scholarly journals Prisoners’ Conjugal Visitation Rights in India: Changing Perspectives

1970 ◽  
Vol 4 (2) ◽  
pp. 73-88
Author(s):  
Singh Anamika ◽  
Dasgupta Anupal

Right of conjugal visitation remains an old debate which has resurged recently with the Jasvir Singh decision of the Punjab and Haryana High Court. The international community is divided over the boons and banes of such a benefit being extended to convicts. Some construe it as a privilege; the recent trends argue that the same is an extension of our basic human rights, constitutionally enshrined as being inherently ‘fundamental’ and hence sacrosanct. With the modern penal systems across the globe embracing the Reformative Theory of punishment, the idea that a criminal is a product of the social, economic and environmental conditions is increasingly gaining acceptance. By that logic, a better way to humanize the social ecology within the four walls of the prison and to reform that individual is by allowing conjugal visitation. The article is primarily a stakeholder analysis of the problem, the key stakeholders being the prisoner, his/her spouse, the correctional department and the society. It will further discuss the possible benefits and the setbacks of conjugal visitation, the varied international stance and India’s take on the issue in light of the Jasvir Singh judgement. Finally, a determination will be attempted as to whether such a correctional provision is a right arising out of a broad interpretation of Article 21 of our Constitution.

2021 ◽  
Vol 27 ◽  
pp. 514-543
Author(s):  
HIBA KAREEM ◽  

The issue of empowering women has been and still is the preoccupation of various humanitarian organizations, especially human rights organizations. Regarding the issue of human rights in Iraq, it is extremely difficult, because of the exceptional circumstances ordered by Iraq, which made it an arena for human rights violations. Vulnerable groups, they are more affected by the surrounding circumstances, such as violence, displacement, terrorism, displacement, widowhood, and others ... especially with regard to measures to empower women, because what women suffer in our society is a heap of discriminatory traditional culture against them and their lack of awareness of themselves and Their legitimate rights, in addition to weak government policies, and the lack of resources and opportunities, and herein lies the problem. The importance of the research stems from the importance of the role of women in society and the social, economic, health and political dimensions that this role represents, and the extent of its impact on the development process in Iraq. As for its objectives, it is to stand on the role of human rights organizations in empowering women in all social, economic, political and health fields, from which we have deduced most of them marginalization and discrimination on the basis of gender, and then we proposed some enabling measures, hoping through them to integrate women in all levels of development . Key words : role, organizations, human rights, empowerment, women .


2021 ◽  
pp. 25-29
Author(s):  
Paola Inverardi

AbstractAutonomous systems make decisions independently or on behalf of the user. This will happen more and more in the future, with the widespread use of AI technologies in the fabric of the society that impacts on the social, economic, and political sphere. Automating services and processes inevitably impacts on the users’ prerogatives and puts at danger their autonomy and privacy. From a societal point of view, it is crucial to understand which is the space of autonomy that a system can exercise without compromising laws and human rights. Following the European Group on Ethics in Science and New Technologies 2018 recommendation, the chapter addresses the problem of preserving the value of human dignity in the context of the digital society, understood as the recognition that a person is worthy of respect in her interaction with autonomous technologies. A person must be able to exercise control on information about herself and on the decisions that autonomous systems make on her behalf.


2014 ◽  
Vol 60 (1) ◽  
pp. 127-172 ◽  
Author(s):  
Joel Colón-Ríos

This article provides a justification for the exercise of universal jurisdiction in cases of serious environmental damage. This justification rests in important ways on the theory of constituent power. The theory of constituent power has an intergenerational component that requires the protection of the environmental conditions that allow future generations to engage in constitution-making episodes. This article maintains that, by virtue of the connections between constituent power, the right to self-determination, and state sovereignty, the justification for the exercise of universal jurisdiction for serious environmental damage is at least as compelling as the justification for its exercise with respect to egregious human rights infringements. In those scenarios, courts exercising universal jurisdiction would be acting to protect the ability of present and future peoples to participate in the constitution and reconstitution of the states that make up the international community. Such a jurisdiction would rest on the authority of humanity as a whole rather than on that of any state or people.


2016 ◽  
Vol 28 (43) ◽  
pp. 99
Author(s):  
Leno Francisco Danner

Beginning with the Jürgen Habermas’ reconstruction of a normative model of European cultural modernity as basis to a contemporary notion of epistemological-moral universalism as condition to critic, to integration and to intervention, which leads to the affirmation that democracy and human rights represent the modernity’s fundamental legacy, I will discuss that such theoretical reconstruction only can be possible from a historical-sociological blindness which is based on the separation between a normative notion of European cultural modernity and the Realpolitik of colonialism – just from this theoretical-political standpoint it is possible to sustain a universalistic normative paradigm which is capable to ground the criticism, the integration and the intervention of all social-cultural contexts, which means that modern culture and normativism can serve as medium and guide of all particular cultures, at least in a strong way. Against that optimistic role of the Habermasian normative model of European cultural modernity, I will argue that democracy and human rights as modernity’s legacy have basically two tasks in the contemporary Realpolitik: first, to restrain the modernity’s totalizing tendency to rationalization and to globalization, i.e. its movement of assimilation of all cultures and societies in a model of epistemological, cultural and economic universalism; and to ground an international institutional politics based on the social-economic reparation for the colonialism, which implies in a universalistic extension of the social rights to all people in the world (for example, the Philippe van Parijs’ idea of basic income).


2019 ◽  
Author(s):  
Muh Sholeh

Globalization encourages the acceleration of the exchange of cultural, social, economic, political, educational and other components that will have implications for the social order. These challenges must be answered learners through the strengthening of science and technology and the strengthening of social competence. Learners should have a social intelligence that has sensitivity to environmental conditions and in the ability of cooperation. Social intelligence from a geographical perspective directed at the growing awareness and social skills that are aligned with the goal of subjects geography, such as displaying the behavior of care for the environment and use natural resources wisely and tolerance for cultural diversity. To develop social intelligence in a geography lesson can be implemented through cooperative learning and other learning that encourages students to develop social intelligence.Keywords: Social Intelligence, Lessons Geography, Global Challenges


2020 ◽  
Vol 13 (1) ◽  
pp. 19
Author(s):  
Amali Kartika Karawita

Piracy in Somalia is a phenomenon which has presented many issues and challenges for the international community since the beginning of the 21stcentury. The objective of the paper is to discuss the roots of this phenomenon in Somalia and the response given by the international community to reduce the threat. Effectively formulating a plan of action against piracy requires the willingness of the international community to work together by implementing not only strong multilateral operations and joint cooperation between countries but also to understand the social and economic difficulties faced by Somalia which has given rise to the endemic phenomenon and its expansion in the region. Eradicating piracy means tackling the issue on land by confronting Somalia’s extreme poverty and lack of economic opportunity and creating a comprehensive legal framework which will serve as a model to fight piracy. The objective of the present paper is to discuss the roots of piracy in Somalia and the cycle it created and provide an analysis on the legal framework in place to judge of its effectiveness on a international level. The method applied to lead this research is based on the analysis of reports from international bodies such as the UN, ICC as well as academic articles. The results have shown that piracy is the fruit of social, economic and political issues which have enabled the phenomenon to spread and established itself in the country. If at the beginning the regime regarding piracy lacked effectiveness, today the different initiatives and international cooperation have helped reducing the number of attacks in the region.


2020 ◽  
Vol 9 (01) ◽  
Author(s):  
León Felipe Morales Ariza ◽  
José Antonio Morales Notario

The Mexican Constitution establishes that everyone has the right to health protection and therefore, the law itself will define the bases and modalities for all to have access to health services. However, not everyone has access to quality medical services despite being in the supreme regulation. The State must understand that any alteration to health generates social security problems, mainly due to its consequences. The right to health is inalienable and does not distinguish between the social, economic, cultural or racial status of the individual. And, by stablishing it as a constitutional regulation, it amounted to an obligation of the State, which must provide quality services for all the society.  There are cases in which the right to health is violated, such as obstetrics, where pregnant women suffer the consequences of bad practices, or where minors are involved and their human rights are violated. We must focus our attention in the fact that their neglect has serious consequences and their impact generates human conditions that affect the dignity of the human being.


2019 ◽  
Vol 23 (2) ◽  
pp. 102
Author(s):  
Amali Kartika Karawita

Piracy in Somalia is a phenomenon that has presented several challenges for the international community since the beginning of the 21st century. Effectively formulating a plan of action against piracy requires the willingness of the international community to work together by implementing strong multilateral operations between countries and understanding the social and economic difficulties faced by Somalia, which has given rise to the endemic and its expansion throughout the region. Eradicating piracy means tackling the issue on land by confronting Somalia’s extreme poverty and lack of economic opportunity as well as creating a comprehensive legal framework that will serve as a model to fight piracy. The objective of the present paper is to discuss the roots of piracy in Somalia and the cycle it created, as well as provide an analysis on the legal framework in place in order to judge its effectiveness on an international level. The method applied to lead this research is based on the analysis of reports from international bodies such as the UN and the ICC, as well as academic articles. The results have shown that piracy is the fruit of social, economic, and political issues that have enabled the phenomenon to spread and establish itself in the country.


2013 ◽  
Vol 7 (1) ◽  
pp. 15-29
Author(s):  
Abida Parveen

Islam opened the ideas of equality of mankind, human dignity, divine unity and religious tolerance, thereby allowing people to participate in the social, economic, spiritual and intellectual fields. Islam affirms faith in fundamental human rights, in the dignity and worth of the human persons in the equal rights of men and women. This article spells out the meaning of equality and how it can be achieved. Islam give special status to human rights. The concept of human rights with special reference to women rights have been discussed in the light of Khutbatul Hajatul Wida the last message of Prophet (Muhammad Peace be upon him) The Khutaba is the charter of human rights, which give protection to women. The article also describes the communication strategies and sets the role of media in achieving the women's rights in accordance with Qur'an and Sunnah. The means of communication in a society usually reflect the economic, social, political and religions conditions of the society. The communication means to motivate directly. To discharge these functions effectively in Islamic world or community and to achieve human rights, the communication means should have a clear perception about broader Islamic objectives which guide their day to day work.


2019 ◽  
Vol 46 (46) ◽  
pp. 85-102
Author(s):  
James J. Gregory ◽  
Jayne M. Rogerson

AbstractResearch concerning studentification is growing in importance. The supply of private student accommodation forms part of the wider urban process of studentification which documents changes in the social, economic and cultural fabric of cities. Although scholarly interest concerning the supply of private student accommodation has enjoyed sustained interest in the global North, only limited work is available surrounding the supply and demand for private student accommodation in global South urban centres. In South Africa there has been growing recognition of the impact of the studentification that has accompanied the massification of tertiary education in the post-apartheid period. Using interviews with key stakeholders, suppliers of student accommodation, as well as focus groups with students, this paper explores the supply of houses in multiple occupation and students’ perspectives on such properties in Johannesburg, South Africa. One distinctive influence upon the studentification process in South Africa is the impact of the national government funding system which was restructured in order to support the tertiary education of students from previously disadvantaged communities.


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