Sentences with phrase «where charter rights»

Still, framing the duty of commitment as a principle of fundamental justice is an important statement of policy that will no doubt inform the common law and statutory interpretation even where Charter rights are not in issue.

Where Charter rights of prisoners to dignity and security of their persons conflict with the Charter right of female employees to equality of opportunity, it is necessary to balance the competing interests involved under s. 1 rather than having one set of rights override the other by virtue of s. 15 (2).

Where Charter rights conflict, however, higher courts may be called upon — and Grey says he's prepared to take this case to the highest one in the land.

Not exact matches

And then the center of the action shifted to Czechoslovakia, where more than 200 courageous writers and priests and physicists had signed a 1977 charter of human rights that landed many of them in jail or got them booted out of their jobs.

[2] He noted that while the Charter protected the privacy rights of the challengers he did not see similar rights for those searching for information saying»... this is not a case where we have competing Charter - protected rights.

As a result of discussions and an agreement among the parties, the UFT has been assured that Klinsky and Victory is supportive of the rights of teachers to organize into a union and to bargain collectively in charter schools where Victory provides management and support services.

The AU Committee of Experts seeks to promote and protect the rights enshrined in the Charter particularly; collect and document information, commission inter disciplinary assessment of situations on African problems in the fields of the rights and welfare of the child, organize meetings, encourage national and local institutions concerned with the rights and welfare of the child and where necessary, give its views and make recommendations to Government.

«Charter schools are straddling the fence, on both sides, to make sure they have an advantageous legal position where it is harder to get them,» sad Evan Lange, a Dallas workers» rights attorney who recently lost a case to an area charter Charter schools are straddling the fence, on both sides, to make sure they have an advantageous legal position where it is harder to get them,» sad Evan Lange, a Dallas workers» rights attorney who recently lost a case to an area charter charter school.

That's right — in Buffalo, Rochester, Albany, and all the NYC CSDs where there are charters, fewer than 20 percent of district schools are able to comply with the enrollment targets using the current methodology for FRPL, ELL and Special Education.

At the crux of the matter we became charter school supporters and advocates because we believed in a system where quality education choices were available to all students, not just those fortunate enough to afford tuition or live in the right neighborhood.

Students earn the right to attend a charter school through a lottery; where they live is not a factor.

You can find a charter in a mall right near a Burger King, where students as young as 12 meet their «teacher on demand.»

During the discussion of the vote, Weingarten said, «We can't have what is happening in Detroit right now, where entities like the DeVos family and the Koch brothers are trying to use charters to kill off public schools.»

A 2016 study by UCLA Civil Rights Project found that nearly 50 percent of black secondary students attending a charter school were enrolled in schools where the suspension rate for black students was about 25 percent.

«It doesn't say we need to abolish charter schools but we need to reevaluate where we are with charter schools right now.»

To us, these charter schools offer the right approach because, according to extensive research, students have a better chance of building deep knowledge and honing critical - thinking skills in schools where teachers have voice and student bodies are integrated.

According to a 2010 study by the Civil Rights Project, for example, almost half of low - income students in charter schools attended schools where more than 75 percent of students were low income, compared with about a third of low - income students in traditional public schools.

So between this summer's news and now, there was ample time for individuals and organizations that promote charter schools — often with the statement that they constitute «the civil rights cause of our time» — to consider where they may have gone wrong.

While legislation may be brought forward at the federal level to create new student voucher programs, given that California's vibrant and growing charter school sector affords parents their fundamental right to choose where their students go to school, we believe that vouchers would be at odds with the needs of California's public school system, and we will work actively to resist them from being forced upon our state.

Our state education funding formula provides the access to that right through the «per pupil entitlement» and parents choose where they will exercise that right by sending their kids to either a district or charter public school.

I've coauthored law review articles where we discuss extensively how the charter school industry claims it is «private» when dealing with questions of employee rights, student discipline policies, student handbooks, or contracts, and «public» in other respects.

But when I read that the city was accusing charter schools of traffic, I immediately recognized this an argument where both sides are right.

According to research released in 2010 by professor Gary Orfield of the Civil Rights Project at the University of California, Los Angeles, 70 percent of black charter school students attend a school where the bulk of their peers are also minorities — compared to 40 percent in traditional public schools.

The typical black charter - school student attends a campus where nearly three in four students also are black, researchers with the Civil Rights Project at UCLA said Thursday.

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In its judgment of 26 February 2013, the CJEU responded to the first two questions in the affirmative, and clarified that Article 53 of the Charter only allows national authorities to apply higher standards of protection of fundamental rights where an EU legal act calls for national implementing measures, but not where, as in this case, the EU legal act harmonises the law between the Member States.

The order contained three questions: (i) whether Article 4a (1) FD must be interpreted as prohibiting Member States from making the execution of an EAW subject to the possibility of retrial in cases where a conviction has been rendered in absentia; (ii) whether Article 4a (1) FD is valid in light of Articles 47 and 48 of the EU Charter of Fundamental Rights; and (iii) whether, under Article 53 of the Charter, it can grant a higher level of protection than that provided for under EU law.

Charter of Rights: The father and mother were married in Canada and moved to Germany a year later, where their children were born as Canadian citizens.

This right played a key role in seminal judgments of the CJEU such as Schecke and Eifert, where for the first time a provision of secondary legislation was annulled for incompatibility with the Charter, and in Digital Rights Ireland (discussed earlier on this blog), where for the first time an entire Directive was annulled on the same grounds.

Earlier this week, departing Ontario ombudsman Andre Martin stated in a report, «Stopping citizens without an objective an reasonable basis for believing that they may be implicated in a recent or ongoing criminal offence, or where there are reasonable and probably grounds to arrest them, is unconstitutional — it's a form of arbitrary detention contrary to section 9 of the Canadian Charter of Rights and Freedoms.»

An officer is violating Section 8 of the Charter of Rights, the right to be free from unreasonable search and seizure, in the event where they enter the domicile without permission of the resident, or they refuse to leave after the resident revokes the invitation.

United Nations Convention on the Rights of the Child 1989, Art 12 (by which UK will still be bound, so far its provisions are enforceable) is in similar terms to Art 23 of the Charter as to a child's right to be heard in «judicial proceedings», and where that child is capable of forming his or her own views.

21 Since the fundamental rights guaranteed by the Charter must therefore be complied with where national legislation falls within the scope of European Union law, situations can not exist which are covered in that way by European Union law without those fundamental rights being applicable.

29 That said, where a court of a Member State is called upon to review whether fundamental rights are complied with by a national provision or measure which, in a situation where action of the Member States is not entirely determined by European Union law, implements the latter for the purposes of Article 51 (1) of the Charter, national authorities and courts remain free to apply national standards of protection of fundamental rights, provided that the level of protection provided for by the Charter, as interpreted by the Court, and the primacy, unity and effectiveness of European Union law are not thereby compromised (see, in relation to the latter aspect, Case C - 399 / 11 Melloni [2013] ECR I - 0000, paragraph 60).

The Court has also had occasion to explain that, construed in the light of that case - law and of the explanations relating to Article 51 of the Charter, the fundamental rights guaranteed by the Charter must be respected where national legislation falls within the scope of EU law.

Not to mention both the long - standing and more recent developments in the Middle East, where «friendly relations among nations based on respect for the principle of equal rights and self - determination of peoples» and «universal peace» (Article 1 (2) UN Charter) remain terms with a fantastic, unworldly ring to them.

«This is an urgent case,» Rosenberg adds, «where there are real people, in conditions we say breach their Charter rights...»

Indeed, the values in section 15 — the equality rights section of the Charter — have been a factor in changing the face of the Court where judges — women and men of diverse backgrounds and racial groups — not only preside but feel welcome and respected.

Firstly, the Supreme Court in Mentuck held that once information has entered the public domain of the courtroom, access to disseminate this information should be denied only where its publication would present a real and substantial risk to the proper administration of justice (e.g. a risk to the accused's section 11 (d) Charter right to a fair trial), and where the salutary effects of denying access outweigh the deleterious effects.

(i) where there is a breach of a right afforded under EU law, article 47 of the Charter is engaged; (ii) the right to an effective remedy for breach of EU law rights provided for by article 47 embodies a general principle of EU law; (iii)(subject to exceptions which have no application in the present case) that general principle has horizontal effect; (iv) in so far as a provision of national law conflicts with the requirement for an effective remedy in article 47, the domestic courts can and must disapply the conflicting provision; and (v) the only exception to (iv) is that the court may be required to apply a conflicting domestic provision where the court would otherwise have to redesign the fabric of the legislative scheme.

And when the time comes to reassess whether a particular right is now found somewhere in the Charter, prior judicial precedent will invariably be disregarded where it has fallen out of fashion.

In circumstances where cases exceed the 18 months ceiling, it has been found that the accused's rights under section 11 (b) of the Canadian Charter of Rights and Freedoms («Charter») have been violated and a stay of proceedings may be granted, except under «exceptional circumstances&rrights under section 11 (b) of the Canadian Charter of Rights and Freedoms («Charter») have been violated and a stay of proceedings may be granted, except under «exceptional circumstances&rRights and Freedoms («Charter») have been violated and a stay of proceedings may be granted, except under «exceptional circumstances».

Justice McDougall made short work of the ex parte procedure in para. 157 where he stated: ``... [T] he reality is that while the respondent waits for the opportunity to be heard at a de novo hearing, his or her Charter - protected rights and freedoms will continue to be infringed upon.

Quite apart from the general question whether all fundamental rights lend themselves to being the subject of interpretations varying from one legal system to another, the fact remains that there is one area where, by virtue of Article 52 § 3 of the Charter of Fundamental Rights, EU law has itself limited the scope of its autonomy, namely as regards those rights which the Charter has borrowed directly from the Converights lend themselves to being the subject of interpretations varying from one legal system to another, the fact remains that there is one area where, by virtue of Article 52 § 3 of the Charter of Fundamental Rights, EU law has itself limited the scope of its autonomy, namely as regards those rights which the Charter has borrowed directly from the ConveRights, EU law has itself limited the scope of its autonomy, namely as regards those rights which the Charter has borrowed directly from the Converights which the Charter has borrowed directly from the Convention.

By contrast, where international human rights norms are considered «relevant and persuasive,» they may simply be among the matrix of factors that the court might consider helpful in the course of resolving issues involving the content of specific Charter rights and freedoms.

[118] As I have found that decision to have infringed the Applicants» Charter rights and have concluded that the Committee's finding that the Applicants» conduct constituted non-academic misconduct for which they should be disciplined constituted an unreasonable decision, I am of the view that the Review Committee's decision should be quashed and that this is not a case where the matter need be referred to the Board of Governor's Student Discipline Review Committee to consider an appeal from that decision.

«It is untenable that the infringement of Charter rights is open to debate, in secret proceedings where only the government is represented.

This is in with Article 52 (3) of the Charter which states that where there are corresponding Charter and Convention rights, the Charter right will have same meaning and scope as the Convention right, subject to EU law potentially granting a higher level of protection.