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Laws create holders of duties and rights (stakeholders) and enforceable relationships between them.
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As potential participants in the drama and as holders of a duty of care toward healthcare workers, the general public also should be involved in setting limits to duty.
So a further problem with the duty to care, aside from its vagueness, is that it fails to consider the holder of the duty as a multiple agent belonging to a broader community.
Mr Geanakoplos reckons this would address the incentive problems and legal issues faced by servicers, which often have fiduciary duties to holders of mortgage securities.A measure called lien-stripping, or, more commonly, "cramdown", offers another way around the securitisation bottleneck.
Laws often establish, resource and empower regulators to monitor the performance of duty holders and to take enforcement actions, including prosecutions, against them, if necessary.
Police may order temporary seizure of firearm license and firearms in case that the holder is charged with any intentional crime, or a negligent crime connected with breach of duties relating to possession, carrying or use of firearms or ammunition.
Under the Broadcasting Act 1990, Ofcom, the media regulator, also has an ongoing duty to ensure holders of broadcasting licences pass a "fit and proper" test.
The previous handbook provided the distinction between rights holders, duty bearers and holders of responsibilities with regard to the right to food, as well as the functions and tasks that each one carries out.
DACAW applies the HRBA by promoting child rights and women's rights in Government policies and practices; supporting awareness‐raising of rights holders and duty bearers; supporting and promoting participation and empowerment of target groups, and the accountability of duty bearers.
and related procedures for: (1) the ex-ante pro-active enforcement of duties of care by regulators, generally health and safety agencies; and (2) the ex-post facto reactive scrutiny of events, the identification of duty holders, the assessment of what happened and what should have happened and, if appropriate, the imposition of sanctions and/or the granting of remedies.
According to a rights-based approach one would expect to find that UNICEF first identifies the rights of rights-holders and the obligations of duty-bearers and assesses their capacity to fulfil them.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com