Toward the Charter: Canadians and the Demand for a National Bill of Rights, 1929-1960

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

Download Full-text

Do We Really Believe in the Bill of Rights?

Social Problems ◽

10.1525/sp.1956.3.4.03a00080 ◽

1956 ◽

Vol 3 (4) ◽

pp. 264-269 ◽

Cited By ~ 1

Author(s):

Raymond W. Mack

Keyword(s):

Bill Of Rights

Download Full-text

Political Education and Bill of Rights(1689) - Centered on the implication for the teaching about constitutionalism

The Journal of Political Science & Communication ◽

10.15617/psc.2016.10.19.3.1 ◽

2016 ◽

Vol 19 (3) ◽

pp. 1

Author(s):

Jo il Cha

Keyword(s):

Political Education ◽

Bill Of Rights

Download Full-text

Foreigners' Rights to Work and Fair Labour Practices in South Africa: A Review of the South African Labour Legislation and Jurisprudence

Southern African Public Law ◽

10.25159/2522-6800/5093 ◽

2020 ◽

Vol 35 (1) ◽

Author(s):

Andre Mangu

Keyword(s):

South Africa ◽

Human Rights ◽

South African ◽

Bill Of Rights ◽

The South ◽

Legislation And Jurisprudence ◽

Foreign Nationals ◽

Lay Persons ◽

Democratic State ◽

Labour Legislation

After several decades of apartheid rule, which denied human rights to the majority of the population on the ground of race and came to be regarded as a crime against humanity, South Africa adopted its first democratic Constitution in the early 1990s. The 1996 Constitution, which succeeded the 1993 interim Constitution, is considered one of the most progressive in the world. In its founding provisions, it states that South Africa is a democratic state founded on human dignity, the achievement of equality, the advancement of human rights and freedoms. The Constitution enshrines fundamental human rights in a justiciable Bill of Rights as a cornerstone of democracy. Unfortunately, in the eyes of a number of politicians, officials and lay-persons, the rights in the Bill of Rights accrue to South African citizens only. Xenophobia, which has been rampant since the end of apartheid, seems to support the idea that foreigners should not enjoy these rights. Foreign nationals have often been accused of posing a threat to South African citizens with regard to employment opportunities. In light of the South African legislation and jurisprudence, this article affirms the position of the South African labour law that foreign nationals are indeed protected by the Constitution and entitled to rights in the Bill of Rights, including the rights to work and fair labour practices.

Download Full-text

Ummah’s Rights or Human Rights? Universalism, Individualism, and Islamic Ethics in the Twenty-first Century

American Journal of Islamic Social Sciences ◽

10.35632/ajiss.v27i3.362 ◽

2010 ◽

Vol 27 (3) ◽

pp. 1-23 ◽

Cited By ~ 2

Author(s):

Marie-Luisa Frick

Keyword(s):

Human Rights ◽

First Century ◽

The Other ◽

Moral Code ◽

Bill Of Rights ◽

Islamic Ethics ◽

Specific Content ◽

Societal Needs ◽

The One ◽

The Individual

Against the background of the trend of Islamizing human rights on the one hand, as well as increasing skepticism about the compatibility of Islam and human rights on the other, I intend to analyze the potential of Islamic ethics to meet the requirements for vitalizing the idea of human rights. I will argue that the compatibility of Islam and human rights cannot be determined merely on the basis of comparing the specific content of the Islamic moral code(s) with the rights stipulated in the International Bill of Rights, but by scanning (different conceptions of) Islamic ethics for the two indispensable formal prerequisites of any human rights conception: the principle of universalism (i.e., normative equality) and individualism (i.e., the individual enjoyment of rights). In contrast to many contemporary (political) attempts to reconcile Islam and human rights due to urgent (global) societal needs, this contribution is solely committed to philosophical reasoning. Its guiding questions are “What are the conditions for deriving both universalism and individualism from Islamic ethics?” and “What axiological axioms have to be faded out or reorganized hierarchically in return?”

Download Full-text