In the final part of the seminar, we shall compare the evidential requirements, available remedies and the duration and cost of available procedures for IP infringements in different jurisdictions around the world. We hope that this will help us to answer the question, what improvements could be made to give our clients better protection?
By the end of the seminar, participants should certainly have a better understanding of what their clients need to know to operate in this ever-changing landscape. UIA Statement: Turkish Authorities Must Immediatly Cease Persecution Against Lawyers Upon the occasion of the Executive Committee meeting of the Union Internationale des Avocats convened in Bilbao, Spain, on January 26, and in solidarity with the 9th Day of the Endangered Lawyer, a statement was released to express UIA serious concern about the recurrent persecution, prosecution, interrogation, detention and torture of our Turkish lawyers simply in the course of the exercise of their profession.
It sets out, for the first time, fundamental human rights to be universally protected. The UDHR has been translated into languages. Without our rights, our humanity is lost. Each day, in every way, we must work together to uphold our own rights and those of others. As lawyers representing more than an hundred countries and two dozens languages, we, at the UIA, appreciate the importance and relevance, even seventy years later of the Universal Declaration of Human Rights, as the UIA stands up for human rights.
The Women in Leadership in Law project aims to bring about true equality, to understand the barriers that persist, and to provide meaningful action-orientated solutions for our members. As the th president of the Law Society, and only the fifth woman to hold this office, I am deeply committed to driving this project to promote diversity and gender balance. Evidence-based At first glance, the statistics look positive. The number of women partners is on the rise and the number of practising solicitors from minority ethnic groups is at its highest to date at over 19, With almost 8, respondents the survey is the largest on the topic to date.
The results identified three key perceived barriers to women achieving positions of leadership: 1. Some of the key themes which have emerged from the domestic UK roundtables include: Ambition — time and again participants said there is no lack of drive or ambition, but many women reported that presumptions made about them as women have damaged their careers — this was particularly perceived by women with disabilities.
Balancing act — juggling work and caring responsibilities for young and elderly relatives falls predominantly, and often entirely, to women whilst they juggle demanding careers. The purpose of the roundtables is to identify best practice solutions and to empower women to become change makers and leaders in their organisations. From Chicago to Kigali, to Singapore and beyond, women have contributed to our research through hosting and joining roundtables in their jurisdictions and sharing the issues which are pertinent to them. In our firm, there are so many ethnic minorities, but as you go higher and higher, the colour seems to fade.
Credit — when taking on heavy lifting or work that is seen as undesirable, appreciation or acknowledgement can be overlooked. Ethnicity — examples of the worst barriers, challenges and obstacles faced were received from members of the Black, Asian, and minority ethnic BAME community who face multiple challenges related to intersectionality. Flexibility — everyone has personal matters that attend to, and these should not be overlooked, or individuals made to feel awkward for not being in the office; greater flexibility and understanding from business leaders can prevent presenteeism, engender loyalty and contribute to wellbeing.
Networking — gender neutral and inclusive activities for networking are preferred and particular activities such as rugby, football and golf, were perceived as alienating for many women. People said this could be devastating to careers and especially career progression. Proof — individuals with protected characteristics such as race, ethnicity, religion, disability, sexuality or age face a double burden to prove themselves compared to their peers because of the stereotypes which they face. Solitude — women who have made it to the top reference their lone voice as women in the top echelons of senior leadership, and the consequent struggle to be heard or understood.
Support — commitment from senior leadership is required to ensure that diversity and inclusion is a business priority. Of course, the challenges faced by women across international jurisdictions vary considerably. By gathering data on what is being experienced, we believe that we can create target solutions to overcome unnecessary barriers to progression. Actionable solutions The purpose of the roundtables is to identify best practice solutions and to empower women to become change makers and leaders in their organisations.
Our bespoke toolkits include calls to actions for individuals, firms and organisations of all sizes to address gender imbalances and accelerate change. However, the openness of the discussions and the shared experiences have led to the creation of a powerful network of women from all walks. A separate but complimentary toolkit has been created to assist in these discussions. So far, sessions have only taken place in the UK, but we would like them to be held in other jurisdictions as well.
The next step will be to bring women and men together to discuss initiatives and interventions to accelerate change. Feedback we have received from women who have hosted roundtables in their own firms paints a similar picture. Women in senior roles who thought that much of what they experienced whilst rising through the ranks had changed have been startled to hear that the issues persist, and they are consequently re-energised and inspired to be part of the solution, often offering to be mentors or sponsors to junior colleagues. Solving the challenges women face would also result in a more inclusive experience for men as well as promoting a more diverse and inclusive culture more widely.
This makes sound business sense. So it is important that men are also involved in our research. Academic perspective As part of the Women in Leadership project, academics from the University of Westminster and the University of Birmingham have conducted a review of studies about women in the legal profession to answer the research questions: to what extent have women solicitors reached a position of equality in the profession, and to the extent to which they have not, why not and what can be done to remedy the inequality.
The review outlines the structural and cultural barriers to women progressing from an academic perspective and explores theoretical approaches which are used to explain and tackle these. The report provides insight in a range of areas, from the impact of parenthood on careers to unconscious bias and its role in the recruitment; career development and promotion of lawyers. It also explores the changing nature of legal practice — how regulatory, educational and technological changes may have a differential impact on male and female lawyers now and in the future.
We hope that this will be a momentous occasion and further catalyst for change. Gender balance for the future I believe that this is the time to achieve real transformation and a profession which is more inclusive, diverse and truly representative. I see no limit to the positive impact of this work and international lawyers are a central part of it. My presidency will conclude in July , but my successor Simon Davis will continue this important work.
These findings will also be presented in New York to coincide with the 63rd session of the United Nations Commission on the Status of Women. To mark the centenary of the Sex Disqualification Removal Act , the historic legislation which recognised women. If you would like to be involved in the project, please do feel free to reach out to me at President LawSociey. More information can also be found on the Law Society webpage where PDF versions of our toolkit resources can be downloaded.
The conference will explore in more detail the key findings of our research. We will also launch our final set of toolkits which will bring together all that we have learned from the research about what works and how to achieve it. Recognising the applicability to other jurisdictions and industries, we also.
In , the State of New South Wales NSW , the largest in population and the first settled by Europeans in Australia, celebrated years since women became entitled to practise law. The initiative is billed, very deliberately, as the First Years, because we are only just beginning! A married woman, with the exception of royalty, was at law incapable of exercising any public function. It is significant to reflect on the fact that although we commemorate years since women were admitted as solicitors in NSW, the first woman to be appointed to full judicial office in NSW remains Patron of the Women Lawyers Association of NSW — the Honourable Acting Justice Jane Mathews AO, and still actively campaigns for inclusion and diversity in our profession.
There have been many female trailblazers in the practise of law in Australia, but Marie Byles serves as a standard-bearer for the attitudes which ought to guide any modern law firm.
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- Revisiting Dante's Promised End: Eschatological Implications of Peguy's Jeanne d'Arc Mysteries.
- Le Testament Oublié;
- La confidente du Tsar on Apple Books;
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The newness of these milestones should make us ever more determined to uphold them and take them to new chapters in our future history. It is hard to imagine in the 21st century a time that such things were considered controversial; they represent a recognition that women are qualified to represent and advise others about their legal rights, and qualified to represent their community as members of parliament. Even when I began as a solicitor in , there were not many women in the profession in NSW.
As lawyers, people of all kinds from all walks of life come to us for help. A lawyer has to be able to anticipate what is important to people and what might happen in their lives. Women bring this sort of human empathy to the practice of law in strong measure — made possible by highly developed communication, listening and problem-solving skills. Marie Byles is upheld as an example of lawyer as advocate for justice, for the rule of law, and a fair go for all. She actively sought to employ women in her law firm and introduced flexible working hours for her employees.
Many women lawyers in Australia have drawn interest and inspiration in equal measure from this trailblazing, mountaineering, bushwalking, mould-breaking heroine of the law in Australia. As well as Byles, we look to exemplars like Ada Evans, the first woman to graduate in law in Australia, who took on the Supreme Court in her fight to be admitted as a solicitor-at-law after she graduated from Sydney University NSW in She was rebuffed and was not admitted to practise until , but ignited a spark which would not stop burning until all women in Australia would be allowed to practise law.
Evans was the first woman to graduate with a Bachelor of Laws in this Country at a time when she was unable to be admitted to the practice of the law. When the Dean of the Sydney Law School discovered, upon his return from overseas, that the Law School had somehow admitted a woman into its ranks! The Chief Justice, when I wanted to be admitted some time ago, pointed out that women were not admitted in London and so could not be here. In fact she did not become admitted to the bar until , 19 years after her graduation.
She never actually practised law, however, citing family commitments. In , the Law Society of NSW initiated its Advancement of Women project in recognition of the fact that although in terms of numbers women were at that time approaching equality with men, they were still facing barriers in two key areas: pay inequality and career progression and retention. The charter is a culture-shifting document designed to promote and support strategies to retain women in the profession over the course of their careers and encourage and promote their career progression into senior executive and management positions.
We stand for Recognition: Without the trailblazers we celebrate, women simply would not be where they are today as regards work. Thanks to these early trailblazers, Australia had Julia Gillard as its first female Prime Minister from to , a solicitor prior to her political career, and we now have for the first time as the head of the High Court, Susan Kiefel AC, Chief Justice of Australia.
Introduction Issues affecting women are not just important to women; they are important to all of us. Women face challenges in all aspects of life, including careers in the legal profession. Accordingly, men not only need to be more aware of the challenges women face in society and in the legal profession, but also what can be done to address these issues and overcome these obstacles.
This article explores issues facing women in the legal profession and provides recommendations of what men can do to advocate for, and be allies of, women in order to have a more equal, fair, and just legal profession. The Sobering Statistics1 The gender disparity in the legal profession in terms of wages, representation, and opportunities is well-known and welldocumented. For example, the gender wage gap in the United States continues to exist, with women making only This wage gap actually grew from , when it was As to representation, women now make up slightly over half of U.
The percentage of women in the position of general counsel in Fortune companies is slightly better at These disparities are even greater for women of color in the U. Only 2. As to general counsel at Fortune companies, only 4. The only area where women of color lead all other demographic. The numbers in Europe are only slightly better. Like in the U. While that percentage of partners is higher than in the U.
Why We All Must Address the Disparities in the Legal Profession There are several reasons why addressing these disparities is important for men as well as women. First and foremost, as members of the legal profession, it is our duty to promote justice, fairness, and equality in the community at-large. It is therefore imperative that we take steps to uphold these. Look for women law students and attorneys at all levels to mentor, support, and champion.
The judiciary shares similar issues. It is noteworthy that, while women make up half of the attorneys and judges in France, a French woman has never served as a permanent female judge on the International Court of Justice, the International Criminal Court, or the European Court of Justice. In the U.
Finally, women historically have faced sexual harassment in the male-dominated legal profession and continue to report sexual harassment as an issue. This additional challenge women face can lead to decreased job satisfaction, withdrawal from work, job changes, retaliation, lost career opportunities, or even departure from the profession.
Surveys and studies throughout the U. Additionally, it is worth considering what effects the optics of a male-dominated legal profession have on female litigants. Does it inspire confidence in them that their interests will be fairly considered and represented? The short answer is, most likely not. It is important for men to take a more active role in advocating on issues affecting women in the legal profession not only because it serves the cause of justice, but there is also a strong business case of promoting economic growth.
In addition to the legal and business case, it is not difficult to find evidence of the real-world benefits of men taking an active part in addressing these disparities. Gender-inclusion programs at law firms and in-house legal departments are becoming more common now and can serve an important function of allowing women to have a place where they can share their experiences and challenges, find support, and develop ideas on how to improve the legal profession. But interestingly, studies show that engagement by men can significantly increase the likelihood of progress by gender-inclusion programs.
What Men Can Do So what can be done to increase the stature of women in the legal profession? And more particularly, what can men do to help women advance and have equal representation? Here are a few suggestions. Engage in active listening with women. Active listening requires a person to attentively listen and focus solely on the speaker, talking only to clarify or paraphrase what has been said.
This approach avoids the tendency to be dismissive, critical, or non-accepting of the speaker. In practice, this would include acknowledgement by the male listener that the challenges and injustices experienced by the female speaker are heard, understood, and taken seriously. Continuously challenge your own assumptions, perceptions, and actions. It is easy to assume that we treat everyone fairly and equally. The reality is that none of us do. In order to overcome this, we need to engage in the mindset of continuous improvement, including in our relationships, and how we interact with and treat others.
I have noticed on numerous occasions that male litigants will often focus on me. I need to ask myself whether I engage in similar behaviors in other situations. When introduced to male and female attorneys, do I address the male attorney first? Do I focus on the male attorney? Do I engage in meaningful conversation with the female attorney?
We also need to seek feedback from others, particularly women, about how our words and actions are perceived. We all have biases, regardless of our background, gender, ethnicity, socio-economic status, and any other factors, and we need to be aware of them and correct them.
Look for opportunities to promote, support, and advance women. We all have been the beneficiaries of others who have been mentors and champions for us. We need to make sure we reach back and do the same for others. When hiring, make sure that you have a truly diverse pool of candidates. Lead by example, which will allow you to encourage others to do the same.
The diversity of perspectives and experiences from this group of outstanding law clerks has challenged me and ultimately provided a better work product. Get involved. Look for opportunities to get involved in programs that will advance women. These can be in your place of employment, such as gender-inclusion programs, in bar associations, or other similar groups. If a gender-inclusion program does not exist at your place of employment, why not create one? Support activities and programs that will advance women in the profession.
As mentioned above, engagement by men in such programs can substantially increase progress. If you see an injustice, speak up! This can be a challenging but important action to take. Situations calling for action may range from blatantly inappropriate comments or acts by others to observing micro-inequities to simply seeing someone being ignored. I recall a time on the bench when a male attorney accused my fellow female judge of being ignorant and not knowing the law. I immediately told the attorney that. Responses can vary depending on the situation, ranging from direct confrontation as in the example above , to taking the person to the side to discuss privately e.
While every situation is different, any time is a good time to speak up when an injustice occurs. As Dr. Martin Luther King Jr. Conclusion As a person of color raised by a single mother along with my two younger sisters, I have been fortunate enough to be the very grateful beneficiary of support from allies of all backgrounds. I simply would not be in the position I am in now but for their generous support.
I have the same obligation to advocate for and support others. The practice of law has long been a maledominated profession. We in the majority have an obligation to advocate for, support, and champion women in the profession. Only when our profession reflects the communities we serve can we truly be one that furthers the goals of fairness, equality, and justice for all.
Stories of sexual harassment, assault, and other types of coercion in the workplace are nothing new. Unfortunately, many of us in the United States know someone who has been assaulted by a stranger or, more often, by someone familiar, such as in the home or in a professional setting. However, in the past two years, the reaction in the U. Those two movements brought sexual violence and inequity in the workplace to the forefront of national media, including digital platforms and traditional media sources. MeToo is a movement against sexual violence of any kind against both women and men and gained traction through individuals revealing personal experiences of assault to the public, particularly via social media.
MeToo first began in when, Tarana Burke, a survivor of sexual assault herself, founded the non-profit Just Be, Inc. A plethora of allegations then surfaced against high profile individuals from business executives, Roy Price former president of Amazon. Most recently, the Supreme Court nominee Brett Kavanaugh has been accused of sexual assault by several individuals, which made his nomination very controversed.
Along with the fund, these women behind the movement have been using their platform to advocate for workplace changes from basic safety to equal work conditions. The reactions to these movements manifested in several ways in and No matter the stance, these movements have highlighted a global issue and, in the United States, sparked some legislatures to reassess current laws. However, the movements, combined with new developing social and cultural norms surrounding sexual violence, have revealed that existing laws can be.
States also have laws designed to prevent sexual harassment at work. Title VII applies to employers with 15 or more employees, including federal, state and local governments. It also applies to employment agencies and to labor organizations. According to the U. For example, it is illegal to harass a woman by making offensive comments about women in general.
While legislative changes throughout the country are still developing, there has been a concerted effort to enact laws which affect the professional structures and procedures at work and strengthen existing law. In the past, companies may have been ill equipped to deal with sexual harassment due to a lack of consistent and established sexual harassment policies and procedures, lack of guidelines regarding what types of behaviors constitute as sexual harassment and lack of training for all employees.
While there is much room for legislative improvement, as of now, there has been no federal legislative overhaul of the Act. However, across the nation, states have. For instance, in California and Connecticut, employers with fifty or more employees must provide two hours of mandatory sexual harassment training to supervisors within six months of becoming a supervisor, and at least once every two years. Sexual harassment training is also required by all public employers regardless of the number of employees.
California even adds abusive conduct, or bullying, to be addressed in the same training. In Illinois, in a similar vein, every state executive department, agency, board, commission, and instrumentality must develop a written sexual harassment policy and post it in a prominent and accessible location and distribute it to employees in a manner to assure that all employees see it. They must all provide sexual harassment training as part of all ongoing or new employee training programs.
In Michigan, the law mandates that in its state governmental body, the Department of Civil Rights, education and training programs be offered to all employers, labor organizations, and employment agencies. The goal is to help them understand the existing law regarding sexual harassment in the workplace. In New York, robust measures aimed at diminishing sexual harassment in the workplace were signed into law by Governor Andrew Cuomo this past April. These standards must be provided to all employees by January 1, , and thereafter on an annual basis.
Both the policy and training program have guidelines which must be strictly followed by employers and include, for example, that the training have an interactive component. On the other hand, states like Colorado, Vermont, and Hawaii, do not have any requirements but encourage all employers to take necessary steps to prevent sexual harassment, including sensitizing employees to be aware of sexual harassment behaviors.
In Massachusetts, while there are no legal obligations imposed on employers or governmental bodies, employers are encouraged to provide sexual harassment training to new employees within one year of employment with additional training for managers and supervisors. In other states, including Alabama, Delaware, Georgia, and Indiana, no new laws have been put into effect as to sexual harassment following the MeToo and TimesUp movements. It has also been a powerful reminder that legal shortcomings. Deborah A. The information provided may not apply to your particular facts or circumstances; therefore, you should seek legal counsel prior to relying on any information that may be found in this article.
Passenger on passenger assaults on international flights are, unfortunately, on the increase, due in large part to cramped seating, the stress of flying, fear of terrorism and the generally decreasing quality of service on board. In this article, we will first provide an overview of pertinent provisions of the Montreal Convention, then address how the Convention pertains to sexual harassment claims. Montreal Convention, Article Thus, there are essentially three requirements for strict liability. They are: 1 an accident, 2 causing injury or death, and 3 the accident occurring during the operation of the aircraft or the embarking or disembarking by the passenger.
The air carrier can assert a defense of contributory negligence which will either diminish recovery or preclude recovery entirely if the passenger was completely responsible for the injury. The airline may also attempt to limit liability by proving that the accident was caused entirely by a third party. The leading case in this area, decided under the Warsaw Convention but completely applicable to any incident which might occur under the Montreal Convention, is the 2nd Circuit Court of Appeals case of Wallace v. Korean Air, F. So what has all this to do with sexual harassment?
There is one very important aspect to the liability scheme under the Montreal Convention: it requires that there be actual physical injury. In other words, pure emotional distress in the absence of physical injury is not recoverable under the Montreal Convention. See, Eastern Airlines Inc. Floyd, U. In the landmark Supreme Court case of Air France v. Saks, U. However, it was shown that the pressurization functioned normally and that the loss of hearing was an unusual or abnormal reaction of the passenger to a normal condition of air travel.
Thus, to recover under the Montreal Convention strict liability scheme, the. The facts in the Wallace case were as follows. It was the middle of summer, so Ms. Wallace wore a t-shirt and jean shorts with a belt. Initially the flight passed uneventfully, while Ms. Wallace was seated next to a window in economy class. She fell asleep shortly after finishing her in-flight meal. Two male passengers sat between Ms. Seated close to Ms. Wallace was one Kwang-Young Park. Prior to falling asleep, Ms.
Wallace had never spoken to or given the slightest indication of familiarity with Mr. However, three hours into the flight, Ms. Wallace awoke in the darkened plane to find that Mr. Park had unbuckled her belt, unzipped and unbuttoned her shorts and had placed his hands into her underwear to fondle her. Wallace awoke with a start and immediately turned her body to the window, causing Mr. Park to withdraw his hands. However, Mr. Park resumed his unwelcomed advances and when Ms.
At the back of the plane, Ms. Wallace found a flight attendant and made a complaint about the assault. She was reassigned to another seat and when the plane arrived in Los Angeles, Ms. Wallace told airport police about the incident. They arrested Mr. Park and he subsequently pled guilty to the crime of engaging in unwelcome sexual conduct with another person in violation of Federal Statute 18 U.
Wallace appealed to the 2nd Circuit. Wallace lay sleeping, Mr. Park, 1 unbuckled her belt; 2 unbuttoned her shorts; 3 unzipped her shorts and 4 squeezed his hand into her underpants. These could not have been 5 second procedures even for the nimblest of fingers. Nor could they have been entirely inconspicuous.
Yet, it is undisputed that for the entire duration of Mr. Wallace woke up, she could not get away immediately, but had to endure another of Mr. Thus, although the Court of Appeals reversed on the issue of accident, it expressed no view as to whether the plaintiff could recover in the absence of actual manifestation of a physical injury.
The traditional rule of no recovery for pure emotional distress under the Warsaw Convention would have probably resulted in no award to Ms. Wallace had the case gone forward. Happily for plaintiffs in air carrier cases, there has been some erosion of the notion of limiting recovery to physical injury in a recent case, Doe v. Etihad Airways, F. In that case, the plaintiff pricked her finger on a used syringe which had been left in the magazine holder in front of her seat.
The plaintiff contended that, because of the injury and the lack of any knowledge as to the source of the syringe, she suffered severe emotional distress. She was so apprehensive of the possible contracting of numerous diseases, including hepatitis or AIDS, that she refrained from sexual relations with her husband for many months because of fear of contagion the suit included a claim. She also refused to eat at the same table with her daughter, again because of the fear of having contracted a serious illness.
While it was later learned that the syringe contained insulin, the plaintiff had already undergone numerous tests and examinations to ensure that she had not contracted a serious disease. The court essentially held that as long as the emotional distress was traceable to the accident, it could be asserted even if unrelated to the bodily injury.
Thus, it is possible that in a future sexual harassment claim similar to the one brought by Ms. Wallace, even the slightest scratch or bruise as a result of an unwanted or aggressive sexual advance by another passenger could allow for a claim for significant emotional injury as well. Time will tell if the courts allow the expansion of emotional distress claims resulting from sexual harassment in Montreal Convention cases. Treaty DOC. Article Saks, supra, U.
Most courts have held that the Convention preempts state law and constitutes the exclusive remedy for injury or death of a passenger on board an international flight. Tseng, U. It is an extraordinary time for women. Movements such as MeToo, TimesUp, and NiUnaMenos have emphasized the voices of survivors and brought a renewed sense of urgency to address sexual harassment and assault.
The same awareness, empathy, and dignity of these movements must also be brought to the issues of sex trafficking and sexual exploitation of women and girls. This includes efforts and processes to change and implement trafficking laws and policies around the world. Trafficking for sexual exploitation happens every day, in every region across the world, it is not an isolated problem. Although trafficking manifests differently across all regions, some regions see more trafficking for forced labor or for other purposes including forced marriage, selling of children, or forced begging, one thing that is certain is that it is a highly gendered trade.
Women and girls end up being trafficked for sexual exploitation in many different ways such as: sold into prostitution because of poverty, deceived into signing contracts for jobs and ending up in prostitution, trafficked into temporary marriages for sex, abducted as sex slaves in times of conflict, advertised and sold on the internet, and many other ways.
Regardless of the method used to traffic a woman or girl into sexual exploitation, gender inequality is a constant. While anybody can become a victim of trafficking for sexual exploitation, most victims come from marginalized and vulnerable groups. Women and girls are more vulnerable to exploitation purely as a result of their gender, while other social and economic.
Human trafficking, and in particular trafficking for sexual exploitation is a business and is ultimately about the exploitation of individuals for profit. Women and girls trafficked into sexual exploitation can be sold over and over again generating immense profits for their exploiters. As long as there is an industry for women and girls to be trafficked into, in this case, the commercial sex trade, and people willing to buy and exploit them, there will continue to be trafficking for sexual exploitation.
If there were no profit to be made by traffickers and pimps, there would be no market to traffic women and. International law recognizes the link between prostitution and human trafficking, as well as the gender inequality and discrimination inherent in sexual exploitation. Women and girls are discriminated against and face violation in all aspects of life, all around the world.
Girls are often discriminated against in their right to education, are more often subject to harmful practices such as child marriage and experience higher incidences of sexual abuse and violence. Gender discrimination, both in law and in practice, facilitates the path many women and girls take into sexual exploitation. This type of cultural attitude only serves to foment the demand for sexual exploitation of increasingly younger girls.
There are three critical international treaties addressing the issues of trafficking and prostitution. Article 3 also specifies that consent of a victim of trafficking is irrelevant. Taking this into account, it is also clear that the majority of governments need to examine their laws and their approach to prostitution. Currently, there are four main ways that governments regulate prostitution: legalization, decriminalization, full criminalization, and partial decriminalization or the Equality Model. Countries such as the Netherlands and Germany have chosen regulation through legalization of the commercial sex trade.
The legalization of prostitution legalizes the buying and selling of sex, however, it also legalizes the activities involved in and surrounding prostitution, such as pimping and brothel keeping, and imposes specific regulations for the sex industry. These regulations can often create a twotiered sex industry, those operating within the regulations and those operating outside of its bounds. The reasoning behind a legalization approach is often premised on the fact that prostitution is unsafe only because it is illegal and unregulated.
New Zealand and portions of Australia have chosen the approach of full decriminalization of the sex trade. This approach decriminalizes all aspects of the sex trade and presupposes that prostitution is a transaction between equal and willing parties and requires no state involvement. Both of these approaches make legal various aspects of the commercial sex trade that profits off. When governments take these approaches, a larger reported incidence of human trafficking inflows occur in that country as a result.
As current conditions throughout the world attest, State parties that maintain legalized prostitution are far from satisfying this obligation. This approach criminalizes everyone involved in the commercial sex trade, including those who sell or are sold for sex excepting those under Criminalizing those in prostitution further punishes individuals who are often already discriminated against, are already vulnerable, and have already suffered numerous abuses, including trafficking and rape.
This also makes it harder for those coerced into selling sex to try and leave for fear that they will be punished or have a criminal record. General Recommendation 35 of CEDAW recognizes that being in prostitution is a position of vulnerability that can lead to discrimination. As international law recognizes, addressing the demand for paid sex is a key component to preventing sex trafficking and sexual exploitation.
Sweden was one of the first countries to acknowledge this link and in , the Swedish government passed the Act Prohibiting the Purchase of Sexual Services.
Since that act came into force there has been a dramatic drop in the number of women in street prostitution, in the number of men who buy sexual services, and in the recruitment of women into prostitution. The traffickers seemingly have moved on to more lucrative markets. This model is called the Equality Model or Nordic Model for its acknowledgment of the gender inequalities inherent in the commercial sex trade.
The Equality Model advocates for criminalizing those who exploit people for profit - buyers, pimps, brothel-keepers, traffickers - and decriminalizes those in prostitution, in line with international law. Judged for More than Her Crime Exploitation in the commercial sex industry is both a cause and consequence of gender and other inequalities. It entails various human rights violations, including the right to equality and non-discrimination, dignity, health and to be free from violence, torture, inhuman and degrading treatment.
Until this is acknowledged in law, policy and practice there will not be a solution to ending sex trafficking and sexual exploitation. Only then will Metoo include all survivors of sexual exploitation and abuse. How lifelong discrimination and legal inequality facilitates sex trafficking in women and girls, in The Palgrave International Handbook of Human Trafficking Winterdyk, John, Jones, Jackie eds.
Does legalized prostitution increase human trafficking? Still a child, she should have been spared any threat of capital punishment under international human rights law.
Le Testament Oublié by Sophie de Mullenheim
The court nevertheless sentenced her to death. Death row conjures images of men in shackles, but there are hundreds of women under sentence of death around the world, some of them teenage girls, and some detained with young children. Because of the widespread. Poverty and experiences of violence are nearly ubiquitous for women who come in contact with the criminal justice system.
Introduction Last October, Iran executed a year-old woman, Zeinab Sekaanvand, after a grossly unfair trial. Born into a poor and conservative family, Zeinab was married at the age of 15 to an older man who soon turned abusive and violent. She appealed to her family and to local authorities to protect her from her husband and her brother-in-law, who raped her, but her pleas went unheard.
When her husband was found dead, she was arrested, at the age of Under police torture, she confessed to the crime. When she. As a result, women facing capital punishment have to date remained a largely invisible death row population. The Cornell Center on the Death Penalty Worldwide1 sought to remedy this omission through a three-year research project focusing on women facing the death penalty worldwide, with a particular focus on India, Indonesia, Jordan, Malawi, Pakistan and the. United States. Despite our research efforts, many critical pieces of information about women on death row still remain unknown.
No one knows, for instance, exactly how many women are under sentence of death globally. We recently raised our cautious estimate of women after revelations that there were almost women under sentence of death in Malaysia alone.
User:Mathieugp/Drafts/Appeal to the Justice of the State (Letter to the Canadiens)
We are also hearing troubling reports that a significant number of women are being sentenced to death in Iraq, merely for being married to a member of ISIS. Even within the abolitionist community, research rarely recognizes women on death row as a distinct category of rights holders facing unique challenges. Instead, the experience of female capital defendants has been subsumed into the default male framework, further marginalizing their needs and ignoring the rights violations they suffer.
This lack of attention has led to a dearth of information on women under sentence of death, precluding monitoring for human rights abuses and advocacy for their redress. In other words, female capital defendants are judged for more than their crimes: they are judged for whether or not they are good women. The situation of women on death row is emblematic of systemic failings in the application of capital punishment. When we analyzed the profile of death-sentenced women, we found striking patterns reflecting the realities of gender inequality. Women are most often sentenced to death for the crime of murder, frequently in relation to the killing of a family member and in a context of gender-based violence.
In Jordan, for example, all but one of the sixteen women on death row was convicted of killing a husband, a father, or a motherin-law: close family members who wield potentially abusive authority. Other women. By comparing the life circumstances of women facing the death penalty, Judged for More than Her Crime exposes forms of marginalization that increase the risk that a girl or woman will face capital punishment. When women fall into several of these categories, their vulnerability before, during, and after trial is compounded. These circumstances. Even if evidence of domestic violence is presented at trial, women face substantial barriers in convincing a court that they acted within the strict legal definition of self-defense.
Many female drug offenders engage in drug smuggling to counteract their poverty and provide for their families. The death penalty exacerbates the consequences of pre-existing gender inequality. In the case of Brenda Andrews, sentenced to death in the United States, the jury heard details of her alleged extramarital affairs from years before the offence, and. And while quality legal representation is a key component in avoiding a capital sentence, women, like most capital defendants, are often too poor to afford their own lawyer.
Named after Alice Nungu, a former death row inmate in Malawi who was sentenced to death without the court ever hearing that she had suffered from years of abuse or that she had acted in self-defense, the Alice Project honors the women and girls who have suffered under legal systems blind to the discrimination and violence that have marked their lives. By telling the long-neglected stories of women on death row, the Alice Project will shed light on how gender-based discrimination plays out in countries that apply the death penalty, develop human rights strategies around the application of capital punishment to women, and invite international law to look to its own biases.
It is our hope that the Alice Project marks the beginning of a new era of visibility and action on the plight of women on death row. We know that gender-based violence produces serious physical harm and mental trauma. Additionally, courts rarely view genderbased violence as mitigation, despite the near universality of these concerns across cultures and legal systems. In countries with a mandatory death penalty, there is simply no mechanism that would allow the courts to consider such evidence.
Despite the fact that one of the most widely accepted tenets of international law prohibits the imposition of death sentences on children under the age of 18 at the time of the offense, we found several cases of death-sentenced girls. Instead of protecting girls who committed crimes stemming from forced marriage,. The case of Zarbibi, sentenced to death in Iran, tragically illustrates these points. In a diary she wrote from her prison cell, she described how her husband physically and sexually abused her, separated her from her family, and forced her to leave school.
At the age of 16, while four months pregnant, she killed her husband with a kitchen knife. The court sentenced her to death, and she gave birth to her daughter while imprisoned on death row. She agreed and was released from death row. According to her lawyer, however, her freedom remains highly restricted. Furthermore, her daughter is not allowed.
Research and Advocacy Director. Cuando este freno es insuficiente, la muchacha, mientras cede al amante, se siente espantada ante el terrible peligro que este oculta en sus flancos. Escenario en el que va a cumplirse un proceso fascinante y asqueroso: el del embarazo. Madrid, Serie Derecho. Editorial Trotta.
Cambridge, UK, Alianza editorial. Are you interested in our actions? Are you willing to support our projects? Contact the UIA by email uiacentre uianet. On Tuesday, November 30, , the first day of its latest annual congress held in Porto, UIA adopted at its General Assembly a resolution reminding the world of the core principles of the legal profession.
UIA, with the constant objective to reinforce the information towards its members on legal news, to promote their professional development, and to build a worldwide network to defend the rule of law, the independence and the freedom of the lawyers, has also drafted and made public a memorandum to explain and illustrate these principles, and to assist lawyers and law societies in their application at the global level. The text of the resolution was proposed by the UIA Subcommittee on these core principles, composed of Mr.
Issouf Baadhio Burkina Faso , Mr. Stephen L. Dreyfuss United States , Mr. Jean-Jacques Uettwiller France and Mr. Luis Delgad. GeorgesAlbert Dal Belgium. The essential principles and the explanatory memorandum were written in the three UIA languages: English, French and Spanish, all three versions being equally authentic.
Given the breadth of these texts, it has not been possible to reproduce them all in this issue. The reader will take note of the English text reproduced below. Issouf Baadhio Burkina Faso , el Sr. Dreyfuss Estados Unidos , el Sr. Jean-Jacques Uettwiller Francia y el Sr. Georges-Albert DAL. In a society founded on respect for the law and for justice, the lawyer advises the client on legal matters, examines the possibility and the appropriateness of finding amicable solutions or of choosing an alternative dispute resolution method, assists the client and represents the client in legal proceedings.
Over the years, each bar association has adopted its own rules of conduct, which take into account national or local traditions, procedures and laws. The lawyer should respect these rules, which, notwithstanding their details, are based on the same basic values set forth below. In some countries, the protection of legal professional privilege is a constitutional norm. In other countries, which make it a principle of public policy, breaching legal professional privilege carries criminal penalties. In yet other countries, it is merely an essential ethical obligation for lawyers. Depending on the country, clients may or may not waive legal professional privilege.
Even in countries that make legal professional privilege a fundamental matter of public interest, there are exceptions, which, depending on the case, obligate or authorize the lawyer to disclose information that is protected by legal professional privilege, in particular in the event of an imminent threat of death or serious injury to a person or a group of persons. In any event, a lawyer who is in this situation is urged, if possible, to consult the relevant regulatory authority chair of the bar council, union, senior member or chair of his or her bar association, or ethics committee.
Les Sœurs Espérance (Tome 3)
Prohibition of conflicts of interest In order to uphold legal professional privilege and the principles of independence and loyalty, the lawyer must avoid conflicts of interest. He or she therefore cannot represent two or more clients in the same case if there is a conflict or risk of a conflict between them.
Likewise, the lawyer must avoid acting for a client if that client has confidential information obtained from another former or current client of the lawyer. Similarly, the lawyer may not use information in one case that was obtained confidentially in another case. If a conflict of interest arises during an engagement, the lawyer must stop all work on the case.
The existence of a conflict of interest is determined with regard to the lawyer, and also all the lawyers with whom the lawyer works as part of an association, grouping or network. The conditions under which this general principle applies are detailed in the national or local laws or regulations that govern the profession. In the event of a discrepancy between them concerning a cross-border dispute or case, the more restrictive law or regulation governs.
Competence The lawyer can only practice his or her profession properly with appropriate professional training, which the lawyer must obtain, maintain and pursue throughout his or her career. The tablets, in shield form, are of statuary bronze, with the lettering in relief. The large one, on the rock under Cape Diamond, measures six feet three inches by five feet nine inches, and weighs about pounds.
It is thus inscribed:. The wording is designed to bring out the notable fact that there were only fifty men on the British side, defending this barricade against Montgomery, who had a force at least ten times as strong. These fifty are described as "undaunted," because, apart from their gallantry in repelling the assault, they had been long exposed to the invaders' threat of treating them with the utmost rigour of war if they persisted in their allegiance.
They are also said to have been "safeguarding Canada," because, although they could not have foreknown so great a destiny, they were then a part of the real and the only safeguard of the Dominion we live in now. The tablet on the Molsons' Bank measures two feet ten inches by two feet six inches and weighs about pounds. Its inscription is as follows:. And on this sacred spot each and all of these widely different ancestors of the present "Canadians" took their dangerous share of empire-building, in the very heart of a crisis which must then have seemed to offer them no other reward than the desperate honour of leading the forlorn hope in a great cause all but lost for ever.
The Indian made a stronghold at Quebec before the white man came. The white man has been building forts there in five different centuries already. And he is still building forts there to-day. Jacques Cartier was the first of the whites in fort-building, as he was first in everything else.
His first fort was a mere stockade beside the St. Charles, where he and his men spent the miserable winter of Overlooking this stockade was the Indian town of Stadacona, on the Quebec cliffs of the valley of the St. Cartier took possession for the Crown of France, sailed home with Donnacona, the Indian Chief, and left a cross standing, to mark the French claims, with the inscription—.
Five years later Jacques Cartier built another fort, this time at Cap Rouge, nine miles above  Quebec. The next year Roberval wintered here, as miserably as Cartier had beside the St. Two generations passed before the French again took possession and began another fort. In Champlain built his famous Abitation de Quebecq on the narrow piece of flat ground under the present Terrace. This tiny fort could hardly hold a hundred men, women and children, even as a tenement house.
And it probably never had a fit-for-duty garrison of more than twenty men. But twenty men with muskets and a few small cannon could hold out well against mere bows and arrows. For the Abitation de Quebecq had some pretensions to scientific construction. Champlain was a naval officer and knew what he was about. The guns were well placed at the salients, and, as a gallery ran round the upper story, two tiers of fire could be brought to bear.
In Champlain began his Fort St. Louis in the Upper Town, on the site of the present Terrace, and overlooking his old Abitation. For six years he persisted in making the little Colony work at this fort in order to assure its safety. Like many a leader of far vaster numbers he found plenty of Colonists ready to be content with much less than real safety. In there was a little hard feeling between the old Company of Rouen and the new Company of Montmorency. Champlain then put an officer and some men into the fort as a garrison. Thus M. On his return in , after an absence of two years, Champlain was disgusted to find his forts exactly as he had left them, except that they were out of repair.
He immediately knocked down the fort of and began a much larger and better one. This new fort was the Fort St. Louis which surrendered to the Kerkes in , which was held  by Charles I in pledge for the dowry of Henrietta Maria, which was restored to the Crown of France in , and which was used by Champlain himself from till his death there in Louis in stone.
Before that it was only in "fascines, terres, gazons et bois. Louis" was used as the English equivalent. But the old name persisted locally. So that, up to the time of Frontenac, the fortifications of Quebec consisted of a fortified Governor's residence inside of a stone fort, situated about where the Terrace  and its immediate hinter-ground lie to-day, and also of a "strong place" in the Lower Town, beside the St.
Lawrence, and occupying the ground on each side of the present Sous-le-fort Street. In the great Colbert recommended the re-fortification of Quebec. But in vain. In the Quebecers of the day became so alarmed that they proposed building walls on their own account. The authorities in France at once seized the opportunity of overworking the willing horse, with the usual disastrous results. There was no "frowning citadel" and only the worst of walls when Phips came thundering at the gates. It was only in that Frontenac's great scheme was put in execution by the dilatory Government at home.
Frontenac's walls were the first that ever encircled the Upper Town. They crowned the water front for nearly three-quarters of a mile. They started from the present Frontenac Hotel, along almost the whole length of which they ran. Then they crossed the top of Mountain Hill and followed the present Ramparts to Palace Hill, where they stopped in the westward direction.
On the landward side, starting again from the Hotel, they ran westward between Mount Carmel and St. Louis Streets, crossed Haldimand Hill, and then curved into St. Louis Street on reaching the corner of Ste. Ursule Street. Thence, running north-westward, or down, inside the line of Ste. Anne and Ste. Stanislas Street, whence they curved towards Palace Hill, where they joined the circuit again.
The total circuit was about a mile and a half. The area enclosed was about half as much as is enclosed by the present walls, exclusive of the Citadel. The landward faces were weak; but the seaward ones were fairly strong against the armaments of the time. Frontenac was a born soldier and leader of men, brave to a fault, yet of consummate skill in action and the necessary preparation for it. He threw himself heartily into the great work.
But he was absolutely incorruptible—and the contractors were not. From this time on there is one long tale of growing corruption, which eventually culminated under Bigot and hurried New France to her ruin. The great commanders, Frontenac and Montcalm, and indeed all the leading soldiers and military engineers from France, stand out in honourable contrast to the whole vile brood of jobmasters in the Civil Government.
The deviosities of Public Works in Canada can claim a quite respectable antiquity—not quite, perhaps, "from the earliest times," but certainly down "to the present day. By , when Frontenac's scheme had been finally carried out in a perverted and dishonest way, new walls were beginning to be required. But it was not till that another scheme was put in operation under the malign influence of bad  engineers and worse Intendants. The works were done badly and bit by bit. They never provided for any real "citadel," but only for a citadel redoubt.
And, as already stated elsewhere in this book, they never extended to the up-river face of Cape Diamond. The cliff faces followed the lines of Frontenac's scheme; naturally so, as there was no other line to follow. The land faces were extended beyond Frontenac's line, and eventually reached, in many places, the extent of the walls that are standing to-day.
But not one French stone remains in place. The work was too badly done for that, even if there had never been any wars at all. Patchwork went on till , when both the French Government and the people of Quebec got tired of expensive works that were of no earthly use, except to the pockets of the contractors, engineers and administrative middlemen. An order came out to discontinue everything. Then the Canadian Government, with its middlemen, contractors and engineers, returned to the charge and contrived to get several estimates passed, which were moderate in amount, but exorbitant with respect to the work which resulted from them.
Franquet, a good French army engineer, came out and saw at once that the Canadian engineers were almost as great fools at their work as they were knaves in charging for it. Later on, after the war which ended with the conquest of Canada had been raging for some time, Pontleroy, another excellent French army engineer, came out.
But the works  of the Canadian engineers, bad as they were, had taken shape too definitely, even in Franquet's time. And all that he and Pontleroy could do was to put the best finish possible on bad works made with bad material by bad and corrupt engineers, who were on the side of Vaudreuil, the spiteful owl of a Governor, and Bigot, the knavish fox of an Intendant, and who consequently were against Montcalm, the ablest hero that ever drew sword for France across the sea.
Murray had no more faith in the French walls than Montcalm had. But the British Home Authorities were almost as dilatory as their rivals were before them. So from to Quebec had to stand a French and an American siege with temporary British works thrown up well outside of the old French ones. And so it would have been, had they not been far more stoutly opposed by flesh and blood than by the rotten walls.
After four years' work a British scheme of re-fortification was finished in But it was by no means complete. The citadel was only a makeshift, and some parts elsewhere could not be thoroughly done for lack of funds. This was the time at which the so-called "old French works" on  the Cove Fields appeared. Their remains are easy to make out to day, following the contours of the up-river face of Cape Diamond. They entirely disappear from the great permanent plan of During this period the Martello Towers were built.
And it should be remembered that this sum represents only a small fraction of the more than a hundred millions sterling which were spent by the Imperial Government at different times to keep Canada both British and Canadian. Not a shot has ever been fired against the present walls, and they are now quite obsolete. But on at least two occasions they played a principal part as a deterrent in preventing any idea of attacking them from being converted into deeds. All that is best in Quebec, in Canada, and indeed in the whole Empire, takes pride in these splendid monuments of watch and war.
They  have the priceless advantage of making Quebec absolutely unique among the cities of America, where sameness and tameness are only too common. And yet there are people mean-spirited enough to want to throw them down! It may be that if Quebec were to lose all claim to be the one walled city of this New World she would still remain a queen among her sisters. For she was throned here in beauty by Nature, ages long ago. But it was Man who came and crowned her. So it would be a double desecration to discrown her now.
Her walls are more than meets the eye. They saw no mighty wars themselves; but they serve to recall great deeds and the great men who did them. And their own mute appeal is more eloquent of living honour than all the vain words that could record them after they had gone for ever. With the progress of military science it was found necessary to begin building much further away from the central point to be defended.
Three large forts were therefore built on the South Shore, facing south and east. They have a magnificent natural glacis for many miles; and they were good forts in their day. They were the last legacy of the Imperial Government. When they were finished and paid for Canada undertook her own defence, got them for nothing, and has left them unarmed ever since. Forty years later military science has changed still more. Now, instead of rising above the  ground, the engineer tries to burrow into it.
There are excellent new works down at Beaumont, on the South Shore, eight miles below Quebec, and they would, if properly manned and armed, command the South Channel of Orleans in a way which would make it exceedingly hard to pass, even if the enemy was in great force, well handled, and trying to run through at night. Quebec has already lived so many hours of glorious life that she can no longer make new history except on old historic ground.
But, even in Quebec, there could hardly have been a stranger coincidence than that the first men to represent the Dominion in an all-Imperial war beyond the seas should have sailed from the very spot where their racial ancestors first united to keep Canada within the Empire. But the attention of the expectant patriots thronging the Esplanade was wholly centred in the moving present.
The one historic fact they thought of was that Canada's first Imperial thousand had mustered, armed and sworn allegiance in the world-famous Citadel, and that no knight of old had ever made his vows at any shrine more sacred  to the God of Battles than their own Quebec. The war had kindled the fire of their new national pride. The start of the First Contingent fanned it into flame. Every part of Canada was represented in arms; and every form of her national life was equally represented by those who had assembled at Quebec to give the Contingent a befitting farewell.
All four addressed the troops in stirring words, and the General rightly reminded them that they were expected to wipe out the shame of the surrender after Majuba. It was certainly one of the greatest, and perhaps one of the most significant, scenes ever witnessed in Quebec. But, for me, it was, and always will be, little more than the setting of another scene, which holds only the single figure of my greatest chum.
Jack Ogilvy had already done well in the Yukon Field Force, which was sent up to keep order in the mining camps during the first great gold-fever in the Klondike. He had returned just in time for the war, and was appointed Assistant-Adjutant, a greater honour than such a very subordinate position would have been under other circumstances. There were more than ten covetous applicants for every vacancy, and at least twenty officers anxious for each appointment; and Jack was only a junior subaltern of twenty-five,  with barely six years' service.
There was no mistaking his delight at going on his first campaign; for he was every inch a soldier, through and through his whole six feet of eager youth. When the column marched on to the wharf he laughingly pointed his sword at the Sardinian and said, "It's—. How often its resounding chorus had floated in to shore on moonlight evenings, or echoed along the overhanging crags of Cacouna Island!
All Canada remembers Paardeberg, and how well her men upheld her honour there and wherever else they fought till the end of the war. Jack marched on to his first battlefield as Adjutant, his predecessor having been invalided some time before. He did his duties thoroughly, and coolly as any veteran. The Canadians were keen for close action and not easily held in leash. So the men and moment were well mated when the time came for a rush, and Jack sprang to the front with an inspiring "Come on, Canada!
By the end of his first campaign  he had undoubtedly won his honours well. He was one of the first two Canadian officers recommended for the D. And he was the first Canadian in the world to receive a direct commission as Captain into a regiment of the Imperial Army. No touch of distinction was wanting, for the regiment was no other than the famous Gordons; and every Lieutenant in both of its battalions had written to the Colonel to say how pleased they would be to have Jack come into it over their heads. After spending his leave in England and Canada he went back to the front, this time as a Major in the South African Constabulary.
He was now twenty-seven; with both feet on the ladder of promotion and every promise of a successful career. His letters kept showing his anxiety to "do something," so that he might justify the confidence which had been shown in him. But an accident that had nothing to do with the war very nearly cut him off before his opportunity. One wild night his scared riderless horse galloped madly up to his quarters; and his men naturally thought this told the usual tale of a good life stealthily taken by a sniper's bullet. But they presently found him lying dazed, though unwounded, where a stroke of lightning had hurled him from the saddle.
At last his chance came, and he took it with both hands. He found out that a slippery and mischievous little commando was in the neighbourhood; and he immediately set to work to get within sure striking distance and make a complete round  up. His scheme was carefully planned and skilfully executed. His widely extended line was riding warily through sparse scrub when it began to close in on the Boer position. This, as so often happened, was well concealed and placed considerably in front of where an attacking force would have naturally expected to find it.
But the sudden sharp crackling of hidden Mausers did not take him unawares, when it burst out just in front of where he was leading his centre. Some of the Boers began to bolt, others were evidently determined to stand their ground. In the twinkling of an eye Jack chose the only proper course. Rising high in his stirrups he shouted the one word " Charge! He saw the enemy divided in opinion and lost.
He felt his charge would carry home, while his wings would certainly outflank and perhaps envelop them. Now he knew he had "done something. For one vivid moment his ardent spirit blazed with the joy of triumph. The next, he and his horse crashed prostrate against the little stone sangar, both shot by the same bullet. An old grey-bearded Boer had marked him down as the leader and let him get so close that the bullet went mortally deep into his groin after passing through his horse's neck.
The Boer ran for cover as soon as he had fired. But one of Jack's subalterns was too quick for him, riding him down and shooting him straight through the heart. The doctor shook his head when he saw where  Jack was hit, and at once pronounced the wound fatal. But the heroic heart still beat with the wings of victory. Then his mind turned to her who was giving up a newly-won but assured career as one of the world's great singers to marry him, a junior Captain, as poor as he was gallant. And, with the words of this dying message on his lips, the last spark of his conscious life went out.
None but a very few have ever heard of Klipgat in the Transvaal. It is, indeed, no more to the world at large than any other obscure, outlandish name that appears among other minor items of war news, and is forgotten as soon as read. And, even of those who followed the fortunes of the war at the time, how many remember now what happened there on the 18th of December, ? Only a handful of friends know this for the place and date of that far-off little skirmish.
But these, who feel, most of all, that their loss was untimely, are yet the very friends who can never regret the manner of it. For this was Jack's own battlefield. And he fell victorious. At the time of his death Jack held commissions in three different corps, all of which paid his memory such honour as they could. The South African Constabulary escorted him to the Gordon Highlanders, who buried him at Pretoria, in the plot of ground where so many more of their officers were laid to rest with the wail of the pibroch for their requiem.
And the Royal Canadian Artillery in Quebec wore mourning for a month. But he received even greater distinction on the 15th of August, , when the Quebec South African Soldiers' Monument was unveiled by Lord Grey, the Governor-General of Canada, in the presence of Prince Louis of Battenberg and the officers and men of his Cruiser Squadron, of the whole garrison of Quebec, and of a concourse of people as great as that which had bidden the First Contingent farewell on the same spot six years before.
Here the last honours were paid to one officer and eleven men, who, in life, would have saluted and waited for the orders of anyone of the leaders present—naval, military or civilian; but who, by the transfiguration of heroic death, had now won the unquestioned right of themselves receiving the salute of the greatest in the land. And I wrote the four words at the head of the other, which was the roll of honour containing the names of the twelve who died:—.
A century hence, when Canada will be celebrating her four hundredth birthday, our successors will undoubtedly quote the precedents established at the Quebec Tercentenary, and recognize, better than we can to-day, the profound significance of that unique event. I shall use the word unique several times this evening; and I beg leave to assure you that I shall use it only in its proper meaning, by confining it strictly to those facts in the story of Quebec which are entirely unparalleled either in Canadian, Imperial or universal history.
To begin with what was unique in Canada. This was the first time that both races and all Provinces free-willingly united to make the history of one place the centre of a Dominion celebration. Next, it is not too much to say that here, for the first time, Canada stood forth in the eye of the world as a nation self-realized, from past to present and from sea to sea.
Then, thirdly, the first organized Canadian army that ever gave any promise of preparing for war in time of peace was the one at the Royal Review on the Plains of Abraham. To these  three unique Canadian features we may add two of Imperial extent. The Quebec Tercentenary was the first celebration of its kind in all Greater Britain: it was the coming-of-age of the eldest daughter-nation of the Empire.
It was also the first occasion on which the whole Empire joined in commemorating the deeds that shaped the destiny of any one part. The King was the Patron, and took an active personal interest both in the preparation and the execution of this most complex undertaking. The Vice-Patrons were the Heir to the Throne, whose presence emphasized the true greatness of this epoch-marking celebration in the opinion of every British subject, the Duke of Connaught, who wears a medal won in defence of Canada, and his son, Prince Arthur of Connaught, who went over the whole scene very thoroughly two years before.
The President, always foremost among the hardest workers, was Lord Grey. And the Vice-Presidents, who were by no means a mere collection of figureheads to swell the list with conventional prestige, included all our own Provincial Governors and the Prime Ministers and Leaders of the Opposition in every part of the Empire that has a parliament. Among them are names familiar to anyone who ever followed a public question of Imperial interest:—Mr.
Asquith and Mr. Balfour, Sir Wilfrid Laurier and Mr. Borden, Mr. Jameson and General Botha. We shall hear more of General Botha later on. But even more striking are the two points which are equally unique in universal history. Quebec is the only place in the world where the fleets and armies of three Great Powers have met so often and shared the honour of such alternate victory and such glorious defeat. And Quebec is, again, the only place in the world where the modern representatives of three historic opponents have ever met to unite in honour of their own and one another's prowess.
I venture to assume that a subject which is sevenfold unique is worth a lecture. But I make bold to do this because the mere facts, however badly they may be set before you, cannot fail to be full of the most significant interest to every member of the audience here to-night. This may seem like pretending to give you an epitome of all things tercentennial, from the earliest times to the present day! But my pretensions are really much more modest.
The proverbial full, true and particular account will require the co-operation of many authorities; and I can only speak for myself. Besides, I am not nearly so high an authority, nor did I ever wield nearly so deep an influence as the introductory remarks of your over-generous Principal might lead you to suppose. I was only a fly on the wheel; though,  by some peradventure, I did happen to be a fly on the hub of the wheel. And it was from that point of view that I saw then what I shall try to tell you now. What could be stranger than that the true story of the conquest of Canada, which took place in the eighteenth century, should have remained untold till the twentieth!
And it is all the stranger because of the deep and world-wide interest excited at the time, and the more than a thousand accounts which have appeared in the hundred and fifty years since. Every one of these accounts written before the present century is inevitably wrong: because history can only be written from an impartial study of all the original evidence, and the original evidence did not approach completion till Dr. Doughty, the Archivist of Canada, began his work in Even the military documents were not completed till The naval ones were practically unknown, even to professed students, till quite recently; and the logs of those men-of-war whose sea-power alone made the conquest possible will only appear in print for the first time in the summer of All this may seem to have very little to do with Tercentennial Quebec.
But, as a matter of fact, it has everything to do with it. The finding and telling the truth of history is always of profound importance to the national life, because it is sooner or later bound to affect the public point of view, even among masses of people who hardly read anything but the daily paper. Many hard problems of to-day would be simplified, some might even be  removed, by a true appreciation of the great crises in our history. And let us bear in mind that we English-speaking Canadians have as many distorting half-truths to forget and as many new whole-truths to remember as have our French-speaking fellow-countrymen.
It is not too much to say that ten years ago it would have been infinitely harder to get light without heat on the subject of the Battlefields. Ten years ago Vaudreuil would have been exalted as a French-Canadian hero and represented among the historic families whose living heads were the guests of the Dominion. Ten years ago Wolfe might have been robbed, like Montcalm, of the highest honours as a consummate general; and who could have given proof positive to gainsay the detraction? Ten years ago the British Navy would not have been generally recognized as the determining factor in both campaigns.
In short, it is doubtful whether there could have been a really great Tercentennial Quebec at all had the anniversary fallen only ten years earlier than it actually did. The story of the celebration begins with the century. In there was a prospect that the eighty-eight acres still shown to confiding tourists as the whole Plains of Abraham were to be cut up into building lots. But, most fortunately for the success of the present magnificent scheme, the  Dominion bought it, as it is an essential link between the two real fields of honour. The public did not know what was being done, or had been done when the gaol was built beside the spot where Wolfe died, till a flood of light was shed on the whole subject by the publication of Dr.
Doughty's documents and plans. The inscriptions tell their own tale. This reminds us that it is not one battlefield but all the Quebec battlefields that are to be handed down to posterity, in substance, so far as possible, and in commemorative souvenir where no more can be done. Lord Minto, who took a lively interest in the wording of the inscriptions, unfortunately left before the tablets were erected. The public does not connect his name with Tercentennial Quebec.
But they certainly would if they  knew how clearly he foresaw the importance of the battlefields to our national life, what an able memorandum he wrote about them, and how he urged their preservation by every means in his power. So far, what public interest there was had been centred entirely in the battlefields. But in the same month that the heroes of were being permanently honoured for the first time, Mr. Chouinard, the city clerk, was writing for the Christmas number of the "Quebec Daily Telegraph" the first suggestion of a Champlain Tercentenary for the 3rd of July, Nothing more, however, was done in this direction for the next fifteen months.
In the meantime Lord Grey took up the work of preserving the battlefields. He visited Quebec in June, ; and, after examining the scene of both battles of the Plains, he paused at Wolfe's monument and said he would never rest until such sacred ground became the heirloom of all Canada. Only three persons heard this. But many millions know to-day how magnificently that purpose has been put in operation. In the St. Jean Baptiste Society of Quebec took up Mr. Chouinard's suggestion for a Champlain Tercentenary and proposed that the celebration should be a Dominion one.
A subsequent citizens' meeting, called by the mayor, proposed that the rest of the British Empire, as well as France and the United States, should also be invited to participate, and that steps should be taken to secure the patronage of His Majesty the King. The Commission reported in favour of nationalizing the Quebec Battlefields. They felt that Champlain, as the far-seeing founder of Canada, was pre-eminently a man of the future, that he was the first of a long line of Canadian heroes, and that the Canada he founded was kept Canadian by the French and British who won equal honour, first as opponents and afterwards as the joint defenders of a common country.
Sir Wilfrid Laurier, however, suggested that the Quebec Battlefields, preserved as an open book for posterity to read, would be better still. This most generous and far-sighted action does infinite honour to French-Canadian statesmanship. While this great scheme was developing, Lord Grey had become an enthusiastic supporter of the Champlain Tercentenary. Then he and Sir Wilfrid Laurier made the masterstroke which united the Battlefields with the Tercentenary and carried both to a triumphant issue before an applauding world.
In April, , it was decided to postpone the  celebration till , and to open the Quebec Bridge in conjunction with it. This attempt to mix two incompatible things was frustrated by the awful accident to the bridge in August. For the rest of the year there was considerable doubt whether the celebration would ever take place on a great scale at all.
But in November the appointment of a commission to study the commemorative features of the field of Gettysburg encouraged the hope that the Battlefields, at least, would not be forgotten. And in January, , Lord Grey came to Quebec to see if the Tercentenary could be held that very summer, which was, of course, its proper time. At first, all except a very few declared this to be impossible—but a good many seeming impossibilities were successfully performed before that summer was over. Yet the prospect was undeniably appalling. A day before we thought there would be eighteen months for preparation; and everyone agreed that this was none too long.
Now we thought we might at least have eight. The enormous difficulties which had to be surmounted before most of the actual work of preparation began consumed two of these short eight months. And then, in March, we suddenly found that the whole scheme, on a scale far vaster than we ever dreamt of, had to be worked out in only four! I shall not trouble you with any more dates. But I must state the main elements of the problem which was in the throes of solution this time last year.
It was a triple problem. Each part was extremely complex in itself. And all three parts were made more complex still by their interaction on each other. First, the Battlefields. I cannot remember how many times I was asked, "How are you going to get round the French-Canadians"? There certainly was some excuse for this astonishment; as the whole truth was very little known. It was very hard at first to get the s at the end of Battlefields into the public mind. A good many English-speaking people only knew that Wolfe beat Montcalm.
I doubt whether most French-Canadians felt the full strength of their own history. Montcalm was maligned in his lifetime and has been much misrepresented in Canadian history since. He is not well enough known, even now, as the hero of four desperate victories over the British forces in four successive campaigns. And it is not thoroughly understood that he provided against every possible contingency up to the very day before the first battle of the Plains, when he ordered the regiment of Guieme to go and guard the path up which Wolfe came next morning.
Nor is it thoroughly understood that he was constantly thwarted and finally undone by the machinations of enemies on his own side. It was Vaudreuil, the spiteful pettifogger, who countermanded, as Governor-General, this and many other wise orders given by the great Montcalm. Then, there was much confusion of thought about Phips's attack in , which was really the first American invasion of Canada. It was not  generally realized that when Frontenac, the Frenchman, repulsed it he was preserving our own Canada as surely as Carleton, the Englishman, was when he repulsed the second American invasion in , or as Brock and de Salaberry, when they repulsed the third American invasion during the war of And nearly everyone seemed surprised that the French-Canadians shared the triumph of more victories than any other race did in all the battles round Quebec.
The Americans, through the presence of two battalions of the Royal Americans, had their part in the glory of the first battle of the Plains. The British enjoyed two victories of their own, Wolfe's and Carleton's. While the French-Canadians shared these three with the French and Carleton's with their British-born fellow-subjects. A synopsis of this was embodied in a general appeal on behalf of the Battlefields. Now that we have arrived at this point in these really great matters I must crave your kind indulgence for a moment to intrude a little personal remark of an exculpatory nature, because it has  some bearing on the amenities which should subsist between lecturer and audience.
A friend of mine warned me to be very careful what I said about Frontenac and Carleton, as there might be a good many Americans present, and they wouldn't like to hear about any American defeats. But, as you have just seen, I actually bring in Brock and de Salaberry, our victorious heroes against the third American invasion as well. In justification of this I respectfully beg to offer one trifling personal excuse and four really important reasons.
I have the honour of being one-quarter American myself—and of ultra-American, New-England, Puritan stock at that. Having said this, might I venture, without too much offence, to intrude the further item of petty personal information, that I am also one-quarter French by descent and have French-Canadian blood-relations; so that the mere accident of birth, and no merit of my own, naturally pre-disposes me to sympathize with all the four races whose blood I share—British, American, French, and French-Canadian?
But this is a mere trifle, and I apologize for even mentioning it, as a lecturer's personality ought to be of no consequence whatever when he is dealing, as I am here, with facts and not opinions. Of the four reasons the first is that history has nothing to do with anything except historic truth, and the defeat of the three American invasions is certainly true. The second is that any complimentary perversion of historic truth would be a studied insult to intelligent Americans, who, of course, know better. The third is that Americans can bear the record of a few defeats quite as well as the British,  French, or French-Canadians, none of whose own defeats are either hidden or glossed over.
And the fourth will surely appeal to all good tourists from beyond the line. What do they come to Quebec for at all? Why, to see what they can't see at home, of course. They say they love Quebec because it is so unique. Then, what could be more assuredly unique, and what more flattering because unique, than the only place in the world where Americans have been twice defeated on the spot, and from which other victors have set out to defeat them twice elsewhere?
The Tercentenary was not open to quite the same misunderstanding as the Battlefields; but it was intricate enough. Two foreign Powers were to be duly represented, France and the United States; also eleven Canadian governing bodies—the Dominion, the Provinces, and the City of Quebec; also the whole of the rest of the self-governing Empire. There were many bilingual committees—general, special and executive—which sat continually to deal with a multiplicity of vexed questions. The outcome of their labours speaks volumes for the harmony which prevailed in their councils.
Then, there were three fleets of three Great Powers to be provided for, also the first approximation to a complete Canadian army ever brought together in time of peace, also an influx of visitors outnumbering the entire native population, also the representatives of the three historic Empires, of all the great historic families, of the historic places connected with Quebec, of the British Army, of many other interested bodies, and, finally, of the King himself.
And everything  to be completed in four short months of intense preparation, where a single mistake might ruin all! Then, it had been decided to have a Pageant—the first of its kind ever held in the New World and greatest ever held anywhere. It took a full year to prepare the Oxford Pageant. The Quebec one was carried through in these four months. Let anyone who has ever managed amateur theatricals imagine what it meant to raise and train amateurs for a performance the like of which had never been seen before in Canada. Fortunately, very fortunately, the London Pageant was postponed and Quebec secured the originator and greatest master of the modern Pageant, Mr.
Frank Lascelles. He too, in the sense that he gave his services free, was an amateur, as was his secretary, Mr. Ernan Denis. To our discredit as Canadians many persisted for a long time in believing that these two patriotic benefactors were making a small fortune in some surreptitious way. And, to our further discredit, every jobmaster in the proper sphere of influence held out his itching palm for the usual illicit share of the spoils.
We Canadians are unhappily forced to acknowledge that some ugly words of American origin and use are quite as applicable to much of our own public life, no matter what party happens to be in power. But, on the other hand, it was one of the finest features of this great success that the body of devoted public men on the National Battlefields Commission, under the chairmanship of Quebec's upright and indefatigable Mayor, Sir George Garneau, gave their services as freely as Mr.
Lascelles, and saw  to it that the funds at their disposal were honestly spent to the best advantage. Of course, the Pageant gave occasion for some French-and-English misunderstanding, which was, equally of course, accentuated by the mosquito press and sundry petty busybodies, who were by no means all French-Canadians.
But here again the truth emerged in time to save the situation. When it was found that a Pageant managed by an Englishman, and at first performed by an unduly large proportion of Anglo-Canadians, was yet so French and French-Canadian that not a word of English was spoken in it from first to last, except by Phips's discomfited envoy, no reasonable suspicion could any longer be kept alive.
The French-Canadians saw the matter in its true light and joined en masse. And when they did join they easily took the honours of the scene. They caught the spirit of it at once; and they excelled in the dramatic parts, both individually and collectively. Since all ended so happily, and since every critical question only served to strengthen the growing friendship of the two races, thus brought into such intimate contact, there is no need to disguise the fact that the fate of the historic armies, and with it the fate of the Pageant and whole celebration, hung in the balance for several anxious days.
The arguments in favour of having these armies were simply unanswerable. Some timid folk asked why should we have a Pageant with a celebration on a world-wide scale at all. But, two years before, the exclusively French-Canadian St. Under these circumstances, no Pageant could stop short of, much less omit, the heroes of both battles of the Plains. All the world knew Wolfe and Montcalm. If they were left out, would not the world think there was something that had to be hidden? To the obvious objection that the world might only notice the first battle, the obvious answer was that here was the one golden opportunity to teach it about the second, and to draw its willing attention to all the other French and French-Canadian glories of Quebec.
And to the final objection that the ultimate result was a French defeat, the answer was that the French Canadians and the British never fought each other alone, that, on the contrary, when they were alone together in Quebec, they fought and conquered, side by side, and that nothing could be more insulting to French-Canadians than to suppose that all their professed contentment with this ultimate result was mere lip-service to curry favour with a conqueror. The historic armies were accordingly incorporated as the crowning scene of the Pageant.
Some knave had started, and  some fools had believed, an idiotic newspaper nonsense-tale about a sham battle! The leaders of both races of course knew better. But that portion of the public, French- and English-speaking alike, which is always ready to believe any false news that happens to be bad enough, began to get excited.
However, quite apart from the temporary mischief caused by this poisonous lie, the problem was sufficiently knotty at first sight. The French army could not march on from the Quebec side and the British from the opposite, without suggesting the first battle and Wolfe's victory. Nor could the position be reversed without suggesting the French victory of the following campaign. At last an idea struck one of the four nonplussed survivors of an interminable sitting that both armies should march on, side by side, and at right angles to the lines of advance and retreat of each army in either battle.
This was immediately adopted; and two friendlier forces never met or parted on better terms. I have purposely dwelt with considerable insistence on the French-and-English question, because I am thoroughly convinced that there is nothing to fear from the truth. On the contrary, I am sure that the Pageant, the Battlefields and the whole  Tercentenary have promoted a better mutual understanding than ever existed in our joint history before. And I certainly think that due credit has hardly yet been given to the French-Canadians for their share in bringing about this devoutly wished-for consummation.
We must remember how naturally the mass of any people shrinks from being merged in constantly increasing bodies different from itself. It is not very easy for minorities to be generous. Is it always so easy for our own Anglo-Canadian minority in the Province of Quebec to be generous to the French-Canadian majority? Should we then be so ready to resent an occasional narrowness among the French-Canadian minority in the Dominion or the Empire?
On the whole, it may be truly said that while there was a genuine and hearty desire, in all responsible English-speaking quarters, to give French-Canadians the fairest field and fullest favour, the French-Canadians, on their part, were at least the equals of the Anglo-Canadians, and under more difficult conditions, in losing prejudice and gaining generosity throughout the trying periods of the tercentennial year.
To give you a quite honest account of all that was planned and carried out I should confess our failures. But as they were mostly in details of organization I suppose you would not care to hear them catalogued. The moral of all failures is always the same: that the only way to organize any victory is to give experts time and means to lead disciplined enthusiasts to the desired end.
- Gramática do Sexo Oral (Portuguese Edition);
- Ive Been Wondering: Conversations with Young Theologians.
- Chamfort - The French Moralists.
In my humble opinion only three really important mistakes were made. Whenever you have thou  sands of amateurs you should have a good professional staff to keep touch between leaders and followers, and between each part and the whole. We had generals and regiments enough; but we might have had a stronger staff. Then, it seems a decided mistake ever to have contemplated a postponement till , a doubly objectionable year, and ever to have thought of dragging in the incongruous opening of the Quebec bridge. The third mistake was probably a moot point to many far abler minds.
But to my own it always seemed, and still seems, a detraction from the whole celebration to have left out the greatest of all the historic characters, William Pitt, the Empire-maker. Taken for all in all, however, the Tercentenary was an unchallengeable triumph—brilliant to the eye, moving to the heart, deep to the understanding, and fraught throughout with untold significance.
The longest and driest part of my discourse is now over; and we shall be able to turn, not perhaps without some relief, to the actual celebration and the living story of the Pageant. By Wednesday, the 22nd of July, Quebec was astir with the concentred life of a whole people. The meeting of the scions of her mighty past with the international representatives of a mighty present had already quickened her to many-sided interest.
The Mayor of Brouage, the old French town which gave birth to Champlain, now looked on the capital of a New France to which Champlain himself gave birth. Clan Fraser, so justly noted for its soldiers and settlers, was represented by its Chief, Lord Lovat. It was not without its significance that the representatives of the two Protestant countries were Roman Catholics, that the Fraser name and blood are current among the French-Canadians, that the Duke of Norfolk is the Premier Peer of the British nobility, that both he and Lord Lovat served in the Boer War, and that Lord Ranfurly was a most popular Governor-General among the ultra-democratic New Zealanders.
Then, Newfoundland, eldest of all the British Colonies, was represented beside United South Africa, youngest of all aspirants to Confederation. So here were representatives of the whole self-ruling Empire; while the turbans of some Indian  officers reminded us of that other Empire, where more than three times as many people as there are in the United States are governed by Lord Minto, who served with distinction against the North West Rebellion, the first purely Canadian campaign, and who was our Viceroy when the first Canadian Contingents were sent to fight for the Empire beyond the sea.
It was a great pity that India was not fully represented by some of her ruling princes. This was no fault of Lord Grey's, none of Lord Minto's, and, as was found out later on, none of the princes' own. Had another than the "official channel of communication" been used, or usable, we might have had all the Oriental splendour we wanted, coming at its own expense.
And what a lesson in the width, depth and variety of Imperial grandeur and responsibilities! You will remember how the destinies of East and West were intertwined even so far back as the retrocession of Louisburg and the retention of Madras. To crown all, the Fleet and Army, which the Mother Country still maintains almost alone for the defence of all, were represented by a squadron of her battleships and cruisers, and by her greatest living soldier, Lord Roberts, the only man who has ever commanded forces from every part of the Empire united for a single war.
But this was not all. Though thousands of visitors had been flocking in for a week, though fleets had been entering the harbour, though troops had been marching into camp without a break by night or day, though from the Heights you could see ships, tents and battlefields, and though every street and open space was swarming with eager  crowds, Quebec was still vibrant with expectation.
Was not the Heir to the King of an Empire as large and thrice as populous as the whole New World coming to honour the founder of a country the size of Europe, and to dedicate the most sacred spot within it, where the fate of nations was decided? He came in the full splendour of a perfect summer day; and his arrival befitted the occasion. He came by sea, as British rulers should. His ship, that all were waiting for, was the Indomitable , the latest model of combined strength and speed in the oldest and greatest Navy in the world; and therefore the best to fly the Royal Standard of a sailor Prince.