scholarly journals Of Ebbs and Flows: Understanding the Legal Consequences of Granting Personhood to Natural Entities in India

2021 ◽  
pp. 1-26
Author(s):  
Stellina Jolly ◽  
K.S. Roshan Menon
Keyword(s):  
Environmental Protection ◽  
Paradigm Shift ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Human Beings ◽  
Legal Personality ◽  
Environmental Commitment ◽  
Natural Entities ◽  
Legal Consequences

Abstract A study of the rights regime for environmental protection in India indicates that such protections overlap with constitutional rights guaranteed primarily to citizens or persons under the law. Contemporary jurisprudence has aggressively developed this intersectionality, declaring natural entities to be living persons with fundamental rights analogous to those of human beings. This article explores the role played by two judgments delivered by the Uttarakhand High Court – Mohammed Salim v. State of Uttarakhand and Lalit Miglani v. State of Uttarakhand – in the establishment of an effective framework for environmental protection. This is effectuated in both cases by assigning legal personality to rivers and articulating a conceptual shift from the human-centric approach. Accounting for the socio-cultural and spiritual relationships that have received legal protection, this article critically analyzes the judgments, their rationale and contributions to environmental protection. As the judgments articulate a paradigm shift in environmental protection, their effectiveness is best assessed through analyzing the frameworks created for their implementation. While the pronouncement of the Indian courts on the legal personality of rivers is an encouraging paradigm shift in environmental commitment, establishing the rights of nature was undertaken without due attention to the complexities that characterize the Indian socio-politico-religious context and to the legal consequences of bestowing vaguely contoured rights upon natural entities.

scholarly journals The Citizens’ Constitutional Rights Regarding Habitable and Wholesome Environment: Towards a Law State that Protects the Environment

2020 ◽  
Vol 4 (1) ◽  
pp. 81
Author(s):  
Nyoman Satyayudha Dananjaya ◽  
Fuchikawa Kazuhiko
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Due Process ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Human Beings ◽  
Legal Research ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Protection Of Human Rights

This paper aims to examine the protection of the environment in Indonesia which is part of the realization of a law state that guarantees the constitutional rights of its citizens. It is a legal research that reviews Indonesian constitutional and statutory provisions, besides adding a comparative perspective from a Japanese Constitution and legal system. It is found that the concept of a law state in Indonesia does not specifically follow the concept of a law state like what is meant in “rechtsstaat” or “the rule of law”. It has peculiar characteristics which indeed seem to adopt the noble values ??of those two concepts which clearly confesses in the constitution along with the elements and characters stated in it. One of the most prominent characteristics of a law state is the recognition and protection of human rights. In the Indonesian Constitution 1945, human rights as the fundamental rights of human beings have been arranged and compiled which is legally legitimized become constitutional rights. Among human rights, rights related to the environment include essential rights in array of international human rights formulations. Article 28 letter H of the Indonesian Constitution 1945 expressly states the rights to habitable and wholesome environment for citizen. The protection form can be a normative arrangement in the constitution or in a formal juridical through legislation. Protection of citizens' constitutional rights related to the environment is faced with due process of environmental protection that requires consistency in order to achieve the intention and direction of the Indonesian law state itself.

scholarly journals Crucial Issues with Legal Protection of Consumers Human Rights when Banks unilaterally Close Accounts

2021 ◽  
Vol 7 (4) ◽  
pp. 617
Author(s):  
Aleksejs Jelisejevs
Keyword(s):  
Human Rights ◽  
Money Laundering ◽  
Legal Protection ◽  
Criminal Activity ◽  
Private Life ◽  
Fundamental Rights ◽  
Good Faith ◽  
General Idea ◽  
European Convention ◽  
Human Beings

When unilaterally closing a customer’s account due to so-called de-risking, the customer’s interests are not only ignored by the bank but their human rights, including respect for his private life and presumption of innocence, are also severely violated De facto, de-risking stigmatizes discarded consumers as being involved in criminal activity without a court conviction. As a result of the unfair account closure, both the consumer's social and psychological integrity can suffer. Their rights to establish and develop relationships with other human beings and the outside world and respect for reputation are put in jeopardy. In order to overcome the above collision of interests, this study proposes a doctrinal assessment of consumer's interests that should limit the bank's right to unilaterally terminate the contract by the systemic and teleological interpretation of regulating rules in combination with the general civil principle of good faith. By analogy with the original source of the problem, this tool has been called the “Good Faith-Based Approach". Therefore, in view of states' affirmative obligations under the European Convention on Human Rights, this research shows that the consumers' conflicting interests should take priority in legal protection until the consumer's involvement in money laundering and terrorist financing is established and proven. A certain level of restrictions imposed on the consumers' fundamental rights could be considered justifiable to prevent money laundering as long as the business relationship with the bank continues. However, when rupturing contractual relations within the de-risking paradigm, only close adherence to the good faith principles can guarantee that the bank's rights are not applied by the bank formally and unreasonably, that is, against the sense, meaning, and goals established by the regulating authorities or contrary to the general idea of law. Keywords: Good faith, De-risking, Bank account closure, Unilateral termination of contract, Human rights

From old slavery to new forms of exploitation: A reflection on the conditions of irregular migrant labour after the Chowdury case

2019 ◽  
Vol 10 (3) ◽  
pp. 251-267
Author(s):  
Annalisa Lucifora
Keyword(s):  
Free Market ◽  
Legal Protection ◽  
Fundamental Rights ◽  
European Convention ◽  
Human Beings ◽  
Global Competitiveness ◽  
Migrant Labour ◽  
Forced Labour ◽  
Irregular Migrant ◽  
The Impact

The spread of exploitative working practices requires an in-depth reflection on the impact of the free market and global competitiveness on some fundamental rights that are inherent to all human beings. After an investigation into the conditions that have led to an exponential increase in the exploitation of illegal migrant labour, the article focuses on the system of legal protection set by the European Convention on Human Rights (ECHR), which in Article 4 only prohibits slavery and servitude (para 1) and forced and compulsory labour (para 2). It could raise the question of where to put those conducts that, although they are manifestly inconsistent with fundamental rights, they do not, however, easily conform to any of the labels expressly laid out in Article 4 ECHR. The issue has recently been put under the spotlight by the Chowdury case, where the analysis of the extremeness of the working conditions allows the Court to rule out any relevance of the element of consent. This interpretation would allow the most serious cases of exploitation to be brought within the scope of forced labour and thus to expand the protection offered by Article 4 ECHR.

scholarly journals Perlindungan Hukum Bagi Pekerja Anak: Tinjauan Perspektif Keadilan dan Kesejahteraan Anak

2021 ◽  
Vol 1 (1) ◽  
pp. 107
Author(s):  
Meirina Nurlani
Keyword(s):  
Child Labor ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Human Beings ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Government ◽  
Keywords Child ◽  
Materials Used ◽  
Laws And Regulations

Increasing economic demands shape the situation of a child having to work to help his parents to support his family's economy. Therefore, it is necessary to provide legal protection for child labor. Legal protection for child labor is an important instrument that must be considered by the government; considering that the guarantee of legal protection is a moral responsibility for the government to fulfill the welfare and justice of child workers. This type of research is legal research. This legal research uses a statute approach and conceptual approach. The legal materials used in this legal research are primary and secondary legal materials. The results of this study state that legal protection for child labor is based on various laws and regulations. The welfare of child workers will be obtained when the rights of child workers as stated in various laws and regulations are fulfilled and guaranteed by the company.  Prosperity in this study does not only have material meaning, but includes non-material aspects; as well as continuing to provide flexibility for children to continue to develop their capacity. Furthermore, regarding justice, child workers should also be given legal protection; considering that children are human beings who have human rights. Tackling the problem of child labor can be done using three efforts; namely preventive efforts, curative efforts, and repressive measures. On the other hand, an integrated planning is needed to deal with the problem of child labor. This sustainable planning is carried out to fulfill various fundamental rights of child labor. KEYWORDS: Child Workers, Child Rights, Legal Protection for Child Workers.

scholarly journals O DIREITO FUNDAMENTAL AO ACESSO E CONSUMO SUSTENTÁVEL DA ÁGUA POTÁVEL, RECURSO NATURAL QUE SUSTÉM A VIDA DE TODOS, EM TODOS OS AMBIENTES, DEVENDO ATENÇÃO AOS VULNERÁVEIS

2020 ◽  
Vol 2 (59) ◽  
pp. 155
Author(s):  
Regina Vera Villas BOAS ◽  
Ivan Martins MOTTA
Keyword(s):  
Drinking Water ◽  
Environmental Protection ◽  
Natural Resource ◽  
Environmental Law ◽  
Sustainable Consumption ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Human Right ◽  
Deductive Method ◽  
The Republic

RESUMO Objetivo: O objetivo do trabalho é tratar da proteção jurídica da água potável, refletindo sobre a eficiência e/ou eficácia constitucional, legislativa e jurisprudencial da proteção ambiental, trazendo fundamentações contidas nas decisões judiciais, materializadoras da justiça socioambiental, e trazendo à razão, questões sociais e jurídicas atuais sobre o consumo excessivo desse imprescindível e finito recurso natural. Metodologia: A partir de pesquisa documental, utiliza o método dedutivo para, valendo-se dos ensinamentos doutrinários, legislativos, jurisprudenciais e constitucionais, extrair conclusões sobre a importância dos recursos hídricos, em especial, da água. Resultados: Considerando que a água potável é recurso natural, bem ambiental e direito humano fundamental, o acesso e o consumo sustentável da água potável pertencem a todos, sendo dever do Estado e da sociedade promovê-los, prestando atenção às situações de escassez dos recursos vividas pelos vulneráveis. Logo, o ordenamento jurídico e os Poderes da República devem contar com legislação, decisões dos tribunais e políticas públicas protetivas ambientais, garantindo a salvaguarda da água (potável). Contribuições: A pesquisa traz à baila notas importantes sobreo avanço do direito ambiental, considerado por várias constituições como um direito humano e fundamental, afirmando que a proteção do meio ambiente vem sendo colocada em risco por setores políticos, econômicos e sociais, que violam conquistas já materializadas, cometendo retrocessos nas garantias dos direitos fundamentais e violando o princípio da proibição do retrocesso ambiental. Palavras-chave: Água potável; recursos hídricos; tutela jurídica ambiental; direito humano fundamental. ABSTRACT Objective: To deal with the legal protection of drinking water, reflecting on the constitutional, legislative and jurisprudential efficiency and/or effectiveness of environmental protection, bringing the foundations contained in judicial decisions, materializing socio-environmental justice, and bringing to the questions current social and legal issues regarding the excessive consumption of this essential and finite natural resource. Methodology: Based on documentary research, it uses the deductive method to, based on doctrinal, legislative, jurisprudential and constitutional texts, have conclusions about the importance of hydric resources, especially water. Results: Considering that drinking water is a natural resource, an environmental asset and a fundamental human right, access to and sustainable consumption of drinking water belongs to all, being then duty of the State and society to promote them, paying attention to situations of scarcity of resources experienced by the vulnerable. Therefore, the legal system and the Powers of the Republic must have legislation, court decisions and public environmental protection policies, guaranteeing the safeguarding of (drinking) water. Contributions: The research brings up important notes about the advance of environmental law considered by several constitutions as a human and fundamental right, stating that the protection of the environment has been put at risk by political, economic and social sectors, which violate achievements already materialized, causing setbacks in the guarantees of fundamental rights and violating the principle of prohibition of environmental setbacks. Keywords: Drinking water; hydric resources; environmental legal protection; basic human right

scholarly journals Some Problems Related to the “Human Embryo” in the European Union Law

2016 ◽  
Vol 22 (2) ◽  
pp. 292-297
Author(s):  
Gabriela Belova ◽  
Anna Hristova
Keyword(s):  
European Union ◽  
Stem Cell ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Human Embryos ◽  
The European Union ◽  
Human Beings ◽  
European Union Law ◽  
Eu Directive ◽  
The Eu

Abstract The following article is dedicated to the topic of human dignity - the human embryos and the legal framework they are regulated by in the EU: The Charter of Fundamental Rights of European Union and the EU Court practice. For the purpose, the authors look first and foremost at the EU Directive 98/44, regulating the legal protection of biotechnological inventions which aim at balancing the human beings' dignity and integrity with the need to preserve the social function of patents as a vector for the competiveness of the European biotech industry. Two key EU Court cases are analyzed, both of which reflecting the evolution of the Court of Justice on the European Union's Case Law on Stem Cell Patents, namely Case C-34/10 Oliver Brüstle v Greenpeace е. V. and Case C-364/13 International Stem Cell Corporation. The article looks then at the European Citizens’ Initiative “One of us”, which aims at securing Juridical protection of the dignity, the right to life, as well as to the integrity of every human being from conception in those areas of EU competence where such protection has a particular importance.

scholarly journals Privacy as an International Human Right and the Right to Obscurity in Cyberspace

2014 ◽  
Vol 2 (2) ◽  
pp. 33 ◽  
Author(s):  
Alexandra Rengel
Keyword(s):  
New Technologies ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Remote Access ◽  
Political Rights ◽  
Human Beings ◽  
Right To Privacy ◽  
Human Right ◽  
International Convention ◽  
The Right

Fundamental rights are considered to be those which human beings have by the fact of being human and are neither created nor can be abrogated by any government absent extraordinary circumstances. They are fundamental in that the enjoyment of such rights is necessary to live a life with dignity. Fundamental rights are recognized by several international conventions and treaties such as the International Convention on Civil and Political Rights, and the International Convention on Economic and Social Rights and they include cultural, economic, and political rights, such as the right to life, the right to liberty, the right of association, and the right to freedom of religion. Privacy is an essential human need. Although the concept of privacy has a certain abstract quality to it that makes it difficult to define, instinctively, humans need to know that they can keep some things secret from others. Absent extraordinary circumstances the need for humans to have a certain degree of privacy is innate. Perhaps as a result of that intrinsic need, privacy as a concept has been recognized in a social as well as a legal sense in most cultures from time immemorial. Today, the right to privacy is considered to be an identifiable human right with universal qualities deserving legal recognition and protection, although the scope of such legal protection is still being determined. In reviewing the concept of privacy, new technologies often make us wonder what level of protection of our right to privacy is possible in a world where personal information about us can be accessed not by infringing our physical space, but by invisible hands that can access our most private secrets just by pressing a button and looking at a screen. New technologies in the form of the Internet, social networks, remote access to information, etc., make it increasingly more difficult to maintain privacy rights in cyberspace such that online invisibility has become impossible. The quest for invisibility is the idea that individuals should be able to choose to remain invisible online. In order for that scenario to become a reality more emphasis needs to be made on the universal recognition of privacy principles in the context of cyberspace. Additionally, design based privacy solutions must be created to protect individuals’ privacy in cyberspace.

scholarly journals Criteria for Recognition of AI as a Legal Person

2019 ◽  
Vol 12 (3) ◽  
pp. 105
Author(s):  
Roman Dremliuga ◽  
Pavel Kuznetcov ◽  
Alexey Mamychev
Keyword(s):  
Legal System ◽  
Legal Theory ◽  
The United States ◽  
Fundamental Rights ◽  
Theory And Practice ◽  
Legal Person ◽  
Human Beings ◽  
Legal Personality ◽  
Legal Personhood ◽  
Fundamental Rights And Freedoms

This question of AI legal personhood is mostly theoretical today. In article we try to generalize some common ways that existing in legal theory and practice. We analyze some cases of recognition of untypical legal persons as well enacted statements in Europe and USA. Readers will not find a detailed methodology in the paper, but rather a list of criteria that is helpful to make a decision on granting legal personhood. Practices of European Union and the United States indicate that common approaches to the legal personality of some kinds of AI are already developed. Both countries are strongly against legal personhood of intellectual war machines. Liability for any damage of misbehavior of military AI is still on competence of military officers. In case of civil application of AI there are two options. AI could be as legal person or as an agent of business relations with other legal persons. Every legal person has to be recognized as such by society. All untypical legal persons have wide recognition of society. When considering the issue of introducing a new legal person into the legal system, legislators must take into account the rights of already existing subjects. Policy makers have to analyze how such legal innovation will comply with previous legal order, first of all how it will affect the fundamental rights and freedoms of the human beings. The legal personhood of androgenic robots that can imitate human behavior regarded in paper as a good solution to minimize illegal and immoral acts committed with their involvement. It would be a factor that keep people from taking action against robots very similar to people. Authors conclude that key factors would be how society will react to a new legal person, how changing of legal rules will affect legal system and why it is necessary. At least all new untypical legal persons are recognized by society, affects of the legal system in manageable way and brings definite benefits to state and society.

scholarly journals Aspek Hukum Perlindungan Data Konsumen E-Commerce

Kosmik Hukum ◽  
2020 ◽  
Vol 20 (1) ◽  
pp. 56
Author(s):  
Ardhiana Hidayah ◽  
Marsitiningsih Marsitiningsih
Keyword(s):  
Law Enforcement ◽  
Data Protection ◽  
Personal Data ◽  
Legal Protection ◽  
Constitutional Rights ◽  
Human Beings ◽  
Legal Research ◽  
Online Transactions ◽  
Library Research ◽  
Consumer Data

Consumer data protection is part of the consumer protection aspect of online transactions or e-commerce activities. This research is a normative legal research based on library research. This study aims to know and understand that personal data is part of the constitutional rights of citizens, so that the state is obliged to protect dignity, respect and integrity of consumers as human beings. The use of any information through electronic media that involves a person's personal data must be done with the consent of the person concerned. The misuse of consumer data is a major problem in legal protection to consumers. Consumer data protection only relies on Ministerial Regulation Number 20 Year 2016 concerning Protection of Personal Data which cannot be used as a basis for solving the problem of data misuse. There needs to be a special institution in processing law enforcement in the context of protecting consumer data.Keywords: Consumer Data Protection

Feminist Perspective in Shashi Deshpande's “That Long Silence”

2018 ◽  
Vol 6 (1) ◽  
pp. 8
Author(s):  
Mohammad Ahashan ◽  
Dr. Sapna Tiwari
Keyword(s):  
Gender Equity ◽  
Social Life ◽  
Fundamental Rights ◽  
Feminist Movement ◽  
Human Beings ◽  
Simone De Beauvoir ◽  
Equal Rights ◽  
And Gender ◽  
Set Up ◽  
Key Aspects

Man has always tried  to determine  and tamper the image of woman and especially her identity is manipulated and orchestrated. Whenever a woman is spoken of, it is always in the relation to man; she is presented as a wife , mother, daughter and even as a lover but never as a woman  a human being- a separate entity. Her entire life is idealized and her fundamental rights and especially her behaviour is engineered by the adherents of patriarchal society. Commenting  on the Man-woman relationship in a marital bond Simone de Beauvoir wrote in her epoch-making book entitled The Second Sex(1949): "It has been said that marriage diminishes man,  which is often true , but almost always it annihilates women". Feminist movement advocates the equal rights and equal opportunities for women. The true spirit of feminism is into look at women and men as human beings. There should not be gender bias or discrimination in familial and social life. To secure gender justice and gender equity is the key aspects of feminist movement. In India, women writers have come forward to voice their feminist approach to life and the patriarchal family set up. They believe that the very notion of gender is not only biotic and biologic episode but it has a social construction.

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