scholarly journals Right Against Exploitation under Article 24 of the Indian Constitution

2020 ◽  
Vol 9 (2) ◽  
pp. 37-57
Author(s):  
Nishant Pande
Keyword(s):  
South Africa ◽  
Supreme Court ◽  
Tamil Nadu ◽  
The Other ◽  
Specific Reference ◽  
Bill Of Rights ◽  
Right To Life ◽  
Hazardous Environments ◽  
Democratic Rights ◽  
The Right

Article 24 of the Constitution prohibits the employment of children in hazardous environments. The provision is worded in a manner that allows horizontal application of the right guaranteed thereby. However, the Hon’ble Supreme Court of India’s method of applying this horizontal right is obscure. On one hand, the Court in People’s Union for Democratic Rights v. Union of India indulged in a direct horizontal application of the right conferred under the Article, while on the other hand, the Court in the case of M. C. Mehta v. State of Tamil Nadu, undertook a combined indirect horizontal and vertical application of the Article. This paper attempts to identify the exact manner of applicability of the right under Article 24, by tracing its development, with specific reference to the Supreme Court’s interpretation of the same. Further, this paper explores the possibility of reading the right against exploitation in a more inclusive manner, as has been done for right to life under Article 21. The author has been inspired by the International community’s perception of child labour, specifically, the Constitution of Ireland and the Bill of Rights of South Africa, in putting forward arguments to augment the expansion of the scope of Article 24.

scholarly journals Feu la D.C.D. L'arrêt Miller et la peine de mort

2005 ◽  
Vol 18 (2-3) ◽  
pp. 567-576
Author(s):  
Henri Brun
Keyword(s):  
Supreme Court ◽  
Death Penalty ◽  
Supreme Court Of Canada ◽  
Bill Of Rights ◽  
Right To Life ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
First Time

The Miller case, decided by the Supreme Court of Canada on October 5, 1976, puts the death penalty under the light of the Canadian Bill of Rights which formulates the right to life and the right to protection against cruel and unusual treatment or punishment. The following comment on the case relates to the interpretation given specific clauses of the Bill of Rights by the Court on that occasion. But it stresses especially the law that flows from the case about the compelling weight of the Bill of Rights over acts of Parliament enacted after the Bill came into force. In Miller, the Supreme Court expressed itself on the subject for the first time.

scholarly journals L'égalité selon la Cour suprême

2005 ◽  
Vol 18 (4) ◽  
pp. 691-710
Author(s):  
Denis Bourque
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
The Other ◽  
Bill Of Rights ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
The One ◽  
The Right

Clause 1(b) of the Canadian Bill of Rights specifies that every person has the right to equality before the law. The purpose of this article is to analyse, on the one hand, the meaning that the judges of the Supreme Court have given to this concept of equality before the law and, on the other hand, the way in which they have applied this aforementioned principle of Clause 1(b) of the Canadian Bill of Rights. Four judgements are the subject of Mr. Bourque's study. He concerns himself with the Drybones, Lavell, Burnshine and Canard judgements. In the course of analysing these cases, Mr. Bourque brings out the shilly-shallying of the judges in connection with their concept of equality before the law. In spite of this beating about the bush two concepts emerge at the level of the judges of the Supreme Court, namely an equalitarian concept of equality before the law, and a concept which makes equivalent equality before the law and the rule of law. According to Mr. Bourque, the analysis of these four judgements shows that it is the concept which makes equivalent equality before the law and the rule of law, which represents, the position of the Supreme Court, at the present time.

Assessment of knowledge of oral health hygiene among coastal guards in the port trust of south Tamil Nadu - A public health awareness survey

2020 ◽  
Vol 11 (SPL3) ◽  
pp. 1861-1868
Author(s):  
Bianca Princeton ◽  
Abilasha R ◽  
Preetha S
Keyword(s):  
Lung Cancer ◽  
Oral Health ◽  
Oral Hygiene ◽  
Tamil Nadu ◽  
Asbestos Exposure ◽  
The Other ◽  
Oral Manifestations ◽  
Illegal Activities ◽  
The Right ◽  
Oral Hygiene Habits

Oral hygiene is defined as the practice of keeping the mouth clean and healthy, by brushing and flossing to prevent the occurrence of any gum diseases like periodontitis or gingivitis. The main aim of oral health hygiene is to prevent the buildup of plaque, which is defined as a sticky film of bacteria and food formed on the teeth. The coastal guard is an official who is employed to watch the sea near a coast for ships that are in danger or involved with illegal activities. Coastal guards have high possibilities of being affected by mesothelioma or lung cancer due to asbestos exposure. So, a questionnaire consisting of 20 questions was created and circulated among a hundred participants who were coastal guards, through Google forms. The responses were recorded and tabulated in the form of bar graphs. Out of a hundred participants, 52.4% were not aware of the fact that coastal guards have high chances of developing lung cancer and Mesothelioma. 53.7% were aware of the other oral manifestations of lung cancer other than bleeding gums. Majority of the coastal guards feel that they are given enough information about dental hygiene protocols. Hence, to conclude, oral hygiene habits have to be elaborated using various tools in the right manner to ensure better health of teeth and gums.

scholarly journals SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA

2017 ◽  
Vol 8 (1) ◽  
pp. 1
Author(s):  
N Gabru
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Fresh Water ◽  
Human Life ◽  
Bill Of Rights ◽  
The South ◽  
Economic Rights ◽  
Basic Part ◽  
The Right

Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right.  The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights). The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy.  The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against 1/2the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the like; and that a clear distinction should be made between first generation and other rights, as well as the relationship of these rights to one another. It should be noted that there are many lawyers and non-lawyers who maintained that in order to confront poverty, brought about by the legacy of apartheid, the socio-economic rights should be included in a Bill of Rights. The inclusion of section 27 of the 1996 Constitution has granted each South African the right to have access to sufficient food and water and has resulted in the rare opportunity for South Africa to reform its water laws completely. It has resulted in the enactment of the Water Services Act 108 of 1997 and the National Water Act 36 of 1998.In this paper the difference between first and second generation rights will be discussed. The justiciability of socio-economic rights also warrants an explanation before the constitutional implications related to water are briefly examined. Then the right to water in international and comparative law will be discussed, followed by a consideration of the South African approach to water and finally, a few concluding remarks will be made.

The Supreme Court of India and Inter-State water dispute: an analysis of the judgments on Mullaperiyar Dam

Water Policy ◽  
2015 ◽  
Vol 17 (6) ◽  
pp. 1003-1018
Author(s):  
M. P. Ram Mohan ◽  
Krittika Chavaly
Keyword(s):  
Supreme Court ◽  
Environmental Protection ◽  
Tamil Nadu ◽  
The State ◽  
Specific Reference ◽  
Supreme Court Of India ◽  
First Case ◽  
The Supreme Court ◽  
State Water ◽  
Inter State

This paper addresses the issue of the Mullaperiyar Dam dispute between Kerala and Tamil Nadu with specific reference to the two judgments delivered by the Supreme Court of India on the matter. This paper attempts to examine the arguments, facts, and the judgment of the Court on each of the primary issues raised during the course of the dispute. The first case was filed by the Mullaperiyar Environmental Protection Forum in 2001, wherein the Court adjudged the case in favour of the respondents, the State of Tamil Nadu. Consequently, due to certain developments, examined in the course of the second case, the State of Tamil Nadu filed a petition before the Supreme Court against Kerala in 2006 seeking relief for the actions on the part of the latter after the judgment in the first case. A Constitution Bench was constituted to adjudicate this case, which re-examined certain issues raised during the first case and conclusively laid down its decision in favour of Tamil Nadu.

Rights, Liberties, Freedoms: A Reappraisal

1963 ◽  
Vol 57 (4) ◽  
pp. 841-854 ◽  
Author(s):  
Carl J. Friedrich
Keyword(s):  
Thomas Hobbes ◽  
Natural Rights ◽  
The Self ◽  
Bill Of Rights ◽  
Bodily Harm ◽  
Pursuit Of Happiness ◽  
Right To Life ◽  
Governmental Power ◽  
The Individual ◽  
The Right

When President Roosevelt proclaimed the “Four Freedoms” in 1941, he accepted a new conception of human rights far removed from the natural rights of the seventeenth and eighteenth centuries. The conception of rights which inspired the British Bill of Rights (1689), the Declaration of Independence (1776) and the Declaration of the Rights of Man and Citizen (1789) is grounded in simple natural law notions. Man was believed to have a fixed and unalterable nature, to be endowed with reason, which gave him certain rights without which he ceased to be a human being. These natural rights, summed up in the Lockean formula of “life, liberty and property” (later broadened to include the pursuit of happiness), were largely concerned with protecting the individual person against governmental power. Each man was seen as entitled to a personal sphere of autonomy, more especially of religious conviction and property; the inner and the outer man in his basic self-realization and self-fulfillment. These rights depended in turn upon the still more crucial right to life-that is to say, to the self itself in terms of physical survival and protection against bodily harm. This right to life was recognized even by absolutists, like Thomas Hobbes. It was believed immutable, inalienable, inviolable. Locke exclaimed at one point that these rights no one had the power to part with, and hence no government could ever acquire the right to violate them.

BECOMING HUMAN

PEDIATRICS ◽  
1978 ◽  
Vol 62 (1) ◽  
pp. 7-7
Author(s):  
Christopher Jenks
Keyword(s):  
Supreme Court ◽  
The Body ◽  
Human Suffering ◽  
Right To Life ◽  
The Supreme Court ◽  
Arbitrary Decision ◽  
Real Person ◽  
The Right ◽  
Roe V Wade

Opponents of abortion sometimes argue that a fetus "wants" to grow up into a real person. But every egg and sperm also "want" to become a person in this sense. And if that is the case, how can one defend either contraception or celibacy, both of which deny life to millions of eggs and sperms that "want" to become people, and both of which also involve repression of "natural" impulses? The question of whether abortion is morally wrong depends on when we become "human." Unfortunately, this does not happen all at once, as in medieval fantasies of the soul's entering the body. It happens bit by bit. We must therefore make some arbitrary decision about when to confer the "right to life." Because nature offers no clear guidance about where this line should be drawn, the most humane solution is to draw it so as to minimize human suffering. I doubt, however, that opponents of abortion will accept this approach, for once you accept it, you will almost inevitably be led to precisely the same "liberal" conclusion the Supreme Court reached five years ago in Roe v. Wade.

1. Introduction

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Bill Of Rights ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
Human Rights Organizations ◽  
Protection Of Human Rights ◽  
The Right

This introductory chapter introduces the theme of this book, which is modern international human rights law. The book traces the unprecedented expansion in the internationally recognized rights of all people with acceptance of a human rights dimension to the quest for international peace and security following the formation of the United Nations in 1945. It examines the International Bill of Rights and the regional protection of human rights, and describes several human rights organizations including the Organization of American States and the African Union. The book discusses different types of rights, including the right to life, the right of liberty to persons, and the right to work, and also evaluates the monitoring, implementation, and enforcement of human rights laws.

Legal aid in South Africa: making justice reality

2005 ◽  
Vol 49 (1) ◽  
pp. 54-72
Author(s):  
Hennie van As
Keyword(s):  
South Africa ◽  
Access To Justice ◽  
Bill Of Rights ◽  
Legal Aid ◽  
Legal Representation ◽  
Existing Structures ◽  
The Poor ◽  
New Concepts ◽  
The Right ◽  
Criminal Matters

Democracy and the adoption of a Bill of Rights for South Africa not only brought about political change, but it also created expectations of a better life for all. The Constitution guarantees equality before the law, access to a fair hearing and the right to legal representation in criminal matters, and the Legal Aid Board is one of the institutions tasked with giving effect to these pledges. In order to achieve its objectives and to fulfil its obligations, government embarked upon a process of transformation of existing structures and institutions and the creation of new ones. Although legal aid, and statutory provision therefore, are not new concepts in South Africa, constitutionalization resulted in the restructuring of the Legal Aid Board and changes in the method of delivery of its services. The focus is on rendering legal representation in criminal matters to the neglect of civil and non-legal problems that the poor often face, resulting in the impression that government is merely paying lip service to the promise of access to justice. This lends credence to the perception that the legal system exists in order to protect the interests of criminals. Being a developing country, it is comprehensible that priorities have to be set, but it is also true that optimum use should be made of existing structures and resources in order to deal with the needs for legal aid services as expressed by the recipients of those services. Involving students and local government are two methods that can be employed to address the multi-farious problems experienced by the less fortunate members of society.

scholarly journals A EUTANÁSIA E O DIREITO DE ESCOLHA DO PACIENTE

2019 ◽  
Vol 9 (18) ◽  
pp. 174-193
Author(s):  
Murilo Aparecido Andrade Lugo ◽  
Karine Cordazzo
Keyword(s):  
Penal Code ◽  
The Other ◽  
Good Death ◽  
Right To Life ◽  
Life And Death ◽  
Literal Translation ◽  
The Right

      Resumo: A Eutanásia em sua tradução Literal significa Boa Morte, e é um tema muito discutido na sociedade atual. Muitos acreditam que seja um ato de misericórdia para com o paciente que está sofrendo, outros que é um crime contra a vida. A proposta é que este trabalho estude e trate da Eutanásia, mais precisamente sobre o direito à prática da Eutanásia. Abordar-se-á no presente trabalho, a atual legislação e o anteprojeto (Projeto de Lei nº 236/12) do Código Penal, tipificando autonomamente a Eutanásia, por ser essa uma conduta revestida de sensibilidade e piedade, mas que apresenta uma série de pontos controversos, polêmicas e dúvidas. Aborda em seu principal escopo o direito sobre a vida e sobre a morte, quando e quais direitos devem triunfar, e razões, favoráveis ou contrárias a aplicabilidade da Eutanásia bem como aborda os conflitos constitucionais envolvendo tal tema no Brasil e quais são as possíveis soluções para tais conflitos. Além disso, há o estudo de quais países foram os pioneiros na legalização do instituto da Eutanásia, os motivos que levaram a essa legalização, os resultados provenientes da tipificação da Eutanásia nesses países e como podem servir de exemplo para que outros países sigam o mesmo caminho. Foi realizada pesquisa bibliográfica  em livros, revistas e artigos para a realização do presente trabalho.   Abstract: Euthanasia in its literal translation means Good Death, and is a much discussed topic in today's society. More crimes are an act of mercy towards the patient who is suffering, others that is a crime against life. The proposal is this work of study of Euthanasia, more precisely for the right to practice Euthanasia. The current legislation and draft law no. 236/12 of the Penal Code will be approached in this work, typifying autonomy euthanasia, because this is a program that is sensitive and pitiful but presents a series of controversial points, controversies and doubts. It addresses, in its main scope, the right to life and death, when and those that fall into the triumph, and the reasons, favorable or contrary to an application of euthanasia, as well as its constitutional approach such conflicts , the legalization of the euthanasia institute must be taken seriously, the reasons that lead to this legalization, the results of the euthanasia typing, and the possibility of serving the example for the other countries follow the same path. The research was bibliographical in books, magazines and articles for the accomplishment of the present work.

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