scholarly journals ‘Freedom from all forms of violence’: Using Zimbabwe’s new Constitution to encourage rape law reform

2016 ◽  
Author(s):  
Douglas Coltart
Keyword(s):  
South African ◽  
Sexual Offenders ◽  
Law Reform ◽  
Rape Survivors ◽  
Rape Law ◽  
Definition Of ◽  
The Right ◽  
Political Weapon ◽  
Forms Of Violence ◽  
The Impact

The right to ‘freedom from all forms of violence from public or private sources’, enshrined in Zimbabwe’s new Constitution, could have a significant impact on efforts to end violence against women (VAW) in the country. The right is particularly relevant in the Zimbabwean context where VAW occurs in a range of settings, from the most intimate of relationships in the home to the state’s use of rape as a political weapon. One way in which the state can fulfil its duty to address VAW is through the reform of the country’s rape law. With comparative reference to the impact of the right to freedom from violence in South African law, this article discusses three areas of Zimbabwean law that present potential obstacles to achieving justice for rape survivors: the definition of the rime of rape, the abolished but tenacious cautionary rule, and the sentencing of sexual offenders.

scholarly journals Attitudes, Rape and Law Reform in South Africa

2009 ◽  
Vol 73 (5) ◽  
pp. 414-429 ◽  
Author(s):  
Charnelle van der Bijl ◽  
Philip N. S. Rumney
Keyword(s):  
South Africa ◽  
Decision Making ◽  
Criminal Justice ◽  
Social Attitudes ◽  
Law Reform ◽  
Judicial Decision Making ◽  
Rape Law ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Impact

In the last decade South Africa has undergone an extensive process of sexual offence law reform. This process has attempted, amongst other things, to address deficiencies in the criminal justice response to rape and has also recognised some of the limits to the impact of legal reform. These limits are partly defined by rape supportive attitudes and myths that appear to influence decision-making at all points in the criminal justice process. In South Africa, and many other jurisdictions, evidence suggests that police, prosecutorial and judicial decision-making is influenced, in part, by a range of social attitudes that misconstrue sexual violence, as well as serve to undermine the credibility of complainants. This article examines the impact of myths, social definitions of rape on rape law reform in South Africa and the points at which these reforms are likely to be undermined by social attitudes and what potentially might be done to address this problem.

An Opportunity Missed for Male Rape Survivors in South Africa: Masiya v Director of Public Prosecutions and Another

2008 ◽  
Vol 52 (2) ◽  
pp. 284-301 ◽  
Author(s):  
Ntombizozuko Dyani
Keyword(s):  
South Africa ◽  
South African ◽  
Constitutional Court ◽  
Vulnerable Group ◽  
Rape Survivors ◽  
Form Part ◽  
Lower Courts ◽  
The Common ◽  
Definition Of ◽  
Anal Penetration

AbstractThe Constitutional Court of South Africa recently handed down a judgment on the extension of the common law definition of rape to include anal penetration of women, but not of men. The court argued that women form part of the most vulnerable group in society. This article analyses the court's judgment and argues that the court should have included anal penetration of men in the light of South African lower courts' decisions, international law and the fact that there is currently a law before parliament which pertains to the anal penetration of men. The article also argues that the court should have taken into consideration that this case involved a child, who is also from the most vulnerable group in society.

scholarly journals Protecting the Right to Privacy in China

2005 ◽  
Vol 36 (3) ◽  
pp. 645 ◽  
Author(s):  
Cao Jingchun
Keyword(s):  
Legal Protection ◽  
Modern Concept ◽  
Western World ◽  
Chinese Government ◽  
Personal Privacy ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Definition Of ◽  
The Right ◽  
The Impact

This article suggests the Chinese government should establish systematic legal protection for personal privacy in China. First, a brief introduction to the history of the concept of privacy in China is given. Based on the definition of privacy in the Western world, the modern concept of privacy has been absorbed by Chinese scholars and defined according to Chinese norms. During this process, the subjects and objects of the right to privacy have been chosen and the distinctions between the right to privacy, the right of reputation and the right to know have been made clear. This article considers that it is most important to recognise the right to privacy as an independent right both in the Constitution and Civil Code. Depending on the impact of the breach of privacy, liability for civil or criminal punishment should attach.  Besides these measures, a specific data protection law is also essential. 

scholarly journals The impact of strategy and organizational factors on corporate entrepreneurship

2011 ◽  
Vol 8 (2) ◽  
pp. 252-258
Author(s):  
Johan Hough ◽  
Retha Scheepers
Keyword(s):  
South African ◽  
Entrepreneurial Orientation ◽  
Organizational Factors ◽  
Organizational Structures ◽  
Corporate Entrepreneurship ◽  
Strategic Leadership ◽  
Cross Sectional ◽  
Entrepreneurial Behaviour ◽  
The Right ◽  
The Impact

Large companies create new businesses as an innovative way of solving challenging problems but also see new internal ventures as a way of increased entrepreneurial behaviour and sustained differentiation. However, strategic leadership is crucial to develop an organizational environment needed to increase the entrepreneurial orientation and motivation in established businesses. This paper focus on strategic leadership and selected salient organizational factors that aid in the development of corporate entrepreneurship (CE). A cross sectional telephone survey of 315 South African companies indicated that strategic leadership of an enterprise is crucial to create the right environment and develop and support organizational structures and CE. Strategic leadership which encourages autonomy and provides rewards for entrepreneurial behaviour creates a supportive organizational structure to strengthen corporate entrepreneurship.

scholarly journals Novas considerações sobre o acesso ao Patrimônio Musical no Brasil | New considerations on access to Brazilian musical heritage

2011 ◽  
Vol 7 (2) ◽  
Author(s):  
André Guerra Cotta
Keyword(s):  
Cultural Heritage ◽  
Digital Technologies ◽  
Current Situation ◽  
Legal Restrictions ◽  
Right To Information ◽  
Definition Of ◽  
The Right ◽  
The Impact ◽  
Musical Heritage ◽  
Methodological Difficulties

Resumo Este artigo traz considerações sobre o direito à informação no campo da musicologia no Brasil, especialmente sobre o acesso a fontes musicais manuscritas. O autor compara a situação atual com o contexto de fins da década de 1990, apresentando exemplos concretos de avanço em termos de acessibilidade das fontes e reflexões sobre o impacto das tecnologias digitais na área em foco. Finalmente, aponta aspectos em que não houve tranformações significativas, tais como as restrições legais, as dificuldades metodológicas e a falta de mobilização coletiva para a discussão e definição de políticas públicas voltadas para o tratamento e a conservação do Patrimônio Musical no Brasil. Palavras-chave música brasileira, musicologia histórica, acervos, digitalização, patrimônio cultural Abstract This article presents considerations about the right to information in the field of musicology in Brazil, especially on the accessibility to hand-written musical sources. The author compares the current situation with the context of the late 1990s, giving positive examples in terms of accessibility of the sources and reflections on the impact of digital technologies in the area in focus. Finally, we discuss aspects in which there were no significant transformations, such as legal restrictions, methodological difficulties and the lack of collective mobilization for the discussion and definition of public policies for the care and preservation of musical heritage in Brazil. Keywords brazilian music, historical musicology, collections, digitization, cultural heritage

scholarly journals THE NOTION OF THE CLAIM: PROBLEMS OF DEFINITION

Lex Russica ◽  
2020 ◽  
pp. 28-40
Author(s):  
V. N. Ivakin
Keyword(s):  
Civil Rights ◽  
Public Law ◽  
Administrative Procedure ◽  
Legitimate Interest ◽  
The Russian Federation ◽  
The Common ◽  
Definition Of ◽  
The Right ◽  
The Impact ◽  
Latin Term

The main form of protection of civil rights (in the broad sense) is the form of action bringing, the impact of which has increased significantly as a result of the transition to a market economy. This form has gained even wider application with the adoption of the Code of Administrative Procedure of the Russian Federation of March 8, 2015, that has introduced the institution of an administrative action in relation to cases arising from administrative and other relations regulated in the context of public law. However, the question concerning the concept of the action, regarding which in the legal science several concepts are being applied, remains unclear and the paper examines different concepts dealing with the notion of the action. In particular, according to the author, the term “action” does not mean a legal act. This view is based on the common identification of the Russian term “isk” with the Latin term actio that literally meaning “action.” The article also subjects to extensive criticism an outdated doctrine about the action in procedural and substantive senses. Attention is also drawn to the shortcomings of the doctrine that treats the action as the unity of the two parties — procedural (the applicant’s claim to the court) and substantive (the applicant’s claim to the defendant). The author has examined the inconsistency of the doctrine of the lawsuit developed by G. L. Osokina treating the action as the claim to protect a right and at the same time to admit the existence of the right to bring an action in a procedural and substantive sense. Also, the article analyzes the shortcomings of the definitions of the action given by V. V. Yarkov and O. V. Isaenkova. In conclusion, the author substantiates and gives his own definition of the concept of the action as the request addressed to court by the person concerned, submitted and considered in a certain procedural order in order to protect the violated right. The concept under consideration is also defined as the right that requires confirmation, freedom or legitimate interest and the direct exercise of the right or the satisfaction of a legitimate interest for which another person is held liable.

scholarly journals The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective

2017 ◽  
Vol 16 (4) ◽  
pp. 284
Author(s):  
Johan Kruger ◽  
Clarence Itumeleng Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Freedom Of Association ◽  
Labour Relations ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right ◽  
The Impact

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation. The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level.  It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.

scholarly journals Sexual Assault Cases at the Alberta Court of Appeal: The Roots of Ewanchuk and the Unfinished Revolution

2014 ◽  
Vol 52 (1) ◽  
pp. 127 ◽  
Author(s):  
Janine Benedet
Keyword(s):  
Sexual Assault ◽  
Criminal Law ◽  
Law Reform ◽  
Sexual Offences ◽  
Rape Law ◽  
Rape Law Reform ◽  
Definition Of ◽  
Court Of Appeal

This article surveys rape law reform efforts in Canadian criminal law by mapping these changes onto the decisions of the Alberta Court of Appeal. First, the article outlines how decisions in the 1970s and 1980s reflected ideas and assumptions about sexual offences. It then traces how these ideas were challenged in law reform efforts in 1983 and 1992. Next the article turns to the definition of non-consent and the Ewanchuk case, and how the reasons at the Court of Appeal reflect evolving attitudes to sexual assault. Finally, the article ends with reflections on sexual assault law following the Ewanchuk decision.

scholarly journals Why is it so hard to take lawful strike action in Australia?

2019 ◽  
Vol 61 (1) ◽  
pp. 129-144 ◽  
Author(s):  
Shae McCrystal
Keyword(s):  
Regulatory System ◽  
Tipping Point ◽  
Legal Regime ◽  
Industrial Action ◽  
Current Controversy ◽  
The Law ◽  
Definition Of ◽  
The Right ◽  
The Impact

This current controversy analyses the legal impediments to taking lawful strike action for workers in Australia, reviewing the components of the regulatory system that combine to restrict access to strike action for Australian workers. The discussion explores the flaws underlying the enactment of the right to strike, the limitations surrounding the definition of industrial action, the prerequisites to lawful strike action including the problems that arise from the pre-strike ballots regime, the grounds on which lawful strike action can be stopped, and the consequences of getting it wrong. The picture presented by the legal regime for strike action is that the impact of the regime is greater than the sum of its parts – making it very difficult to strike even for the most seasoned industrial players. It is possible that strike regulation in Australia has reached a tipping point whereby the costs associated with getting it right may now be so high that simply abandoning the lawful path and engaging in unlawful strike action may be more appealing than complying with the law.

scholarly journals Criteria for Housing Design with Emphasis on Comparison between Traditional and Today Contemporary Iranian Architecture

2016 ◽  
Vol 9 (6) ◽  
pp. 182
Author(s):  
Tahereh Nasr
Keyword(s):  
Design Pattern ◽  
Field Method ◽  
Traditional Architecture ◽  
Housing Design ◽  
Residential Architecture ◽  
Definition Of ◽  
The Individual ◽  
The Right ◽  
House Design ◽  
The Impact

<p>Settling in the cities and the numerous efforts being made for massive supply of houses in a short time period, makes difficult the access to a pattern as appropriate for family life with increase in concentration in building construction, the individual and family borders, too, are neglected.</p><p>Though due to the extensiveness and complexity of the concept of housing, one cannot give a comprehensive, unique definition of it, but the housing, as a shelter, is regarded as the primary and basic needs of the family.</p><p>House as a place for relaxation and comfort and a shelter for removing tiredness has been a peace and security locality from a long time ago. House demand is one of the most essential human`s demands. According to Article 31 of fundamental law of Islamic Republic of Iran also, possessing a suitable house is considered as the right for every person and every Iranian family. House not only as a shelter, but also as a place for humans raise, has a great importance in the initial and most fundamental society union, namely family.</p><p>Identifying the identity and investigating the residential complexes in regard to the aesthetics implies the precise and conscious observing and noticing their beauties and or ugliness.</p><p>Main Questions in this paper are:</p><ul><li>What are the consequences of disregarding the identity of today's housing architecture, especially the architecture of the ancient towns?</li><li>Can the components of Iranian traditional architecture be applied in today contemporary residential architecture and be effective to create a sense of place?</li></ul><p>So the main purpose of this article is Pathology of Today Contemporary Iranian housing Architecture and Comparison with traditional Iranian architecture.</p><p>The method explored is a descriptive-analytical and field method to gather information and documents are available. The impact of known factors and variables in Iranian contemporary and traditional residential architecture has been evaluated and compared.</p><p>Accordingly, having some criteria for achieving a suitable house design pattern is essential in a way that makes it possible to understand all its visual embodiments and identify its identity.</p>This research also state the reasons for disability of today`s architecture and urban development against house problem and recommend some criteria for achieving a house design pattern after an overview of the definition of housing and examination of Iranian housing.

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