Documents found
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3721.More information
Due to an absence of social consensus on the status of the unborn, the issue of abortion continues to be controversial not only in jurisprudence but also in doctrinal writings. Since each society enjoys its own culture and legal tradition, the legal status of the fetus is not treated uniformly from one jurisdiction to another. One may query whether the notion of the right to life depends upon the cultural environment of the milieu where the question is raised. While this remains uncertain, one response to this question could depend upon the concept of human dignity within each society which posits the right to life within the context of legal and cultural pluralism. Since pluralism suggests various approaches, this article seeks to demonstrate how a national margin of appreciation could facilitate the reconciliation of human rights and cultural diversity with respect to the unborn's right to life.
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3722.More information
The notion of consensus figures significantly in the case law of the European Court of Human Rights, more particularly with regard to the interpretation of the European Convention on Human Rights. However, at a time when recourse to international and comparative law is becoming more and more frequent in seeking solutions to difficult cases, consensual interpretation as it exists in European human rights law, could provide some guidance to Canadian and Quebec courts. Thus, it is indeed worthwhile exploring the nature and origins of consensual interpretation.
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3723.More information
Closely linked to recently published works such as Gift of Death (1999) and Demeure. Maurice Blanchot (1998) where, among other questions, the status of pardon, of promise, of lie and of testimony is questioned, and probed their undecidable “truth” in the register of literary fiction, this analysis of French writer and translator Henri Thomas' text is primarily concerned with the figure of the “parjure” (a word not easily translated, or even translatable, in the Anglo-American language). Le parjure transposes some fragments of the life of theoretician and critic Paul de Man, the friend who bonds together Henri Thomas and Hillis Miller (to whom this text is dedicated), and the author himself, who has already written many texts “on” and “for” Paul de Man. The reading traces most precisely the “brusques sautes de syntaxe” disrupting the storytelling, particularly marked by the (not just) rhetorical figure of the anacoluthon. These sudden breaches, as the interruptive slips of Albertine's lies in the Recherche, shift the storytelling into troubled zones, where the author convokes the essential figures of the “perhaps” and of the “as if” who haunt, in his eyes, the literary fiction. If one can no longer make the difference, in the absence of all proof, between lying and storytelling, what then of truth and its effects, and moreover of the secret of literature, of the responsibility bestowed on the witness, the analyst of sort to whom the strange event of this real fiction has been confided ?
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3725.More information
Museums have an important role to play in disseminating and legitimizing representations of social diversity to a large, often neophyte public, which contributes to structuring the relationships between the majority population and groups who have been marginalized. This research note focuses on the development of an exhibition on gender diversity at the Musée de la civilisation de Québec, from the beginning of the process in 2021 to the inauguration of the exhibit in 2023. It is based on the working documents of the committee of experts, the experience of two trans researchers hired by the museum to work on the script, and discussions with the person in charge of the project. The objective of this article is to situate this collaborative experience within the framework of recent developments in the field of gender diversity in Quebec society at the political and institutional level, and the politics of the representation of LGBTQ+ people and communities in the museum world.
Keywords: Geoffrion, Drouin, Fiset, Lavoie, Lantagne, diversité de genre, Québec, justice sociale, musées, hétérocisnormativité, personnes trans et non binaires, Geoffrion, Drouin, Fiset, Lavoie, Lantagne, gender diversity, Quebec, social justice, museums, heterocisnormativity, trans and non-binary people, Geoffrion, Drouin, Fiset, Lavoie, Lantagne, diversidad de género, Quebec, justicia social, museos, heteronormatividad, personas trans y no binarias
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3726.More information
When it comes to abortion, one inevitably must treat women right to take a decision about their pregnancy, a decision that touches private life very much: the right to a good health for a woman. On the other hand, there are limits for people's rights, mainly when these trample another person's. In the case of abortion, the other “person” here is the child to be born. Is it considered a person in the legal sense of the word? Social debate contains emotional parts which puts legislators and magistrates through the planet in embarrassing situations, to a point where Canada's criminal code has no dispositions on this case for over a decade. George W. Bush used the pro life argument during his election campaign in 2000, promising to reinforce the national legislation and on the wake of the Roe v. Wade case. Without being controversial, the author of this item decides to do a gazette of the national legislation and international conventions on this subject and analyzes future practices in the U.S. legislation and the recent developments at the time of the multilateral lectures. The reader is free to draw his/her own conclusions.
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3728.More information
Drawing on her two-year-long experience as Judge of the new European Court of Human Rights, the author examines successively four issues. First of all, the reasons that led to the restructuring of the control mechanism established by the European Convention on Human Rights and which entered into force on 1 November 1998, and which reflect so many expectations with regard to the new Court. Secondly, the composition of the new Court : comprising forty-one judges, the Court is at the present time the largest existing international jurisdiction, which is an invitation to further analyse from the perspective of legal sociology. Thirdly, the essential stages of the procedure which makes it possible, before the Court, to exercise the right to an effective remedy: this right is at the very heart of the System of the Convention and confers upon it an original and unique character among the set of international and national bodies on human rights' protection. Finally, the major challenges the new Court is confronted with and which have to be read in the light of the requirement of effectiveness for fundamental rights.
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3729.More information
In the last few years, the international community has developed the will to punish the authors of crimes of war and crimes against humanity. Such a will has found expression in the establishment of international tribunals for the conflict in Rwanda and for the conflict in the Former Yugoslavia, as well as in the recent ratification in Rome of the treaty for the constitution of the International Criminal Court. Despite these developments, it is reasonable to ask whether this will doesn't in fact remain but a pious wish. This article examines the question from the angle of the obligation in international law for States to apprehend or extradite the authors of international crimes, an obligation which has existed for a number of years and which is found in many international conventions and treaties. Its sources as well as its implications for signatory States are presented by and the thesis advanced by some internationalists that the obligation to apprehend or to extradite should be classified as a customary norm is considered.
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3730.More information
Keywords: patrimoine commun, interculturalité, expérience, activation, invention, patrimoine impropre