Privacy Day 2019

               Tomorrow, 28th of January, in Europe and in North America is celebrated the vital right to privacy. All over the world they understand the importance of privacy to a dignified life, to autonomy, to security, to a life without harm, bullying, unjustified annoying, drag and intrusive situation. This post is a summary of four articles. The first was published with the incomplete title above at https://staysafeonline.org/event/data-privacy-day-2019-new-era-privacy/.  The second was published at  https://www.forbes.com/sites/taylorarmerding/2019/01/23/national-data-privacy-day-is-wishful-thinking/#56529b711128. The third was published at  https://www.sunyopt.edu/offices/its/infosec/dpd. The fourth was published at  https://www.coe.int/en/web/data-protection/data-protection-day#{%2220421407%22:[0]}

                Data Privacy Day is an international effort held annually on January 28 to create awareness about the importance of respecting privacy, safeguarding data and enabling trust. This year, Data Privacy Day will spotlight the value of information. Whether you are an individual looking to better manage your privacy and how your data is collected and shared, or a business collecting , using and storing that information, remember: Personal information is like money. Value it. Protect it. The technology landscape is rapidly changing and is forging a new era in privacy. 

                You have to have a supreme sense of irony, or be in major denial, to call Monday, January 28, Data Privacy Day. Given the current state of big data collection and "sharing" (selling) by online giants and tech com, combined with the power of artificial intelligence (AI) to draw intrusive inferences about us from all that data, it would be much more accurate to call it Privacy is Dead Day. Or Lack of Privacy Day. Because the modern threats to privacy are not just that your credit card or bank account could get compromised. It is that your life, everything about your life, can be collected and analyzed by companies, governments, groups and even individuals in a way that, collectively, starts to sound very much like Big Brother. "All the inferences about my pay, sexual preferences, friends, political affiliations, travel plans, vacation thoughts, infidelities, and so on and on are way more invasive than the standard name, social security number, credit card number, etc. invasions," said Sammy Migues, principal scientist at Synopsys. Yes, we have been talking about big data and AI for more than a decade but, as Migues noted, they are now at a scale that "many companies and government agencies can broadcast private about an individual or organization almost anyone." Andrew Burt, chief privacy officer and legal engineer at Immuta, made much the same point recently in the Harvard Business Review. While "unauthorized access to our data used to pose the biggest danger to our digital selves," he wrote, the biggest risk now is the threat of "unintended inferences" made possible by AI and machine learning (ML). Actually, most of the inferences he mentioned don't seem unintended. He wrote that "researchers used machine learning techniques to identify authorship of written text based simply on patterns in language. Which was obviously intended. And of course, the same techniques could be used, as Migues said, to get accurate inferences about political learnings and much more intimate details about things like health, habits and preferences. There are increasing, and increasingly vocal, demands to reign in what for years now has been termed a a "golden age of surveillance." Enough so that it might seem like you could call this coming Monday Reclaim Our Privacy Day. Indeed, the outrage extends well beyond last year's Facebook/Cambridge Analytical scandal and the somewhat cathartic theater of every TV news channel showing Facebook CEO Mark Zuckerberg being figuratively frog-marched before congressional committees for some rhetorical flogging after the social media giant sold data on 87 million or so of its users to the now defunct British data analytics company. Reportedly, The Federal Trade Commission is getting ready to hit Facebook with a fine of more than $22.5 million it levied on Goggle for privacy violations. But in just past few weeks, there has been another explosion of demands that companies stop collecting data on people without their awareness or permission. Apple CEO Tim Cook declared earlier this month in Time magazine that the problem is "solvable" that it is possible to "tostrip identifying information from customer data or avoid collecting it in the first place," to let users know what data is being collected about them and why, to give them access to that data, to correct or delete it, and to make sure what data is held is secure. A recent investigation showed that some tech companies, including T-Mobile, AT&T and Sprint, were selling location data on their customers that could end up in the hands of private entities "ranging from cars salesmen and property managers to bail bondsmen and bounty hunters." 

              Held every year on January 28, commemorates the 1981 signing of convention 108, the first legally binding international treaty dealing with privacy and data protection. Launched in Europe and adopted in North America in 2008, Data Privacy Day brings together businesses and private citizens to share the best strategies for protecting consumers' private information. Led by the National Cyber Security Alliance (NCSA) in the U.S. NCSA is partnering with leaders in industry, government, and the nonprofit sector to educate organizations about the importance of respecting privacy and protecting personal information. With high-tech gadgets on our wrists, in our cars and in our kids' toy chests, we are now faced with an even more complex environment in which to manage our privacy. The abundance of personal information collected by these devices can be stolen and used in negative ways. Recent news about connected toys have shed light on the risks of data being collected and used in ways we might not expected or approve. It is vital that all companies be open and honest about how they collect, use and share personal information. In addition, businesses must be vigilant about security and respecting privacy. Whenever possible, all persons should try to understand how their information is collected, used and shared. 

             In 2006, the Committee of Ministers of the Council of Europe decided to launch a data protection day, to be celebrated each year on 28 January. This date corresponds to the anniversary of the opening for signature of the Council convention for the protection of individuals which has been for over 30 years a cornerstone of data protection, in Europe and beyond. Data Protection Day is now celebrated globally and is called the Privacy Day. Why? Data protection issues, including their cross-border dimensions, are forever present in citizens' lives, at work, in their relations with public authorities, in the health field, when they buy goods or services, when they travel or surf the internet. Nevertheless, it is a well-known fact that European citizens are generally unfamiliar with data protection and unaware of their rights in this respect. The Data Protection Day should be a special occasion, a time set aside by each and every one of us to familiarise ourselves with a largely unknown, yet major, facet of our everyday lives.

Human Rights Day 2018

              This post is a summary of four post. The first was published with the title above at                 http://www.unesco.org/new/human-rights-day     The second was published athttp://www.un.org/en/events/humanrightsday/. The third was published at   www.indiacelebrating.com/events/human-rights-day/. The fourth was published at   //www.coe.int/en/web/portal/-/human-rights-day-10-december-2018-

             In the wake of the Second World War, humanity together, resolved to uphold human dignity everywhere and always. In this spirit, the U.N. adopted the Universal Declaration of Human Rights. The UDHR embodies common human aspirations, rooted in different cultures, put clearly in its first words: "the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world." Today, the UDHR enters its 70th year of existence at a time of rising challenge. Hatred, discrimination and violence remain rife. Hundreds of millions of women and men are destitute, deprived of basic livelihoods and opportunities. Human rights must be the bedrock for all progress moving forward. This must start as early as possible, on the brenches of schools, to ensure all girls and boys know their rights and those of others. 

             Human Rights Day is observed every day on 10 December, the day the United Nations General Assembly adopted, in 1948, the Universal Declaration of Human Rights. This year, Human Rights Day marks the 70th anniversary of the UDHR, a milestone document that proclaimed the inalienable rights which everyone is inherently entitled to as a human being, regardless of race, colour, religion, sex, language, political or other opinion, national or social origin, property, birth or other status. Drafted by representatives of diverse legal and cultural backgrounds from all regions of the world, the Declaration sets out universal values and a common standard of achievement for all peoples and all nations. It establishes the equal dignity and worth of every person. Thanks to the Declaration, and States' commitments to its principles, the dignity of millions has been uplifted and the foundation for a more just world has been laid. While its promise is yet to be fully realized, the very fact that it has stood the test of time is testament to the enduring universality of its perennial values of equality, justice and human dignity.

           This year the Human Rights Day was celebrated with the theme "Stand Up for Human Rights". There were a series of events which were organised on the occasion and the final major event was held in Geneva. There was also a social media campaign which featured major public figures who joined their hands and stood up for human rights. There were lots of events around the globe. But the common emphasis was on the human rights and how they help to contribute in the social development and in celebrating those who stood up for the cause. The day is celebrated by organizing political conferences, meetings, exhibitions, cultural events, debates and many more programs to discuss all the issues of human rights. Most of the events held at this day are aimed to instruct people, children as well as teenagers about their human rights. Some of activities are also held in order to aware the people from areas where human rights are disrespected. This day is celebrated to improve the well being of the people globally. 

             The principles of the UDHR laid the foundations for the promotion, protection and fulfilment of human rights worldwide. The swift action of the Council of Europe has given these priinciples concrete legal backing. with the European Convention on Human Rights adopted in 1950, and the establishment nof the European Court of Human rights some years later. In the course of its history, the Council of Europe has constructed and continues to develop a close-knit network of human rights mechanisms and standards, aiming at covering all the areas where human rights are challenged by existing and emerging threats. European countries have long been at the forefront in defending human rights but, today, these rights and liberties that we have taken for granted are challenged. The promotion, protection and fulfilment of human rights, which make up the Council of europe's fundamental values, are our collective responsibility and more necessary than ever.

Protection of Victims and Witnesses

                  This post is a summary of two articles. The first with the incomplete title above was published at   https://www.ohchr.org/Documents/Publications/Chapter14-56pp.pdf                                The second was published athttps://www.newtactics.org/conversation/protecting-survivors-and-witnesses

                  The primary responsibility for protecting victims, witnesses, sources of information and other persons cooperating with human rights fields presences rests with the state. The protection of victims, witnesses and other cooperating persons is an integral aspect of all phases of the monitoring cycle. Prevention is key in protecting victims, witnesses and other cooperating persons. Where there is a risk, it must be carefully assessed and weighed against the expected benefits of the activity in question. There is no single correct approach to protection. The appropriate protection strategy will depend on the political and security environments, the commitment of the national authorities, and the capacity and resources of the field presence, among other contextual factors. The UN Human Rights Council has urged states to prevent and refrain from all acts of intimidation or reprisals against those who have provided testimony or other information about human rights violations to the UN. The safety of victims, witnesses and other cooperating persons must be a paramount concern for human rights organizations (HRO). Accordingly, confidentiality as a measure to protect their safety, with the requirement of not disclosing their identity, should take precedence over other interests, including the prosecution of perpetrators of human rights violations. The principle of confidentiality also applies in the case of requests for information from national authorities or an international tribunal. In all circumstances and at all times, HROs have an obligation not to jeopardize the life, safety, freedom and well-being of victims, and witnesses. The best protection HROs can provide is to be aware of the potential risks of harm and to exercise good judgement, caution and sensitivity in all their interactions. Human rights offices's lack of care or negligent behaviour, along with a failure to understand the operational context, can put persons who come into contact with the field presence at risk of harm. One of the challenges of relocation programmes is ensuring that a person at risk can be effectively and safety resettled and integrated into a new community either within the country of origin or abroad. 

                  Protecting survivors and witnesses of human rights violations is crucial to effective human rights work. Protection is important because when survivors and witnesses fear further persecution, they are unlikely to report their experiences,  making redress and accountability much more difficult. The state is formally responsible for providing protection, but it is the state that is often the greatest source of perceived risk amongst witnesses and survivors. Under Article 13 of the UN Convention Against Torture, states have an obligation to ensure that victims and witnesses are protected against "all ill-treatment and intimidation as a consequence of his complaint or any evidence given." However this may not be appropriate in cases of torture when human rights violations were perpetrated by agents of the state. Countries should be encouraged to have victim and witness protection schemes that are independent. At times, NGOs who work directly with the victims of human rights violations and need protection. One way of protecting witnesses and victims is by recognizing the suffering of these victims and educating civil society to understand the value of their efforts on society. The international community can play a vital role in applying pressure on governments to provide adequate protection when civil society groups fall short. Broader alliances need to be built between different sectors of civil society to adequate protection of different layers of society. Sometimes Networks are crucial in terms of providing victims and survivors an ad hoc safe house or to flee to another location within the country or to a neighboring country. Communication between human rights defenders and victims/survivors is equally important to give an assurance of protection. The importance of support from international NGOs to human rights defenders, victims of human rights violations and witnesses is essential. The types of risk can be categorized broadly into three types of risk: physical risk, psychological risk and digital risk. Economic risk could be added. It is important to ensure that victims and witnesses hhave as much information as possible, so that they are in the best position to assess their own work. Hope, honor and human dignity was put forward as a way to manage risk and to empower victims and survivors. The risk of vicarious trauma and the importance of self care are highlighted. Protective measures by human rights organizations can include: 1) Strengthening the person's capacity for self-protection; 2) Supporting or establishing community-level protection networks. 3) Using visibility strategies with a deterrent effect. 4) Seeking the support of relevant partners and international mechanisms such as NGOs, diplomatic missions, UN agencies or special procedures. 5) Mobilizing efforts to directly or indirectly provide physical protection to the person at risk, including through relocation. 6) Limiting the capacity of the source of the threat to carry out an attack by reducing the vulnerability factors of the person at risk.  7)Intervening to influence or affect the baheviour or attitude of the source of the threat.  8) Increasing the political and social costs to the source carrying out the threat through, for instance, public advocacy in partnership with national and international networks. The cost of carrying out the threat should outweigh the benefits.  9) Advocacy and engagement with national authorities, stressing their human rights obligations, including their duty to protect those at risk and to prosecute offenders.  

70th Anniversary of the Universal Declaration of Human Rights

                Tomorrow the Universal Declaration on Human Rights will complete 70 years old, So this post is a tribute to this very important document. This post is a summary of two articles, the first was published at http://www.standup4humanrights.org/layout/files/proposals/UDHR70-MediaFactSheet.pdf. The second was published at http://www.un.org/en/events/humanrightsday/

                 In 2018, The Universal Declaration of Human Rights will celebrate its 70th anniversary. It remains as relevant today as it was in 1948. To highlight what the UDHR means for people in their everyday lives, UN Human Rights has launched a campaign building on the existing Stand Up for Human Rights campaign. It will culminate on 10 December 2018. Proclaimed by the U.N. General Assembly on 10 December 1948, the declaration was designed to prevent the repetition of the horrific human rights violations that had been committed during the World War II. The UDHR has also spawned many other important international treaties, including the International Convention on the Elimination of All Forms of  Racial Discrimination; the U.N. Convention Against Torture; the Convention on the Rights of Persons with Disabilities, etc. 18 treaties and optional protocols advancing human rights have been agreed since 1948. UDHR holds the World Record as the most translated document in the world with 500 languages. 57% of countries have now a national human rights institution. Why does the UDHR matter in 2018? 1) Global multilateral frameworks for peace and human rights are increasingly under threat. 2) Rights to privacy, data and consent are facing new challenges in the internet age. 3) Migrants and refugees: growing global migrant crisis. 4) Democracy: under threat around the world.
                Human Rights Day is observed every year on 10 December. This year, Human Rights Day marks the 70th anniversary of the Universal Declaration of Human Rights, a milestone document that proclaimed the inalienable rights which everyone is inherently entitled to as a human being, regardless of race, colour, religion, sex, language, political or other opinion, national or social property, birth or other status. Drafted by representatives of diverse cultural backgrounds from all regions of the world, the UDHR sets out universal values and a common standard of achievement for all people and all nations. It establishes the equal dignity and worth of every person. Thanks to the declaration, and states' commitments to its principles, the dignity of millions has been uplifted  and the foundation for more just world has been laid. While its promised is yet to be fully realized, the very fact that it has stood the test of time is testasment to the enduring universality of its perennial values of equality, justice and human dignity. The UDHR empowers us all. The principles enshrined in thee declaration are relevant today as they were in 1948. We need to stand up for own rights and those of others. We can take action in our own daily lives, to uphold the rights that protect us all and thereby promote the kinship of all human beings.
       

Handbook on Justice for Victims

            Some people still do not have a good understanding of human rights and very stupid declarations are said.  For example, that human rights do not defend the victims of crimes. Thus here there is a evidence of their mistake. Another stupidity is saying that human rights defend bandits, on the contrary, human rights is totally against crimes stay unpunished, and any violation of any human rights deserve a severe punishment. I could write many posts defending human rights, but I know that this would be totally unnecessary, because I think almost everybody already know their importance to the democracy and everyday in the citizen' life. The minority that says stupidity, maybe also understand their importance, but for some reason don not accept them as they are. This post is a summary of the book with the title above published in 1999 at   https://www.unodc.org/pdf/criminal_justice/UNODC_Handbook_on_Justice_for_victims.pdf       

             On 29 November 1985, the General Assembly of the UN adopted the declaration of Basic Principles of Justice of Crime and Abuse of Power, based on the conviction that victims should treated with compassion and respect for their dignity and that they are entitled to prompt redress for the harm that they have suffered, through access to the justice system, reparation and service to assist their recovery. The Declaration recommends measures to be taken on behalf of victims to improve access to justice and fair treatment, restitution, compensation and assistance. It also outlines the main steps to be taken to prevent victimization linked to abuse of power and to provide remedies for the victims. In the Declaration "victims" are defined in the broad sense as persons who, individually or collectively, have suffered harm,including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are violations of national criminal laws or of international recognized norms relating to human rights. Experts from nearly 40 countries have participate in the development of this Handbook. It is hoped that in the years to come, practitioners, researchers and policy makers around the world will contribute information about their own experiences, tailor the information presented in this Handbook to meet their needs and legal systems and offer suggestions on how the Handbook can be improved. Its widest possible relevance will be a continuing aim in the quest to alleviate the plight of victims of crime and abuse of power around the world. Research shows that the shock from victimization touch not only the victim but also the victim's family and relatives and acquaintances. This holds true for the emotional as well as the financial consequences, and the effects can endure for years or even a lifetime. In the case of genocide, exposure to violence and abuse of power, the effects can be passed on from one generation to the next. Not only individuals but also communities and organizations can be victimized, leading to their deterioration over time as confidence ebbs, fear increases and the economic burden of victimization becomes insupportable. The effects of victimization strike particularly hard at the poor, the powerless, the disabled and the socially isolated. Secondary victimization refers to the victimization that occurs not as a direct result of the criminal act, the violation,  but through the response of institutions and individuals to the victims.Secondary victimization through the process of criminal justice may occur because of difficulties in balancing the rights of the victim against the rights of the offender. More normally, however, it occurs because those responsible for ordering justice processes and procedures do so without taking into account the perspective of the victim. The attitude of individuals is also important. Some people with whom the victim has contact may wish to distance themselves from the distress of the violation by blaming the victim for what has occurred. Victims of abuse of power have particular difficulty in gaining recognition of the fact that they have been victimized. The essence of abuse of power is that it is committed by those who should be expected to protect the population. The shock and loneliness of victimization can be much greater for these victims. When a victim reports an offence or other victimizing event, to the police or public prosecution, this starts a process that is intended to ascertain whether or not the report of the victim is valid. The process can be a long and difficult one and from the legal point of view the victim is only a putative or alleged victim. In addition to recognition of and respect for victims, there is further consideration of the protection of their safety and privacy. The The suspect, or others acting on behalf of the suspect, may seek to intimidate the victim in order to prevent him or her from seeking justice, or may harass the victim in retaliation for having reported the matter to the authorities.  Special provision should be made to protect vulnerable victims. Secondary victimization also arises when details of the case are reported in the media. Several jurisdictions have sought to protect victim privacy and confidentiality by restraicting reporting. Victims of abuse of power face added problems in that it is sometimes difficult to persuade state agencies that an offence has occurred and that the case should be pursued through the justice system. The fundamental problem in some forms of abuse of power, however, is that the offence is committed by an agent of the state and officials are unwilling to have the offence reported to them or to act upon it. The victim is not treated as a victim and is not able to participate in the justice system or obtain the services that he or she may need. Agencies concerned with abuse of power have concentrated their efforts on persuading authorities that instances of it should treated as the crimes they usually are. Some agencies use publicity as their main weapon for making officials, the public and the international community aware of the problem. Publicity can encourage witness to come forward and make victims feel that they are not isolated and forgotten. A major psychological consequence of victimization in many cases is that the victim no longer feels safe. Preventing repeat vicmization can be a powerful way not only to reduce overall victimization but also to speed the victims' psychological recovery. Many victim assistance programmes are involved in raising public awareness about victim issues and available services. Many programmes are designed to offer education about victim needs and appropriate and sensitive treatment are targeted at officials in the justice system. A major psychological consequence of criminal victimization in many cases is that the victim no longer feels safe. Preventing repeat victimization can be a powerful way not only to reduce overall victimization but also to speed the victim's psychological recovery. The dignity and healing of victims depends on the respect and assistance extended to them by the professionals and others who came into contact with them. Since the adoption of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of power, important progress has been made in many nations to assist victims of crime and violation. Yet there are few nations where the Declaration has been fully implemented in a comprehensive and systematic way. In many cases, these reforms were the direct result of the efforts of NGOs to convince policy makers, offcials in law enforcement, justice systems and the public of their crucial importance to victims. Some organizations play a key role in the initiation, development and implementation of policies that empower victims of crime and violation. Currently, international exchanges of best practice play an increasingly important role in fostering victim policies. The World Society of Victimology provides a list of names and contact addresses for many of the persons involved in these organizations. The right of people to international protection is being increasingly recognized. It is now almost universally accepted that the safeguarding of human rights is the concern not only of individuals states but of the entire international community. This includes governments and intergovernmental organizations, as well as NGOs, which have been in the forefront of the defence of human and victims rights, the media, which have drawn world attention to ongoing abuses; and the public at large. The UN has a special responsibility and can provide the framework for concerted action, using all parts of the system, other international and regional antities, professional association, law institutions and broad-based support. Much can be done to contain victimization and suffering if the political will, the expertise and the vision are there.

140th Birthday of Upton Sinclair

                A little more than one month ago, precisely on 20th September, the American writer Upton Sinclair would complete 140 years old, so this post is a tribute to him. With courage he exposed many injustices happening in the U.S. in the beginning of the 20th century. This post is a summary of three articles. The first was published at https://en.wikipedia.org/wiki/Upton_Sinclair. The second was published at https://www.bartleby.com/essay/Upton-Sinclair-and-His-Influence-on-Society-F3C3T4LYVJ. The third was published at https://www.biography.com/people/upton-sinclair-9484897

               Upton Beall Sinclair Jr. (1878-1968) was an American writer who wrote nearly 100 books and other works in several genres. He won the Pullitzer Prize for Fiction in 1943. In 1906, Sinclair acquired fame for his classic novel The Jungle, which exposed labor and sanitary conditions in the U.S.meatpacking industry, causing a public uproar that contributed in part to the passage a few months later, The Pure Food and Drug Act and the Meat Inspection Act. In 1919, he published The Brass Check, a novel that exposed American Journalism and the limitations of the "free press" in the U.S. Four years after its publication, the first code of ethics for journalists was created. Time magazine called him "a man with every gift except humor and silence." He is also remembered for the line: "It is difficult to get a man to understand something when his salary depends upon his not understanding it." Sinclair describes the world of industrialized America. Novels such as King Coal (1917), Oil (1927) and The Flivver King (1937) described the working conditions of the coal, oil, and auto industries at the time. Sinclair ran unsuccessfully for Congress as a nominee from the Socialist Party. He was also the Democratic Party candidate for Governor of California, running under the banner of the End Poverty in California campaign, but was defeated in the 1934 election. Sinclair devoted his writing career to documenting and criticizing the social and economic conditions of the early 20th century in both fiction and nonfiction. He exposed the overwhelming effects of poverty among the working class.

                 Upton Sinclair wanted to be a great influence on society. He was born in Baltimore, from a family of Southern aristocracy. His father was an alcoholic and his mother came from a wealthy family. As a child, Sinclair was an excellent reader and scholar. By the age of fourteen, he began writing in his spare time. He attended Columbia University and later he moved to Quebe, Canada. There he lived in poverty. Sinclair emphasized that their values of hard work, family togetherness, honesty, and carefulness are the same as those of the reading public. They could not withstand the effects of greed and competition any more than individuals could. While influencing the families, the publication of The Jungle also influenced the workers of the meat processing industry. The meat packing scandal was front-page newspaper for weeks.

                Upton Sinclair was an activist and writer whose works often uncovered social injustices. He was born in a small row house in Baltimore, and from birth he was exposed to dichotomies that would have influence his thinking later. The only child of an alcoholic liquor salesman and a puritanical, strong-willed mother, he was raised on the edge of poverty, but also exposed to the privileges of the upper class through visits with his mother's wealthy family. Having completed his schooling at age 20, Sinclair made the decision to become a serious novelist while working as a freelance journalist to make ends meet. In 1900, he also began a family, marrying Meta Fuller, with whom he would have a son, David, the following year. In 1904, he was sent to Chicago by the newspaper to write an exposé on the mistreatment of workers in the meatpacking industry. After spending several weeks conducting undercover research on his subject matter, Sinclair threw himself into the manuscript that would become The Jungle. Upon its release, Sinclair enlisted his fellow writer and writer and friend Jack London to help publicize his book and assist in getting his message across to the masses. Among its readers was President Theodore Roosevelt, who invited Sinclair to the White House and ordered inspections of the meatpacking industry. Sinclair published numerous works over the following decade, including the education critique The Goose-Step (1923) but most of hisw fiction during this period was commercially unsuccessful. By the early 1920s, he had divorced Meta, remarried Mary Kimbrough and moved to Southern California, where he continued both his literary and political pursuits. He founded in California the American Civil Liberties Union, His novels from this period fared better with Oil! (about the Teapot Dome scandal) and Boston (about the Sacco and Vanzetti case) both receiving favorable reviews. Eighty years after it appeared in print, Oil! would be made into the Academy Award-winning film There Will Be Blood. 

30th Anniversary of the Brazilian Constitution

            On 5th of October, our constitution completed five years. So this post is a tribute to this very important document.  In the election this year, all candidates reinforced the importance for the respect to the constitution, but this respect must go beyond the discourse. The constitutional text is very fair, but now it is necessary to take practical and legal action to this fairness reach the victims of violations. This post is a summary of three articles. The first was published at  http://www2.stf.jus.br/portalStfInternacional/cms/verConteudo.phpsigla=portalStfDestaque_en_us&i. The second was published at  http://www.brazilgovnews.gov.br/presidency/speechs/2018/10/address-by-the-president-of-the-republic-michel-temer-during-a-solemn-session-in-honour-of-the-30th-anniversary-of-the-1988-constitution-followed-by-the-launch-of-a-seal-and-stamp-alluding-to-the-da. The third was published in October of 2018 at https://www.academia.edu/37570531/Between_Past_and_Future_The_30_Years_of_the_Brazilian_Constitution

             The Justices of the Federal Supreme Court (STF) will meet at 2:00P.M. this Thursday (04/10) in a solemn session to commemorate the 30 years of the Federal Constitution of 1988. The solemnity celebrates the "Citizen Constitution", whose promulgation marked the consolidation of democracy in Brazil and whose content sought to prioritize the individual and collective rights of the citizen. As a result of the solemn session there are no trials to be heard on Thursday. Among the guests for the solemnity are the President Michel Temer, retired STF judges, other instances of the judiciary, the Attorney General of the Republic, Raquel Dodge, governors, deputies, senators, constituent parliamentarians and members of the Public Defender's Office.

               When The Federal Supreme Court convenes to pay tribute to the 1988 constitution, this has a lot of meaning. Unlike, perhaps, if the executive only, or the legislature only, paid this tribute, because the frame of reference, of support, of endorsement that the Supreme Court gives to the constitution of 1988 is very important at this moment, especially in this troubled moment. For us, from the legal area, the state is only born at the moment of the birth of the federal constitution. As a practising lawyer, eminent Chief justice, I had the pleasure of being the author of Article 133, which establishes that the lawyer is indispensable to the provision of justice. I always say very often that it's very important to preserve the constitution. Moreover, as they said, there is no way out of the constitution. The Supreme Court is the guardian of the constitution, the legislative produces the law, but if there is a controversy, who ultimately says is the Supreme Court. But I think the Supreme Court has an even greater mission, becuase the to the constitution to have full applicability, that is to say, all rules were affective and therefore not only by constitutionally control by legal action. Minister Marco Aurélio pointed out, "the rights listed do not prevent others from being evoked that arise from the constitutional text". It also says that international treaties referring to human rights, connected to individual rights, approved by the same criterion of constitutional amendments, are incorporated into the constitutional text.

              Constitutions exist in time. Not only in the linear count of the days, months and years in which they seek to provide a legal regulation to the society. Constitutions are made of memories, traumas, projections and expectations. Constitutional documents deal with past experiences and fears that address the future. Although bound to the present time, they are marked by these temporal inflections. In less than two centuries, Brazil produced seven constitutions. A significant finding in Brazilian constitutional history is the relationship between political change and the elaboration of a constitution. The 1988 constitution completes 30 years at a true crossroad between past, present and future. The main issue related to the pre-1988 period involves the legacy of the military regime. The constitution affirms that in the dictatorial period "acts of exception" were committed, that is, it makes clear that the basic elements of the rule of law were not respected. It prevents the opening of criminal cases to assert the responsibilities of agents of the dictatorship who committed serious violations of jus cogens of international human rights law. This immobility led to two Brazilian convictions in the Inter-American Court of Human Rights: in the cases of the Araguaia guerrilla group and the murder of journalist Vladimir Herzog. The consideration of the trajectory of the thirty years of the Brazilian constitution of 1988 invites us to ponder the present challenges in its apllication. Such challenges are not alien to contemporary constitutional democracies, but require, for their understanding a careful look at the complexity of applying the constitution to social relations. In this way, social guarantees progressively acquired by the historical trajectory of this community can be perceived as patrimony of a present generation and a legavy to the future ones. What about the future? This prospective dimension can only be presented in the form of an inquiry, of a concern about the persistence or not of the democratic principles that inspired the drafting of the Charter of 1988. The current and more important challenge in maintaining the opening of the senses of the Brazilian constitution for the future is to be attentive to the possibility of using the constitution against itself. Only one question is certain: as long as there is a constitutional text, there will be a public space, arguments and weapons for resistance, for the dissemination of emancipatory solutions and for the affirmation of the precepts that motivated the Brazilian re-democratization: freedom and equality.