. Hammel: But what is the question? Mr. McGrath: The question is: if we are to entrench a Charter of Human Rights in the constitution, how do we avoid the situation whereby the courts of this country will, in fact, be almost in a position of a parallel legislature in terms of defining new laws by the constitution; for example. you could be restricted as to your hiring practices; as to your conduct in the classroom. I have cited the instance in the United States where the recitation of the Lord’s Prayer has, in certain circumstances, been declared unconstitutional. That is a dilemma I find myself in I am very much in favour of fundamental human rights being protected by law, but I have this dilemma. Mr. Hammel: I think whatever approach is taken, whether the statute approach or the Charter of Rights and Freedoms one, I think we simply have to recognize that there are individual rights, and then there are, in our case, organized group rights. In this case, we are dealing with denominational group rights, although, for example, as a Roman Catholic I do not in any way tend to judge anyone’s right to freedom of conscience, I do feel that when he does not abide by what the Roman Catholic religion teaches, then he is no longer a Roman Catholic, and, therefore, does not have the rights of the group. So I think we have to approach it from that particular point of view, that there are certain group rights which are at least equal to, or, perhaps, supreme over some individual rights. I do not think we can simply make it sound as if the individual rights are total.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 126-127.
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primarydocuments.ca primarydocuments.ca
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Mr. Nystrom: My second and last question, Mr. Chairman, concerns another area where l have admired your organization- the whole question of the conscientious objector. You mentioned this morning, if I heard you correctly, two possibilities: one. enshrining in our constitution that no one should be compelled to take human life against one’s conscience, and you also referred to another option, which is in Federal Republic of Germany, that basically you enshrine that it pertains only to military service. I gather that you prefer the first option, which is more sweeping, that one of you mentioned earlier, the possibility of problems concerning policemen in their work, and firefighters in their work, and getting into the whole abortion controversy and euthanasia and so on. You did mention, I believe, two options: that no one should be compelled to take human life against one’s conscience, and the other option being what is enshrined in the German Republic which, I gather, says the same thing but as it pertains only to military service. Mr. Janzen: We would prefer the more general one in regard to taking human life. Mr. Nystrom: If the Committee or the government in its wisdom did not want to be as sweeping, the second would also cover a very important point, would it not? Mr. Janzen: We would be grateful for what there is.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 124.
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Mr. Epp: Could I ask you, in page 5, taking your position a little further, you argue that the same rights should be extended to persons working in hospitals, people in the medical field. specifically people who because of conscience cannot accept the taking of life through abortion. Do you feel that the clause that you propose would in fact given them that protection they seek? Mr. Janzen: We are not sure about that. As it stands here we say it might have some implications for that concern, and I think it would suggest something in that direction but we are not sure of that and we have not sought a specific legal opinion. It is a concern to us that we recognize that that is not something on which we have complete clarity. Mr. Epp: Do you have practical demonstration of members of your organization. adherents to your organization of churches that form your constituency. that people have been put into that position, namely of performing medical acts which contravene their conscience and specifically their position that they do not have the right to take life in that form? Mr. Janzen: l do not know of specific personnel from our community. I do know that in the 1977 Badgley report there is [Page 51] some rather strong testimony from doctors and so on who werer subject to considerable pressure and that is the reference for it here.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 123-124.
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A conscientious objector clause in the Charter might have implications for areas other than military service. People in police work or in medical work sometimes have to face the question of taking human life, too. The areas of euthanasia and abortion are examples but because of technological and other changes the number of areas may increase. In 1969, when the abortion issue was debated in Parliament, along with other amendments to the Criminal Code, it was emphasized that medical personnel would not be forced to be involved with them. Because of this, a conscientious objector clause, which was considered at the time. was viewed as unnecessary, However, the government’s Badgley study of 1977 found that some strong pressures are brought to bear on medical workers. [Page 48] We believe the right to abstain from the taking of human life should be extended in the area of abortion as well.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 122.
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Mr. W. Janzen (Director General, Ottawa Office, Mennonite Central Committee, Canada): Thank you. This concern is somewhat different than the one which Mr. Nigh has explained. lf that one could be covered with a clause like, “No one shall be compelled against his conscience to take human life,” then the second one might be covered with a simple affirmation of freedom for religion without specifying that it be for individuals or for groups, thus leaving that question to be decided when problems in relation to that arise. As it is worded at the present time in the proposal, it is cast in explicitly individual terms and we are concerned that that might create difficulties which perhaps are not foreseen at the present time or even considered desirable. The written brief refers to several such difficulties and l will not go over that material, but l would say that these difficulties can arise also in relation to communities other than the Amish or Old Order Mennonites or Hutterites which are referred to in the brief. We know that for generations and centuries the phenomenon of people going off unto themselves for religious reasons to live a bit more as a community unto themselves is an experience that has been present in our civilization and probably will be present. and we would like to have that freedom respected. We are a bit concerned that by casting the provision for freedom of religion in individual terms there might be seine difficulties, as explained in the brief. We could go on and talk further about community rights and collective rights and some aspects that relate to the concerns of the native people as well, but I do not think at this point we would want to go into that. I would point out, however, that in a number of other constitutions or bills of rights the provision for freedom of religion is not as individual as it is in the one that is being proposed. I refer to the I960 Canadian Bill of Rights and there is a simple affirmation of freedom for religion without specifying the way it shall apply. The one to which Mr. Nigh has referred also is general on that point. The American constitution, although generally an individualistic document. is general on that point. It does not specify that it is exclusively for individuals and so on. So what we are asking basically is two clauses: one is a clause that would say something to the effect that no one shall be compelled against his conscience to take human life, and the other one would be at simple affirmation of freedom for religion without specifying that it be for individuals or communities, thus leaving that to the wisdom of the legislatures or the courts to deal with those problems as they might arise.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 122-123.
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Our spiritual forefathers where the anabaptists of western Europe. Over 400 years ago they felt compelled to take a stand against the taking of human life in any form and to many of them it was contrary to their understanding of the teaching of scripture. For their beliefs and practice they suffered cruelly; many died. When our forefathers came to Canada around 200 years ago they appealed for and were promised exemption from military duty. The history of these negotiations which are very much abbreviated are contained in paragraphs on pages 3 and 4 of the brief which you have had in your hands. In World War I, the severe test of these provisions came. In the spring of I918 the German forces made one last gigantic assault on the Western Front and for a while it looked as if the Allied front would break. It was under the stress and desperation of that time that exemptions which had been written through Order in Council by government were cancelled and the young men of our churches had their faith and their convictions severely tested; many served periods in jail. I had hoped to bring along today a very close friend of mine who was my bishop for many years. Mr. B. J. Swalm who is 84 years of age. but he had other commitments and was not able to come. He could articulate his experiences during this war. One thing I remember, while he served as my bishop in the Niagara Area was that when he was visiting our area he would ask me to drive past St. Catharines Jail where he spent several months during World War I. Bishop Swalm was one of the founders of this organization, the Mennonite Central Committee. The experience in World War II was different and here I can speak from personal experience. because I was of draft age at that time and young men of my age were being called into service. My spiritual training and upbringing, church teachings, taught me participation in war was wrong but I had to make a decision at that time that I had to know what I believed personally and I had to make a personal decision. I went through weeks of study and soul-searching which reinforced my teaching and brought me to the decision that I could not take a human life. or be part of a life-taking organization. Now, in the Second World War, because of early representation to government by the leaders of our churches, an alternative service program was developed whereby our young [Page 47] men could serve in non-military forms of service such as reforestation, road-building, fire-fighting, agricultural work and some in ambulance and hospital work on the front lines. As l came through those years and in perspective I have two strong feelings. First of all I have a deep respect for the boys, for the integrity of the boys who were my friends and are still my friends. who did not feel as I and went into military service. and we today wish to acknowledge our deep respect for those who disagree with us in this area. The second was a great appreciation which I also hold today for a country where conscience is recognized and where opportunity was given for alternative forms of service of national value, and service that was helpful to society. I an thankful for a country where the right to be different is recognized: where a minority view does not endanger or dehumanize. So it is for this reason that we feel now in the formulation of a constitution in peaceful times apart from emotional pressures of a wartime society, that we include a clause in the constitution that would recognize the right of conscience that would lead one to abstain from the taking of human life. We are making this presentation today from our own experience and perspective as stated in the brief. which is prepared by Mr. Janzen and which I have briefly summarized. We believe in light of past experience and differences of interpretation and application of past government decisions that a clear and brief. concise statement in the constitution would be helpful and we urge the inclusion of such in the Canadian Charter of Rights and Freedoms. I might just call your attention to the statement that is written in the constitution of the Federal Republic of Germany; “No one may be compelled against his conscience to render war service involving the use of arms.”
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 121-122.
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Mr. McGrath: My question is, does Section 2 of the Charter in any way threaten the tax exempt privileges that you now enjoy as a church, in terms of any question that could be placed before the courts; because freedom of religion means freedom not be exposed to religion in certain circumstances, in other words, no religion in terms of interpretation can be construed as a religion, for the purposes of this section. Mr. Smith: Mr. Chairman, it had not occurred to us that this section would in any way threaten our tax exempt status, at least it had not occurred to me, and I do not see any inherent meaning in this. I think along with other sections of the Charter that the possibility for amendment could indeed threaten any of these sections and thereby affect the question before us.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 118.
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The Church of Jesus Christ of Latter Day Saints or the “Mormon Church’, is a Christian organization with roots in Canada which go back to the early 1830s. There are at present approximately 85,000 members of the Church in Canada, with congregations in every province and the territories. We deeply appreciate the opportunity to appear before this Committee and to comment on some aspects of the proposed resolution respecting the constitution. At the onset, we wish to make it clear that as a church we take no position on the purely political aspects of the proposed resolution; our members are totally free to think and act according to their own individual wishes on those matters. Believing as we do that churches have a responsibility to provide and safeguard a moral framework in which their members can exercise their beliefs, we wish, however, to address some of the possible moral implications of the resolution. Our basic concerns relate to the potential impact of certain proposals within the resolution on the sanctity and strength of the family, on protection provided by society to women and children, on the relationships between courts and legislatures in making legal policy, and on the inviolability of fundamental freedoms. We can perhaps best illustrate these concerns by examining specific sections of the proposed resolution. In doing so, we wish only to point out concerns, not obvious and totally identifiable dangers. Indeed, it is in the vagueness of the wording of certain portions of the proposed resolution that the [Page 8] greatest dangers lie, because it is impossible to tell exactly what is meant or what was contemplated by the draftsmen. Section 2 of the proposed resolution deals with fundamental freedoms. We applaud the apparent intention of the proposals, believing as we do that “no government can exist in peace, except such laws are framed and held inviolate as will secure to each individual the free exercise of conscience, the right and control of property and the protection of life”. Yet we must admit to an uneasiness about the extent to which the proposed resolution actually safeguards the essential freedom it so laudably espouses. Part V of the proposed resolution provides provedures for amending the constitution, either as a result of legislative resolutions or by referendum. These amending procedures apparently do not ensure that legislative action cannot sweep away those fundamental freedoms outlined in Section 2. We strongly believe that freedom of conscience, religion, thought, belief, opinion, expression, assembly and association must be very carefully safeguarded; subject only to the reasonable restraints commensurate with a democratic society, they must not be subject to the vagaries, no matter how well intentioned, of legislatures. Past history, our own and others, has taught us the need to place them above legislative action. Unless they are safeguarded, it would be possible, at some time in the future, for legislatures to deny them to one group or another in our society. The procedures for amending the constitution must, we submit, pay particular attention to the absolute need to protect those fundamental freedoms mentioned in Section 2 of the proposed resolution.
§2 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 113-114.
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primarydocuments.ca primarydocuments.ca
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I would invite anyone to define what religion means in a comprehensive manner. I think that that term, while we know that certain religions, Judaism, Christianity, Buddhism are religions, there will be many borderline cases where we do not know if those groups are religions or not. But that has not precluded the drafters of this Charter form including religion.
§[2] (https://primarydocuments.ca/canada-act-1982/#Fundamental) (2(a)more specifically) of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 116.
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ir.aboutamazon.com ir.aboutamazon.com
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Amazon.com Announces Second Quarter Sales up 20% to $63.4 Billion
Do note that this page mentions nothing on worker rights nor worker wages.
See this page on the matter.
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Amazon announced that it will hire nearly 12,000 new employees across Europe in 2019, taking its permanent workforce in Europe to nearly 95,000 by the end of 2019. Amazon pledged to upskill 100,000 of its employees across the U.S. by 2025, dedicating over $700 million to provide employees across its corporate offices, tech hubs, fulfillment centers, retail stores, and transportation network with access to training programs that will help them move into more highly-skilled roles within or outside of the company. Programs include Machine Learning University, Amazon Technical Academy, and Career Choice.
More workers that can practically be enslaved in 55-hour-work weeks and sleep standing up: yeay!
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www.businessinsider.com www.businessinsider.com
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Döpfner: Last week we had Bill Gates for dinner here and he said in a self-ironic manner that he has a ridiculous amount of money and it is so hard to find appropriate ways to spend that money reasonably and to do good with the money. So what does money mean for you, being the first person in history who has a net worth of a three-digit amount of billions. Bezos: The only way that I can see to deploy this much financial resource is by converting my Amazon winnings into space travel. That is basically it.
Why fix the issues with how many Amazon workers are basically wage slaves, working 55-hour weeks, while falling asleep during work?
For more information:
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money.cnn.com money.cnn.com
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Amazon (AMZN) disclosed in a filing Wednesday that the median pay for its employees was just $28,446 in 2017. Put another way: half of Amazon's employees earned less than that amount.
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www.washingtonpost.com www.washingtonpost.com
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they are calling for better working conditions, pay and health benefits.
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wiobyrne.com wiobyrne.com
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e-purpose.
Creative Commons covers 4 areas of practice: -re-use: right to verbatim reuse content
- revise: right to change/ modify the content -remix: right to combine original or revised with new content -redistribute: right to make and share copies of content
great for expanding, exploring, sharing and remixing content in the educational world.
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primarydocuments.ca primarydocuments.ca
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Mr. Minister, in view of the many representations by distinguished groups, Civil Liberties Association, Mr. Tarnopolsky, Mr. Fairweather and others, in view of their representation, what I found at least to be persuasive representations, that there were certain rights which should never be derogated from, who in fact did you listen to in arriving at your proposed Clause I, which witnesses did you listen to, which witnesses made a recommendation in line with your proposed Clause I that there should be no derogable rights? Mr. Kaplan: Well, I think the government was influenced even by the witnesses with which it disagreed, and we have tried to reflect in the version the cutting edge that we want in the Charter of Rights, a Charter of Rights and Freedoms that will make a real difference to the Canadian people, and I would not want to indicate that any of the witnesses were ignored because that is not the case. Mr. Robinson: Well, there were certainly a few that were not listened to. Thank you.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 109-110.
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I wonder, though, why it was thought that the appropriate location for a limitations clause was right at the very beginning of the proposed Charter of Fundamental Rights and Freedoms, and whether you would be prepared to look at the possibility of moving the limitations clause in whatever form we may finally end up with—and naturally, there may be complications, because if there is a preamble in it it would be inappropriate to do this; but if there is no preamble, on the proposed Clause 1, moving the limitations clause to the end of the proposed Charter? In other words, I believe it would be important symbolically, if nothing else, to start out with the list of fundamental freedoms, the mobility rights and a positive statement of what the rights are, and then at the conclusion of the proposed Charter to indicate what limitations might exist on those [Page 26] rights, rather than starting out with limitations and then a statement of rights. Mr. Kaplan: Well, before directly answering the question, I would like to understand that you are suggesting that the difference is symbolic, and that it does not make any real difference. Mr. Robinson: Certainly, I would not argue that there was any difference in substance in the way this will be interpreted, and I am sure your advisers could confirm that. Mr. Kaplan: I do not think there any real difference either. I think it is purely a matter of style. Our view of the matter was that it was more realistic and useful to the reader to see at once that the rights were not absolute, but that they were constrained. That would be made immediately clear to a person consulting the statute without having to read the first 30 sections to find that what was contained in the proposed Clause 1 was 0really not the whole story. It seems to be more honest. Mr. Robinson: Mr. Minister, if it is agreed that there is no difference in substance—and we are talking about a document, a Charter of Rights which, hopefully, would be widely distributed to school children, to Canadians right across the country, and I would suggest there is a certain symbolic value in setting out those rights and then at the conclusion of those rights indicating what the limitations, if any, may exist in respect of them, as is done in the Diefenbaker Bill of Rights, where the rights were enumerated and at the conclusion of the Bill of Rights, there are references, for example to the War Measures Act and to other limiting provisions.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 108-109..
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primarydocuments.ca primarydocuments.ca
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Mr. Roger Tassé, (Q.C., Deputy Minister, Department of Justice): I think that is an important question you have raised, Mr. Fraser. In effect when you look at the meaning of law, it may mean a number of things and in this context it could mean an Act of Parliament, for example, and we did not want it to be restricted to an Act of Parliament for some of the reasons that have been expressed, and also for another reason that has not been mentioned so far, and that is in effect we wanted also to cover rules of the common law. For example, in the area of libel, defamation. And in many provinces this has not been clarified. There are rules that have just been expressed over time by the courts and we did not want to upset all of this legislation so that is why in effect in French we have used an expression that would embody as well rules of common law that have been established by courts and it could be in the civil law field or in the common law, most probably in the common law, but also would include the statute and include a regulation enacted under an appropriately passed or enacted legislation. Mr. Fraser: So what you are saying, then, is that … Mr. Tassé: Perhaps if I may just expand on what I have just said. For example, if you look at the freedom of expression, the law of defamation, the law of libel imposes some limits on that so we wanted these to continue to have application and we think that they would fit in effect the tests that are set out in Section 1. Mr. Fraser: Well, then, by the same token, so does the law of master and servant, the law of contract and the law of partnership, and a number of other common law notions. [Page 50] Could you foresee a situation where, on the basis of the rights set out in here, you could have a conflict between what are considered laws which stem from the body of case law that has come down over the centuries which could be in conflict with the right that has been set out in the Charter? Mr. Tassé: Well, Mr. Fraser, we do not see these rights or these prescriptions of the Charter to have application in terms of a relationship between individuals. We see them as applying in terms of a relationship between the state and individuals, so I am not sure that in terms of contract laws, unless we were looking at the situation where in fact we are talking of contracts passed between the state, the government, and that might offend a constitutional limitation on some of these rights, then the Charter might be called upon for assistance but if we are just looking at in effect relationships, contractural relationships between individuals, I do not see how the Charter itself could be called upon to assist in resolution of conflicts that may arise. Mr. Fraser: Well, I do not want to take this too far into the realm of theory but individual contracts are constantly formed as a result of discrimination between certain options and certain individuals, and that has always been, within some limitations, an accepted freedom to enter into contract unless there is a specific piece of legislation which forbids it. You can take, for instance, the codes in some of the provinces which now constrain absolute freedom of contract in hiring policies. But I take it that what you are saying is that in the English version when you say “prescribed by law”, that is not just statute law, but is also the common law? Mr. Tassé: Yes. Mr. Fraser: As decided by the cases? Mr. Tassé: Yes. Mr. Fraser: But they could still be challenged if somebody could take the issue to a court and say that that law can no longer be demonstrably justified in a free and democratic society? Mr. Tassé: That is correct. Mr. Fraser: Thank you.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), pp. 107-108.
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