77 research outputs found

    La protezione dei minori non accompagnati nel diritto internazionale

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    Il contributo esamina le norme internazionali applicabili ai minori non accompagnati. Sebbene non vi siano molte norme specifiche in materia, numerose disposizioni riguardanti i diritti umani in generale e quelli dei minori in particolare sono applicabili a quelli non accompagnati. Qualsiasi regola pertinente è comunque soggetta al principio "supremo" dell'interesse superiore del minore

    Freewheeling and Provocative: Why Using Pre-established Criteria for Settling Culturally-based Human Rights Disputes Is Impracticable

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    While human rights reclaim universalism, the concrete expectations arising from them are in many cases determined by the cultural specificity of the people concerned. The fact of trying – to the extent possible – to meet these expectations is an imperative inherent in human rights, for the reason that the main aspiration of the latter is to guarantee their own effectiveness, which translates into a requirement that they are guaranteed on the basis of effective equality. But effective equality inescapably requires that different situations are treated differently. This is the reason why the search for objective pre-determined criteria aimed at settling culturally-determined human rights controversies, as well as at establishing whether a given cultural practice is compatible with human rights standards, is impracticable. In fact, in such cases the solution may only be determined on a case-by-case basis, through balancing the different rights at stake with each other and ascertaining (to the extent possible) which of them is to be attributed more weight in each concrete case

    AI-based Data Preparation and Data Analytics in Healthcare: The Case of Diabetes

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    The Associazione Medici Diabetologi (AMD) collects and manages one of the largest worldwide-available collections of diabetic patient records, also known as the AMD database. This paper presents the initial results of an ongoing project whose focus is the application of Artificial Intelligence and Machine Learning techniques for conceptualizing, cleaning, and analyzing such an important and valuable dataset, with the goal of providing predictive insights to better support diabetologists in their diagnostic and therapeutic choices.Comment: The work has been presented at the conference Ital-IA 2022 (https://www.ital-ia2022.it/

    Legal Opinion on the Authority of the Council of Regency of the Hawaiian Kingdom

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    This legal opinion has been written for purposes of public awareness and clarification of the authority of the Council of Regency of the Hawaiian Kingdom and of its working relationship with the US administration

    The interface of human rights law and international humanitarian law in the regulation of private military and security companies

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    The typical functions of private military and security companies (PMSCs) are designed to operate in the context of situations of crisis, which mostly take place in the event of armed conflicts. International humanitarian law (IHL) plays therefore a particularly significant role in regulating the activities of PMSCs. In playing this role, however, IHL interacts with international human rights law (HRL) to a very strict extent. While it is commonly held that HRL and IHL represent two distinct legal regimes, their strict interrelation is evident both in light of their common purpose and of the formulation and content of most of their provisions. According to the International Court of Justice, in the event of armed conflict both HRL and IHL find application, but IHL, being specifically designed to regulate the conduct of fighting, is to be considered as lex specialis. This does not prevent, however, that the most fundamental rules of HRL apply in any case, even if the relevant situations they regulate might also be covered by other rules of international law, including IHL. IHL must therefore conform with the fundamental rules of IHR, according to the principle of complementarity. Nevertheless, this operation may be hardly translated into practice with respect to certain specific rights, particularly the fundamental right to life. This problem has been extensively addressed in the recent practice of the monitoring bodies established by regional human rights instruments, according to which basic human rights fully apply also in the event of armed conflict, and IHL remains an interpretative tool for better defining the scope of application of those rights

    The African System for the Protection of Human and Peoples’ Rights: Pan-Africanism, Solidarity and Rights

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    The contribution discusses the specificity of the African understanding of Human Rights and how this has been translated into practice by the African Commission on Human and Peoples' Rights

    Assistance by Peacekeeping Forces to Protection of Cultural Heritage and International Criminal Responsibility

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    The chapter deals with the contribution of UN peacekeeping forces in the context of the protection of cultural heritage in areas where armed conflicts take place or that are characterized by political instability. It also examines the contribution which may be provided by such forces in favouring prosecution of the individuals author of international crimes against cultural heritage

    Status di rifugiato, protezione umanitaria e prove atipiche. Un’interessante sentenza della Corte d’Appello di Bari

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    Studio di una sentenza della Corte d'Appello di Bari che si occupa dell'utilizzo di prove atipiche nell'esame di una domanda per il riconoscimento dello status di rifugiato
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