Search results for: justice and fundamental rights

Authors: Muthukuda Arachchige Dona Shiroma Jeeva Shirajanie Niriella

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The necessity of protection of the rights of victims of crime is a matter of concerns today. In the criminal justice system, child victims who are subjected to sexual abuse/violence are more vulnerable than the other crime victims. When they go to the police to lodge the complaint and until the end of the court proceedings, these victims are re-victimized in the criminal justice system. The rights of the suspects, accused and convicts are recognized and guaranteed by the constitution under fair trial norm, contemporary penal laws where crime is viewed as an offence against the State and existing criminal justice system in many jurisdictions including Sri Lanka. In this backdrop, a reasonable question arises as to whether the existing criminal justice system, especially which follow the adversarial mode of judicial trial protect the fair trial norm in the criminal justice process. Therefore, this paper intends to discuss the rights of the sexually abused child victims in the criminal justice system in order to restore imbalance between the rights of the wrongdoer and victim and suggest legal reforms to strengthen their rights in the criminal justice system which is essential to end secondary victimization. The paper considers Sri Lanka as a sample to discuss this issue. The paper looks at how the child victims are marginalized in the traditional adversarial model of the justice process, whether the contemporary penal laws adequately protect the right of these victims and whether the current laws set out the provisions to provide sufficient assistance and protection to them. The study further deals with the important principles adopted in international human rights law relating to the protection of the rights of the child victims in sexual offences cases. In this research paper, rights of the child victims in the investigation, trial and post-trial stages in the criminal justice process will be assessed. This research contains an extensive scrutiny of relevant international standards and local statutory provisions. Case law, books, journal articles, government publications such as commissions’ reports under this topic are rigorously reviewed as secondary resources. Further, randomly selected 25 child victims of sexual offences from the decided cases in last two years, police officers from 5 police divisions where the highest numbers of sexual offences were reported in last two years and the judicial officers both Magistrates and High Court Judges from the same judicial zones are interviewed. These data will be analyzed in order to find out the reasons for this specific sexual victimization, needs of these victims in various stages of the criminal justice system, relationship between victimization and offending and the difficulties and problems that these victims come across in criminal justice system. The author argues that the child victims are considerably neglected and their rights are not adequately protected in the adversarial model of the criminal justice process.

Keywords: child victims of sexual violence, criminal justice system, international standards, rights of child victims, Sri Lanka

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Authors: Chintan Chandrachud

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When primary legislation is challenged for breaching fundamental rights, many courts around the world adopt interpretive techniques to avoid finding such legislation incompatible or invalid. In the UK, these techniques find sanction in section 3 of the Human Rights Act 1998, which directs courts to interpret legislation in a manner which is compatible with European Convention rights, ‘so far as it is possible to do so’. In India, courts begin with the interpretive presumption that Parliament intended to comply with fundamental rights under the Constitution of 1949. In comparing rights-compliant interpretation of primary legislation under the Human Rights Act and the Indian Constitution, this paper makes two arguments. First, that in the absence of a section 3-type mandate, Indian courts have a smaller range of interpretive tools at their disposal in interpreting primary legislation in a way which complies with fundamental rights. For example, whereas British courts frequently read words into statutes, Indian courts consider this an inapposite interpretive technique. The second argument flows naturally from the first. Given that Indian courts have a smaller interpretive toolbox, one would imagine that ceteris paribus, Indian courts’ power to strike down legislation would be triggered earlier than the declaration of incompatibility is in the UK. However, this is not borne out in practice. Faced with primary legislation which appears to violate fundamental rights, Indian courts often reluctantly uphold the constitutionality of statutes (rather than striking them down), as opposed to British courts, which make declarations of incompatibility. The explanation for this seeming asymmetry hinges on the difference between the ‘strike down’ power and the declaration of incompatibility. Whereas the former results in the disapplication of a statute, the latter throws the ball back into Parliament’s court, if only formally.

Keywords: constitutional law, judicial review, constitution of India, UK Human Rights Act

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Authors: Joanne Robertson, Awneet Sivia

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Preparing aspiring teachers to become advocates for social justice reflects a fundamental commitment for teacher education programs in Canada to create systemic educational change. The goal is ultimately to address inequities in K-12 education for students from multiple identity groups that have historically been marginalized and oppressed in schools. Social justice is described as an often undertheorized and vague concept in the literature, which increases the risk that teaching for social justice remains a lofty goal. Another concern is that the social justice agenda in teacher education in North America ignores pedagogies related to subject-matter knowledge and discipline-based teaching methods. The question surrounding how teacher education programs can address these issues forms the basis for the research undertaken in this study. The paper focuses on a qualitative research project that examines how an Equity Literature Circles (ELC) framework within a language arts methods course in a Bachelor of Education program may help pre-service teachers better understand the inherent relationship between literacy instructional practices and teaching about and for social justice. Grounded in the Freireian (2018) principle of praxis, this study specifically seeks to understand the impact of Equity Literature Circles on pre-service teachers’ understanding of current social justice issues (reflection), their development of professional competencies in literacy instruction (practice), and their identity as advocates of social justice (action) who address issues related to student diversity, equity, and human rights within the English Language Arts program. In this paper presentation, participants will be provided with an overview of the Equity Literature Circle framework, a summary of key findings and recommendations from the qualitative study, an annotated bibliography of suggested Young Adult novels, and opportunities for questions and dialogue.

Keywords: literacy, language, equity, social justice, diversity, human rights

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Authors: Journey Whitfield

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This study investigates the United States' ongoing violation of Black Americans' fundamental human rights, as evidenced by mass incarceration, social injustice, and economic deprivation. It argues that the U.S. contravenes Article 9 of the International Covenant on Civil and Political Rights through policies that uphold systemic racism. The analysis dissects current practices within the criminal justice system, social welfare programs, and economic policy, uncovering the racially disparate impacts of seemingly race-neutral policies. This study establishes a clear lineage between past systems of oppression – slavery and Jim Crow – and present-day racial disparities, demonstrating their inextricable link. The thesis proposes that only a comprehensive reparations program for Black Americans can begin to redress these systemic injustices. This program must transcend mere financial compensation, demanding structural reforms within U.S. institutions to dismantle systemic racism and promote transformative justice. This study explores potential forms of reparations, drawing upon historical precedents, comparative case studies from other nations, and contemporary debates within political philosophy and legal studies. The research employs both qualitative and quantitative methods. Qualitative methods include historical analysis of legal frameworks and policy documents, as well as discourse analysis of political rhetoric. Quantitative methods involve statistical analysis of socioeconomic data and criminal justice outcomes to expose racial disparities. This study makes a significant contribution to the existing literature on reparations, human rights, and racial injustice in the United States. It offers a rigorous analysis of the enduring consequences of historical oppression and advocates for bold, justice-centered solutions.

Keywords: Black Americans, reparations, mass incarceration, racial injustice, human rights, united states

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Authors: Eid Nasr Saad Nasr

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Although human rights protection in the industrial sector has increased, human rights violations continue to occur. Although the government has passed human rights laws, labor laws, and an international treaty ratified by the United States, human rights crimes continue to occur and go undetected. The growing number of textile companies in Bekasi is also leading to an increase in human rights violations as the government has no obligation to protect them. The United States government and business leaders should respect, protect and defend the human rights of workers. The article discusses the human rights violations faced by garment factory workers in the context of the law, as well as ideas for improving the protection of workers' rights. The connection between development and human rights has long been the subject of academic debate. Therefore, to understand the dynamics between these two concepts, a number of principles have been adopted, ranging from the right to development to a human rights-based approach to development. Despite these attempts, the precise connection between development and human rights is not yet fully understood. However, the inherent interdependence between these two concepts and the idea that development efforts must respect human rights guarantees has gained momentum in recent years. It will then be examined whether the right to sustainable development is recognized.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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Authors: Shenouda Salib Hosni Rofail

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The interface between development and human rights has long been the subject of scholarly debate. As a result, a set of principles ranging from the right to development to a human rights-based approach to development has been adopted to understand the dynamics between the two concepts. Despite these attempts, the exact link between development and human rights is not yet fully understood. However, the inevitable interdependence between the two concepts and the idea that development efforts must be made while respecting human rights have gained prominence in recent years. On the other hand, the emergence of sustainable development as a widely accepted approach to development goals and policies further complicates this unresolved convergence. The place of sustainable development in the human rights discourse and its role in ensuring the sustainability of development programs require systematic research. The aim of this article is, therefore, to examine the relationship between development and human rights, with a particular focus on the place of the principles of sustainable development in international human rights law. It will continue to examine whether it recognizes the right to sustainable development. Thus, the Article states that the principles of sustainable development are recognized directly or implicitly in various human rights instruments, which is an affirmative answer to the question posed above. Accordingly, this document scrutinizes international and regional human rights instruments, as well as the case law and interpretations of human rights bodies, to support this hypothesis.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security.

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Authors: Karam Aziz Hamdy Fahmy

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Although human rights protection in the industrial sector has increased, human rights violations continue to occur. Although the government has passed human rights laws, labor laws, and an international treaty ratified by the United States, human rights crimes continue to occur and go undetected. The growing number of textile companies in Bekasi is also leading to an increase in human rights violations as the government has no obligation to protect them. The United States government and business leaders should respect, protect and defend the human rights of workers. The article discusses the human rights violations faced by garment factory workers in the context of the law, as well as ideas for improving the protection of workers' rights. The connection between development and human rights has long been the subject of academic debate. Therefore, to understand the dynamics between these two concepts, a number of principles have been adopted, ranging from the right to development to a human rights-based approach to development. Despite these attempts, the precise connection between development and human rights is not yet fully understood. However, the inherent interdependence between these two concepts and the idea that development efforts must respect human rights guarantees has gained momentum in recent years. It will then be examined whether the right to sustainable development is recognized.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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Authors: Baratali Monfaredraz

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The concept of justice has been able to occupy a lot of people’s minds and speeches for a long time. Justice has various dimensions such as economic justice, judicial justice, political justice, educational justice, ethnical justice and etc. Educational justice as one of the most basic dimensions of justice can alter our education in every field and it can flourish the talents and capabilities on macro level. One of the most efficient ways for social justice realization is to provide equal opportunities for all people in the society to be able to access equally to education as their human rights since today how progress occurs in education is regarded as the index of social development. On this basis, especially developing countries try to provide equal opportunities for all people in terms of access to education, specifically in higher education. At present, private education system violates the principles of conducting effort, meeting the needs and in part realizing the capabilities and so it cannot be justified to be a fair conductance. It seems that providing higher quality education in public schools and lowering role of teacher and educational facilities in educational achievement can be considered as a proper way to remove the discrimination in terms of unequal distribution of educational facilities. In addition, higher education development in deprived regions can initialize social activities among the inhabitants of these regions. Justice in educational field can result in access of all people to economic and social situations and job opportunities in future.

Keywords: educational justice, deprivation, private schools, higher education, job opportunities

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Authors: Eleni Volonaki

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In Athenian forensic speeches, the argumentation on punishment of the wrongdoers constitutes a fundamental ideal of exacting justice in court. The present paper explores the variation of approaches to punishment as a means of reformation, revenge, correction, education, example, chance to restoration of justice. As it will be shown, all these approaches reflect the social and political ideology of Athenian justice in the classical period and enhances the role of the courts and the importance of rhetoric in the process of decision-making. Punishment entails a wide range of penalties but also of ideological principles related to the Athenian constitution of democracy.

Keywords: punishment, athenian forensic speeches, justice, athenian democracy

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Authors: Marco Khalaf Ayad Milhaail

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In thinking about the role of legal rules and their impact on social ethics and social structures, scholars have explored many issues related to gender, power, and ideology. First, it provides a framework for defining feminist legal studies through an overview of the field's evolution in terms of equality, rights, and justice. Secondly, it encourages those interested in equality, rights, and justice regarding women's issues to participate in international comparative law research. Third, we must emphasize that those seeking solutions to disability and discrimination must be aware of the need to confront the so-called undermining of culture. Therefore, an effective way for women to solve this problem is to rely heavily on international law, which establishes basic legal principles such as gender equality, rights, and justice and can help create a domestic environment. Woman has gained many advantages by adopting the law of Divorce in the Islamic Sharea. Any Egyptian woman can get divorce by letting her rightful rights and wealth to her husband in return for her freedom.

Keywords: stability, harsh environments, techniques, thermal, properties, materials, applications, brittleness, fragility, disadvantages, bank, branches, profitability, setting prediction, effective target, measurement, evaluation, performance, commercial, business, profitability, sustainability, financial, system, banks

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Authors: Adel Fathy Sadek Abdalla

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The issue of respect for human rights in Southeast Asia has become a major concern and is attracting the attention of the international community. Basically, the Association of Southeast Asian Nations (ASEAN) made human rights one of its main issues and in the ASEAN Charter in 2008. Subsequently, the Intergovernmental Commission on Human Rights ASEAN Human Rights (AICHR) was established. AICHR is the Southeast Asia Human Rights Enforcement Commission charged with the responsibilities, functions and powers to promote and protect human rights. However, at the end of 2016, the protective function assigned to the AICHR was not yet fulfilled. This is shown by several cases of human rights violations that are still ongoing and have not yet been solved. One case that has recently come to light is human rights violations against the Rohingya people in Myanmar. Using a legal-normative approach, the study examines the urgency of establishing a human rights tribunal in Southeast Asia capable of making a decision binding on ASEAN members or guilty parties. Data shows ASEAN needs regional courts to deal with human rights abuses in the ASEAN region. In addition, the study also highlights three important factors that ASEAN should consider when establishing a human rights tribunal, namely: Volume. a significant difference in terms of democracy and human rights development among the members, a consistent implementation of the principle of non-interference and the financial issue of the continuation of the court.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security.

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Authors: Girma Y. Iyassu Menelik

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“The world is now like a global village!” so goes the saying that shows that due to development and technology the countries of the world are now closely linked. In the field of Human rights there is a close relationship in the way that rights are recognised and enforced. This paper will show that human rights have evolved from ancient times through important landmarks such as the Magna Carta, the French Declaration of Rights of Man and of the Citizen and the American Bill of Rights. The formation of the United Nations after the Second World War resulted in the need to codify and protect human rights. There are some rights which are so fundamental that they are found in international and continental instruments, national constitutions and domestic legislation. In the civil and political sphere they include the right to vote, to freedom of association, speech and assembly, right to life, privacy and fair trial. In the economic and social sphere you have the right to work, protection of the family, social security and rights to education, health and shelter. In some instance some rights can be suspended in times of public emergency but such derogations shall be circumscribed by the law and in most constitutions such limitations are subject to judicial review. However, some rights are so crucial that they cannot be derogated from under any circumstances and these include the right to life, recognition before the law, freedom from torture and slavery and of thought, conscience and religion. International jurisprudence has been developed to protect fundamental rights and avoid discrimination on the grounds of race, colour, sex, language or social origin. The elaborate protection system go to show that these rights have become part of the international order and they have universal application. We have now got to a stage where UDHR, ICCPR and ICESCR and have come to be regarded as part of an international bill of rights with horizontal and vertical enforcement mechanisms involving state parties, NGO’s , international bodies and other organs.

Keywords: rights, international, constitutional, state, judiciary

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Authors: Christine S. Veviani

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By observing the Brazilian labor reality, considered as degrading and oppressive, as well as responsible for creating obstacles to rights, this paper is aimed at demonstrating the obligatoriness of complying with the Constitution, as an effective instrument of the Democratic and Social State of Law established in the country since 1988, which identifies and determines the recognition of a single type of citizenship, as representation of equality, social inclusion and human dignity. To achieve this purpose, that is, to awake to a new culture focused on human respect / fundamental rights engraved in the Brazilian Constitution, doctrinal works, case law and labor courts (how they work) will be used as methodology. Thus, by concluding that there is a need for a change in behavior, by employers, intended to respect the Constitution, especially with regard to the concept and citizenship content if an attempt is made to achieve as a result few steps effectiveness of fundamental social rights protective of the Brazilian working class. Thus, by analyzing the Brazilian labor reality, the result is the employers' denial of full and single citizenship of workers, whose effects are directly related to the violation of rights, which leads to the conclusion that there is a need for a change in the behavior regarding the respect for the Constitution, especially concerning the effectiveness of fundamental social rights, which protect the working class in Brazil.

Keywords: employment relationships, opposing citizenships, constitutionalism, capitalism

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Authors: Shaykh-Luqman Jimoh

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In Nigeria, aside the eight Government hospitals designated Psychiatric hospitals, there are also many local psychiatric centers managed by muslims and non-muslim individuals. These centers have been heavily criticized for human right abuses. This study is an inquiry into the truth or otherwise of the criticism. The study focuses on the activities of local centers managed by muslim individuals in South-West Nigeria with a view to determining the extent they uphold or violate their patients’ fundamental human rights as guaranteed by Islam. Information about the activities of the centers were collected through oral interviews. Both descriptive and analytical methods were used in the study. The study revealed that while there are some activities of the local centers managed by muslims in the study area that could be regarded as outright violation of patients’ fundamental human rights, some others, in view of the rationale behind them, may not necessarily constitute outright violation of the patients’ fundamental human rights as hitherto painted except where excesses are committed. The study therefore, using Islamic paradigm, suggests general measures that could be taken to improve on the activities of the centers.

Keywords: local psychiatric centers, muslim exorcists, patients’ rights, South-West Nigeria

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Authors: Asmita A. Vaidya, Shahista S. Inamdar

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Society is dynamic, in this changing and development processes, Indian Muslim women where no exception to this social change. Islam has elevated her status from being chattels/commodity to individual human being having separate legal personality and equal to that of men but in India, even two women are not equal in availing their matrimonial rights and remedies, separate personal laws are applicable to them and thus gender justice is a fragile myth.

Keywords: Muslim women, gender justice, polygamy, Islamic jurisprudence, equality

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Authors: Adel Atta Youssef Rezkalla

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Russia's invasion of Ukraine tested the international community and prompted not only states but also non-state actors to take deterrent measures in response. In fact, international sports federations, notably FIFA and UEFA, have managed to shift the power dynamic quite effectively by imposing a blanket ban on Russian national teams and clubs. The purpose of this article is to examine the human rights consequences of such actions by international sports organizations. First, the article moves away from assessing the legal status of FIFA and UEFA under international law and examines the question of how a legal connection can be established with their human rights obligations. Secondly, the human rights aspects of the controversial FIFA and UEFA measures against Russian athletes are examined and these are analyzed in more detail using the proportionality test than the principle of non-discrimination under international human rights law. Finally, the main avenues for redress for possible human rights violations related to the actions taken by these organizations are identified and the challenges of arbitration and litigation in Switzerland are highlighted.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security.

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Authors: Carlos Joel Tchawouo Mbiada

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At the back of the apartheid era, South Africa embarked on a democratic drive of all its institution underpinned by a social justice perspective to eradicate past injustices. These democratic values based on fundamental human rights and equality informed all rights enshrined in the Constitution of the Republic of South Africa, 1996. This means that all rights are therefore infused by social justice perspective and labour rights are no exception. Labour law is therefore regulated to the extent that it is viewed as too rigid. Hence a call for more flexibility to enhance investment and boost job creation. This view articulated by the Free Market Foundation fell on deaf ears as the opponents believe in what is termed regulated flexibility which affords greater protection to vulnerable workers while promoting business opportunities and investment. The question that this paper seeks to examine is to what extent the regulation of labour law will go to protect employees. This question is prompted by the recent Constitutional Court’s judgment of National Union of Metalworkers of South Africa v Trenstar which barred the employer from employing labour replacement in response to the strike action by its employees. The question whether employers may use replacement labour and have recourse to lock-outs in response to strike action is considered in the context of the dichotomy between the Free market foundation and social justice perspectives which are at loggerheads in the South African collective bargaining process. With the current unemployment rate soaring constantly, the aftermath of the Covid 19 pandemic, the effects of the war in Ukraine and lately the financial burden of load shedding on companies to run their businesses, this paper argues for a policy shift toward deregulation or a lesser state and judiciary intervention. This initiative will relieve the burden on companies to run a viable business while at the same time protecting existing jobs.

Keywords: labour law, replacement labour, right to strike, free market foundation perspective, social justice perspective

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Authors: Mohammad Parvaresh, Mahdi Babaee, Bahareh Arghand, Davood Nourmohammadi

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Environmental degradation is caused by social inequalities and the inappropriate use of nature and a factor in the violation of human rights. Indeed, the right to a safe, healthy and ecologically-balanced environment is an independent human right. Therefore, the relationship between human rights and environmental protection is crucial for the study of social justice and sustainable development, and environmental problems are a result of the failure to realize social and economic justice. In this regard, 'article 50 of the constitution of the Islamic Republic of Iran as a general principle have many of the concepts of sustainable development, including: the growth and improvement of human life, the rights of present and future generations, and the integrity of the inner and outer generation, the prohibition of any environmental degradation'. Also, Charter on Citizen’s Rights, which was conveyed by the President of the Islamic Republic of Iran, Mr. Rouhani refers to the right to a healthy environment and sustainable development. In this regard in 2013, Tehran Province Water and Wastewater Co. defined a plan called 'Tehran’s Health Line' was includes Western and Eastern part by about 26 kilometers of water transferring pipelines varied 1000 to 2000 mm diameters. This project aims to: (1) Transfer water from the northwest water treatment plant to the southwest areas, which suffer from qualitative and quantitative water, in order to mix with the improper wells’ water; (2) Reducing the water consumption provided by harvesting from wells which results in improving the underground water resources, causing the large settlements and stopping the immigrating slums into the center or north side of the city. All of the financial resources accounted for 53,000,000 US$ which is mobilized by Tehran Province Water and Wastewater Co. to expedite the work. The present study examines the Tehran Health Line plan and the purpose of implementation of this plan to achieve environmental protection, environmental justice and citizenship rights for all people who live in Tehran.

Keywords: environmental justice, international environmental law, erga omnes, charter on citizen's rights, Tehran health line

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Authors: Fines Fatimah, SH. MH.

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Indonesia is one of the countries that has ratified the UNCRPD (United Nations Convention on the Rights of Persons with Disabilities). The ratification of this convention brings consequences on the adjustment of national legislation with the UNCRPD convention, where this ratification at the same time is a measure in the eyes of the international community that a state party could be consistent with the issues and problems of disability. Persons with disabilities often have little access to justice when they are forced to deal with the criminal justice system. Pursuit of justice through litigation are often not in their favor, therefore without any awareness of law enforcement/awareness of disability will further complicate access to justice for persons with disabilities. Under Article 13 of the UNCRPD, it appeared that the convention requires ratifying states to guarantee equal opportunity and treatment in justice for persons with disabilities. The States should also ensure that any judicial rules must be adapted to the circumstances of persons with disabilities so that people with disabilities can fully participate in all stages of the trial court and, for example, as a witness. Finally, the state must provide training to understand these persons with disabilities (for those who work in the judiciary institution such as police or prison officials). Further, this paper aims to describe problem faced by persons with intellectual disabilities to access justice in Indonesian Criminal Justice System. This paper tries to find and propose the alternative solutions to promote the quality of law enforcement in Indonesia, especially for persons with intellectual disabilities.

Keywords: access to justice, Indonesian criminal justice system, intellectual disability, ratifying states

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Authors: Sumanta Meher, Gaurav Shukla

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The torments of the victims of terrorism have not only confined to loss of life and limp but also includes the physiological trauma to the innocent victims. The physical wounds may heal, but the trauma remains in the mind and heart of the victims and their loved ones; however, one should not deny that these terrorist activities affect to a major extent to their livelihood. To protect their human rights and restore the shattered lives of the victims of terrorism all the Nations beyond their differences have to show solidarity and frame a comprehensive restorative policy with an effective implementing mechanism. The General Assembly of United Nations, through its several resolutions, has appealed Nations to show solidarity and also committed to helping the Members State to frame the law and policy to support the victims of terrorism. To achieve the objectives of the resolutions adopted by the United Nations, the Indian legislators in 2008 amended the Code of Criminal Procedure, 1973 and incorporated Section 357A to provide financial assistance to the victims of terrorism. In India, the contemporary developments in the victims’ oriented studies have increased the dimension of the traditional criminal justice systems to protect the rights of the victims. In this regard, the paper has ascertained the Indian legal framework in respect to the restorative justice to the victims of terrorism and also addressed the question as to whether the statutory provisions and enforcement mechanisms are efficient enough to protect the human rights of the victims of terrorism. For that purpose, the paper has analyzed the International instruments and the reports with regard to the compensation to the victims of terrorist attacks, with that, the article also evaluates the initiatives of United Nations to help Members State to frame the law and policies to support the victims of terrorism. The study also made an attempt to critically analyze the legal provisions of compensation and rehabilitation of the victims of terrorist attacks in India and whether they are in alignment with the International standards. While concluding, the paper has made an endeavor for a robust legal framework towards the restorative justice for the victims of terrorism in India.

Keywords: victims of terrorism, restorative justice, human rights, criminal justice system of India

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Authors: Oktawia Braniewicz

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The phenomenon of emigration and migration increasingly affects Poland's borders as well. For this reason, it is necessary to examine the level of protection of Human Rights in Polish Centres for Foreigners. The field study covered 11 centers for Foreigners in the provinces Kujawsko-Pomorskie Region, Lubelskie Region, Lodzkie Region, Mazowieckie Region and Podlaskie Region. Photographic documentation of living and social conditions, conversations with center employees and refugees allow to show a comprehensive picture of the situation prevailing in Centres for Foreigners. The object of reflection will be, in particular, the standards resulting from art. 8 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms and article 2 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms. The degree of realization of the right to education and the right to respect for family and private life will be shown. Issues related to learning the Polish language, access to a professional translator and psychological help will also be approximated. Learning Polish is not obligatory, which causes problems with assimilation and integration with other members of the new community. In centers for foreigners, there are no translators - a translator from an external company is rented if necessary. The waiting time for an interpreter makes the refugees feel anxious, unable to communicate with the employees of the centers (this is a situation in which the refugees do not know either English, Polish or Russian). Psychologist's help is available on designated days of the week. There is no separate specialist in child psychology, which is a serious problem.

Keywords: human rights, Polish centres, foreigners, fundamental freedoms

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Authors: Jan Podkowik

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The article discusses issues of mutual relationships of human dignity and personal autonomy. According to constitutions of many countries and international human rights law, human dignity is a fundamental and inviolable value. It is the source of all freedoms and rights, including personal autonomy. Human dignity, as an inherent, inalienable and non-gradable value comprising an attribute of all people, justifies freedom of action according to one's will and following one's vision of good life. On the other hand, human dignity imposes immanent restrictions to personal autonomy regarding decisions on commercialization of the one’s body, etc. It points to the paradox of dignity – the source of freedom and conditions (basic) of its limitations. The paper shows the theoretical concept of human dignity as an objective value among legal systems, determining the boundaries of legal protection of personal autonomy. It is not, therefore, the relevant perception of human dignity and freedom as opposite values. Reference point has been made the normative provisions of the Polish Constitution and the European Convention on Human Rights and Fundamental Freedoms as well as judgments of constitutional courts.

Keywords: autonomy, constitution, human dignity, human rights

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Authors: Ankita Shanker, Angus Nurse

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The notion of animal rights is an emerging trend in various spaces, including judicial and societal discourse. But one of the key purposes of recognizing the fundamental rights of anyone is their de-objectification. Animals are a prime example of a group that has rights that are neither recognized nor protected in any meaningful way, and anything that purports differently fails to ameliorate this because it still objectifies animals. Animals are currently treated by law and society as commodities with primarily (though not exclusively) instrumental value to some other rights-holder, such as humans or nature. So most protections that are afforded to them are done so in furtherance of the interests that they allegedly further, be it social morality or environmental protection. Animal rights are thus often seen as an application or extension of the rights of humans or, more commonly, the rights of nature. What this means is that animal rights are not always protected or even recognized in their own regard, but as stemming from some other reason, or worse, instrumentally as means to some other ends. This has two identifiable effects from a legal perspective: animal rights are not seen as inherently justified and are not seen as inherently valuable. Which in turn means that there can be no fundamental protection of animal rights. In other words, judicial protection does not always entail protection of animal ‘rights’ qua animal rights, which is needed for any meaningful protections to be afforded to animals. But the effects of this legal paradigm do not end at the legal status of animals. Because this status, in turn, affects how persons and the societies of which they form part see animals as a part of the rights of others, such as humans or nature, or as valuable only insofar as they further these rights, as opposed to as individuals with inherent worth and value deserving of protection regardless of their instrumental usefulness to these other objectives. This does nothing to truly de-objectify animals. Because even though most people would agree that animals are not objects, they continue to treat them as such wherever it serves them. For individuals and society to resolve, this inconsistency between stance and actions is for them to believe that animals are more than objects on a psychological and societal level. In this paper, we examine the implications of this perception of animals and their rights on the legal protections afforded to them and on the minds of individuals and civil society. We also argue that a change in the legal and societal status of animals can be brought about only through judicial, psychological, and sociological acknowledgment that animals have inherent value and deserve protection on this basis. Animal rights derived in such a way would not need to place reliance on other justifications and would not be subject to subjugation to other rights should a conflict arise.

Keywords: animal rights law, animal protection laws, psycho-socio-legal studies, animal rights, human rights, rights of nature

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Authors: Luana Mathias Souto

Abstract:

The situation about women’s rights it’s a sensitive issue when it’s talking about human rights. More difficult its find a way to protect these rights. Aware of this problem, this article aims to analyze the women’s rights in the Brazilian context, mainly, the reproductive rights. So, to achieve this purpose, this paper through the combination of Law, philosophy, and Literature tries to rethinking why women can’t have a voice when the decisions about their rights are taken. Methodologically, it was used as an interdisciplinary bibliographical revision between Law, philosophy, and Literature. From Literature it brings the contributions from the life-narratives as an instrument to promote human rights. Besides the life-narratives theory, it’s also used the novel The Handmaid’s tale from Margaret Atwood, which became a symbol to reflect about reproductive rights. From philosophy, it’s adopted the concepts of Homo sacer and state of exception developed by the philosopher Giorgio Agamben. The contributions of these different researches fields made possible to conclude that women are Homo sacer because governments ignore their voices and opinions when they talk about abortion. The control of the human body, mainly, women bodies it’s more important than preserving some fundamental rights and because of this, it’s so difficult to preserve and promote the human rights. Based on these conclusions, it is understood that when the state is incapable or does not want to guarantee the adequate protection of human rights, it is up to society through its various means to find ways to protect them, and this is the main proposal sought by this article.

Keywords: dystopian fiction, human rights, life-narratives, state of exception

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Authors: Amir Shafiq, Asif Shahzad, Shabbar Mehmood, Muhammad Saeed, Hamid Mustafa

Abstract:

Administration of justice in a society is evolutionary process. In pre-modern societies vital organs that we consider separate today i.e. legislation, implementation and adjudication were controlled by a King, the sovereign authority. Whereas now it is recognized that Development of a country revolves in seven arenas i.e. Civil Society, Political Society, Economic Society, Legislature, Judiciary, Executive & Bureaucracy. Each society whether developing or developed, has need of institutions and structures that can resolve difference of opinions of private or public nature between contending parties. Administration of justice has a key-role in the development of the society. Through this paper, it is to highlight that an independent judiciary having the support of public opinion therefore is inevitable to wriggle out from such problems in order to restore and protect the fundamental rights, constitution and democratic political system in third world countries like Pakistan.

Keywords: role of judiciary, developing countries, judicial activism, present scenario

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Authors: Kolawole-Amao, Grace Titilayo

Abstract:

Children are the most vulnerable members of the society. The child is a foundation of the society and he/she assures its continuity. Thus, the survival, continuity and the standard of development of human society depends upon the protection, preservation, nurture and development of the child. In other words, the rights of a child must be protected and guaranteed for the assurance of a healthy society. The law is an instrument of social change in any society as well as a potent weapon to combat crime, achieve justice for the people and protect their rights. In Nigeria, child marriage still occurs, though its prevalence varies from one region to another. This paper shall Centre on child rights under the law in Nigeria, child marriage and its impact on the child, obstacles in eliminating child marriages and measures that have been adopted as well as the role of the law and its effect in deterring child marriage in Nigeria.

Keywords: child rights, child marriage, law, Nigeria

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Authors: Marinko Skare, Malgorzata Porada Rochon

Abstract:

This paper study the link between energy justice and economic growth. The link between energy justice and growth has not been extensively studied. Here we study the impact and importance of energy justice, as a part of the energy transition process, on economic growth. Our study shows energy justice growth is an important determinant of economic growth and development that should be addressed at the industry and economic levels. We use panel data modeling and causality testing to research the empirical link between energy justice and economic growth. Industry and economy-level policies designed to support energy justice initiatives are beneficial to economic growth. Energy justice is a necessary condition for green growth and sustainability targets.

Keywords: energy justice, economic growth, panel data, energy transition

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Authors: Marie Manikis

Abstract:

This paper argues that the scholarship to date on victims in the criminal process has mainly adopted a private conception of victims –as bearers of individual interests, rights, and remedies– rather than a conception of the victim as an actor with public functions and interests, who has historically and continuously taken on an active role in the common law tradition. This conception enables a greater understanding of the various developments around victim participation in common law criminal justice systems and provides a useful analytical tool to understand the different roles of victims in England and Wales and the United States. Indeed, the main focus on individual rights and the conception of the victim as a private entity undermines the distinctive and increasing role victims play in the wider criminal justice process as agents of accountability through administrative-based processes within and outside courts, including private prosecutions, internal review processes within prosecutorial agencies, judicial review, and ombudsmen processes.

Keywords: victims, participation, criminal justice, accountability

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Authors: Ishaq Alhassan Meriga

Abstract:

This study examined the phenomenon of mob violence and its implication for peace in Ghana. The study used the archival study of media reports and content analysis of other secondary data as well as eyewitness accounts. The study examined trends and patterns of vigilante violence within the Ghanaian context. Results showed a considerable increase in the occurrence of mob violence within the last 10 years. Theft and robbery emerged as the most frequently suspected crimes for which victims were attacked, while the LGBT community is not left out. Cases of mob violence were most frequently reported in urban areas. This study has shown that the patterns, scope, nature, and implication of mob justice in Ghana are fairly and comparatively similar to those found in other parts of Africa and the globe. Mob violence is identified as undermining the rule of law and thereby infringing on the fundamental human rights of the victims. It is confirmed to have a cycle of effects that is an impediment to the peace of the country. The study underscores the implications of mob violence in terms of disdaining human life and dignity, revisiting our justice systems and punishment procedures, resourcing, and empowering law enforcers to fight the menace of vigilantism. First, the archival study had a limitation regarding missing data. The majority of the cases used for the study lack information mostly on perpetrators and the steps taken by public authorities and security agencies after reports of a mob attack have been lodged with them. The study recommends for further research to be undertaken on the perpetrators and survivors of mob actions in order to get a holistic understanding of the phenomenon. This will give a more comprehensive view of the issue of mob violence in Ghana. From the findings, it can be concluded that mob justice is a social canker in Ghanaian communities, which has a great impact on the peace of the country.

Keywords: LGBT, mob justice, peace, vigilantism

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Authors: Barrere Sarah

Abstract:

The area of liberty, security, and justice within the European Union is still a work in progress. No one can deny that the EU struggles between a monistic and a dualist approach. The aim of our essay is to first review how the European law is perceived by the rest of the international scene. It will then discuss two main mechanisms at play: the interpretation of larger international treaties and the penal mechanisms of European law. Finally, it will help us understand the role of a penal Europe on the international scene with concrete examples. Special attention will be paid to cases that deal with fundamental rights as they represent an interesting case study in Europe and in the rest of the World. It could illustrate the aforementioned duality currently present in the Union’s interpretation of international public law. On the other hand, it will explore some specific European penal mechanism through mutual recognition and the European arrest warrant in the transnational criminality frame. Concerning the interpretation of the treaties, it will first, underline the ambiguity and the general nature of some treaties that leave the EU exposed to tension and misunderstanding then it will review the validity of an EU act (whether or not it is compatible with the rules of International law). Finally, it will focus on the most complete manifestation of liberty, security and justice through the principle of mutual recognition. Used initially in commercial matters, it has become “the cornerstone” of European construction. It will see how it is applied in judicial decisions (its main event and achieving success is via the European arrest warrant) and how European member states have managed to develop this cooperation.

Keywords: European penal law, international scene, liberty security and justice area, mutual recognition

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