To bribe or not to bribe: human rights issues that should factor into decision making process

2018 ◽  
Vol 9 (1) ◽  
pp. 133-152
Author(s):  
Alan Franklin
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Decision Making Process ◽  
Rights Issues

The implications of the decision in Helen Suzman Foundation v Judicial Service Commission 2018 (7) BCLR 763 (CC) 8 on the functioning of the South African Judicial Service Commission

2020 ◽  
Vol 24 ◽  
Author(s):  
Nomthandazo Ntlama
Keyword(s):  
South Africa ◽  
Decision Making ◽  
Human Rights ◽  
South African ◽  
Rule Of Law ◽  
Decision Making Process ◽  
Constitutional Court ◽  
Service Commission ◽  
Insight Into ◽  
Future Management

ABSTRACT The article examines the implications of the judgment of the Constitutional Court in Helen Suzman Foundation v Judicial Service Commission 2018 (7) BCLR 763 (CC) 8 on the functioning of the Judicial Service Commission (JSC). The judgment has brought to the fore a new lease of life relating to the JSC's post-interview deliberations as a disclosable record in terms of Rule 53(1)(b) of the Uniform Rules of Court. The disclosure seeks to provide an insight into the decision-making process of the JSC in the appointment of judicial officers in South Africa. It is argued that the judgment is two-pronged: first, the disclosure of the post-interview record enhances the culture of justification for decisions taken, which advances the foundational values of the new democratic dispensation; secondly, it creates uncertainty about the future management and protection of the JSC processes in the undertaking of robust debates on the post-interview deliberations. It then questions whether the JSC members will be privileged in their engagement with the suitability of the candidates to be recommended for appointment by the President. The question is raised against the uncertainty about which decision of the JSC will be challenged that will need the disclosure of the record because the judgment does not entail the national disclosure of the record in respect of each candidate but applies only when there is an application for review of the JSC decision. Key words: Judicial Service Commission, appointments, discretion, judiciary, independence, rule of law, discretion, accountability, transparency, human rights.

scholarly journals INTRODUCTION OF THE INSTITUTION OF PREVIOUSLY EXPRESSED WISHES REGARDING MEDICAL INTERVENTIONS IN MEDICAL LAW OF UKRAINE: STATE AND PROSPECTS

2021 ◽  
Vol 1 (15) ◽  
pp. 58-65
Author(s):  
G.V. Puchkova ◽  
L.P. Bohutska
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Medical Care ◽  
Comparative Method ◽  
Legal Regulation ◽  
Medical Intervention ◽  
Decision Making Process ◽  
Medical Law ◽  
Human Right ◽  
The Right

The aim. The aim of the article is to study the implementation of the principle of autonomy in the medical law of Ukraine, to determine the compliance of the medical legislation of Ukraine with the specified principle in terms of the exercising of the human right to express wishes for the provision of medical care in the future in case if a patient cannot personally express such wishes. Materials and methods. The authors have studied the European standards and practice of the European Court of Human Rights regarding the right of a person to participate in the decision-making process on the provision of medical care, scientific works of specialists in the field of medical law, dedicated to the patient's right to informed consent to medical intervention, the right to refuse treatment and ethical standards of legal regulation of relations with the participation of patients using the formal-logical method, the method of structural analysis, comparative method and legal modeling. Results. The study has found that there are gaps in the normative regulation of the patient's right to participate in the decision-making process in the provision of medical care, which carries a potential danger of violating the right to respect for private and family life, guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. Conclusions. It is proposed to eliminate these gaps by ratifying the Oviedo Convention by Ukraine, implementation of the institution of previously expressed wishes in the national legislation, determining the mechanism for drawing up, changing and revoking previously expressed medical directives, the designation an authorized person in case a patient is unable to independently express his or her own wishes for the provision of medical care taking into account the European experience, cultural characteristics of Ukrainian society, the state of functioning of the institutional and legal systems and the level of development of biology and medicine.

The State and Genocide

2012 ◽  
Author(s):  
Anton Weiss‐Wendt
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Political Parties ◽  
The State ◽  
Modern State ◽  
Decision Making Process ◽  
Mass Violence ◽  
Original Source ◽  
Chain Of Command ◽  
State Agents

This article explores the connection between the state and genocide. It argues that no form of mass violence, and least of all genocide, erupts spontaneously. It requires premeditation, usually by a government with a record of gross human rights violations. Indeed, the discussion contends that genocide is intricately linked to the idea of the modern state, despite a body of scholarship that questions that link. Non-state agents such as radical political parties or armed militias are usually incorporated into the governing structure and therefore rarely perform on their own. The state may deliberately use them as proxies to obscure the decision-making process and thus to shift responsibility for the crimes committed. Even though the ruling body may not always emphasize state interests in genocide, the painstaking reconstruction of the chain of command, where possible, inevitably points to the upper echelons of power as the original source of mass violence.

Galle Toubaaco before the Programme

2018 ◽  
Author(s):  
Ben Cislaghi
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Social Norms ◽  
Rural Community ◽  
Gender Relations ◽  
Decision Making Process ◽  
Community Members

Chapter 4 pictures the rural community of Galle Toubaaco before the Tostan programme. It looks at three aspects of community members’ life that are tracked throughout the HRE part of their participation in the Tostan program. This chapter examines in particular how community members constructed gender relations, made decisions or had access to the decision-making process, and fulfilled roles available to them. It also uncovers existing social norms before the programme began, showing that some human-rights-inconsistent norms and practices were in place and offering an analysis of the reasons for it.

9. Bias, Impartiality, and Independence

2016 ◽  
Author(s):  
Mark Elliott ◽  
Jason Varuhas
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Decision Maker ◽  
Procedural Fairness ◽  
European Convention ◽  
The Political ◽  
Decision Making Process ◽  
Financial Interest ◽  
Political Dimensions

This chapter examines the notions of impartiality (and bias) and independence. It first provides an overview of the scope and rationale of the rule against bias before discussing the connection between impartiality and procedural fairness. It then reviews the ‘automatic disqualification rule’ by which a decision-maker can be disqualified if he/she has a sufficient financial interest in the outcome of the decision-making process. It also explores the apprehension of bias and the ‘fair-minded observer rule’, along with the political dimensions of the rule against bias. Finally, it considers Article 6 of the European Convention on Human Rights in an administrative context and when Article 6(1) applies to administrative decision-making. A number of relevant cases are cited throughout the chapter, including R v. Sussex Justices, ex parte McCarthy [1924] 1 KB 256.

Measuring Human Rights

2001 ◽  
Vol 15 (1) ◽  
pp. 111-131 ◽  
Author(s):  
Kate Raworth
Keyword(s):  
Public Policy ◽  
Decision Making ◽  
Human Rights ◽  
Conflicts Of Interest ◽  
Policy Decision ◽  
Decision Making Process ◽  
Policy Dialogue ◽  
The Public ◽  
Local Contexts ◽  
Policy Decision Making

The language of human rights is increasingly being advocated as a framework for policy dialogue. To make this feasible, indicators must be developed that help to hold the state accountable for its policies, that help to guide and improve policy, and that are sensitive to local contexts without sacrificing the commitment to the universality of rights. Can it be done?This article examines ongoing attempts to devise indicators and argues that they are not based in a sufficiently clear conceptual framework. It argues for greater intelligibility in devising indicators concerning what they should be assessing, how to reflect the universalism of rights across different contexts, and how to weigh the conflicts of interest that characterize the public policy decision-making process.

scholarly journals Women Quota in Lebanon: A False Promise?

1970 ◽  
pp. 58-65
Author(s):  
Marguerite El-Helou
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Civil Society Organizations ◽  
Decision Makers ◽  
Decision Making Process ◽  
Public Office ◽  
Policy Makers ◽  
Factors Influencing ◽  
Council Of Ministers ◽  
Local Levels

Demands for the adoption of women quota in public office, whether these positions are by election or appointment, were late in materializing and reaching the agenda of policy-makers in Lebanon. Persistent efforts by some civil society organizations since the 1990s and the appointment of a human rights activist as a Minister of Interior in 2008 led to the submission of two official proposals to this end as part of a general electoral reform. Nothing has materialized so far. The first proposal, calling for a women quota on parliamentary electoral lists, was aborted by Parliament in 2008. The second, calling for the allocation of seats for women on the municipal councils was approved by the Council of Ministers on January 29, 2010 but still awaits adoption by Parliament.1 In light of the prevalent frustration with the decision-makers’ failure to seriously act on this issue, the following sections of this paper aim at providing an assessment of the contributions that the two suggested quota proposals may have made to the enhancement of women representation in public office at the national and local levels respectively, as well as highlighting the factors influencing the decision-making process on this issue.

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