Does Situation Matter in Conceptions of Children’s Nurturance and Self-determination Rights?

2019 ◽  
Vol 27 (4) ◽  
pp. 631-659
Author(s):  
Juliana Karras-Jean Gilles ◽  
Isabelle Elisha ◽  
Martin D. Ruck ◽  
Harriet R. Tenenbaum ◽  
Ingrid A. Willenberg
Keyword(s):  
South African ◽  
Social Cognitive ◽  
Secondary Analysis ◽  
Mixed Race ◽  
Self Determination ◽  
Domain Theory ◽  
Cognitive Domain ◽  
Mixed Design ◽  
The Right To Privacy ◽  
The Right

Recent work regarding children’s rights has advocated for research in non-Western settings and with participants who are ethnic/racial minorities. We addressed these issues through secondary analysis of interviews with 63 mixed-race South African children (9-, 11-, and 13-year olds) and their mothers. Participants’ responses to hypothetical vignettes depicting children’s nurturance and self-determination rights scenarios were coded using social cognitive domain theory and subsequently analysed with mixed-design anovas. Outcomes figured prominently in children’s and mothers’ reasoning. Moral reasoning was primarily invoked when discussing the right to privacy, extending earlier work and suggesting the importance of privacy across cultural contexts.

Condoning discrimination: The effects of dominance and authoritarianism are moderated by different ways of reasoning about antigay discriminatory acts

2016 ◽  
Vol 20 (6) ◽  
pp. 831-849 ◽  
Author(s):  
V. Paul Poteat ◽  
Stacey S. Horn ◽  
Patrick I. Armstrong
Keyword(s):  
Moral Reasoning ◽  
Social Dominance ◽  
Social Cognitive ◽  
Social Dominance Orientation ◽  
Domain Theory ◽  
Cognitive Domain ◽  
Group Norms ◽  
Right Wing ◽  
Specific Context ◽  
Right Wing Authoritarianism

Many studies have focused on mediated paths by which social dominance orientation (SDO) and right-wing authoritarianism (RWA) predict prejudice; fewer have identified factors that moderate their effects. We applied social cognitive domain theory to test whether different ways of reasoning about antigay discriminatory acts moderated the association between SDO, RWA, and condoning antigay discrimination. Moral reasoning (e.g., emphasizing fairness, equality) and personal reasoning (e.g., emphasizing individual interests, qualifications) attenuated the association between SDO, RWA, and condoning discriminatory resource denial in general and religious-specific contexts. Conventional reasoning (e.g., emphasizing group norms, rules) magnified the association between SDO, RWA, and condoning resource denial, but only in a religious-specific context. Findings highlight the need to examine moderators of SDO and RWA effects in effort to disrupt discrimination by those most likely to engage in it.

Regulating Privacy and Biobanks in the Netherlands

2016 ◽  
Vol 44 (1) ◽  
pp. 68-84 ◽  
Author(s):  
Aart C. Hendriks ◽  
Rachèl E. van Hellemondt
Keyword(s):  
The Netherlands ◽  
Criminal Law ◽  
Privacy Protection ◽  
Personal Data ◽  
Self Determination ◽  
European Economic Area ◽  
The Right To Privacy ◽  
Economic Area ◽  
The Right ◽  
Individual Self

The Netherlands does not have any specific legislation pertaining to human biological materials and data collection by biobanks. Instead, these issues are governed by a patchwork of laws, codes of practices, and other ethical instruments, where special emphasis is given to the right to privacy and self-determination. While draft legislation for biobanking was scheduled to enter into force in 2007, as of mid-2015 such legislation was still under consideration, with the intent that it would focus particularly on individual self-determination, the interests of research, the use of bodily materials collected by biobanks for criminal law purposes, and dilemmas around results that are clinically relevant for biobank participants. Under the current framework, the amount of privacy protection afforded to data is linked to its level of identifiability. International sharing of personal data to non-EU/European Economic Area countries is allowed if these countries provide adequate protection.

Recent experiences in South Africa and Ethiopia to accommodate cultural diversity: a regained interest in the right of self-determination

2000 ◽  
Vol 44 (1) ◽  
pp. 17-51 ◽  
Author(s):  
Kristin Henrard ◽  
Stefaan Smis
Keyword(s):  
South Africa ◽  
Cultural Diversity ◽  
Case Studies ◽  
South African ◽  
Self Determination ◽  
The South ◽  
Population Groups ◽  
The Right ◽  
Right Of Self Determination

This article examines the right to self-determination and the various constitutional mechanisms that can be used to accommodate cultural diversity. Using the South African and Ethiopian constitutions as case-studies, it concludes that it is possible to respect the principle of equality and the right to identity of "population groups" in a way which will pre-empt calls for external self-determination, and it suggests that the mechanisms used in these two countries may serve as a model elsewhere in Africa and beyond.

scholarly journals GOING GENTLY INTO THAT GOOD NIGHT: THE CONSTITUTIONALITY OF CONSENT IN CASES OF EUTHANASIA

Obiter ◽  
2021 ◽  
Vol 33 (1) ◽  
Author(s):  
Samantha Krause
Keyword(s):  
South African ◽  
Personal Autonomy ◽  
Shared Responsibility ◽  
The Right To Privacy ◽  
Mercy Killing ◽  
South African Constitution ◽  
The Right ◽  
Loss Of Dignity ◽  
State Interference ◽  
Right To Dignity

Although consent is a justification ground in South African law, its applicability to cases of euthanasia has been the subject of controversy. It is submitted that relying on the distinction between omission and commission, or causation or intent will not prove useful in justifying mercy killing. In terms of the South African Constitution (and various human rights guaranteed therein), there may be compelling arguments for legalizing euthanasia. For instance, section 10 of the Constitution guarantees the right to dignity. A lack of control over your destiny essentially involves a loss of dignity. Further, the right to dignity and the qualified right to personal autonomy inform section 14: the right to privacy. This right holds that an individual can make certain fundamental private choices without state interference. Surely this would extend to how to end one’s life? This article advocates that a rights-based approach be used to inform the doctrine of consent. This would entail taking the victim’s shared responsibility into account thereby reducing the perpetrator’s fault.

scholarly journals THE RIGHT TO PRIVACY AND DRUG-TESTING IN SPORT IN SOUTH AFRICA: COULD THE NEW ZEALAND CASE OF CROPP V JUDICIAL COMMITTEE PROVIDE SOME GUIDANCE?

Obiter ◽  
2021 ◽  
Vol 34 (1) ◽  
Author(s):  
Jean Wilké
Keyword(s):  
South Africa ◽  
New Zealand ◽  
South African ◽  
Drug Testing ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Republic ◽  
The Right

This article examines the right to privacy of athletes who are required to submit to drug tests. In South Africa, the right to privacy of an athlete with regard to drugtesting has not been challenged in the courts. However, the courts in New Zealand have had an opportunity to examine the right to privacy of an athlete in terms of drugtesting in sport. Therefore, the article discusses whether the decision in the NewZealand case of Cropp v Judicial Committee may provide some guidance to South African courts in the adjudication of whether the infringement and the limitation on the right to privacy in the context of drug-testing in sport can be reasonable and justified and concludes that such infringement may be reasonable and justified if a court is to consider a limitation of the right to privacy in terms of section 36 of the Constitution of the Republic of South Africa, 1996 as well as consent and safety.

scholarly journals El Derecho a la Intimidad y a la Protección de Datos Personales en el Ámbito Laboral

2021 ◽  
Vol 13 (13) ◽  
pp. 357-385
Author(s):  
Antonio Felipe Delgado Jiménez
Keyword(s):  
Personal Data ◽  
Third Parties ◽  
Fundamental Rights ◽  
Self Determination ◽  
Constitutional Rights ◽  
Personal Privacy ◽  
The Right To Privacy ◽  
Labor Relationship ◽  
The Individual ◽  
The Right

The balancing function, between worker and employer, of the fundamental rights in the field of the labor relationship is analyzed, while emphasizing that the right to privacy is not an unlimited right, but that it can yield to other constitutional rights. Likewise, the right to the protection of personal data is studied – distinguishing it from the right to personal privacy – which aims to guarantee the freedom of the individual in relation to their self-determination regarding the processing of their personal data by third parties.

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