Search: unwilling or unable

...has held in Amuur v. France, that the distinction is a matter of its ‘degree or intensity’ [§42]. The ‘quarantine zone’ is a sub-section of the CCAC which consists of 37 containers of 25 square meters each. For periods ranging from two to 22 days, new arrivals are unable to leave the designated sector, let alone the CCAC in general. Given the intensity of these restrictions, it is evident that they reach the threshold of a deprivation of liberty. This conclusion is further supported by the ECtHR’s rulings, inter alia,...

...pregnant women have been unable to access basic postpartum care, as well as appropriate care during pregnancy and labor, increasing risks of sepsis and hemorrhage, as well as the need for emergency obstetric care, which is often performed without appropriate medical supplies, including anesthesia medications and infection control supplies.  Starvation also has a distinct impact on pregnant women, raising the risk of health complications during pregnancy, including adverse pregnancy outcomes, such as preterm labor, miscarriage, or stillbirths, as well as impacts on fetal development and health. Post-partum starvation can impair...

...or not yet fully developed. Discussants may include other junior academics at Yale and other authors participating in the workshop. The workshop will be held at Yale Law School on the afternoon of Friday, October 28, 2016. All participants will be expected to attend the entire workshop and to be prepared to comment on the other papers,up to a maximum of three. We are unfortunately unable to fund travel but will host a dinner in the evening. 500-700 word abstracts may be submitted by midnight Eastern Time,J uly 15, 2016...

...The movie is set in Champaner, a small village, during the British Raj. The villagers are unable to pay the annual taxes imposed by the British because a drought has destroyed their agriculture produce. The antagonist Captain Russel, head of the British cantonment, challenges the village to beat the English team in a cricket match, failing which the entire province will be charged three times their share of annual tax. If the team of villagers, led by the protagonist Bhuvan, succeed in the match, their taxes and those of entire...

...core dilemma was identified by Hannah Arendt in her treatment of forgiveness in the Human Condition in1958: ‘men are unable to forgive what they cannot punish and are unable to punish what turns out to be unforgivable’. This dichotomy still stands today. Since Nuremberg and Tokyo, there is a strong trend to recognize that the purposes of trials reach beyond retribution and vengeance. International criminal proceedings are increasingly associated with restorative features, because punishment alone has inherent limitations. Some harm may only heal with time. At the same time, certain...

...resentment towards the status quo and citizens of Panama deemed the measures a violation of human rights. The decree implied trans people would be unable to come out in public on any days of the week.  The policy implemented by the government distinctly lacked protocols to safeguard the trans community and fermented an atmosphere of panic and anxiety among the members. The members of the community were compelled to thrive without basic amenities amidst lockdown restrictions e.g. food and medicines. Human Rights advocacies from around the world have solicited support...

...conversation. He saw this man roll-up his sleeve to reveal a number that had been tattooed on his forearm. Later, Cherif’s mother explained to him that there was a “bad man” in Europe who was taking certain people, tattooing numbers on their arms, and killing them. Who were these people, and why was the “bad man” killing them, asked Cherif. Unable to reveal the full extent of the terrible truth to her young son and unable to contain her emotions, Cherif’s mother simply told him that these people were Jewish...

...and (3) processes to enable the remediation of any adverse human rights impacts they cause or to which they contribute. Facebook’s policy includes each of these elements. The area in which the Facebook policy falls short of its obligations under the UNGPs – and where it risks contributing to a system where victims of human rights violations are unable to obtain redress – is the section on the right to a remedy. Under customary international law, the right to a remedy is enjoyed by all victims of gross violations of...

...of his own Peruvian identity. He has a Peruvian name, but nobody can pronounce it, so he submissively adopts a British identity instead. The Browns – Paddington’s adopted British family – learn next to nothing about Peru throughout the original tale, despite the fact that, frustratingly, Paddington keeps repeating that he has loads to share with them. The book literally ends with Paddington unable to tell his stories because he is exhausted and falls asleep. The most Peruvian thing he does is draw a map of Peru with shaving foam...

...Mendonca.” He added that placing prisoners in stress positions is “generally accepted to be contrary to the Geneva Conventions and the law of armed conflict,” and that hoods are permitted only when necessary for security reasons. Hotel receptionist Baha Musa died in British custody after receiving 93 separate injuries during two days of relentless beatings in September 2003. Other prisoners held with him testified that they too were beaten, but were unable to identify their attackers because they had been kept hooded. One of the soldiers guarding Musa, Corporal Donald...

...government with democratic values, ​​but still unable to impose their will due to massive electoral fraud. The point which I believe to be absolutely pivotal is the fact that “we the people of United Nations” would not always be able to impose our will on the states, in spite of oppressive or despotic exercise of power by our statesmen. Ill-advisedly, there is a widely held perception that people by themselves can change their own state behavior. To be more specific, some political activists tend to simplify the complex questions such...

...to argue that waterboarding an unwilling prisoner who has no ability to stop the activity is the same. The 2005 memo noted the IG's objection along those lines. This is an obvious objection and I don't think it's defensible as an honest ommission for the 2002 memo. The whole premise of justfying the techniques because they are used in SERE training was always preposterous - SERE picked the techniques because they were forms of torture practiced by America's enemies in past wars on US POWs. This tendency to sink into...