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    Respuestas del Estado peruano frente al crimen organizado en el siglo XXI
    (Universidad Icesi, 2020-05-01)
    The fight against organized crime has become one of the priorities of the Peruvian State's criminal policy. As a result, the Peruvian government has approved different measures to control this phenomenon. The aim of this paper is to describe, from a theoretical and empirical approach, the overall picture of the manifestations of organized crime in Peru and the State's responses to control it. In this context, it is proposed to identify the existence, or not, of sufficient elements to configure an efficient general policy against organized crime. In order to do so, a legislation and records review was carried out, which allows to critically assess the progress and challenges of the State's responses to face and sustain a more efficient policy of control and fight against criminal organizations in Peru.
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    How the European Citizens’ Initiative ‘Water and Sanitation is a Human Right!’ Changed EU Discourse on Water Services Provision
    (Utrecht University Library Open Access Journals (Publishing Services), 2020-01-01)
    In 2010 the United Nations General Assembly recognized the human right to water and sanitation in what is seen as a historical vote by water activists. Implementation of the right to water is imperative to achieve sustainable development. In 2011 the regulation for a European Citizens’ Initiative (ECI) entered into force in the European Union. With such an initiative it is possible to propose an issue for European legislation by collecting one million signatures from citizens in at least seven Member States. The European federation of trade unions in the public services sector (EPSU) decided to take up the challenge to organise such an ECI and formed a diverse coalition of organisations and water activists that became known as ‘Right2Water.’ Their proposal was ‘to implement the human right to water and sanitation in European law.’ Although it was successful in achieving the required number of supporters, the European Commission answered that implementation of the human right to water was to be left to Member States and that there was no need to change existing legislation. The Right2Water movement aimed not as much to change legislation but more to challenge EU neoliberal policies and shift them from a ‘market approach’ to a ‘rights-based approach.’ This chapter looks at the factors that contributed to the success of ‘Right2Water,’ how the ideological debate around the human right to water took place during the campaign and the impact it had on EU discourse as well as on EU water policy.
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    The Cartagena Refugee Definition and Venezuelan Displacement in Latin America 1
    (Wiley, 2020-12-02)
    Abstract The displacement of Venezuelan citizens represents an important test for Latin American refugee policies. In mid‐2020, over 5 million people in need of international protection had left Venezuela, and there have been repeated calls for their recognition as refugees. Although fifteen countries in Latin America have included the refugee definition of the Cartagena Declaration into their domestic laws, only Mexico and Brazil have applied this definition to Venezuelan citizens. After a brief discussion of the history and scope of the Cartagena Declaration refugee definition and its incorporation into domestic legislation across Latin America, in this article, we provide a systematic legal analysis of its applicability to Venezuelan displacement. We conclude with policy recommendations and suggestions for further research.
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    Park typology and legislation
    (Springer International Publishing, 2021-01-01)
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    Interview article: water movements’ defense of the right to water. From the European arena to the Dutch exception
    (Taylor and Francis Ltd., 2021-01-01)
    In 2012 public service trade unions and water activists started a European Citizens’ Initiative to get the human right to water implemented in European law. It became the start of the “Right2Water” movement that successfully defended drinking water supply in the European Union against European Commission plans for liberalisation, marketisation and the subsequent threat of privatisation. In countries with a good functioning public water system, resistance against privatisation of water was high, especially in Germany, Austria and Belgium, but surprisingly this level of resistance was absent in the Netherlands, which has a similarly good and well-known public water supply system. In this article we interview two persons that have both experience in European as well as in the Netherlands’ water policies and legislation, and in water services provision. We investigate how the right to water is defined, legally decreed and socially interpreted and defended at different levels. We also investigate the apparent paradox with regards to water in the Netherlands, where people seemed very committed to and proud of their public water management, but did not stand up against a privatisation threat, whereas around the globe water privatisation plans are met with great resistance.
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    Benefit corporations in the Peruvian legal ecosystem
    (Springer International Publishing, 2022-01-01)
    In 2020, Peru became the third country in Latin America to adopt the benefit corporation model into its legal system, following its neighbors, Colombia and Ecuador, in proposing a legal model to identify purpose-driven companies. The Peruvian “sociedad de beneficio e interés colectivo” or a BIC company has not only been influenced by the U.S. Model Benefit Corporation Legislation but also by its legal exports, such as the Italian società benefit, the Colombian BIC law, and the Argentinean BIC draft bill. The Peruvian benefit corporation legal ecosystem consists of several newly approved legal documents, such as the law itself, its regulation, and the related reporting guidelines. The law allows the corporate models regulated by the Corporate Act to include three main features: (i) a specific social and environmental purpose in the bylaws; (ii) higher duties and protection for managers and directors; and (iii) transparency and reporting requirements. Additionally, the law grants supervisory power to the Peruvian Competition Authority and oversight of the legal ecosystem to the Peruvian Ministry of Industry. The regulations and reporting guidelines detail these three main features, particularly regarding the companies’ purpose and the transparency and reporting requirements. Only a year after the introduction of the BIC legal ecosystem in Peru, there is an on-going public-private effort to implement the law widely for corporations to actively contribute to the Sustainable Development Goals.
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    A 32-Year Analysis of Occupational Safety and Health in Ecuador: Regulatory Impact on Workplace Morbidity and Mortality
    (2025-01-30)
    Background: This study analyzed the evolution of work-related injuries and fatalities in the Republic of Ecuador from 1990 to 2022 using a time-series trend analysis, with the secondary objective of assessing the impact of public policies. Methods: The data were obtained from the administrative records of the Ecuadorian Social Security Institute and categorized into six periods based on the introduction of legal frameworks regulating social security. Epidemiological indicators, including morbidity, mortality, and lethality rates, were calculated using the working population insured and protected by General Insurance for Occupational Risk. Results: The results showed that between 1990 and 2022, 269,969 work-related injuries were classified, of which 2% were fatal (5,352 deaths). The overall morbidity rate remained stable, whereas the overall mortality and case fatality rates exhibited significant declining trends. Conclusion: Trend variations and significant differences between periods were observed for each indicator. Despite efforts to improve OSH in Ecuador, the lack of a consistent downward trend highlights the regulatory framework's limited effectiveness. The findings suggest the need for a more in-depth analysis to explain the factors underlying the differential effects between periods and the establishment of a robust national OSH policy aligned with ILO Conventions No. 155 and No. 187 to promote a proactive safety culture.
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