State duties of protection and fundamental rights

Duties of protection are duties of the state to protect certain legal interests of its citizens. They cover the interests of life, health, freedom and property and also protect some other interests and certain constitutionally recognised institutions. State duties of protection must be considered in connection with fundamental rights. The foundations of modern constitutionalism and attendant procedures are essential to develop guidelines for a constructive critique of the jurisprudence of the Constitutional Court. This is done with reference to the recent history of France, Germany and England. The historical excursus reveals that a single theory underlies the variety of constitutional states. The development of the constitutional state gave rise to the significance of the preservation of freedom through the maintenance of law and the separation of powers. This has given rise to various legal devices, based also in part on experience with moderate rule and earlier theories of the imperium limitatum. A textual analysis of the German Basic Law is undertaken to determine whether and how the duties of protection are expressly created. Furthermore, the duties that have been discovered in the Basic Law by the Federal Constitutional Court are considered. These duties include the protection of human life and health, personal freedom, the right to autonomous development of one's personality, freedom of science, research and teaching, marriage and the family, children, mothers, professional freedom, property and the protection of German nationals against foreign states. Finally the justification of such duties and the constitutional control of the manner of protection are considered. In a final section a critique of relevant constitutional jurisprudence is undertaken. It is argued that claims to protection cannot be directly binding law. They presuppose legislation. If statutory protection is connected with infringements of third-party fundamental rights, the principle of proportionality can be adopted to test whether the protection is effective. Insofar as protection can be achieved without infringements of rights, one must attempt to test the effectiveness of protection by some other means. Where the legislature omits to protect at all, the court should limit itself to establishing the existence of a duty and to querying its non-fulfilment. The Court may not pass protective regulations or impose a duty to pass specific regulations. Where general statutory norms apply, protective duties can be realised through the so-called indirect third-party effect of fundamental rights. In its reaching its decision, the German Federal Constitutional Court is responsible for preserving the political discretion of the legislature in protecting interests and remembering the structural distinction between "hard" defensive rights and "soft" protective duties in order to prevent the erosion of the directly binding nature of defensive rights

Comparison of Three Salivary Collection methods to Assess Physiological Markers.

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Volumetric performance capture from minimal camera viewpoints

We present a convolutional autoencoder that enables high fidelity volumetric reconstructions of human performance to be captured from multi-view video comprising only a small set of camera views. Our method yields similar end-to-end reconstruction error to that of a probabilistic visual hull computed using significantly more (double or more) viewpoints. We use a deep prior implicitly learned by the autoencoder trained over a dataset of view-ablated multi-view video footage of a wide range of subjects and actions. This opens up the possibility of high-end volumetric performance capture in on-set and prosumer scenarios where time or cost prohibit a high witness camera count

Spectral evolution and polarization of variable structures in the pulsar wind nebula of PSR B0540-69.3

We present high spatial resolution optical imaging and polarization observations of the PSR B0540-69.3 and its highly dynamical pulsar wind nebula (PWN) performed with HST, and compare them with X-ray data obtained with the Chandra X-ray Observatory. We have studied the bright region southwest of the pulsar where a bright "blob" is seen in 1999. We show that it may be a result of local energy deposition around 1999, and that the emission from this then faded away. Polarization data from 2007 show that the polarization properties show dramatic spatial variations at the 1999 blob position arguing for a local process. Several other positions along the pulsar-"blob" orientation show similar changes in polarization, indicating previous recent local energy depositions. In X-rays, the spectrum steepens away from the "blob" position, faster orthogonal to the pulsar-"blob" direction than along this axis of orientation. This could indicate that the pulsar-"blob" orientation is an axis along where energy in the PWN is mainly injected, and that this is then mediated to the filaments in the PWN by shocks. We highlight this by constructing an [S II]-to-[O III]-ratio map. We argue, through modeling, that the high [S II]/[O III] ratio is not due to time-dependent photoionization caused by possible rapid Xray emission variations in the "blob" region. We have also created a multiwavelength energy spectrum for the "blob" position showing that one can, to within 2sigma, connect the optical and X-ray emission by a single power law. We obtain best power-law fits for the X-ray spectrum if we include "extra" oxygen, in addition to the oxygen column density in the interstellar gas of the Large Magellanic Cloud and the Milky Way. This oxygen is most naturally explained by the oxygen-rich ejecta of the supernova remnant. The oxygen needed likely places the progenitor mass in the 20 - 25 Msun range.Comment: Accepted by MNRAS on December 6th 2010, 18 pages, 15 figures. The article with full resolution figures is available here ftp://ftp.astro.su.se/pub/peter/papers/pwn0540_2010_corrected.pd

The application of a Trous wave filtering and Monte Carlo analysis on SECIS 2001 solar eclipse observations

8000 images of the Solar corona were captured during the June 2001 total Solar eclipse. New software for the alignment of the images and an automated technique for detecting intensity oscillations using multi scale wavelet analysis were developed. Large areas of the images covered by the Moon and the upper corona were scanned for oscillations and the statistical properties of the atmospheric effects were determined. The a Trous wavelet transform was used for noise reduction and Monte Carlo analysis as a significance test of the detections. The effectiveness of those techniques is discussed in detail.Comment: 17 pages, 8 figures, accepted by Solar Physics Journal for publication in Topical Issue: "Frontiers in Solar Image Processing