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1.
Nigerian Police is charged with the responsibility of upholding the law and ensuring order is kept within the polity. It is however observed that the police in carrying out its functions constantly abuses the rights of the citizens which are considered as natural rights and very fundamental to every human existence. This study aims at examining the roles of the police in Nigeria and the various ways and the rights of citizens are being encroached upon by the said police. The legal standards prescribed for the operations of Nigerian police are measured against the international standards as a parameter in order to determine the weak points of the Nigerian standards. Suggestions are therefore made on how Nigerian police can be more humane in carrying out its functions.  相似文献   

2.
Equal rights to work between men and women are recognized as fundamental human rights by many international conventions including the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and the International Covenant on Economic, Social and Cultural Rights. Also, constitutions of many countries recognize equal rights to work as basic constitutional rights. But women all over the world still face numerous kinds of sex discrimination, including direct sex discrimination and indirect sex discrimination, especially in working life. Indirect sex discrimination against women in working life undermines women's equal rights to work in a covert way, which is just as harmful as direct sex discrimination and should be prohibited by law.  相似文献   

3.
Since the beginning of the "war" on terror, governments have implemented counter-terrorism laws and policies, in breach of their obligations under international human rights law, on account of the necessity to protect democracy against its enemies. Reliance on the human rights discourse in order to justify the violations committed renders it difficult to criticise these drawbacks without rethinking the concepts of rights and democracy and reformulating them. The present article attempts to answer this challenge along the lines of the reconstruction of the notions of liberal democracy as the rule of law and liberty, and human rights as spheres of individual sovereignty.  相似文献   

4.
Customary law is often criticized for being in conflict with human rights norms, mainly on the grounds that it tends not to emphasize gender equality and discriminate against women. Although customary law has not in the past emphasized equality between men and women, it cannot be regarded as completely in conflict with human rights1. As already stated, one of the principles of human rights is equality between the sexes. Customary law has the same aim as human rights, which is the protection of human dignity2. The conflict may be largely caused by the fact that, ideologically, African customary law is communal or socialist in approach, whereas human rights are based on the premise that a person has rights by virtue of his or her being an individual human being. Now that we in South Africa have a bill of rights and yet we will still have customary law, the question has been and is still being posed whether customary law is not in conflict with universal human rights. The reason for this is that one of the values that underpin our Constitution is equality.3 Customary law on the other hand does not insist on complete equality in every respect. In particular section 9 of the 1996 Constitution provides for equality before the law and for equal protection and benefit of the law, which entails the full and equal enjoyment of all the rights and freedoms. It further proscribes unfair discrimination based on the listed grounds although it allows steps to promote or advance people or categories of persons who have been disadvantaged by unfair discrimination.  相似文献   

5.
The philosophy of binary purpose in conjunction with a holistic approach reflects sustainable development.These ideas are in accordance with Chinese traditional philosophy and culture,as well as the contemporary economic and social development.It calls for the central government's support to achieve sustainable development at the initial stage.However,in the long run,this approach has drawbacks which are concealed Thus,prompt adjustment is needed.In the relationship between the systems of sustainable development and democracy,human rights,sovereign equality of states,and sustainable development are approbated by the Chinese law system.The bottleneck of sustainable development is linked to its ideological system.Integration is related to the bottleneck of binary purposes,good governance,public participation,and human rights.The government-oriented mechanism has a time element that is related to the bottleneck of utilitarianism and basic economic law.For China's sustainable development,breaking the bottleneck to improve the system and seizing the opportunity to make innovations are of great significance.  相似文献   

6.
This paper investigates the role of informal groups, such as "Contact Group", in modem-day practice of conflict prevention, mediation, and settlement. It further aims to examine the legal status of this ad hoc grouping of states under international law, analyzing the Contact Group's involvement and operation in cases of Namibia (formerly South West Africa), Bosnia and Herzegovina, and Kosovo. This empirical survey is instrumental to delimit and define the relationship that is created between formal and informal processes and institutions at the planetary level, as a result of the emergence and proliferation of informal ad hoc groupings of states. The bases of authority, political effectiveness, and the place and position of the Contact Group within the existing UN system of collective security are used to understand the rationale behind the formation and existence, as well as contribution and utility of such informal structures.  相似文献   

7.
In the international law of the sea, the emergence of new actors and systems influencing relations between states has lead to evolving rules and calls for the redefinition of the traditional issues such the allocation of jurisdiction and rights to states in its maritime zones. In the maritime domain, this is seen thrice in the evolution of the various maritime zones in the United Nations Conferences for the Law of the Sea (UNCLOS I, II and III). In the maritime domain, there are certain actions that are not dependent on any state's consent. One of such is the rule of freedom of navigation. This paper, argues for the possibilities of concomitance between international law and studies in international society based on the growing recognition of the importance of examining the sociological and historical element in rule development. This paper focuses on a rule in the international law of the sea with the aim of determining the extent to which norms have caused changes in rule development, if any. This method, known as the English School method of international relations, acknowledges the benefits of international law positivism in highlighting generality with the benefits of a normative discourse in highlighting alternatives and the utility of compliance. So, although the maritime domain is rooted in a state system, one where the parts interact as a whole, a branching-out analysis towards the normative discourse in the development of this rule will facilitate more understanding, as the case-specificity of most issues in the maritime domain cannot be overemphasised.  相似文献   

8.
9.
Just as human rights advocates have tended to place only civil and political rights onto their agendas, environmentalists have tended to focus primarily on natural resource preservation without addressing human impacts of environment abuse. As a result, victims of environment degradation are unprotected by the laws and mechanisms established to address human rights abuse. This paper will offer a brief comparative analysis of the United States' environment policy and a case of ASEAN implanting the concept of environmental right; discuss the traditional knowledge of indigenous population and its impact upon the environment protection; and at last recommend a model system used in China in linking cultural diversity and environmental right.  相似文献   

10.
Although environmental law is a relatively a new field of scholarship in South Africa, it is growing rapidly. The right to access to social security including environmental rights is found in the South African Bill of Rights, is being amplified by legislative and constitutional reforms, and developing case law in the courts. There is therefore a clear need to increase the understanding of the discipline through systematic research and teaching at various levels.1 The notion of including an “environmental right” in a domestic constitution is not novel in Africa. Most African countries have incorporated a constitutional provision that ensures the right to a healthy environment. Most of the problems that exist with environmental rights under the international and regional systems are absent under the domestic South African system. The way in which environmental rights have been formulated in international instruments, section 24 of the South African Constitution has been framed as an individual right and not as a collective one. Environmental degradation often affects groups of people and it could consequently argue that the right should protect groups and not just individuals.2  相似文献   

11.
The role, which the higher training institutes (universities) played under the totalitarian communist regime, maintaining and developing the idea of human rights, can hardly be overestimated. In non-democratic political .systems, the human rights——understood as certain fundamental and inalienable rights each human being is vested in---have always been regarded as a threat to the existing legal and social order. It is for that very reason that the promotion of human rights under the totalitarian systems is either forbidden or greatly limited.  相似文献   

12.
The legal reform of the late Qing Dynasty that took place more than one hundred years ago has usually been considered as the starting point of the transformation and modernization of Chinese legal culture. Following that, both the Republic of China's legal system, and the Chinese legal system drawing on Western experience since the opening-up, have been (to a large extent) developed by the purpose of pursuing modemity. Hence, the relationship between modernity and Chinese legal culture is the crucial point in understanding the development of Chinese legal system in modem times, and also a point in comprehending the ongoing legal system construction in a global perspective.  相似文献   

13.
Violations of human rights and genocide in Burundi are among the most contentious issues which continue to attract the attention of academic discourse. This paper is concerned with the question of human rights violations in Burundi from a historical and comparative perspective. It seeks to trace the root causes of Burundi's sullied human rights record over 52 years since independence from Belgium in 1962, the role of the military in human rights violations, including mass killings of civilians and extra-judicial executions of political opponents and the fact that the post- conflict constitutional architecture has not succeeded in establishing accountability and responsibility for these violations; in providing truth, justice and reparations to the victims and in putting an end to the culture of impunity which seems to be entrenched in Burundian society. Moreover, by analyzing critically the results from interviewing 113 Burundians and 16 non-Burundians, this paper argues that there will be no political stability enduring peace without addressing these issues in a comprehensive manner.  相似文献   

14.
Prison is one of the main and important agencies which involves in the criminal justice process. Offenders who are sentenced to imprisonment are sent to this institution for rehabilitation. The main objective of the prison institution is to rehabilitate prisoners thereby helping them to understand what was wrong with their behaviors and helping them to become productive citizens in the future after releasing from prison. In order to achieve this task, the prison system should take necessary steps to conduct an effective rehabilitation process during the imprisonment period and to ensure the protection of their human rights. The present situation in prisons, the increasing rate of the reconvicted and the recidivism demonstrate that the prison system in Sri Lanka is not able to successfully reach its main goal that of the adequate rehabilitation of offenders and sufficient protection of their rights. This paper focuses on an effective prison rehabilitation system for Sri Lanka through the protection of rights of prisoners. To reach this goal, the role and the importance of the concept of rehabilitation as a main objective of punishment, present international regional and national laws relating to the rights of the prisoner, existing prison system in Sri Lanka, the current problems in our prison system and reasons for the problems are discussed. Furthermore, the initiatives and the measures that could be taken for an effective prison rehabilitation system in Sri Lanka and the role of the public and privates institutions in this regard are also considered.  相似文献   

15.
The right to a free and fair trial is one of the most basic human fights afforded to mankind. In South Africa, prior to 1994, this right was afforded to accused persons by common law only. The criminal justice system in South Africa however has been changing radically since 1994 due to the inception of first the Interim Constitution and later the Constitution of the Republic of South Africa, 1996. South Africa has a history of human rights abuses-also with regard to criminal trials. The right to a fair trial is now constitutionally enshrined and protected by the Bill of Rights. As a result thereof the application of this right by the South African courts has also changed and what would have passed muster in this regard prior to 1994 would not necessarily do so now. This paper seeks to explain what the right to a fair criminal trial in a democratic South Africa entails with reference to South Africa's international obligations in this regard as well as the provisions of the South African Constitution and case law.  相似文献   

16.
Casualisation is a new form of work arrangement occasioned by globalisation and trade liberalisation. This development was facilitated by the technological improvements in communication and information technology. Scholars have attributed the shift from standard work arrangements to nonstandard work arrangements to the fact that employers use it to avoid the mandates and costs associated with labour laws which are designed to protect permanent employees. Casualisation became a feature of Nigerian labour market in the late 1980's and is traceable to the adoption of the Structural Adjustment Programme in line with the neoliberal policies prescribed by the International Monetary Fund and the World Bank. One of the effects of this policy was the retrenchment of workers in the public sector which created large scale unemployment. However, the private sector which was to be strengthened by government policies to absorb these workers could not absorb all the retrenched workers from the public sector. Therefore, many of them were employed as casual and contract workers with low remuneration, limited benefits and lack of right to organise. This development led to a 'race to the bottom' of labour standards. This paper seeks to examine the adequacy of labour laws governing trade unionism in Nigeria in ensuring the right of nonstandard workers to freedom of association, as well as their conformity to international labour standards. It is argued that Nigerian labour laws are inadequate and need to be reformed in order to give protection to casual and contract workers in many sectors of the economy and to guarantee their right to unionise in order to enable them improve their rights at works.  相似文献   

17.
18.
The short tandem repeat (STR) markers are widely used in human identification and paternity testing in the field of forensic geneticsm. Recent re- searches on polymorphic STRs have led to their applications to population genetics, forensic DNA database, human individual identification, paternity testing, genetic mapping, disease linkage analysis, archaeology and potential inference of the ethnic o- rigin of an individual.  相似文献   

19.
On November 24, 2013, Egypt's signed into law - the Public Protest interim President Adly Mansour Law after it was proposed by the interim government, and soon it became the main concern in Egypt due to claim that after the ousting of President Mohamed Morsi and of the Muslim Brotherhood, the country is currently ruled by a military-backed government that seeks to restrict freedom and rights in order to introduce a new authoritarian-military rule. The government promoted the law by arguing that it aims to maintain stability and security in Egypt's streets and that it only targets factional protest movements and saboteurs. Nevertheless, the law has been widely criticized by human rights groups as well as rights and political activists who say it restricts freedom of speech and that it is an attempt to completely ban the right to protest, not to regulate it as the government claims.  相似文献   

20.
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