• Title/Summary/Keyword: Natural Rights

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Native Customary Rights: Does It Hold the Future of Sarawak's Natives?

  • Nelson, Julia;Muhammed, Nur;Rashid, Rosmalina Abdul
    • Journal of Forest and Environmental Science
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    • v.32 no.1
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    • pp.82-93
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    • 2016
  • This article presents an overview of the Native Customary Rights to forests and its role in protecting the future of native people of Sarawak, Malaysia. The native people have had a long history and strong relationship with their forests. Existing documents and studies have been critically reviewed and analyzed in order to elaborate the Native Customary Rights which are critical to the native people of this region. To have a better understanding on Native Customary Rights, it is important to answer three related questions: (i) Who is a native of Sarawak, (ii) What is 'custom', and (iii) What is the nature of 'rights'? The roles of Native Customary Rights for economic, political or social reasons, operate through informal rules embedded in the natives' customs and traditions. These rules have never been codified into formal laws because the adat system merely functions to manage the human relations which are tied to culture thus making it difficult to codify the culture into laws. It is evident that there are several issues underlying the development of Native Customary Rights: (i) Native Customary Rights are considered as inferiority to those of the State, (ii) the issue of over-shadowing of traditional laws by the colonial rule and the current statutory laws and, (iii) projects and land schemes involving the Native Land. It is understood that the challenges of promoting Native Customary Rights are daunting task; however, the constitutional laws need to carefully revise to provide a better future for the natives.

Study on Early Childhood Teachers' Attempts to Implement Perception on Rights of Young Children (영유아교사의 영유아 권리 인식의 실행 노력에 대한 연구)

  • Kim, Ho Hyun
    • Korean Journal of Childcare and Education
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    • v.13 no.6
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    • pp.127-141
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    • 2017
  • Objective: The purpose of this study was to figure out early childhood teachers' perception on rights of young children and what they do to implement the perceived rights of young children in early childhood settings. Methods: Two individual and two group interviews were conducted. First, individual interviews were held with one childcare center teacher, and then interviews were held with one kindergarten teacher. Both group interviews were conducted with three different kindergarten teachers. All interviews were held two times. Recorded and transcribed interview data were analyzed. Results: The results are as follows. First, participants perceived rights as natural, protective, expressive, equally respectful, and joyful but understood differently from that of adults due to developmental status of young children, which included rights to life, equality, participation, protection, and happiness. Second, teachers remarked that they used strategies to project young children's emotions to implement perception on rights to life and happiness, discern deprivation from violation for rights to protection and equality, and set rules and have double standards utilizing resources around, for rights to participation. Conclusion/Implications: These results have implication for organizing contents for rights education for early childhood teachers.

The Research of recognition to integrated education for disabled students and ordinary students -Emphasizing on Rights to access and recognized rates of teachers and students- (장애학생과 일반학생의 통합교육을 위한 인식에 관한 연구 -접근권과 교사·학생의 인식도를 중심으로-)

  • Park, Ki-boo;Lee, Jae-Lim
    • The Journal of Sustainable Design and Educational Environment Research
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    • v.8 no.1
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    • pp.1-10
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    • 2009
  • This study is about the present condition of facilities for the disabled at elementary schools in Ulsan and improvement plan of facilities for the disabled. The important thing of tasks of societies and nations is rights to education for the disabled. If an education is natural rights that give people identification, Societies and nations do their best to adapting anyone no matter who has any circumstance to civilization. The more people are poor, the more Societies and nations support and give them chance to education. Among people who really need the chance to education, there was the disabled. Therefore, societies and nations support them carefully more than any others. Above all things, considering the fact that separation to integration of a education for the disabled, facilities for the disabled that can base on an integrated education must be improved as soon as possible. An integrated education contribute to growing sociality and security of human rights for the disabled. It is natural that basic facilities are necessary for the disabled. A systematic program development that make ordinary students look fairly disabled students is really demanded for that ordinary students give disabled students love and help.

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The Construction and Characters of the Welfare Rights (복지권의 구성과 성격)

  • Ahn, Chi-Min
    • Korean Journal of Social Welfare
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    • v.55
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    • pp.5-25
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    • 2003
  • This study analysed the components and characters of welfare rights through discussions of the concepts and types of universal rights, and discussions of human rights and citizenship rights. Welfare rights is claims rights which requires somewhat, and it is positive rights. And it is generally passive rights, but it contains collective participation rights which is active rights. The result of total discussions of rights, human rights, and citizenship rights led us to know the components and characters of welfare rights. Welfare rights contains social rights, economic rights, and cultural environmental rights. Social rights are composed of the right of social security, social welfare service, health, education, and residency. Economic rights are composed of the right of labor, intervension of labor market, job security, and capital control. cultural environmental rights are composed of the right of culture and environment. And welfare rights has several characters. First, it is natural rights which is bestowed on the citizens or people in modern civil societies. it is samely characterised as liberties and political rights. second, it has the same values like other rights such as lberties and political rights. Or it is more important, because it is necessary for other rights. Third, it is not the objective being which is constant, but it is changed, formed and constructed as total rights with human rights and citizenship rights. Fourth, it is truely rights, but is simultaniously accompanied by obligations. But the obligations is unconditional like as other rights. Endly, levels of welfare on the welfare rights must be modicum rather than minimum. The meaning of modicum level is uncertain, but it aims to the entire participation of peoples as citizen and social integration. And it has to aim to the prevention of heridity and continuity of inequality.

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A Study of Institutional Restrictions for Private Security's Activities as for Profit Businesses (영리기업으로서 민간경비의 영업활동에 대한 제도적 제약성 고찰)

  • Gong, Baewan
    • Journal of the Society of Disaster Information
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    • v.7 no.3
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    • pp.181-189
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    • 2011
  • Private Security company concentrated on the commerciality as a for-profit businesses. Even so, his role is concerned with public welfare and public security over personal gain. Establishing a company and the business activities are free and protected by the constitutional law and the commercial law such as natural rights. However, it would be restricted in case of need for the national security affairs, public security violation and public weal problems. On the other hand, even though private security law is a for-profit businesses, the natural rights of the text of the Constitution is ignored and distinct from the different apply the rules for the establishment standard and for the business activities. Also, over a certain size of place and capital are required to establish a private security company. Therefore, this paper will study the public interests and the profits of commerciality for the private security by constitutional law and commercial law which assure and conserve the natural rights and the business activities.

Discourse on Prohibition of Discrimination against Persons with Disabilities and Guarantee of Human Rights (장애인 차별금지 및 인권보장에 관한 담론)

  • Kim, Ji-Woon
    • Journal of the Korea Convergence Society
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    • v.13 no.5
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    • pp.195-200
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    • 2022
  • It was in the 1990s that the human rights of persons with disabilities began to be discussed in our society. Based on the Declaration on the Rights of Persons with Disabilities adopted by the UN General Assembly in 1975, the Charter on the Rights of Persons with Disabilities was adopted on December 8, 1988. The human rights of persons with disabilities explains the important meaning of not being discriminated against just because they are persons with disabilities, the basics of human rights that all human beings have. The human rights of persons with disabilities are universal values, a basic right, and a declaration to protect the socially disadvantaged. Human rights are an important ideology that deals with the dignity and worth of human beings. In our society, people with disabilities should not be discriminated against for any reason. Persons with disabilities should be the center in matters related to the Anti-Discrimination Act and Human Rights. In addition, it can be said that it is necessary to develop and operate a system suitable for the local government for the disabled in the local community.

Analysis Method of the Damages to Rights of Light due to the Construction of the Bridge in Rural Areas (농촌지역에서 교량건설에 따른 일조 피해 분석 방법)

  • Lim, Jae-Han;Lee, Ji-Young;Jung, Jin-Ju
    • Journal of the Korean Institute of Rural Architecture
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    • v.10 no.1
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    • pp.67-74
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    • 2008
  • Recently, construction of bridges in rural areas has been increased to preserve the natural environment. However this brings forth the disputes over rights of light in farmland. In urban areas, the disputes over rights of light have been settled on the authority of the national architectural law and only sunshine hours for winter solstice are considered. Basically, the point at issue is different between each case. The main issues of the dispute in rural area were the reduction of the crop cultivation and the increase of the heating cost in winter. The purpose of this study is to review the mediation process in national environmental dispute resolution commission to resolve these issues, and to set up the analysis method of rights of light and modelling equation of solar position. Furthermore, we aimed at analyzing the damaged hours of daylights in rural housing and the infringement rate of daylight in farmland through the case study. In conclusion, we estimated the sunshine hours during the whole damaged periods according to the elements of bridges, and presented the solution process of dispute over rights of light due to the construction of bridge in rural area.

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Characteristics of Agricultural Water Rights in national Rivers (국가하천의 농어수리권 특성)

  • 김진수
    • Magazine of the Korean Society of Agricultural Engineers
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    • v.42 no.3
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    • pp.56-65
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    • 2000
  • The characteristics of agricultural water rights were examined for the national rivers in Korea. We suggest that the national rivers could according to the actual management organization of agricultural water right be categorized into national management rivers KOWACO(Korea Agrcultural & Rural Infrastructure COrporation) management river. The agricultural water right between the national and KOWACO management rivers have different characteristics for irrigation period permit procedure water charge and type of water right. The agricultural water rights are granted in the natural discharge less than reference droughty discharge for most of national management rivers and in the developed discharge for the KOWACO and KARICO management rivers. The current system of agricultural water rights is complicated inconsistent and incapable of coping with unusual drought and therefore it needs to be improved.

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The right and duties of the coastal state over the continental shelf (연안국의 대륙붕에서의 권리와 의무)

  • Lim, Chae-Hyun;Lee, Yun-Cheol
    • Proceedings of the Korean Society of Marine Engineers Conference
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    • 2006.06a
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    • pp.137-139
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    • 2006
  • The Continental shelf is important part of the coastal states' jurisdiction at sea, because there are many natural resources in continental shelf. This paper examines the concept and legal status of the continental shelf, the limit of the continental shelf, and expecially the rights and duties of the coastal state relating to its continental shelf.

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