聲援三鶯遭起訴 洪興國二審無罪
Yahoo奇摩新聞
更新日期:2010/10/22 17:27
【巴魯/Sai】
台北縣溪州與三鶯河岸部落族人，今天(22日)上午前往台灣高等法院刑事庭大門口，高喊口號向政府提出守護土地的訴求，因為在2008年2月份溪州部落阿美族青年洪興國，在三峽三鶯部落遭北縣府拆除時關心當地部落居民，被警方以妨礙公務提告，一審判決無罪，不過檢察官上訴，二審仍然宣判無罪。
台北縣溪州與三鶯河岸部落族人，10月22日上午於台灣高等法院刑事庭大門口高喊口號，2008年2月溪州部落阿美族青年洪興國，在三峽三鶯部落遭北縣府拆除前往關心，被警方以妨礙公務提告，一審判決無罪，被檢察官上訴經二審仍宣判無罪。
由於洪興國當時被警方壓制，問起是否會訴諸法律向該員警提告，洪興國選擇原諒。
二審宣判無罪，族人心情顯得輕鬆，另外金鐘獎迷劇集"看見天堂"以三鶯部落為主題，入圍女配角的三鶯部落居民巴奈(潘金花)，也來到現場為洪興國打氣，並針對土地問題向未來的新北市政府做呼籲。
10月22日正逢金鐘獎頒獎典禮，以河岸部落現況為故事背景的看見天堂，獲得金鐘獎八項提名，而入圍女配角的巴奈選擇在這一天向二審無罪的洪興國加油打氣，並宣告守護河岸土地的決心不會放棄。
性質:防禦性、受益權/第19,20條
心得:
世界人權宣言第十九條保障人人均有言論意見表達自由。更何況他是為原住民的居住地請命，並沒有對其他人造成很嚴重的危害。另外，我們必須思考，當人民的居住地與政府的政策相違背時，政府是否有權強制拆除?在一個民主社會國家，人民理當有權和政府溝通協調。假設這塊地非遷不可，那政府是否會賠償居民的損失呢? 這必須要兩方好好的協商。
--------------------------------------
國際: 15位和平獎得主籲釋放劉曉波
國際新聞:
更新日期:2010/10/27 02:28 記者楊偉中／台北報導
旺報【記者楊偉中／台北報導】
人權團體「Freedom Now」25日發布由15位諾貝爾和平獎得主聯署的公開信，信中向聯合國祕書長潘基文以及G20成員國領袖呼籲，希望他們在G20首爾高峰會期間，向中國國家主席胡錦濤提出釋放劉曉波與其妻劉霞的要求。
公開信呼籲各國政府要求中國立即解除對劉霞的軟禁，讓她能夠自由通訊。公開信表示，這21位國際政治領袖都將在首爾與胡錦濤會面，G20高峰會是提出釋放劉曉波問題的時機。信中強烈呼籲各國領袖向胡錦濤表明，釋放劉曉波將不僅受到歡迎，而且是必須的。
這15位諾貝爾和平獎得主包括：前南非大主教屠圖、東帝汶主教卡洛斯貝洛、美國前總統卡特、南非前總統德克勒克、伊朗人權運動家艾芭迪、北愛爾蘭社會民主勞工黨前領袖約翰．休姆、達賴喇嘛、愛爾蘭和平運動家瑪麗德．馬圭爾、肯亞環境運動家旺加里．馬塔伊、北愛爾蘭前總理特林布爾、瓜地馬拉原住民運動家莉戈貝塔．曼楚、波蘭前總統華勒沙、羅馬尼亞作家維瑟爾、北愛爾蘭女性和平運動家貝蒂．威廉斯、美國反地雷運動家喬迪．威廉斯。
屠圖大主教和前捷克總統哈維爾是Freedom Now的名譽共同主席，Freedom Now組織了國際法律和人權團隊來救援劉曉波。
另一方面，大陸當局繼續強力壓制境內聲援劉曉波的活動。21日深夜，劉的好友、北京知名的人文書店萬聖書園負責人劉蘇里被國保強行帶走，劉在抵抗過程中腰二椎骨折受傷；26日凌晨二時許，重慶女學生牟彥希則因在網上戲言將在當地反日遊行時打出「祝賀你，曉波大叔」標語，同樣被國保強行帶走。
性質:精神性、防禦性、受益權、公民權、集體權/第9,19條
心得:
劉曉波是中國的民運人士，但他又不像民運人士那樣激進。當初他是和幾位教授有感於中國應該要朝民主化發展，而草擬「零八憲章」。然而此舉卻被中共視為企圖煽動顛覆國家政權，於2009年被判有期徒刑11年。中國雖然在經濟上的發展數一數二，但是在人權方面卻沒有任何的進步。世界人權宣言第三條「生命自由和人身安全」、第九條「不得加以任意逮捕」、第十條「公正公開審訊」、第十九條「言論自由」......等，在中國幾乎是不可能享有的權利。但我覺得，一個經濟政權大國，應該要有一個以人民為主的胸襟和氣度，畢竟民主化和人權已經是世界潮流的趨勢，中國應該要繼續朝這方面努力。
2010年10月26日 星期二
2010年10月20日 星期三
10/21 國內: 除了財產申報 監院擬連線監控公職人員帳戶/ 國際: Anatomical ridicule raises body-scanning concerns
國內: 除了財產申報 監院擬連線監控公職人員帳戶
自由時報 2010/10/19 04:11
〔記者王寓中／台北報導〕為防制洗錢，金管會繼研擬建立國內外「高知名度政治人物」資料庫引發爭議，黨政人士昨天進一步透露，監察院日前行文金管會，研擬將所有符合財產申報資格的公職人員，進一步建立銀行帳戶資料庫，而且是每天帳戶進出金額的資料。此一構想引發政壇極大爭議，認為監察院不但涉及擴權，且嚴重侵犯人權，行政院應出面表態謹慎評估。
每天進出金額 一目了然
黨政人士分析，若依監察院的規劃，符合申報財產的政治人物、民代公職及公務人員，多達五萬四千人，影響層面極為廣大，作法形同建立國內金融「ＡＢ檔案」。
相關人士指出，監察院是行文行政院轉金管會銀行局，包括金管會銀行局等相關單位，本週四將在行政院進一步會商此案的可行性及作法。
相關人士透露，依監察院的初步構想，是在公職人員財產申報外，另外對符合申報財產的公職人員，其在銀行帳戶每天進出金額紀錄，全部建立資料庫以利做為財產動態申報查核。
形同ＡＢ檔案 引發爭議
政院相關單位指出，如果是要建立銀行帳戶資料庫，技術而言確實可行，但問題是要引用什麼法源建置？且此一作法更可能涉及違反個人資料保護法；就算可行，將來被鎖定要建檔的公職人員，一樣可以利用人頭帳戶規避查核，因為鎖定金錢流向就等於掌握金錢用途，政治人物的行為等於全被攤在資料庫中，無所遁形。
為防制洗錢，馬政府日前已研議建立國內外「高知名度政治人物」資料庫，金管會日前發函銀行、保險、證券等公會，要求業者或公會建置國內外高知名度政治人物資料庫，以便未來名單上人物有任何資金流動時，可追蹤通報；但業者質疑可能涉及個資法及不清楚「高知名度」如何定義，目前全案先由銀行公會及聯徵中心研究相關建置事宜。
相關人士指出，高知名度政治人物資料庫在國際上早有類似作法，且對象主要是國外政治人物在台灣的資料，但國內能否適用，還未定案；如今監察院更要全面建立國內財產申報公職人員的銀行資料庫，爭議遠遠超過高知名度政治人物資料庫，不論監察院出發點為何，都要謹慎評估。
性質: 精神性、防禦性、受益權/ 第12條
心得:
此種作法雖然是要防範洗錢的事情發生，但仍有許多漏洞。像是被監控的公務人員人可利用人頭帳戶規避查核。但其實最重要的重點是，這項法令會不會違反個資法，而讓個人的資料外洩?世界人權宣言第十二條提到，「任何人的私生活、家庭、住宅和通信不得任意干涉」。因此，如此監控的行為，是否關係到侵犯到個人隱私權。政府應當再行研議。
-------------------------
國際:
Anatomical ridicule raises body-scanning concerns
By Marnie Hunter, CNN
OCT 19, 2010 -- Updated 1929 GMT (0329 HKT)
(CNN) -- Full-body scanning machines may reveal a little too much, if an incident of workplace violence this week among Transportation Security Administration screeners is any indication.
A TSA worker at Miami International Airport in Florida was arrested for allegedly assaulting a co-worker who had repeatedly teased him about the size of his genitals.
The insults stemmed from an X-ray of the accused captured during a training exercise with the airport's full-body scanning machines, the report said.
Rolando Negrin "stated he could not take the jokes anymore and lost his mind," allegedly striking the victim with a police baton. According to the report, a witness heard Negrin say in Spanish, "get on your knees or I will kill you and you better apoligise [sic]."
In response to the incident, TSA said it has a zero-tolerance policy for workplace violence. "At the same time, we are investigating to determine whether other officers may have violated procedures in a training session with coworkers and committed professional misconduct," the agency said in a statement.
The incident puts the spotlight back on technology some privacy advocates liken to a virtual strip search.
"As far as I'm concerned, this really demonstrates exactly how detailed the images are, exactly how invasive the search is," said John Verdi, senior counsel with the Electronic Privacy Information Center, a Washington-based research center specializing in civil liberties and privacy issues. It receives much of its funding from private foundations.
Verdi said the Miami incident "... also demonstrates that this technology, and the way it's being implemented by TSA, is ripe for abuse."
The TSA screener scuffle is not the only recent case of workplace tension involving the technology. A security worker at London's Heathrow Airport allegedly made lewd comments about a female colleague who mistakenly entered a scanner, according to the UK's Press Association. The accused worker was given a police warning for harassment.
TSA officials stressed that the incident in Miami was internal and did not involve any member of the traveling public. When the technology is used in airports, one screener views the scan in a remote location and does not come into contact with passengers being screened. The images are permanently deleted and never stored, according to the TSA.
EPIC has filed a lawsuit against the Department of Homeland Security under the Freedom of Information Act seeking details about the government's use of advanced imaging technology.
In April, DHS revealed in a letter to EPIC that it has 2,000 full-body scanning test images, "using TSA models, not members of the public," stored at its test facility. The agency is withholding the images, citing exemptions to the Freedom of Information Act for information pertaining only to internal personnel rules and practices and records that might "benefit those attempting to violate the law."
Verdi finds the idea that the images might be used to evade security "highly problematic."
"Because if merely publishing examples of the images that the TSA has generated during testing would harm security, that really calls into question the effectiveness of the machines," he said.
Examples the TSA says are consistent with what screening officers see in airports are available on the agency's website.
Aviation security expert Douglas Laird said it is "perfectly logical" for the TSA to withhold the 2,000 test images.
"If they were available to the public, then if you were trying to defeat the machine you would study the images to find the weak link, so to speak. I would think they would be crazy to release them," said Laird, who is president of aviation security consulting firm Laird & Associates.
There are shortcomings for any technology, Laird said.
Still, Laird said he believes body-scanning technology would have given officials at Amsterdam's Schipol Airport a much better chance of catching a Nigerian man who boarded a Detroit, Michigan-bound flight on Christmas Day with explosives concealed in his groin area.
The alternative pat-down, which U.S. passengers may opt for instead of body scanning, has to be very intrusive to be effective, and studies show people are less tolerant of physical intrusion than of intrusive technology, Laird said.
While advanced imaging technology doesn't involve direct physical contact, the screener training incident in Miami highlights some travelers' reservations about full-body scans.
"I really think it would give a lot of folks pause if they thought that TSA employees were mocking naked body scans of American air travelers," Verdi said.
性質: 精神性、防禦性/第12條
心得:
機場海關設置的掃描機，用意是為了防範有人帶違禁品。例如文中提到有一名奈及利亞人在荷蘭阿姆斯特丹就被掃瞄機驗出在他的鼠蹊部藏有爆裂物。因此設置這部機器有保全的效果。但是掃描機可以掃出人體全身的樣子，是否有侵犯個人身體隱私權的部份，需要請高層再行研議。像文中提到海關員工在實習此部機器時，就有同事嘲笑夥伴的生殖器大小，因此才突顯了整件事件。
美國運輸標準化局提出，所有掃描過的檔案都會在人通過機器後立即銷毀。另外海關人員在操作機器時，距離通關的人很遠，不會有直接在當事人面前看到他隱私的問題。
不管如何，還是有照片流露出來。因此有沒有違背世界人權宣言第十二條的隱私權，還有可以討論的空間。
自由時報 2010/10/19 04:11
〔記者王寓中／台北報導〕為防制洗錢，金管會繼研擬建立國內外「高知名度政治人物」資料庫引發爭議，黨政人士昨天進一步透露，監察院日前行文金管會，研擬將所有符合財產申報資格的公職人員，進一步建立銀行帳戶資料庫，而且是每天帳戶進出金額的資料。此一構想引發政壇極大爭議，認為監察院不但涉及擴權，且嚴重侵犯人權，行政院應出面表態謹慎評估。
每天進出金額 一目了然
黨政人士分析，若依監察院的規劃，符合申報財產的政治人物、民代公職及公務人員，多達五萬四千人，影響層面極為廣大，作法形同建立國內金融「ＡＢ檔案」。
相關人士指出，監察院是行文行政院轉金管會銀行局，包括金管會銀行局等相關單位，本週四將在行政院進一步會商此案的可行性及作法。
相關人士透露，依監察院的初步構想，是在公職人員財產申報外，另外對符合申報財產的公職人員，其在銀行帳戶每天進出金額紀錄，全部建立資料庫以利做為財產動態申報查核。
形同ＡＢ檔案 引發爭議
政院相關單位指出，如果是要建立銀行帳戶資料庫，技術而言確實可行，但問題是要引用什麼法源建置？且此一作法更可能涉及違反個人資料保護法；就算可行，將來被鎖定要建檔的公職人員，一樣可以利用人頭帳戶規避查核，因為鎖定金錢流向就等於掌握金錢用途，政治人物的行為等於全被攤在資料庫中，無所遁形。
為防制洗錢，馬政府日前已研議建立國內外「高知名度政治人物」資料庫，金管會日前發函銀行、保險、證券等公會，要求業者或公會建置國內外高知名度政治人物資料庫，以便未來名單上人物有任何資金流動時，可追蹤通報；但業者質疑可能涉及個資法及不清楚「高知名度」如何定義，目前全案先由銀行公會及聯徵中心研究相關建置事宜。
相關人士指出，高知名度政治人物資料庫在國際上早有類似作法，且對象主要是國外政治人物在台灣的資料，但國內能否適用，還未定案；如今監察院更要全面建立國內財產申報公職人員的銀行資料庫，爭議遠遠超過高知名度政治人物資料庫，不論監察院出發點為何，都要謹慎評估。
性質: 精神性、防禦性、受益權/ 第12條
心得:
此種作法雖然是要防範洗錢的事情發生，但仍有許多漏洞。像是被監控的公務人員人可利用人頭帳戶規避查核。但其實最重要的重點是，這項法令會不會違反個資法，而讓個人的資料外洩?世界人權宣言第十二條提到，「任何人的私生活、家庭、住宅和通信不得任意干涉」。因此，如此監控的行為，是否關係到侵犯到個人隱私權。政府應當再行研議。
-------------------------
國際:
Anatomical ridicule raises body-scanning concerns
By Marnie Hunter, CNN
OCT 19, 2010 -- Updated 1929 GMT (0329 HKT)
(CNN) -- Full-body scanning machines may reveal a little too much, if an incident of workplace violence this week among Transportation Security Administration screeners is any indication.
A TSA worker at Miami International Airport in Florida was arrested for allegedly assaulting a co-worker who had repeatedly teased him about the size of his genitals.
The insults stemmed from an X-ray of the accused captured during a training exercise with the airport's full-body scanning machines, the report said.
Rolando Negrin "stated he could not take the jokes anymore and lost his mind," allegedly striking the victim with a police baton. According to the report, a witness heard Negrin say in Spanish, "get on your knees or I will kill you and you better apoligise [sic]."
In response to the incident, TSA said it has a zero-tolerance policy for workplace violence. "At the same time, we are investigating to determine whether other officers may have violated procedures in a training session with coworkers and committed professional misconduct," the agency said in a statement.
The incident puts the spotlight back on technology some privacy advocates liken to a virtual strip search.
"As far as I'm concerned, this really demonstrates exactly how detailed the images are, exactly how invasive the search is," said John Verdi, senior counsel with the Electronic Privacy Information Center, a Washington-based research center specializing in civil liberties and privacy issues. It receives much of its funding from private foundations.
Verdi said the Miami incident "... also demonstrates that this technology, and the way it's being implemented by TSA, is ripe for abuse."
The TSA screener scuffle is not the only recent case of workplace tension involving the technology. A security worker at London's Heathrow Airport allegedly made lewd comments about a female colleague who mistakenly entered a scanner, according to the UK's Press Association. The accused worker was given a police warning for harassment.
TSA officials stressed that the incident in Miami was internal and did not involve any member of the traveling public. When the technology is used in airports, one screener views the scan in a remote location and does not come into contact with passengers being screened. The images are permanently deleted and never stored, according to the TSA.
EPIC has filed a lawsuit against the Department of Homeland Security under the Freedom of Information Act seeking details about the government's use of advanced imaging technology.
In April, DHS revealed in a letter to EPIC that it has 2,000 full-body scanning test images, "using TSA models, not members of the public," stored at its test facility. The agency is withholding the images, citing exemptions to the Freedom of Information Act for information pertaining only to internal personnel rules and practices and records that might "benefit those attempting to violate the law."
Verdi finds the idea that the images might be used to evade security "highly problematic."
"Because if merely publishing examples of the images that the TSA has generated during testing would harm security, that really calls into question the effectiveness of the machines," he said.
Examples the TSA says are consistent with what screening officers see in airports are available on the agency's website.
Aviation security expert Douglas Laird said it is "perfectly logical" for the TSA to withhold the 2,000 test images.
"If they were available to the public, then if you were trying to defeat the machine you would study the images to find the weak link, so to speak. I would think they would be crazy to release them," said Laird, who is president of aviation security consulting firm Laird & Associates.
There are shortcomings for any technology, Laird said.
Still, Laird said he believes body-scanning technology would have given officials at Amsterdam's Schipol Airport a much better chance of catching a Nigerian man who boarded a Detroit, Michigan-bound flight on Christmas Day with explosives concealed in his groin area.
The alternative pat-down, which U.S. passengers may opt for instead of body scanning, has to be very intrusive to be effective, and studies show people are less tolerant of physical intrusion than of intrusive technology, Laird said.
While advanced imaging technology doesn't involve direct physical contact, the screener training incident in Miami highlights some travelers' reservations about full-body scans.
"I really think it would give a lot of folks pause if they thought that TSA employees were mocking naked body scans of American air travelers," Verdi said.
性質: 精神性、防禦性/第12條
心得:
機場海關設置的掃描機，用意是為了防範有人帶違禁品。例如文中提到有一名奈及利亞人在荷蘭阿姆斯特丹就被掃瞄機驗出在他的鼠蹊部藏有爆裂物。因此設置這部機器有保全的效果。但是掃描機可以掃出人體全身的樣子，是否有侵犯個人身體隱私權的部份，需要請高層再行研議。像文中提到海關員工在實習此部機器時，就有同事嘲笑夥伴的生殖器大小，因此才突顯了整件事件。
美國運輸標準化局提出，所有掃描過的檔案都會在人通過機器後立即銷毀。另外海關人員在操作機器時，距離通關的人很遠，不會有直接在當事人面前看到他隱私的問題。
不管如何，還是有照片流露出來。因此有沒有違背世界人權宣言第十二條的隱私權，還有可以討論的空間。
2010年10月13日 星期三
10/14 國內: 馬宣示：總統府成立人權諮委會/ 國際: Judge orders military to stop enforcing 'don't ask, don't tell'
國內: 馬宣示：總統府成立人權諮委會
旺報 更新日期:2010/10/11
總統馬英九昨天於國慶演說時，宣示在總統府成立「人權諮詢委員會」，由副總統蕭萬長任召集人，邀集政府與民間人士一同探討規畫人權政策，定期發表人權報告，提升台灣人權水準；明年建國100年，他期盼國人共同努力開拓更精彩的第2個100年。
馬英九10日上午以「改革、開創、追求公義」為題，發表國慶演說。他表示，「中華民國發展歷程曲折艱辛，曾經抵擋中共軍事進犯，確保台澎金馬安全；奮力打拚，度過多次世界經濟危機。胼手胝足推動地方自治，普及國民教育，厚植國防實力，更開創經濟繁榮與民主政治的雙重奇蹟，這是華人世界絕無僅有的成就，我們深以台灣為傲。」
馬英九致詞的重點鎖定過去2年多來，政府在社會、經濟、教育、環保、國防、兩岸與外交等方面，推動劃時代改革。對年底即將舉行5個直轄市選舉，他強調，他不認同改革會得罪既得利益失去選票，因為台灣正在和時間賽跑，不能為了選舉拖延改革，否則就對不起人民。
馬英九說，行政院主計處估計，今年台灣經濟成長率將高達8.24%，在亞洲名列前茅。在全世界前30大貿易國之中，今年前2季台灣進口成長率是第1名，出口成長率為第2名；同時，今年上半年國內生產毛額（GDP）已經超過2008年同期，也就是金融海嘯前的水準，顯示台灣景氣開始強勁復甦。1年來台灣就業增加28萬5千人，8月失業率降為5.17%，是19年來8月分首次下降。
性質: 精神性、防禦性、物質性、受益權、公民權、集體權/第1，2條
心得:
成立了人權諮詢委員會可以對人權有更好的保障。雖然台灣與過去相比，在人權上已經有很大的進步，但我們人可在社會上看到許多弱勢族群的人權沒有被保障。例如歧視同性戀和假藉理由剝奪別人的工作權等都層出不窮。因此台灣要繼續在人權上面努力以減少這類的案件發生。
創造一個公平且每個人都能擁有尊嚴的社會。
---------------------------
國際:
Judge orders military to stop enforcing 'don't ask, don't tell'By Adam Levine,
From CNN
October 13, 2010 -- Updated 0931 GMT (1731 HKT)
(CNN) --
A federal judge on Tuesday ordered the U.S. military to stop enforcing the "don't ask, don't tell" policy, putting an end to the ban on openly gay troops.
U.S. District Judge Virginia Phillips' permanent worldwide injunction -- praised by gay rights organizations -- orders the military "immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced" under the "don't ask, don't tell" policy.
The judge, a Clinton appointee based in the Central District of California, previously ruled that the policy regarding gays serving in the military violated service members' Fifth Amendment rights to due process and freedom of speech, but had delayed issuing the injunction.
The military was sued by Log Cabin Republicans, a gay rights group.
Justice Department spokeswoman Tracy Schmaler would say only that the department is "reviewing the ruling." The department has 60 days to appeal, but is not required to do so.
The Defense Department is reviewing the ruling to determine whether it has immediate impact and is consulting with the Justice Department, Pentagon spokeswoman Cynthia Smith said.
Air Force lawyers in a recent case argued the military -- not the courts -- is in the best position to evaluate and enforce the "don't ask, don't tell" policy.
President Barack Obama is pushing for a repeal of the controversial policy. A bill currently before Congress would overturn the measure after a Pentagon review is completed in December.
In her ruling Tuesday, Phillips stated the policy infringes on the rights of military personnel. "Furthermore, there is no adequate remedy at law to prevent the continued violation of servicemembers' rights or to compensate them for violation of their rights," the judge wrote.
More than 12,500 people have been booted from the military since "don't ask, don't tell" went into effect. Along with barring known gay, lesbian and bisexual individuals from serving, the policy prevents the military from asking them about it.
Log Cabin Republicans praised the ruling but urged "caution by servicemembers considering coming out at this time, as the Obama administration still has the option to appeal."
The group said the ruling is a victory for strong national defense.
"No longer will our military be compelled to discharge servicemembers with valuable skills and experience because of an archaic policy mandating irrational discrimination," it said in a statement following the ruling.
Servicemembers United, which describes itself as the nation's largest organization of gay and lesbian troops and veterans, also hailed the judge's ruling but urged gays who serve to be careful about coming out now.
"This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking," said executive director Alexander Nicholson.
The ranking member of the House Armed Services Committee called on the administration to immediately file a motion to stay the injunction so Congress can address the issue.
"We are a nation at war. This decision could have a negative impact on military and family readiness since the Department of Defense is unprepared to address the issues that are bound to arise from such a hasty change, Rep. Howard P. "Buck" McKeon, R-California, said in a statement.
Aaron Belkin, director of the Palm Center, a research institute of the University of California-Santa Barbara, said he expects the Obama administration to appeal Tuesday's order.
"The case could be done next week if the administration decides not to appeal, or it could take five years if there is an appeal, or Congress could move faster than the Justice Department, which would render this case moot," said Belkin, whose institute researches sexual minorities in the military and advocates an end to the ban.
性質: 精神性、防禦性/第2、22、23條
心得:
同性戀的族群一直是社會中禁忌的一個話題。但是醫學報告早已證實同性戀是一種正常的傾向，可能是天生基因形成，也可能是後天的文化環境所造成。有了這樣的一個觀念，同性戀者應該可以享有從軍的權利。世界人權宣言第23條提到:「人人有同工同酬的權利，不受任何歧視」。更何況軍中的「不問不說」的政策，變向的讓同性戀者不能為自己的權益發聲，反而還保護了歧視者的欺壓行為。
旺報 更新日期:2010/10/11
總統馬英九昨天於國慶演說時，宣示在總統府成立「人權諮詢委員會」，由副總統蕭萬長任召集人，邀集政府與民間人士一同探討規畫人權政策，定期發表人權報告，提升台灣人權水準；明年建國100年，他期盼國人共同努力開拓更精彩的第2個100年。
馬英九10日上午以「改革、開創、追求公義」為題，發表國慶演說。他表示，「中華民國發展歷程曲折艱辛，曾經抵擋中共軍事進犯，確保台澎金馬安全；奮力打拚，度過多次世界經濟危機。胼手胝足推動地方自治，普及國民教育，厚植國防實力，更開創經濟繁榮與民主政治的雙重奇蹟，這是華人世界絕無僅有的成就，我們深以台灣為傲。」
馬英九致詞的重點鎖定過去2年多來，政府在社會、經濟、教育、環保、國防、兩岸與外交等方面，推動劃時代改革。對年底即將舉行5個直轄市選舉，他強調，他不認同改革會得罪既得利益失去選票，因為台灣正在和時間賽跑，不能為了選舉拖延改革，否則就對不起人民。
馬英九說，行政院主計處估計，今年台灣經濟成長率將高達8.24%，在亞洲名列前茅。在全世界前30大貿易國之中，今年前2季台灣進口成長率是第1名，出口成長率為第2名；同時，今年上半年國內生產毛額（GDP）已經超過2008年同期，也就是金融海嘯前的水準，顯示台灣景氣開始強勁復甦。1年來台灣就業增加28萬5千人，8月失業率降為5.17%，是19年來8月分首次下降。
性質: 精神性、防禦性、物質性、受益權、公民權、集體權/第1，2條
心得:
成立了人權諮詢委員會可以對人權有更好的保障。雖然台灣與過去相比，在人權上已經有很大的進步，但我們人可在社會上看到許多弱勢族群的人權沒有被保障。例如歧視同性戀和假藉理由剝奪別人的工作權等都層出不窮。因此台灣要繼續在人權上面努力以減少這類的案件發生。
創造一個公平且每個人都能擁有尊嚴的社會。
---------------------------
國際:
Judge orders military to stop enforcing 'don't ask, don't tell'By Adam Levine,
From CNN
October 13, 2010 -- Updated 0931 GMT (1731 HKT)
(CNN) --
A federal judge on Tuesday ordered the U.S. military to stop enforcing the "don't ask, don't tell" policy, putting an end to the ban on openly gay troops.
U.S. District Judge Virginia Phillips' permanent worldwide injunction -- praised by gay rights organizations -- orders the military "immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced" under the "don't ask, don't tell" policy.
The judge, a Clinton appointee based in the Central District of California, previously ruled that the policy regarding gays serving in the military violated service members' Fifth Amendment rights to due process and freedom of speech, but had delayed issuing the injunction.
The military was sued by Log Cabin Republicans, a gay rights group.
Justice Department spokeswoman Tracy Schmaler would say only that the department is "reviewing the ruling." The department has 60 days to appeal, but is not required to do so.
The Defense Department is reviewing the ruling to determine whether it has immediate impact and is consulting with the Justice Department, Pentagon spokeswoman Cynthia Smith said.
Air Force lawyers in a recent case argued the military -- not the courts -- is in the best position to evaluate and enforce the "don't ask, don't tell" policy.
President Barack Obama is pushing for a repeal of the controversial policy. A bill currently before Congress would overturn the measure after a Pentagon review is completed in December.
In her ruling Tuesday, Phillips stated the policy infringes on the rights of military personnel. "Furthermore, there is no adequate remedy at law to prevent the continued violation of servicemembers' rights or to compensate them for violation of their rights," the judge wrote.
More than 12,500 people have been booted from the military since "don't ask, don't tell" went into effect. Along with barring known gay, lesbian and bisexual individuals from serving, the policy prevents the military from asking them about it.
Log Cabin Republicans praised the ruling but urged "caution by servicemembers considering coming out at this time, as the Obama administration still has the option to appeal."
The group said the ruling is a victory for strong national defense.
"No longer will our military be compelled to discharge servicemembers with valuable skills and experience because of an archaic policy mandating irrational discrimination," it said in a statement following the ruling.
Servicemembers United, which describes itself as the nation's largest organization of gay and lesbian troops and veterans, also hailed the judge's ruling but urged gays who serve to be careful about coming out now.
"This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking," said executive director Alexander Nicholson.
The ranking member of the House Armed Services Committee called on the administration to immediately file a motion to stay the injunction so Congress can address the issue.
"We are a nation at war. This decision could have a negative impact on military and family readiness since the Department of Defense is unprepared to address the issues that are bound to arise from such a hasty change, Rep. Howard P. "Buck" McKeon, R-California, said in a statement.
Aaron Belkin, director of the Palm Center, a research institute of the University of California-Santa Barbara, said he expects the Obama administration to appeal Tuesday's order.
"The case could be done next week if the administration decides not to appeal, or it could take five years if there is an appeal, or Congress could move faster than the Justice Department, which would render this case moot," said Belkin, whose institute researches sexual minorities in the military and advocates an end to the ban.
性質: 精神性、防禦性/第2、22、23條
心得:
同性戀的族群一直是社會中禁忌的一個話題。但是醫學報告早已證實同性戀是一種正常的傾向，可能是天生基因形成，也可能是後天的文化環境所造成。有了這樣的一個觀念，同性戀者應該可以享有從軍的權利。世界人權宣言第23條提到:「人人有同工同酬的權利，不受任何歧視」。更何況軍中的「不問不說」的政策，變向的讓同性戀者不能為自己的權益發聲，反而還保護了歧視者的欺壓行為。
2010年10月6日 星期三
10/07 國際: New York Missed or Ignored Signs on Girl Who Died/ 國內: 資歷最菜吞丙 公務員看精神科
國際: New York Missed or Ignored Signs on Girl Who Died
By RAY RIVERA
Published: October 5, 2010
From Newyork times
A 4-year-old Brooklyn girl who weighed 18 pounds when she died in September appears to have gone months without a visit from child welfare workers assigned to monitor her well-being, despite indications that she could be at risk, New York’s child welfare agency revealed on Tuesday.
The agency offered a wrenching glimpse into the final months of the girl, Marchella Pierce, whose home care, it said, was “grossly inadequate.” It also found that her mother beat her with a videocassette case for punishment and tied her to a bed “for substantial periods of time.”
In a preliminary report released at a City Council hearing, the agency, the Administration for Children’s Services, provided its most detailed look yet at the events that preceded the death of Marchella, whose bruised and emaciated body was found in her family’s Bedford-Stuyvesant apartment on Sept. 2.
The report outlines a series of failures by the agency and a private provider that missed or ignored signals that the girl’s mother — who had a known history of substance abuse and who continued to fail drug tests even after the agency became involved with the family — seemed incapable of tending to her daughter’s serious medical needs.
Her mother, Carlotta Brett-Pierce, 30, who is facing charges that include second-degree assault, has told investigators that she had tied Marchella to a bed at night to keep her from taking food from the refrigerator and making a mess.
“Clearly, Marchella Pierce was a vulnerable child, and as a city we needed to do more to help her,” John B. Mattingly, the commissioner of children’s services, told council members during more than two hours of questions and testimony.
The findings, agency officials said, exposed systemic flaws inside the agency that persisted even after the beating death of 7-year-old Nixzmary Brown inside a Brooklyn apartment in January 2006 led to a series of reforms that were intended to protect children from abuse.
The problems in the Marchella Pierce case extended to an outside health care provider hired by the city to monitor her family until its contract expired in June.
The girl was born more than three months prematurely, had severely underdeveloped lungs and spent most of her life in hospitals. A twin sister died at birth. Marchella needed the help of a tracheal tube when she returned home for good in February. She weighed less when she died than when she had been released from the hospital and “was not normal weight even for a child with significant medical problems since birth,” the report said.
Although awaiting further autopsy results to determine the cause of death, agency officials said they intended in their final report to indicate that the girl was abused and neglected.
Children’s Services started monitoring the family in November after Ms. Brett-Pierce was found with drugs in her system when she gave birth to a son. In January, the agency assigned the case to Child Development Support Corporation, a Brooklyn-based provider, to work with the family and to help the mother with her drug problems.
But the city agency failed to properly assess the girl’s condition and plan for her care with Child Development Support before she returned home, the report said. That failure was compounded by inadequate home visits and assessments by both the agency and the outside provider, the report stated.
The city agency had no record that its child protective staff had any contact with the family after a brief visit on the night of March 2. That visit came after the girl’s mother took her to a hospital; her tracheal tube had fallen out, and a hospital worker, concerned about the mother’s ability to take care of the child, contacted authorities.
An agency investigator who visited the family that night reported that Marchella and her two brothers — one the infant, the other now 5 — appeared fine, but that the mother was hostile and should be evaluated on her ability to care for a child with special needs.
But neither a Children’s Services supervisor nor an assigned caseworker opened a new investigation as they should have, the report said. Nor did agency records indicate that its staff had any further contact with the family, the report said.
The girl’s father, Tyrone Pierce, is separated from Ms. Brett-Pierce.
During a review in June, an agency caseworker said he had visited the home on June 9 but no one was home. After the girl’s death, however, the same worker said he had seen the children and a grandmother on that visit.
The Child Protective Services unit in Brooklyn assigned to the case also reported after the girl’s death that her home had been visited and that the children were seen on April 6, July 22 and Aug. 12, the report said. But the visits were not recorded, and agency officials now appear to doubt that they ever took place.
A supervisor in the unit and the caseworker assigned to the case have been suspended for 30 days without pay pending a further investigation.
The report also faulted the agency’s oversight of Child Development Support and gave a scathing assessment of the provider’s handling of the case, calling it “woefully inadequate.” A caseworker there, for example, saw Marchella only three times between February and June, when its contract ended.
In February, a supervisor with the provider noted that Ms. Brett-Pierce was not complying with her drug treatment program. And in March, the treatment program told the provider that she had again tested positive for marijuana, had not met with her counselor in weeks and had threatened a program employee.
Yet on none of those occasions did the outside provider contact the city agency or the state’s central child abuse register to voice concerns, or to call for an elevated risk or child safety conference, as was required, the report said.
Marcia Rowe-Riddick, executive director of Child Development Support, has defended its handling of the case and said she was dumbfounded by the report.
“The most I can say is it’s disingenuous and incomplete,” she said. "It’s unbelievable that they continue to throw us under the bus in this case when they had responsibility for it the last two months. The fact remains: when we were in the home there was nothing going on and the child was still alive.”
Children’s Services assumed sole responsibility of the case after Child Development Support’s contract ended. As a result of the girl’s death, the agency has asked the state to help it review cases returned to the city agency’s monitoring from the outside provider. The agency also outlined a series of steps it intends to take to fix holes in the system that led to mistakes in Marchella’s case, including closer supervision of outside providers.
性質: 精神性、防禦性、受益權、公民權/ 第3,5,25條
感想:
從這則新聞事件可以了解，孩童在一個長期吸毒的母親不妥的照顧下，社會局理當該時常介入，甚至應該採取強制手段將小孩託給社會局的專門單位照顧。新聞甚至指出，小孩有受到家暴的痕跡。當小孩被發現死亡時，已經有一段時間了。這時候社會局人員開始互踢皮球，堅稱他們在4月、7月和 8月 都有去該名女童家探視。但當他們從報告中發現母親已經有一段時間沒有去接受定期毒性檢測時，社會局人員理當判斷是否她們家出了什麼問題，但社工人員並沒有採取行動而造成了這場遺憾。施暴者理當被判刑，但因為社工人員的疏忽而導致一條生命白白葬送，是否也是忽略了該名女孩的人權?
---------------------------------
國內: 資歷最菜吞丙 公務員看精神科
2010/10/05 03:04 朱真楷／專訪
中國時報【朱真楷／專訪】
考試院大力推動《考績法》修法，早在去年試辦「三％丙等」。但十八位被打丙的「苦主」，最高職位僅達科長，一名二職等的公務員，丙等理由竟是「職等太低」；有位連續七年拿甲的績優人員，甚至只因換新單位變成「菜鳥」，硬是被迫吞丙，情緒嚴重受創，如今得定期向精神科報到。
為試驗「三％丙等」可行性，考試院去年偕同轄下考選部、銓敘部、公務員退撫基金會及保訓會，與行政院所屬四機關先行試辦，最後祭出十八個丙。只是，儘管考試院宣稱已設置「十五項丙等條件」，但事實是否真的如此？
一位考績被打丙等的考試院人員，因為害怕會被秋後算帳，儘管同意現身說法，但仍堅持不願曝光。
他說，年過半百才很不容易考上公務員，在單位負責收發文；未料去年試辦結果出爐，「我的單位同事全部都是高考進來，只有我職等最低，結果上司坦白跟我說：『你被打丙，是因為你職等低、業務少。』」
「我負責收發，工作就是轉交公文，收發業務少是因為別人的公文業務少啊！」他氣憤地說，「難道職等低就該死？工作本來就是各司其職，我職等不高，有錯嗎？」
另位吃丙的人員表示，擔任公職三十年考績是「甲遠多於乙」，但九十五年時，因業務得罪司長「身邊紅人」，從此記號上身，屢次被威脅，「你今年考績不想要了是不是？」直到去年，這位司長在一次司務會議上，竟暗示所有人「我是土地公，要加減拜喔！」
他表示，事後有位科長私下警告他說，「司長說丙等就是你了，還說要開始搜集你的缺點，準備寫滿兩大張。」「果然名單一出來，就是我！」他說，更荒謬的是，他日前申請退休，長官為了安撫他的情緒，上半年的考績竟然得甲，「我要是真的這麼臭，半年能從丙變成甲嗎？」
最離譜的是一位台大畢業、過去七年在檔案局考績年年得甲的人員，因表現優異去年九月借調保訓會，最後竟因「最菜」，成了裡頭唯一吃丙的人；雖向銓敘部申訴仍被打回票，「黑掉」的他想請調其他單位也都不如意，情緒嚴重受創，目前也向精神醫師求助中。
性質: 防禦性、受益權/第22,23條
心得:
如果是工作不認真或沒有達到工作績效而考績丙等無話可說。可是以資歷深淺來打考績使否有被歧視的嫌疑? 人權宣言第23條提到:「每一個工作的人，有權享受公正與合適的報酬」。如此不公正的考評方式，已經失去了考評當初真正的立意，而淪為某些特權人士的報復工具。對於那些工作權遭威脅的人，實為一種歧視。最好的辦法是尋找權力救濟的管道，讓這個考評制度能夠回歸到公平審核的原則。
By RAY RIVERA
Published: October 5, 2010
From Newyork times
A 4-year-old Brooklyn girl who weighed 18 pounds when she died in September appears to have gone months without a visit from child welfare workers assigned to monitor her well-being, despite indications that she could be at risk, New York’s child welfare agency revealed on Tuesday.
The agency offered a wrenching glimpse into the final months of the girl, Marchella Pierce, whose home care, it said, was “grossly inadequate.” It also found that her mother beat her with a videocassette case for punishment and tied her to a bed “for substantial periods of time.”
In a preliminary report released at a City Council hearing, the agency, the Administration for Children’s Services, provided its most detailed look yet at the events that preceded the death of Marchella, whose bruised and emaciated body was found in her family’s Bedford-Stuyvesant apartment on Sept. 2.
The report outlines a series of failures by the agency and a private provider that missed or ignored signals that the girl’s mother — who had a known history of substance abuse and who continued to fail drug tests even after the agency became involved with the family — seemed incapable of tending to her daughter’s serious medical needs.
Her mother, Carlotta Brett-Pierce, 30, who is facing charges that include second-degree assault, has told investigators that she had tied Marchella to a bed at night to keep her from taking food from the refrigerator and making a mess.
“Clearly, Marchella Pierce was a vulnerable child, and as a city we needed to do more to help her,” John B. Mattingly, the commissioner of children’s services, told council members during more than two hours of questions and testimony.
The findings, agency officials said, exposed systemic flaws inside the agency that persisted even after the beating death of 7-year-old Nixzmary Brown inside a Brooklyn apartment in January 2006 led to a series of reforms that were intended to protect children from abuse.
The problems in the Marchella Pierce case extended to an outside health care provider hired by the city to monitor her family until its contract expired in June.
The girl was born more than three months prematurely, had severely underdeveloped lungs and spent most of her life in hospitals. A twin sister died at birth. Marchella needed the help of a tracheal tube when she returned home for good in February. She weighed less when she died than when she had been released from the hospital and “was not normal weight even for a child with significant medical problems since birth,” the report said.
Although awaiting further autopsy results to determine the cause of death, agency officials said they intended in their final report to indicate that the girl was abused and neglected.
Children’s Services started monitoring the family in November after Ms. Brett-Pierce was found with drugs in her system when she gave birth to a son. In January, the agency assigned the case to Child Development Support Corporation, a Brooklyn-based provider, to work with the family and to help the mother with her drug problems.
But the city agency failed to properly assess the girl’s condition and plan for her care with Child Development Support before she returned home, the report said. That failure was compounded by inadequate home visits and assessments by both the agency and the outside provider, the report stated.
The city agency had no record that its child protective staff had any contact with the family after a brief visit on the night of March 2. That visit came after the girl’s mother took her to a hospital; her tracheal tube had fallen out, and a hospital worker, concerned about the mother’s ability to take care of the child, contacted authorities.
An agency investigator who visited the family that night reported that Marchella and her two brothers — one the infant, the other now 5 — appeared fine, but that the mother was hostile and should be evaluated on her ability to care for a child with special needs.
But neither a Children’s Services supervisor nor an assigned caseworker opened a new investigation as they should have, the report said. Nor did agency records indicate that its staff had any further contact with the family, the report said.
The girl’s father, Tyrone Pierce, is separated from Ms. Brett-Pierce.
During a review in June, an agency caseworker said he had visited the home on June 9 but no one was home. After the girl’s death, however, the same worker said he had seen the children and a grandmother on that visit.
The Child Protective Services unit in Brooklyn assigned to the case also reported after the girl’s death that her home had been visited and that the children were seen on April 6, July 22 and Aug. 12, the report said. But the visits were not recorded, and agency officials now appear to doubt that they ever took place.
A supervisor in the unit and the caseworker assigned to the case have been suspended for 30 days without pay pending a further investigation.
The report also faulted the agency’s oversight of Child Development Support and gave a scathing assessment of the provider’s handling of the case, calling it “woefully inadequate.” A caseworker there, for example, saw Marchella only three times between February and June, when its contract ended.
In February, a supervisor with the provider noted that Ms. Brett-Pierce was not complying with her drug treatment program. And in March, the treatment program told the provider that she had again tested positive for marijuana, had not met with her counselor in weeks and had threatened a program employee.
Yet on none of those occasions did the outside provider contact the city agency or the state’s central child abuse register to voice concerns, or to call for an elevated risk or child safety conference, as was required, the report said.
Marcia Rowe-Riddick, executive director of Child Development Support, has defended its handling of the case and said she was dumbfounded by the report.
“The most I can say is it’s disingenuous and incomplete,” she said. "It’s unbelievable that they continue to throw us under the bus in this case when they had responsibility for it the last two months. The fact remains: when we were in the home there was nothing going on and the child was still alive.”
Children’s Services assumed sole responsibility of the case after Child Development Support’s contract ended. As a result of the girl’s death, the agency has asked the state to help it review cases returned to the city agency’s monitoring from the outside provider. The agency also outlined a series of steps it intends to take to fix holes in the system that led to mistakes in Marchella’s case, including closer supervision of outside providers.
性質: 精神性、防禦性、受益權、公民權/ 第3,5,25條
感想:
從這則新聞事件可以了解，孩童在一個長期吸毒的母親不妥的照顧下，社會局理當該時常介入，甚至應該採取強制手段將小孩託給社會局的專門單位照顧。新聞甚至指出，小孩有受到家暴的痕跡。當小孩被發現死亡時，已經有一段時間了。這時候社會局人員開始互踢皮球，堅稱他們在4月、7月和 8月 都有去該名女童家探視。但當他們從報告中發現母親已經有一段時間沒有去接受定期毒性檢測時，社會局人員理當判斷是否她們家出了什麼問題，但社工人員並沒有採取行動而造成了這場遺憾。施暴者理當被判刑，但因為社工人員的疏忽而導致一條生命白白葬送，是否也是忽略了該名女孩的人權?
---------------------------------
國內: 資歷最菜吞丙 公務員看精神科
2010/10/05 03:04 朱真楷／專訪
中國時報【朱真楷／專訪】
考試院大力推動《考績法》修法，早在去年試辦「三％丙等」。但十八位被打丙的「苦主」，最高職位僅達科長，一名二職等的公務員，丙等理由竟是「職等太低」；有位連續七年拿甲的績優人員，甚至只因換新單位變成「菜鳥」，硬是被迫吞丙，情緒嚴重受創，如今得定期向精神科報到。
為試驗「三％丙等」可行性，考試院去年偕同轄下考選部、銓敘部、公務員退撫基金會及保訓會，與行政院所屬四機關先行試辦，最後祭出十八個丙。只是，儘管考試院宣稱已設置「十五項丙等條件」，但事實是否真的如此？
一位考績被打丙等的考試院人員，因為害怕會被秋後算帳，儘管同意現身說法，但仍堅持不願曝光。
他說，年過半百才很不容易考上公務員，在單位負責收發文；未料去年試辦結果出爐，「我的單位同事全部都是高考進來，只有我職等最低，結果上司坦白跟我說：『你被打丙，是因為你職等低、業務少。』」
「我負責收發，工作就是轉交公文，收發業務少是因為別人的公文業務少啊！」他氣憤地說，「難道職等低就該死？工作本來就是各司其職，我職等不高，有錯嗎？」
另位吃丙的人員表示，擔任公職三十年考績是「甲遠多於乙」，但九十五年時，因業務得罪司長「身邊紅人」，從此記號上身，屢次被威脅，「你今年考績不想要了是不是？」直到去年，這位司長在一次司務會議上，竟暗示所有人「我是土地公，要加減拜喔！」
他表示，事後有位科長私下警告他說，「司長說丙等就是你了，還說要開始搜集你的缺點，準備寫滿兩大張。」「果然名單一出來，就是我！」他說，更荒謬的是，他日前申請退休，長官為了安撫他的情緒，上半年的考績竟然得甲，「我要是真的這麼臭，半年能從丙變成甲嗎？」
最離譜的是一位台大畢業、過去七年在檔案局考績年年得甲的人員，因表現優異去年九月借調保訓會，最後竟因「最菜」，成了裡頭唯一吃丙的人；雖向銓敘部申訴仍被打回票，「黑掉」的他想請調其他單位也都不如意，情緒嚴重受創，目前也向精神醫師求助中。
性質: 防禦性、受益權/第22,23條
心得:
如果是工作不認真或沒有達到工作績效而考績丙等無話可說。可是以資歷深淺來打考績使否有被歧視的嫌疑? 人權宣言第23條提到:「每一個工作的人，有權享受公正與合適的報酬」。如此不公正的考評方式，已經失去了考評當初真正的立意，而淪為某些特權人士的報復工具。對於那些工作權遭威脅的人，實為一種歧視。最好的辦法是尋找權力救濟的管道，讓這個考評制度能夠回歸到公平審核的原則。
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