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Record W642609930

Human rights and the effluxion of time; Canada's Chinese immigration act as illustrative of the need for judicial remedies for human rights violations of the distant past

2007· dissertation· en· W642609930 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueDurham e-Theses (Durham University) · 2007
Typedissertation
Languageen
FieldSocial Sciences
TopicImmigration Law and Human Rights
Canadian institutionsnot available
FundersDurham UniversityU.S. Department of Justice
KeywordsHuman rightsPolitical scienceLegislatureLawUnderpinningFundamental rightsImmigrationInternational human rights lawLaw and economicsSociologyEngineering
DOInot available

Abstract

fetched live from OpenAlex

In the post-World War II era, the concept that all humans possess certain fundamental rights has achieved widespread acceptance. While no geographic limitations are acknowledged to the universality of human rights and the availability of remedies for the violation of those rights, temporal limitations seem to persist. That is, even very serious human rights violations of the distant past have often failed to attract remedies, particularly judicial remedies. The result can be lingering societal discontent. One example has been the case of Chinese immigration Canada who for many decades were required to pay a "head tax" and were for a further period banned altogether. An examination of the history of Canada's Chinese Immigration Act provides evidence of the need for courts to be able to effectively consider and, where appropriate, provide remedies for human rights violations of the distant past. Recommended changes that would facilitate this include: recognition that at least some human rights exist independently of the legislative instruments that have been created to protect them, and can be given judicial effect without recourse to those legislative instruments; recognition that the policy grounds underpinning judicial remediation of human rights violations are essentially the same as those underpinning judicial remediation of criminal offences; and development of a reasoned approach by which to distinguish between those cases for which the courts should provide remedies and those for which they should not.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.597
Threshold uncertainty score0.997

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0000.001
Science and technology studies0.0040.001
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.007
GPT teacher head0.266
Teacher spread0.259 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it