Documents found
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1904.More information
This essay analyzes the recent case law of the Inter-American Court of Human Rights in relation to the question of reparations for violations of the rights of persons with mental disabilities. It accomplishes this from the perspective of the social model of disability, recognized in the recent Convention on the Rights of Persons with Disabilities. According to this model, reparations must dismantle the numerous obstacles preventing the full and effective participation of people with disabilities in society. The Inter-American approach to this question appears bold, while at the same time being influenced by the social model of disability, leading the Inter-American Court of Human Rights to grant ample and adapted reparations. Nonetheless, the inter-American approach presents flaws that can be overcome. This essay advances an improved legal framework through three paths for improvement.
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1905.
L'IMMIGRATION IRRÉGULIÈRE DANS L'ESPACE EURO- MÉDITERRANÉEN ET LA PROTECTION DES DROITS FONDAMENTAUX
More informationThe question of irregular immigration is shaking up the countries on both shores of the Mediterranean today, because the migration phenomenon generates many human tragedies at each crossing of the sea, unacceptable for the conscience of humanity. The reality is that this immigration, because of its “clandestine” nature, continues to fuel the debates, both at European and Maghreb levels, or even at the African level. For Africa, from which successive migrant waves leave, it is a loss of valid arms for development. Irregular migration is of great concern to political leaders because of its scale and impact on transit and host countries. It would be the cause of social, political and security problems. The fear is that this immigration, considered as “risk-bearing”, constitutes a threat and a danger for the stability, the social cohesion and the identity of the host societies. This article analyzes the situation of migrants who are at odds with national laws on entry and residence in the receiving countries, and notes violations of their human rights at the stages of their trip. This requires legal protection in consideration of the human person, in accordance with the international law principles that recognize and outline rights for migrants and refugees.
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1906.More information
In this article the author examines the decisions of the European Court of Human Rights in the Folgero and Zengin cases, as well as the report of the United Nations Human Rights Committee in the Leirvag case. The Court and the Committee had to assess the compatibility of the ethics and religious culture education course respectively taught in Norway and Turkey with the right of parents to secure the religious and moral education of their children in conformity with their own convictions. The Court and the Committee held the following principles applicable: (1) Public schools may instruct pupils in subjects such as the general history of religions and ethics, and still be in compliance with the European Convention on Human Rights or the International Covenant on Civil and Political Rights, if that education is provided in a neutral and objective way. (2) This duty of neutrality and objectivity can be observed by the State in two ways. Either by assuring that the instruction in ethics and religious culture is of itself sufficiently neutral and objective, in which case there is no obligation to provide for the possibility of choice by parents or exemptions at their request. Or, if the instruction does not attain the necessary degree of neutrality and objectivity, by providing for non-discriminatory exemptions or alternatives that accommodate a parent's or guardian's wishes. After reviewing the way these principles have been applied by the Court and the Committee, the author explains how they can be used to assess the critics aimed at the Ethics and Religious Culture course taught in Québec schools since 2008.
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1907.More information
The Gérin-Lajoie doctrine has well served Quebec. Since its formulation in 1965, the Quebec government has applied such doctrine in entering into international agreements and assuring its external representation, both in States and within international organizations. These actions have made Québec into a dynamic actor on the world stage. The international extension of its domestic jurisidction on which this doctrine is based has aslo led to the establishment of a Ministry of International Relations which coordinates Québec's international action. Since 2002, the Gérin-Lajoie doctrine has been given a parliamentary dimension through the approval process of important international commitments of Quebec. The Act respecting the ministère des Relations internationales defines an “important international commitment” as an international agreement which requires, for its implementation by Québec, the passing of an Act or the making of a regulation, the imposition of a tax or the acceptance of an important financial obligation, concerns human rights and freedoms, concerns international trade or should be tabled in the National Assembly. Among the numerous international agreements that now bind Québec, 54 have been considered to be ‘'important‘' and have been tabled in the Québec's National Assembly. They have, except in two cases, been approved its by members. In the great majority of cases, approval was given by an unanimous vote. This new practice reveals however some shortcomings related to the delay and timing of the approval. Whereas Canada does not provide for a parliamentary approval of important international committments, this new parliamentary dimension of the Gérin-Lajoie doctrine meaningfully contributes to a real democratization of the process by which Quebec declares itself bound by important international commitments. The National Assembly is thus assuming in an new fashion its role as a guardian of the historical and inalienable rights and powers of the people of Quebec.
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1908.More information
In fall 2013, the Parti Québécois proposed the Quebec Charter of Values (Bill 60), which aimed to secularize the provincial government, namely by prohibiting the wearing of religious symbols by public employees. Once tabled, the bill was subject to fierce and sometimes nasty debates about the status of religion, and in particular Islam, in Quebec. This text offers a thematic analysis of ten Facebook pages in support of the bill. It attempts to determine the political nature of the arguments that these pages present and examines the question of the emergence of an extreme right in Quebec by drawing from discussions of the extreme right and radical right in the current European research literature. The text concludes that the arguments and themes developed on these Facebook pages are indicative of a movement of the “radical right.”
Keywords: extrême droite, Charte des valeurs, radicalisation, sécularisation, islamophobie, Québec (province), radical right, Quebec Charter of Values, extreme right, radicalization, secularism, Islamophobia, Province of Quebec
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1909.More information
The objective of this work is to systematically identify and qualitatively analyze all international studies (French and English) published between 1975 and 2015, relating to professional representations of physical education teachers towards inclusion of students with disabilities. Thirty-five studies were selected and divided into three themes associated with representations of teachers as barriers to inclusion: 1) the inadequacy between inclusive policies and physical education programs, 2) the difficult collaboration between teachers and the partners of inclusion, and 3) the inadequacy of the initial and continual training of teachers in adapted physical education. A repercussion of this work is to propose training perspectives for physical education teachers to overcome these barriers.
Keywords: enseignant d'éducation physique, représentations professionnelles, inclusion scolaire, intégration scolaire, élèves en situation de handicap, physical education teacher, professional representations, inclusive education, integrative education, students with disabilities, maestro de educación física, representaciones profesionales, inclusión escolar, integración escolar, alumnos con necesidades especiales
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1910.More information
In order to encourage the presentation of exhibitions in Québec, article 697 of the Code of Civil Procedure allows for the protection of works of art and other cultural or historical property on loan from abroad from seizure. This provision (then article 553.1 of the former Code of Civil Procedure) was introduced in 1976 to allow a major exhibition from the USSR to be held in Montréal.