Giving effect to the human right to a clean environment in Botswana

2021 ◽  
Vol 23 (1) ◽  
pp. 23-39
Author(s):  
Tinashe Madebwe ◽  
Emma Chitsove ◽  
Jimcall Pfumorodze

Environmental deterioration remains a concern in Botswana. Despite efforts being made to address this issue by the state, more needs to be done in this regard. This is particularly interesting in the light of reports that the country is looking to draft a new constitution. Against this backdrop, this article considers whether including environmental rights in Botswana’s constitution would advance environmental protection efforts. To this end, the article relies on experiences with rights drawn from different jurisdictions across the world, as well as commentary on these experiences, to build a tool for measuring the extent to which the turn to environmental rights holds value in a given jurisdiction. Using this tool, and drawing from experiences in looking to establish environmental rights in Botswana, the article measures the extent to which including the right in the constitution would hold value in advancing Botswana’s pursuit of environmental protection objectives.

Author(s):  
Marina L. Voronkova ◽  

Introduction. The problems of realizing the right to life are relevant to varying degrees in all countries of the world. Their importance can hardly be overestimated, since the preservation of a full-fledged family, society and the state as a whole depends on their solution. The article examines the problems associated with abortion, surrogacy, the development of biotechnology, death penalty, and analyzes the legislative experience of various states and Russia in these areas. The purpose of the study is to conduct a comprehensive analysis of the problems arising in connection with the realization of the right to life and its possible restrictions. In the course of studying the problems, both general scientific and special legal methods were used: historical and dialectical methods, methods of analysis and synthesis, as well as the comparative legal method. Theoretical analysis. Russia (RSFSR) was the first country in the world to legislate in 1920 to allow abortion. According to the author, artificial termination of pregnancy solely at the request of a woman (without taking into account medical and social factors) causes irreparable harm to society, especially given the difficult demographic situation in modern Russia. In addition, this does not correspond to the guiding thesis of responsibility to future generations, enshrined in the preamble to the Constitution of the Russian Federation. In the context of realizing the right to life, each state faces a problem related to death penalty. Can a state, where the right to life is guaranteed, take the life of criminals? Apparently, each state should decide this issue based on the extent to which a particular crime poses a threat to society, a threat to life and health of people. Results. In our opinion, in countries with liberal legislation in relation to abortion, such as Russia, it is necessary to prohibit abortion at the request of a woman, since in this case the woman’s desire violates the right to life of an unborn child. The state should protect the right to life from the moment of conception, not birth, but this is a long process that should lead to an extensive interpretation of Part 2 of Art. 17 of the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation. In addition, Russia needs to pay attention to the legislative experience of Germany and France in relation to surrogacy. In these countries, the legislator has clearly substantiated why surrogacy is in fact a crime against the family. In these countries, surrogacy is criminalized. Also, with the development of biotechnology all over the world, the problems of IVF and cryopreservation of human embryos are acute. This problem can also be solved at the level of legislation by allowing IVF only to married couples (man and woman) who cannot give birth to a child, and by limiting the number of fertilized eggs to a minimum, so that later the issue of destroying unclaimed embryos is not resolved. In general, it seems that in a mature society that wants to develop and tries to prevent the destruction of its state, it is necessary to protect the right to life by all possible legislative methods.


2021 ◽  
Vol 3 (1) ◽  
pp. 117-122
Author(s):  
Mohammad Yufi Al Izhar

Human Rights are basically universal and their rights cannot be taken and revoked by anyone. This is interpreted no matter how bad a person's behavior, a person will still be considered as human as they should be, and will continue to have their rights as human beings, which means that their human rights are inherent and will always be permanently attached to him. Human Rights (HAM) are believed to be the right of life naturally possessed by every human being without exception and a special human thing such as class, group, or social level. Human Rights have basically been championed by humans in all parts of the world throughout the ages. The book written by Prof. Dr. Rahayu, which is very intended for both Faculty of Law students and non-Faculty of Law students, provides an answer to the doubts of the public regarding Human Rights that actually occur in Indonesia and internationally. She also explained the meanings of the struggle of each country that issued their public opinion in the interest of the International, this meant that something that happened in the international arena was certainly a collection of perceptions of settlement within a country. Therefore, Human Rights Law cannot be separated from the main supporting factors which are the material of the countries that make the agreement.


2021 ◽  
Vol 11 (1) ◽  
pp. 91-113
Author(s):  
Anamarija Trošić

In order to decrease the environmental problems in recent years in the world, caused mainly by foreign trade, changes and the introduction of environmental approaches within the business of companies are necessary. Eco design is a powerful tool that pushes boundaries in design, and at the same time participates in raising awareness about environmental protection. At the same time, it reduces environmental pollution and costs, and increases the environmental efficiency and profitability of organizations. Cost reduction can be a particularly important factor in attracting companies to introduce and apply this discipline. It connects with the circular economy and sustainable development and proposes instructions to designers to reduce their negative impact on the environment, choosing environmentally friendly materials, processes and technology. In the world, but also in Croatia, it is necessary to give priority to the development of technology for designing green materials and design technology, design techniques for cleaning paints and compounds and design techniques for a clean environment. The purpose of the article is to provide the public with a deeper understanding of how and whether there is a need to use more green products and furniture. Businesses need to focus on marketing sustainable furniture to a greater extent in order to increase the purchase, but also the awareness of green furniture consumption. The furniture industry is one of those committed to improving its operations in the territory of environmental protection. Eco furniture is easily repaired, disassembled and recycled, and there is awareness in its design, production and end use. Era grupa d.o.o. is a company that deals with ecological furniture that was designed and manufactured in Croatia and has reached a level of high environmental and ethical awareness. The aim is to produce an impact on the qualitative improvement of products in the furniture industry, which is based on the use of ecodesign at all stages of production and reduction of emissions of harmful substances and respect for the health and safety of workers and end users. Also, their desire is to establish a Croatian eco-design that is recognizable and that will affect the competitiveness of Croatian products in the world.


1985 ◽  
Vol 3 (1) ◽  
pp. 27-42
Author(s):  
Baruch A. Brody

It seems to me that those who place great value on the right to human freedom can be badly divided on the question of the use of force by states to defend the liberties of those who are not citizens of that particular state. Concerned about the liberties to be defended, they might be enthusiastic supporters of the use of such force by liberty-loving countries throughout the world. Concerned about the liberties that might be violated when the state marshals its forces for use internationally, they might adopt a more isolationist approach to this issue. This paper is an attempt to help clarify this conflict by looking at some of the philosophical issues it raises. Because I wish to avoid factual debates about current conflicts, I will give no real-life examples. However, they are on my mind, and I hope the reader will keep them in mind as well.


2018 ◽  
pp. 178-189
Author(s):  
Grishma Soni ◽  
Prachi V. Motiyani

As we all know that food is the basic Human necessity, without which no one can survive. Making food available for all the people in the world is now days becoming a complex issue. The availability food is decreasing as a result of increase in population that will result in food insecurity or malnutrition. Indian constitution interprets the right to food as part of right to life, which is fundamental human right. Change in climate, the impact of globalization, Global Warming, Carbon dioxide emission from fuel etc. also affects the right to food of many people. This paper examines the situation prevailing in India and looks into the obligations and initiatives by the government of India to ensure Right to Food and make suggestions for addressing the issue and examines the possible way to make the scheme workable to achieve food security.


2020 ◽  
Vol 2 (1) ◽  
pp. 38-51
Author(s):  
Ahmad Fudoli Zaenal Arifin

Criticism is something that must be built in the scientific world. Because, in science there is no such thing as a definite truth. Criticism here to bring it in the right direction. Especially about the story of the past contained in the Qur'an. A story that is explained in it contains truth, lessons and teachings evidently undeniable for all creatures of Allah, for the happiness of the world and the hereafter. This study uses qualitative research in the form of library research, the author uses the approach of the theory of the Qur'an and Interpretation and the theory of Diltheiy thinking and interpretive writing ideas in Indonesia. Meanwhile, the collection of data by means of documentation, namely the book Indonesia Negeri Saba'by Fahmi Basya and also taken from various related sources. Furthermore, the analysis is done by reading and examining Fahmi Basya's understanding writing, which is written in his book. In summary, Fahmi Basya confirmed 14 comparative accounts of Indonesia and Yemen based on the Qur'an and 53 scientific facts which he discovered that Indonesia was the State of Saba'. Fahmi Basya's understanding is very contrary to the commentators at least caused by two problems. Finally, Fahmi Basya wants to prove that the State of Saba 'in the Qur'an in Indonesia. Based on the study of Fahmi Basya's understanding it was found that Fahmi Basya was not an expert in the field of the Qur'an and Tafsir. So, when he understands the Qur'an and reveals the results of his research in the community it needs to be reviewed. Seeing with the scientific viewpoints of the Qur'an, Fahmi Basya's interpretation seems to match his discoveries with the Qur'anic Verses. And forcing all that can be matched look for verses of the Qur'an.


2020 ◽  
pp. 219-233
Author(s):  
Jadwiga Potrzeszcz

In this article it was formulated the thesis on the existence of a natural hu­man right to security, and subsequently the analyse of the issue of the relation­ship between the natural human right to security and security as a constitutional human right. The primary objective of the research was to answer the question whether the natural human right to security influences the existence of security as a human right, guaranteed by positive law, in particular in constitutional law. The above analysis of the provisions of the Polish Constitution proved that the right to security as a constitutional human right was not expressly stated in any of these provisions. Certainly, the formulation of an explicit constitutional human right to security raises concerns about the scope of the citizen’s ability to enforce this right from the state, e.g. by means of a constitutional complaint. Regardless of the difficulties raised, it is worth interpreting the constitution­al human right to security from all the regulations of the Polish Constitution as a function of fundamental rights. In justified individual cases of violations, the constitutional human right to security may be derived from art. 30 of the Pol­ish Constitution, which stipulates that the inherent and inalienable dignity of man is the source of his rights and freedoms.


Illuminatio ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 102-135
Author(s):  
Ferid Muhić

In this article, the author suggestively points to the importance of understanding the concept of nation and the state in the context of the European philosophical thought and practice regarding the nation and the state. Although the occasion is about the Bosniak/Bosnian nation and the Bosnian state, the author’s reflections are applicable to all groups similar to the Bosniak/Bosnain nation, as well as to all the states similar to the Bosnian state. The basic premise of this article is that the idea of a universal nationality, culture and civilisation does not oppose or negate the particular feeling or the subjective experience of either the nationality or the state. The membership of European Union does not detract the right for any nation in Europe of the right to cultivate and develop its national culture as well as its particular state consciousness. In fact, in the extent of which every nation and every state in Europe has an active awareness of its national and cultural specific value, gives Europe, indeed – the European Union strong and important role in the global community. Hence, the Bosniaks/Bosnians, both as a nation and a state (nation) have no need to withdraw, but rather have the historical opportunity to feature their specific Bosnian culture and Bosnian state as a richness worthy of appreciation, not only in Europe, but also in the world. 


2020 ◽  
Vol 4 (2) ◽  
pp. 158-181
Author(s):  
I Made Suharta

Anak-anak di dunia ini sangat membutuhkan bimbingan dari orang tua yang dilakukan dengan adanya rasa kasih sayang dari keluarga terutama bimbingan dari orang tua.  Dengan bimbingan dan kasih sayang yang sepatutnya, seorang anak akan bertumbuh menjadi suatu kesukaan bagi orang tua, berkat bagi dunia, dan terang bercahaya bagi Allah. Pengaruh keluarga atau pun juga guru yang mengajar mereka di sekolah bagi perkembangan anak sangatlah besar. Karena guru juga merupakan tempat utama bagi pembentukan karakter, watak, dan kepribadian anak di sekolah. Dengan bantuan dan dorongan dari keluarga, teman-teman, dan anggota-anggota keluarga besar, anak-anak seharusnya merasakan masa kanak-kanak sebagai suatu masa untuk menemukan pribadi seperti yang telah dikehendaki oleh Tuhan. Namun keadaan dunia ini tidaklah selalu sesuai dengan yang diharapkan. Dunia saat ini memberikan kepada anak-anak kemudahan-kemudahan untuk melakukan sesuatu yang tidak sesuai dengan yang diajarkan dalam keluarga begitu juga dengan lingkungan sangat mempengaruhi pembentukan pola-pola kepribadian maupun pola-pola sikapnya. Ketika orang tua tidak memberikan kasih sayang kepada anak sejak kecil yang seharusnya diterima oleh anak dan ketika orang tua gagal memberikan kasih sayang kepada anak, maka anak tidak dapat bertumbuh dengan baik dan di sekolah pun anak tidak aktif dalam mengikuti pengajaran. Hal yang lainnya ialah, mereka bertumbuh menjadi anak-anak yang pemalu dan takut untuk tampil didepan umum, juga kurang percaya diri, menganggap diri kurang mampu, tidak hanya di sekolah namun di lingkungan juga.  Peristiwa lainnya ialah ketika orang tua tidak terlalu mementingkan pertumbuhan anak, maka akan membuat anak sulit mengikuti pengajaran yang baik di sekolah. Kasus-kasus di atas, adalah akibat kurangnya pastoral konseling terhadap anak pada usia 5-12 tahun sehingga berdampak pembentukan karakter dan emosi yang kurang baik. Oleh sebab itu guru diharapkan mampu untuk mengerti pastoral konseling dengan benar dan menjalankannya didalam pengajaran tiap-tiap hari yang dilakukan seorang guru di sekolah, karena pastoral konseling terhadap anak yang benar akan mempengaruhi kecerdasan anak dan anak dapat merasakan kasih sayang atau perhatian yang seharusnya mereka dapatkan dari orang tua.   Children in this world really need guidance from parents which is done with the love of family, especially guidance from parents. With proper guidance and affection, a child will grow into a joy for parents, a blessing to the world, and a bright light for God. The influence of the family or also the teacher who teaches them at school for children's development is very large. Because the teacher is also the main place for the formation of character, character, and personality of children in school. With the help and encouragement from family, friends, and members of extended families, children should feel childhood as a time to find the person who is desired by God. But the state of this world is not always as expected. Today's world gives children the ease of doing things that are not in accordance with what is taught in the family as well as the environment greatly influencing the formation of personality patterns and patterns of attitude. When parents do not give love to children since childhood which should be accepted by children and when parents fail to give love to children, then the child cannot grow properly and even in school the child is not active in following teaching. The other thing is, they grow up to be shy children who are afraid to appear in public, also lack of confidence, consider themselves less capable, not only in school but also in the environment. Other events are when parents are not too concerned with the child's growth, it will make it difficult for children to follow good teaching in school. The cases above, are due to the lack of pastoral counseling of children at the age of 5-12 years, which results in the formation of character and emotions that are not good. Therefore teachers are expected to be able to understand pastoral counseling correctly and carry it out in teaching every day that is done by a teacher at school, because pastoral counseling to the right child will affect the intelligence of children and children can feel the love or attention they should get from parents.


2019 ◽  
Vol 7 (2) ◽  
pp. 136-150
Author(s):  
Wina Puspita Sari ◽  
Casa Bilqis Savitri

The 16 Days Against Women Violence Campaign is a campaign to encourage liberation struggles against women throughout the world. As a national human right in Indonesia. This campaign has been carried out since 2003 and is routinely carried out every period with a 16-day campaign set in November. Problems in the 16-Day Campaign Against Violence Against Women, this campaign has been running for 15 years, but this is not directly proportional to the protected numbers against women has increased over the past three years. The main theory in this research is campaign theory using Nowak & Warneryd's campaign model. The method used is a descriptive qualitative research method that looks for facts with the right interpretation. Descriptive research on problems in society, views, and processes - ongoing parts and effects of phenomena. Komnas Perempuan is still too broad in setting its campaign targets, as well as a lot of messages to be conveyed. the extent of challenging the campaign audience makes KOMNAS Perempuan against barriers ranging from language and culture, there is a GAP about knowledge of challenges, to obstacles in choosing what campaign techniques to use. In the 16 Days Anti Violence against Women campaign, KOMNAS Perempuan chose to generalize the message to be conveyed, accepting their own challenges, which made the objectives of the 16 Days Anti Violence Against Women Campaign unsuccessful. Keywords:  Campaign, KOMNAS Perempuan, Violence


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