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Article
Publication date: 12 July 2011

Philip Antino

This paper aims to consider the right created by section 8 of the Party Wall etc. Act 1996, which allows an owner of a property to enter on to an adjoining owner's…

Abstract

Purpose

This paper aims to consider the right created by section 8 of the Party Wall etc. Act 1996, which allows an owner of a property to enter on to an adjoining owner's property without their consent, while protecting the adjoining owner's legal rights. It identifies the procedures that an adjoining owner has to prevent unlawful access and to protect themselves from damages arising from the access.

Design/methodology/approach

The paper reviews the implementation of that part of the Act dealing with access, informed by the author's professional experience as a party wall surveyor.

Findings

While there is an explicit right of access on to an adjoining owner's property, the access is for works “in pursuance of the Act”. If the building owner can satisfy this criterion then the right of access is provided. If not, the access is a trespass and therefore should be dealt with as a tort in common law. The paper identifies the correct processes and factual evidence required to achieve access.

Originality/value

This paper makes a contribution to the limited existing literature and theoretical interpretations of the Party Wall etc. Act 1996. It provides a framework for considering the procedures and principles necessary to achieve a right of access, while protecting the adjoining owner rights.

Details

Structural Survey, vol. 29 no. 3
Type: Research Article
ISSN: 0263-080X

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Book part
Publication date: 26 February 2016

Brandon Nichole Wright

To identify challenges which prison inmates face in obtaining meaningful access to the courts in the absence of constitutionally mandated access to a prison law library.

Abstract

Purpose

To identify challenges which prison inmates face in obtaining meaningful access to the courts in the absence of constitutionally mandated access to a prison law library.

Methodology/approach

Beginning with a historical framework, the research explores a study of three pivotal legal cases, highlighting how the prison law library doctrine has evolved over time. Further secondary source research is conducted to illustrate the importance of the issue to the modern day inmate.

Findings

Jurisprudence of the prison law library doctrine never clearly defines what alternative measures to a prisoners right to access a library are or can be. Many decisions simply list suggestions and leave it to the correctional facility to tailor reasonable measures that work with their institution, heavily relying upon a separation of powers justification.

Research limitations/implications

The present research implicates a continuity of a lack of meaningful access to the courts to underserved communities.

Social implications

The present research provides a necessary starting point for further sociological field research into the area of prison law libraries as a Fourteenth Amendment necessity. This research illustrates a foundational flaw in providing inmates with meaningful access to courts and will educate judges and prison administrators alike about this constitutional violation.

Originality/value

Moreover, the present research provides librarians, attorneys, judges, politicians, community members, prison officials, and prison inmates with the vital information necessary to uphold the prisoners Due Process right to meaningful access to the court.

Details

Perspectives on Libraries as Institutions of Human Rights and Social Justice
Type: Book
ISBN: 978-1-78635-057-2

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Book part
Publication date: 10 November 2017

Claire Petri

This chapter analyzes the ways national, international, and library professional policies address Internet access as a human right. This includes documenting the ways…

Abstract

This chapter analyzes the ways national, international, and library professional policies address Internet access as a human right. This includes documenting the ways rural libraries fulfill their patrons’ human right to the Internet and demonstrating how Mathiesen’s (2014) framework can be used by library professionals and policymakers to ensure that people have physical, intellectual, and social access to the Web. The author’s intention is to help facilitate a more meaningful definition of access that goes beyond just providing hardware access to bridge the digital divide, but instead asserts the need for librarian assistance and technology training if we wish to allow all members of a society, without exception, to fully enjoy their human rights.

The author analyzes existing national and international policies pertaining to providing information and Internet access in rural and otherwise underserved areas, as well as precedents involving the deployment of previous information and communication technologies (ICTs) in rural areas. This segues into an analysis of barriers to rural Internet access using facets and determinants developed by Mathiesen, leading to the argument that rural librarians’ ability to help underserved populations use the Internet is essential to making Web access meaningful.

  • The United Nations (UN) has supported arguments that people have a right to information access and the technologies that support this, suggesting that Internet access is a human right.

  • The U.S. government has a history of facilitating access to ICTs in rural areas that dates back to 1934 and continues through the present.

  • Funding mechanisms that facilitate Web access in the United States focus primarily on making broadband connections, hardware, and software accessible, leaving out the essential training and assistance components that are essential to making many rural residents and other underserved persons able to actually use the Internet.

The United Nations (UN) has supported arguments that people have a right to information access and the technologies that support this, suggesting that Internet access is a human right.

The U.S. government has a history of facilitating access to ICTs in rural areas that dates back to 1934 and continues through the present.

Funding mechanisms that facilitate Web access in the United States focus primarily on making broadband connections, hardware, and software accessible, leaving out the essential training and assistance components that are essential to making many rural residents and other underserved persons able to actually use the Internet.

Scholarship on rural libraries, including some of the research in this volume, has argued that rural public libraries provide an invaluable service by offering both access to and guidance in using the Internet. While these publications commonly discuss the socioeconomic benefits of providing this access, they often treat the motivation for providing such services as self-evident. This chapter analyzes policies and legal precedents to argue that Internet access for rural residents, through public libraries and other means, is not merely a privilege that will benefit people if funded, but instead a human right that cannot be ignored.

Details

Rural and Small Public Libraries: Challenges and Opportunities
Type: Book
ISBN: 978-1-78743-112-6

Keywords

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Book part
Publication date: 14 December 2015

Paul T. Jaeger, Brian Wentz and John Carlo Bertot

This chapter explores the historical and evolving relationship between human rights, social justice, and library support of these efforts through physical and digital…

Abstract

Purpose

This chapter explores the historical and evolving relationship between human rights, social justice, and library support of these efforts through physical and digital access, as well as relevant legal frameworks.

Methodology/approach

We explore the connection between libraries, technology, human rights, and social justice. The human rights and social justice functions of libraries are descriptive of what libraries have become in the age of the Internet. Many aspects of the information and communication capabilities that are provided through Internet access have been leveraged to promote human rights and social justice throughout the world.

Findings

There is practical evidence through case studies and survey results that libraries have primarily embraced this direction through offering many individuals without Internet access or technology experience a place of physical access, education, and an ongoing atmosphere of inclusion and accessibility as society embraces an increasingly digital future. This focus on rights and justice exists within varying legal structures related to people with disabilities and to values of rights and justice. Many libraries have also created programs and services that are targeted toward online equity for people with disabilities. This proactive response regarding digital accessibility is indicative of the likelihood that there is an inclusive future for libraries and their services to the broadest of their communities.

Social implications

Highlighting this role and a motto of access for all will enable libraries to expand their significant contributions to human rights and social justice that extend beyond the traditional physical infrastructure and space of libraries.

Details

Accessibility for Persons with Disabilities and the Inclusive Future of Libraries
Type: Book
ISBN: 978-1-78560-652-6

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Article
Publication date: 10 September 2018

Danielle da Costa Leite Borges and Caterina Francesca Guidi

The purpose of this paper is to analyse the levels of access to healthcare available to undocumented migrants in the Italian and British health systems through a…

Abstract

Purpose

The purpose of this paper is to analyse the levels of access to healthcare available to undocumented migrants in the Italian and British health systems through a comparative analysis of health policies for this population in these two national health systems.

Design/methodology/approach

It builds on textual and legal analysis to explore the different meanings that the principle of universal access to healthcare might have according to literature and legal documents in the field, especially those from the human rights domain. Then, the concept of universal access, in theory, is contrasted with actual health policies in each of the selected countries to establish its meaning in practice and according to the social context. The analysis relies on policy papers, data on health expenditure, legal statutes and administrative regulations and is informed by one research question: What background conditions better explain more universal and comprehensive health systems for undocumented migrants?

Findings

By answering this research question the paper concludes that the Italian health system is more comprehensive than the British health system insofar it guarantees access free of charge to different levels of care, including primary, emergency, preventive and maternity care, while the rule in the British health system is the recovering of charges for the provision of services, with few exceptions. One possible legal explanation for the differences in access between Italy and UK is the fact that the right to health is not recognised as a fundamental constitutional right in the latter as it is in the former.

Originality/value

The paper contributes to ongoing debates on Universal Health Coverage and migration, and dialogues with recent discussions on social justice and welfare state typologies.

Details

International Journal of Human Rights in Healthcare, vol. 11 no. 4
Type: Research Article
ISSN: 2056-4902

Keywords

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Article
Publication date: 6 March 2017

Theresa Alfaro-Velcamp

Asylum seekers, refugees and immigrants’ access to healthcare vary in South Africa and Cape Town due to unclear legal status. The purpose of this paper is to shed light on…

Abstract

Purpose

Asylum seekers, refugees and immigrants’ access to healthcare vary in South Africa and Cape Town due to unclear legal status. The purpose of this paper is to shed light on the source of this variation, the divergence between the 1996 South African Constitution, the immigration laws, and regulations and to describe its harmful consequences.

Design/methodology/approach

Based on legal and ethnographic research, this paper documents the disjuncture between South African statutes and regulations and the South African Constitution regarding refugees and migrants’ access to healthcare. Research involved examining South African jurisprudence, the African Charter, and United Nations’ materials regarding rights to health and health care access, and speaking with civil society organizations and healthcare providers. These sources inform the description of the immigrant access to healthcare in Cape Town, South Africa.

Findings

Asylum-seekers and refugees are entitled to health and emergency care; however, hospital administrators require documentation (up-to-date permits) before care can be administered. Many immigrants – especially the undocumented – are often unable to obtain care because of a lack of papers or because of “progressive realization,” the notion that the state cannot presently afford to provide treatment in accordance with constitutional rights. These explanations have put healthcare providers in an untenable position of not being able to treat patients, including some who face fatal conditions.

Research limitations/implications

The research is limited by the fact that South African courts have not adjudicated a direct challenge to being refused care at healthcare facility on the basis of legal status. This limits the ability to know how rights afforded to “everyone” within the South African Constitution will be interpreted with respect to immigrants seeking healthcare. The research is also limited by the non-circulation of healthcare admissions policies among leading facilities in the Cape Town region where the case study is based.

Practical implications

Articulation of the disjuncture between the South African Constitution and the immigration laws and regulations allows stakeholders and decision-makers to reframe provincial and municipal policies about healthcare access in terms of constitutional rights and the practical limitations accommodated through progressive realization.

Social implications

In South Africa, immigration statutes and regulations are inconsistent and deemed unconstitutional with respect to the treatment of undocumented migrants. Hospital administrators are narrowly interpreting the laws to instruct healthcare providers on how to treat patients and whom they can treat. These practices need to stop. Access to healthcare must be structured to comport with the constitutional right afforded to everyone, and with progressive realization pursued through a non – discriminatory policy regarding vulnerable immigrants.

Originality/value

This paper presents a unique case study that combines legal and social science methods to explore a common and acute question of health care access. The case is novel and instructive insofar as South Africa has not established refugee camps in response to rising numbers of refugees, asylum seekers and immigrants. South Africans thus confront a “first world” question of equitable access to healthcare within their African context and with limited resources in a climate of increasing xenophobia.

Details

International Journal of Migration, Health and Social Care, vol. 13 no. 1
Type: Research Article
ISSN: 1747-9894

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Article
Publication date: 1 April 2003

Georgios I. Zekos

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination…

Abstract

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Details

Managerial Law, vol. 45 no. 1/2
Type: Research Article
ISSN: 0309-0558

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Book part
Publication date: 26 February 2016

Joachim Schöpfel

How do students comment on ethical principles, which principles are important for their awareness of librarianship, how do they understand the relevance of human rights

Abstract

Purpose

How do students comment on ethical principles, which principles are important for their awareness of librarianship, how do they understand the relevance of human rights for their future work?

Methodology/approach

The case study presents the results of a lecture on information rights and ethics with 50 Master students in library and information sciences (LIS) at the University of Lille (France) in 2014–2015. Students were asked to comment on the core principles of the International Federation of Library Association (IFLA) Code of Ethics.

Findings

The students see the library as a privileged space of access to information, where the librarian takes on the function of a guardian of this specific individual freedom—a highly political role and task. This opinion is part of a general commitment to open access and free flowing resources on Internet. They emphasize the social responsibility toward the society as a whole but most of all toward the individual patron as a real person, member of a cultural community, a social class or an ethnic group. With regard to Human Rights, the students interpret the IFLA Code mainly as a code of civil, political, and critical responsibility to endorse the universal right of freedom of expression. They see a major conflict between ethics and policy. The findings are followed by some recommendations for further development of LIS education, including internship, transversality, focus on conflicts and the students’ cognitive dissonance and teaching of social skills, in terms of work-based solidarity and collective choices.

Originality/value

The chapter is qualitative research based on empirical data from a French LIS Master program.

Details

Perspectives on Libraries as Institutions of Human Rights and Social Justice
Type: Book
ISBN: 978-1-78635-057-2

Keywords

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Book part
Publication date: 13 March 2019

David Balgley

Since 1969, the Moroccan government has worked to convert irrigated collective land in the Gharb region into individual freehold tenure through cadastral, registration…

Abstract

Since 1969, the Moroccan government has worked to convert irrigated collective land in the Gharb region into individual freehold tenure through cadastral, registration, and titling processes. The first titles were issued in 2017, the same year that a new compact between the Government of Morocco and the Millennium Challenge Corporation, a US foreign aid agency, entered into force to develop a streamlined privatization process for collective lands. In this chapter, I adopt the analytic of assemblage to investigate the historical construction of administrative frameworks, material landscapes, and systems of practice governing access to collective land. I assert that the shifting arrangements of sociomaterial relations related to collective land access in the Gharb have continuously assembled new practices of land access legible to state and market actors at a wider scale. This legibility was produced by administrative reforms and the deployment of new forms of knowledge production in the form of cadastral maps and titles deeds, which have worked to formalize and individualize access to collective land in the Gharb. The logic of legibility smooths the contradictions between the diverse objectives of state actors, including rural development to improve economic livelihoods, pursuit of a neoliberal development strategy focused on commodification and marketization of land, and the evolution of a patronage system that exchanges economic gain for political support.

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Book part
Publication date: 16 September 2014

Carolyn K. Lesorogol

This paper analyzes changes in property rights, land uses, and culturally based notions of ownership that have emerged following privatization of communal land in a…

Abstract

Purpose

This paper analyzes changes in property rights, land uses, and culturally based notions of ownership that have emerged following privatization of communal land in a Samburu pastoralist community in Northern Kenya. The research challenges the strict dichotomy between private and collective rights often found in property rights literature, which does not match empirical findings of overlapping and contested rights.

Design/methodology/approach

Part of a long-term ethnographic project investigating the process of land privatization and its outcomes, this paper draws on in-depth interviews and participant observation conducted by the author in Samburu County in 2008, 2009, and 2010. Interviews focused on how land is being used post-privatization as well as emerging social norms regulating its use.

Findings

Privatization privileges male household heads with powers including rental, sale, and bequeathal of land. However, informal rights to land extend to women and other household members. Exercise of legal rights is frequently limited due to knowledge and resource gaps. New rules regulating land use have emerged, some represent sharp divergences from past practice while others support shared access to land. These changes challenge Samburu cultural notions of individuality, reciprocity, and shared responsibility.

Practical implications

This research illuminates complex changes following legal shifts in property rights and demonstrates the interactions between formal laws and informal social norms and cultural beliefs about land. The result is that privatization does not have easily predictable outcomes as some theories of property would suggest.

Originality/value

Empirical investigation of the effects of legal changes enables fuller understanding of the implications of policy changes that many governments are pursuing privatization with limited understanding of the likely effects.

Details

Production, Consumption, Business and the Economy: Structural Ideals and Moral Realities
Type: Book
ISBN: 978-1-78441-055-1

Keywords

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