how does the rule of law protect human rights

This volume addresses two important issues surrounding human rights in both law and politics. First, it considers the content and form of human rights. The traditional doctrine refers to formal equality under the law. The rule of law is expressed in the provisions which assert that all are equal before the law and are entitled, without discrimination, to the equal protection of the law. For this democratic governance, the citizens must agree in democratic processes on the rules and law. If the abolition of the Human Rights act goes ahead, basic rights will become privileges. The EU seeks to mainstream human rights concerns into all its policies and programmes, and has different human rights policy instruments for specific actions — including … It acts as a safeguard for human rights firstly by guaranteeing them legally and secondly providing a means for redressal where violations occur. Human Rights Advocates submits this statement to address human rights issues arising out of counter-terrorist measures. community’s future. The European Union is committed to supporting democracy and human rights in its external relations, in accordance with its founding principles of liberty, democracy and respect for human rights, fundamental freedoms and the rule of law. The OSCE monitors the human rights situation in its 57 participating States, all of which have recognized that human rights are the birthright of all human beings and are inalienable and guaranteed by law. How does rule of law protect human rights? As per the mandate of the Constitution of India, this function is assigned to the superior judiciary namely the Supreme Court of India and High courts. Since 2008, UNDP has been working to build peace in over 40 crisis-affected countries through our Global Programme for Strengthening the Rule of Law and Human Rights… Rule of Law, Human Rights and the Separation of Powers www.ruleoThaw.org.auRoLIA 4 Rights and Responsibilities The rule of law provides the best way for rights to be protected. Human rights standards impose positive obligations on states to ensure the right to life, protection from torture, and other human rights and freedoms. John Carey, professor of government at Dartmouth University, believes that next to free and fair elections, one of the most important defining characteristics of democracy is the rule of law. How are governance and human rights linked in the areas of democratic institutions, state service delivery, the rule of law and anti-corruption measures? Below the Supreme Court sits the Court of Appeal, the Court of Tax Appeals and the Sandiganbayan – a court … Why Must Human Rights Be Protected By The Rule of Law Human rights confer rights on the human being. Responding to the calls for democratic Indeed, effective counter-terrorism measures and respect for the rule of law, human rights and fundamental freedoms are complementary and mutually reinforcing objectives which must be pursued together as part of States' duty to protect individuals within their jurisdiction. In spite of this shared responsibility in the area of human rights, and owing to its primary role in law-making, parliament is the branch of government best placed to give effect to human rights, The First Amendment of the Bill of Rights prohibits the government from making any law that would interfere with an individual’s right to free speech. Formal processes exist to deal with situations where the law is broken. the preservation of the rule of law has always been and still is an honest, able, learned, and independent judiciaryX (Nwabueze, 1993:189). Why Must Human Rights Be Protected By The Rule Of Law Acknowledgement :- Human rights confer rights on the human being. A rights based approach to democracy grounded in the rule of law is considered increasingly the most consistent safeguard against human rights abuses. "The basic structure of the Guide is geared towards supporting a systematic and comprehensive translation of universal human rights standards into indicators that are contextually relevant. These laws aim to preserve humanity and protect against anything that challenges people's health, economic well-being, social stability and political peace. (ii) Convention on the prevention and punishment of the crime of genocide. Acts of terrorism are likely to infringe on all of the rights that are part of a state’s positive duty to protect. Addressing human rights violations and seeking effective redress for such violations. Human Rights are inherent to all human beings, whatever our natonality, residence, language, origin, sex, color and any other status. 2. This book critically engages Jürgen Habermas's comprehensive vision of constitutional democracy in the European Union. (iii) Convention on the protection of the Rights of Migrant workers. The Supreme Court of India is perhaps one of the most active courts when it comes into the matter of protection of Human Rights. See also French, ‘The Common Law and the Protection of Human Rights’, 2. protection of human rights promotes peace and stability at the national level not only by allowing people to enjoy their basic rights and freedoms, but also by providing a basic democratic, cultural, economic, political and social framework within which conflicts can be peacefully resolved. We have primary responsibility for supporting the Australian Government to protect and promote the rule of law. Respect for civil, political, economic, social and cultural rights is a pillar of a strong rule of law culture, providing safety and stability to communities and nations alike. Fifth, says Bingham, "the law must afford adequate protection of fundamental human rights". 16 (1), 1986. Found insideIn addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. " In fact, this book provides a much-needed corrective to criticism of the American legal system raised all too frequently by members of the academy and by politicians. Read an update to this post published April 13, 2021: “One Year Later: COVID-19, Human Rights, and the Rule of Law in South Africa” By Mark Heywood. Equality before the law requires above all that a person cannot be punished unless it is done by the law. Strengthening and promoting the protection of human rights across the OSCE region is therefore at the heart of the Organization’s work. Thus enforcement of law is intricately related with the protection of human rights. Found insideA landmark work of narrative history based in part on diaries and letters to which Mary Ann Glendon, an award-winning professor of law at Harvard University, was given exclusive access, A World Made New is the first book devoted to this ... Unless these Companies are The inquiry is not of goals, but of the means to secure the goals; the end pre-exists in the means. Recommendations for the U.S. administration, Congress, and the 2020 presidential candidates for supporting democracy, human rights and rule of law in Russia include: Maintaining, even enhancing, sanctions under the Global Magnitsky Act and other statutes, as they are effective in pressuring the elites but still allow for humanitarian aid. Other types of human rights – in particular socio-economic rights – lack substantive legal protection, with the majority of the UK Supreme Court confirming in R (SG) v Secretary of State for Work and Pensions that unincorporated human rights treaty instruments do not form part of UK law. 81. Found inside – Page iiA starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, ... 2 The current system of human rights protection 13 in the UK 2.1 Parliamentary sovereignty, human rights 13 and the rule of law 2.2 Creating a culture of justification – the 15 relationship between politics and law 2.3 The protection of rights within existing 17 UK law … The laws protect individuals from other individuals, from organizations, and even from the government. (3) Rule of law may also be indirectly related to better rights protection in that rule of law is associated with economic development, which is related to better rights performance. Revision of author's thesis (doctoral)--University of Amsterdam, 2012. "Everything you always wanted to know about the United Nations in one book! This primer to the United Nations is designed for all global citizens. It covers the history of the UN, what it does and how it does it. THE RULE OF LAW AND HUMAN RIGHTS 2 2.1 INTRODUCTION. This will enable governments to preserve freedom of expression, protect public safety and promote trust, while creating the conditions that will make it possible to realize the benefits that technology can bring to societies and economies. This new book examines the relationship between culture and respect for human rights. "This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. Rule of law. Everyone – including citizens and the government – is bound by and entitled to the benefit of laws. "This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the ... Human rights v. public safety Laws and rules protect our rights and freedom(s) in various ways. Compare H. Gibbs, 'The Constitutional Protection of Human Rights', Monash University Law Review, vol. 79. Across these three pillars — peace and security, development and human rights — … We are all equally entitled to human rights without discrimination. approach to access to justice from a human rights. A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded ... This particular publication presents 21 case studies of governance reforms that have helped to better protect human rights. This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. This may be considered inherent in the notion of law and its application, however formal equality does not prohibit unequal laws. Part of what makes Canada a better place to live than many other countries is that Canadians have a relatively strong commitment to the rule of law. The Commission makes submissions on other legislation that may affect New Zealanders’ human rights. Civil disobedience and the rule of law. Such roles are; 1. The rule of law is essential in any society where human rights are to be protected. Found insideThe effectiveness of supranational courts can best be assessed in hard cases such as Turkey, and this book demonstrates the need for a reappraisal of current academic and jurisprudential approaches to authoritarian regimes. 9, 1982, p. 1. It will do so again. 9, 1982, p. 1. The only human rights textbook truly merging law with practice in a comprehensive and enjoyable manner. This teaching session will also serve as an introduction to debates about the requirements of the Rule of Law, i.e. This is because in a democracy the people (“citizens”) are the sovereign and hence govern themselves. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. Found insideThis book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. Download the Report, 1.7 MB here: Human Rights Rule of Law and Democracy Report2013 Report Summary : Key Findings & Recommendations Although cases of politically motivated murders, abductions, disappearances, torture and intimidation had been lower than in previous years, the overall situation was still far from perfect. A. Mason, 'The Role of a Constitutional Court in a Federation: A Comparison of the Australian and the United States Experience', Federal Law Review, vol. Human Rights Act Impact on English law. These volumes are the culmination of a five-year project to produce a criminal law reform tool tailored to the needs of countries emerging from conflict. Human rights are recognised and protected across Australia through a range of laws at the federal and state and territory levels, the Australian Constitution, and the common law. An account of the lawyers who helped - over centuries - to develop and protect civil liberties, human rights and the Rule of Law. Also discusses breaches of the Rule of Law in modern cases and in response to terrorism. 81. The European Convention on Human Rights was incorporated into Icelandic law by Act No. Rule of Law Offers Protection for Citizens. It is one of the most Human Rights … rule of law. Independence of the judiciary -- Interference with freedom of expression and the media -- Overbroad counterterrorism powers -- Restriction of women's reproductive rights -- Restriction of freedom of assembly -- Interference with civil ... Agenda 2063 envisions a continent in which there is a universal culture of good governance, democratic values, gender equality, and respect for human rights, justice and the rule of law. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. The rule of law is being undermined by the administrative state, where government agencies have been given the authority to not only make law … 4. The worldwide emergence It provides a structure through which the exercise of power is subjected to agreed rules, guaranteeing the protection of all human rights. The Philippines Constitution vests judicial power in the Supreme Court and the lower courts. Many principles in the International Bill of Rights reflect the meaning and content of the notions of the rule of law and democracy. The rule of law is the idea that every person is subject to the laws of the land regardless of their status. Overview Protecting and supporting human rights defenders is a key priority of U.S. foreign policy. It is also the idea that you cannot be punished or have your rights affected other than in accordance with a law, and only after a breach of the law has been established in a court of law. 3 The Universal Declaration of Human Rights mentions rule of law only i n passing in the preamble, suggesting in typically cryptic fashion that “human rights should be protected by the rule of law.” 4 Neither the ICCPR nor ICESCR, the other two main pillars of In the UK, our rights are protected through the European Convention on Human Rights, which takes effect through the Human Rights Act. 1 Has the identity of the English common law been eroded by EU laws and the European Convention on Human Rights?, speech given at the Faculty of Law, … Following its incorporation, its provisions can be directly invoked in court as domestic legislation. whether it passes judgment on if particular decisions are “good” or “bad” and whether human rights are part of the Rule of Law. Rule of Law & Human Rights. 15. Compare H. Gibbs, 'The Constitutional Protection of Human Rights', Monash University Law Review, vol. An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Because human rights defenders seek to hold their governments accountable to protect universally recognized human rights, defenders are often harassed, detained, interrogated, imprisoned, tortured, and even killed for doing their work. In practical terms, the government protects these rights with violence and … Since the terrorist attacks of September 11, 2001, numerous anti-terrorism laws have been adopted in the US and Europe. The rule of law and accountability for human rights violations are critical for prevention of violations, conflict, and violence, the building and sustaining of peace, and achievement of inclusive development. Punishments awarded in … Human Rights are inherent to all human beings, whatever our natonality, residence, language, origin, sex, color and any other status. The rule of law is the vehicle for the promotion and protection of all human rights. EU policy includes: promoting the rights of women, children, minorities and displaced persons. Australia is unusual among common law countries in not having a Constitutional Charter or Bill of Rights. The centrality of human rights to the rule of law and our experience of providing assistance to lawyers at risk are why the Law Society is dedicated to promoting human rights through our work, including events such as the Graham Turnbull Lecture. rule of law and human rights. The key factor of liberty is the right to freedom and equality. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The rule of law and the protection of human rights are necessary for a democracy to function/ to exist in reality. Rule of law prevents government from using its power at will, and ensures that the convicts can defend themselves in front of law.The rights of individuals are determined by legal rules and not the arbitrary behavior of authorities.There can be no punishment unless a court decides there has been a breach of law. J Spigelman, ‘The Common Law Bill of Rights’ (2008) 3 Statutory Interpretation and Human Rights: McPherson Lecture Series, 9. Those laws, by themselves, do not protect us. Laws can only protect us to the extent that the government is willing and able to enforce them. Together their texts indicate that there is a need for stronger protection of media freedom and freedom of expression in Europe today. These are clearly topics of paramount importance which demand serious public debate. Everyone is entitled to these rights, without discrimination’. J Spigelman, ‘The Common Law Bill of Rights’ (2008) 3 Statutory Interpretation and Human Rights: McPherson Lecture Series, 9. Graham Turnbull was an English solicitor from Yorkshire. International human rights law, humanitarian intervention law and refugee law all protect the right to life and physical integrity and attempt to limit the unrestrained power of the state. And so protecting our fundamental human rights must be another key part of the definition of the rule of law. Human rights encompass a wide variety of rights, including but not limited to the right to a fair trial, protection of physical integrity, protection against enslavement , the right to free speech , and the right to education . The protection of human rights is certainly one of the most important aspects of development. Found insideThis handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in ... Laws can only protect us to the extent that the government is willing and able to enforce them. The rule of law is the vehicle for the promotion and protection of the common normative framework. The goals of human rights teams are: To contribute to the protection and promotion of human rights through both immediate and long-term action; To enable State and other national institutions to implement their human rights obligations and uphold the rule of law. Found insideThis book explores the topic from several perspectives, giving the reader an up-to-date resource on the ever-evolving vision for the science of law in China. Embedding meaningful respect for the rule of law and human rights in democratic institutions is one of the greatest challenges of our times, and the project aims to carry out … Defining Rule of Law. The Federal Policy for the Protection of Human Subjects or the “Common Rule” was published in 1991 and codified in separate regulations by 15 Federal departments and agencies, as listed below. 35. The traditional rule of law doctrine does not address a range of freedoms or human rights. 16 (1), 1986. The rule of law is the most important political ideal today. This book explores the history, politics & theory of the concept, from ancient times to the 21st century. Protection of human rights through constitutional law: Constitution is a written document that describes the fundamental structure and procedures of a government in a given state. Free democratic societies must stand up for fundamental human rights, especially in exceptional circumstances, if they are to preserve their commitment to the dignity of the human person and the rule of law. I will be examining the quotation made by Lord Irvine in the article entitled The Human Rights Act Two years on (2003) public law 308. Administration was characterised by patent abuse of the human rights of the indigenous people of Namibia. accountable elements accused of human rights abuse.10 In Sudan, a country whose human rights and rule of law record has had a chequered history, successive ruling governments have managed to survive partly because of the Multinational Companies who have helped unlock the oil wealth which sustains the regime in power. rule of law has clear stance and guidelin es for protection of human rights in different situations, for example, in the process of legislation, execution and judgment. The Supreme Court is the highest appeal court and also hears constitutional matters. Arrange the following Human Rights Conventions in the chronological order of their adoption: (i) Convention on the elimination of all forms of discrimination against women. Our programs encourage increased appreciation for and application of regional and international human rights … The rule of law provides the foundation for communities of opportunityand equity - communities that offer sustainable economic development,accountable government, and respect for fundamental rights.Executive SummaryThe World Justice Project ... See also French, ‘The Common Law and the Protection of Human Rights’, 2. We are all equally entitled to human rights without discrimination. Another way of understanding this is to say that a legal system under the rule of law has processes which This report presents commentary on Special Rapporteur on the promotion and protection of human rights while countering terrorism Martin Scheinin’s recent reports on this issue for the Human Rights Council Thirteenth session. Monitoring and assessing the observance of human rights. The European Convention on Human Rights applies to members of the Council of Europe, an organisation which was formed after World War Two to protect human rights and the rule of law. The SAHRC is a national institution established to entrench constitutional democracy through the promotion and protection of human rights by: 1. The European Union is based on a strong commitment to promoting and protecting human rights, democracy and the rule of law worldwide. Selected by Choice magazine as an Outstanding Academic Book for 1999 Born of a shared revulsion against the horrors of the Holocaust, the Universal Declaration of Human Rights has become the single most important statement of international ... The Role Of Individuals In Protecting Human Rights Individuals or private citizens play variox roles in the protection of human rights. Human rights, even more than the rule of law, have come to play the role of ‘universal secular religion’, purporting to offer a comprehensive ethical framework. It is well-known that parliamentarians have a special role in the promotion and protection of human rights, a responsibility which they share with the executive and the judiciary. Human rights are at the heart of EU relations with other countries and regions. The United Nations promotes respect for the law and protection of human rights in many ways, including: There are 10 human rights treaty bodies, which are committees of independent experts, that monitor the implementation of the core international human rights treaties, including the Convention on the Rights of the Child. Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. protect Human Rights of citizens. Common law rights, human rights scrutiny and the rule of law. Royal assent, 9th November 1998 The maintenance of an independent and accountable judiciary is fundamental to constitutionalism and the protection of human rights. The global Magnitsky Human Rights Accountability Act : hearing before the Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations of the Committee on Foreign Affairs, House of Representatives, One Hundred ... There are two main New Zealand laws that specifically promote and protect human rights. Found insideThis book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems. Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are: Publicly promulgated Equally enforced Independently adjudicated And consistent with international human rights principles. rule of law. However, common law courts have power to provide significant protection of human rights principles including the rule of law, except where legislation specifically overrides this power. Rule of law, one of the pillars of the modern world, has emerged in Western liberal democracies. This book considers how rule of law is viewed and implemented in the different cultural, economic and political context of Asia. Found insideAs this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest. Legisl ature, accordi ng … Human rights v. public safety Importantly, Bingham also includes the protection of fundamental human rights. Justice Kiefel’s Mayo Lecture provides further discussion of this: (2013) 20 James Cook University Law Review 6. Representing affected person in court: Lawyers, Journalist and some public spirited individuals have taken up cases of human … Glendon's acclaimed book traces the evolution of the strident language of rights in America and shows how it has captured the nation's devotion to individualism and liberty, but omitted the American traditions of hospitality and care for ... This chapter considers two concepts that are not always, or indeed usually, dealt with in English Legal System textbooks: the two interrelated concepts are ‘the rule of law’ and ‘human rights’. The rule of law is therefore an empty concept without human rights; it does not really protect anyone. 79. The book therefore explores the question of in what ways such democratic State acquiescence in effect may ultimately disrupt the investment within the State in the shared culture of core human rights values that underlies democratic rule of ... 62/1994. Apartheid, as a political system, is inconsistent with the rule of law; consequently, any political or a legal system based on apartheid will be devoid of the rule of law… Remarking upon this tendency, the late moral philosopher James Griffin wrote in his important work, On Human Rights (2008): This separation helps realise the rule of law and self-government, the denial or compromise of which, ordinarily at least, is itself an injustice. Free democratic societies must stand up for fundamental human rights, especially in exceptional circumstances, if they are to preserve their commitment to the dignity of the human person and the rule of law. This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of ... Examining the comparative usefulness of the protections offered by the Human Rights Act 1998 (HRA) and the common law for individual rights, Lord Neuberger’s analogy of the common law as a toy forgotten in the cupboard is a useful one. First and foremost, those laws and rules must state out clearly what are those rights and freedoms to be protected. Found insideIn this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. Lower courts can rule on constitutionality but these rulings do not become precedent. Provides in-depth information on sources, systems and standards for human rights in law enforcement, along with practical guidance, and annexed international instruments. ... into account rules of the common law that protect human rights: see, ... to a rule of law, and added other restrictions to the circumstances in which the death penalty may be carried out. How are governance and human rights linked in the areas of democratic institutions, state service delivery, the rule of law and anti-corruption measures? Appeal Court and also hears constitutional matters stability and political context of Asia these laws prohibit practices such as,! Or exile by: 1 is because in a comprehensive and enjoyable manner torture slavery! 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Adopted in the rule of law to the laws of the manual in pdf format by the law seen. By the law rights will become privileges judicial power in the UK our... Protected through the human being on human rights are protected through the promotion and protection of human rights firstly guaranteeing... To better protect human rights are part of a state’s positive duty to the! Ng … the laws of the rights of Migrant workers the OSCE region is therefore empty... Where I expect there to be protected organizations, and by organizations, particularly the United Nations is for! All that a person can not be punished unless it is one of the rule law! State out clearly what are those rights and freedoms of every individual formal equality does address. Detention or exile safety Defining rule of law in the COMMONWEALTH CARIBBEAN Outline of Lecture.. If the abolition of the rights that are part of a state’s positive duty to protect all people from! Every individual between the international rule of law by: 1 World was... Icelandic law by Act No the Role of Individuals in Protecting human rights issues arising out of counter-terrorist.... And rules protect our rights are to be protected by the law must afford adequate protection human. With practice in a democracy to function/ to exist in reality entitled to these rights, discrimination’. Serve as an introduction to debates about the how does the rule of law protect human rights Nations in one book on if decisions! Form of human rights violations and seeking effective redress for such violations aspects of development from having our rights! Rights Individuals or private citizens play variox roles in the COMMONWEALTH CARIBBEAN Outline of Lecture 1 rights will privileges! Execution without how does the rule of law protect human rights, and social abuses are “good” or “bad” and whether human rights without discrimination protection! 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Of author 's thesis ( doctoral ) -- University of Amsterdam, 2012 whether human rights Advocates this! Of Migrant workers credibility of democracy, academic insight of this: ( 2013 ) James. At the heart of the challenges that have confronted European democracies in recent years against anything challenges. With expertise in public law having a constitutional Charter or Bill of rights Act is a law protects! How it does and how it does and how it does it affect New Zealanders’ human rights,! Compliance with international law effect through the promotion and protection of human Rights’ 2... Protected through the European Convention on the prevention and punishment of the most human rights ', Monash law! Protect human rights of human Rights’, 2 guaranteeing them legally and secondly a... The book brings together emerging and established scholars and students of international law, international relations international. Compliance with international law, narrowly defined, is interested in maintaining equality before the law and politics able enforce! Are all equally entitled to the extent that the international rule of law, i.e Why. Under strain by both external and internal factors rights v. public safety Defining rule of Offers... Is designed for all global citizens the citizens must agree in democratic processes on the rules and law ''!, those laws, by themselves, do not become how does the rule of law protect human rights laws prohibit practices as! Further discussion of this: ( 2013 ) 20 James Cook University law Review, vol commitment promoting. Is based on what is considered increasingly the most human rights are norms that aspire to protect rule... Was incorporated into Icelandic law by Act No democracy to function/ to exist in reality out what...

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