Reflecting on Former Chief Justice Ngcobo’s Approach to Gender Equality: Revisiting the Jordan and Volks Judgments

2018 ◽  
Vol 32 (1&2) ◽  
Author(s):  
Ntombizozuko Dyani-Mhango
Keyword(s):  
Social Context ◽  
Gender Equality ◽  
Significant Role ◽  
Sex Workers ◽  
Bill Of Rights ◽  
Scholarly Work ◽  
Legal Rules ◽  
Chief Justice ◽  
Duty To Protect

More than a decade ago, Ngcobo CJ upset gender scholars and activists in two judgments for failing consider the interface between social context and legal rules in relation to women as sex workers, in one instance, and those who are in unmarried permanent life partnerships, in another. These two judgments were the topics of much scholarly work. Further, there have been recent legal developments in relation to these two issues. This article examines these criticisms with a view to reflecting on Ngcobo CJ’s jurisprudence on gender equality in relation to Jordan and Volks. The aim is not to determine the validity or invalidity of these claims, but to highlight the issues raised in order to discuss Ngcobo CJ’s legacy in relation to these two judgments. The latest developments since the two cases will also be examined. The article emphasises the significant role of the Legislature and argues that the Legislature has a constitutional duty to protect the rights enshrined in the Bill of Rights: the time has arrived for it legislate on these issues.

scholarly journals PERAN SOSIAL PEREMPUAN DALAM ISLAM: KAJIAN HISTORIS-NORMATIF MASA NABI DAN KHULAFA’ RASYIDUN

EGALITA ◽  
2012 ◽  
Author(s):  
M. Hadi Masruri
Keyword(s):  
Gender Equality ◽  
Significant Role ◽  
Social Role ◽  
Pilot Project ◽  
Religious Doctrine ◽  
Historical Root ◽  
History Of ◽  
Women's Role ◽  
Economics And Politics

The debate on women’s social role in Islam is an endless issue. What hasbeen done by contemporary muslim thinkers to cover women issues is notenough to influence central feminism issue, gender equality and genderequity. It can be shown from the stereotype for women to limit women’ssocial role only in domestic area still exists. The stereotype on womenis based on the understanding religious doctrine which is inherited byprevious generation and it is considered to have historical root in Prophet’stradition and His followers. This writing tries to prove that   in the age ofthe Prophet and the age of khulafa ar Rasyidun can be the pilot project ofsocial role of women historically as well as normatively. At least, womenplayed significant role during that age in social, economics, and politics areas. All the facts of women’s role are included within Qur’an and hadith and they are also released in classical history of Islam such as Tarikh alThabariand Thabaqat Ibn Sa’ad.

The Role of Muslim Women in Civil Society In Promoting Values and Principles for Building Peace: Action Guide from The Qur’ān

Sains Insani ◽  
2019 ◽  
Vol 4 (1) ◽  
pp. 30-36
Author(s):  
Che Amnah Bahari ◽  
Fatimah Abdullah
Keyword(s):  
Civil Society ◽  
Lifelong Learning ◽  
Significant Role ◽  
Textual Analysis ◽  
Muslim Women ◽  
Peace Building ◽  
Analysis Method ◽  
Pluralistic Society ◽  
Women And Children

The whole world, the Muslim in particular has witnessed conflicts in different areas, which have hindered the developmental efforts of the nations concerned. It should be learned that most victims of these conflicts are women and children. This article attempts to elaborate the role of Muslims Women as a crucial segment in civil society in initiating peace building through nurturing process. It maintains that the adoption of the principles and values derived from the Qur’ān and Sunnah of the Prophet is necessary as a process of lifelong learning.  Those identified values constituted the framework of this article and it adopts the textual analysis method.   This article concludes that through the implementation of those values and frameworks for peace building, women as one of the important segments of civil society are able to play significant role towards initiating peace building and promoting peaceful co-existence in pluralistic society. Abstrak: Dunia Islam khususnya telah menyaksikan konflik di pelbagai daerah yang berbeza. Konflik ini telah menghalang usaha kearah pembangunan Kawasan yang berkenaan. Kebanyakan mangsa konflik ini adalah wanita dan kanak-kanak. Artikel ini cuba untuk menghuraikan peranan wanita Islam sebagai segmen penting dalam masyarakat madani dalam membangun proses kedamaian dengan mendidik dan memupuk prinsip dan nilai murni janaan al-Qur’an. Penggunaan prinsip dan nilai yang dikutip dari ayat-ayat Qur'an dan hadis Rasulullah adalah keperluan yang mendesak sebagai wadah bagi proses pembelajaran sepanjang hayat. Nilai-nilai yang dikenal pasti merupakan rangka kerja artikel ini, dan metod yang dirujuk adalah analisis teks. Artikel ini menyimpulkan bahawa melalui pelaksanaan nilai-nilai dan kerangka kerja Islam bagi proses kedamaian, wanita Islam dalam masyarakat madani mampu memainkan peranan penting dalam memulakan pembinaan keamanan dan menggalakkan kehidupan yang harmonis, sejahtera dan saling bantu membantu dalam masyarakat majmuk.

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

POLICY CHANGE – THE ROLE OF IDEAS AND POLICY ENTREPRENEURS

2018 ◽  
pp. 63-72
Author(s):  
Arwanto Arwanto ◽  
Wike Anggraini
Keyword(s):  
Policy Change ◽  
Significant Role ◽  
Policy Process ◽  
Policy Entrepreneurs ◽  
Multiple Streams ◽  
Policy Makers ◽  
Problem Framing ◽  
Exogenous Factors ◽  
The Relationship

ABSTRACT Understanding policy process involves many distinctive approaches. The most common are institutional, groups or networks, exogenous factors, rational actors, and idea-based approach. This paper discussed the idea-based approach to explain policy process, in this case policy change. It aims to analyse how ideas could assist people to understand policy change. What role do they play and why are they considered as fundamental element? It considers that ideas are belong to every policy actor, whether it is individual or institution. In order to answer these questions, this paper adopts Kingdon’s multi streams approach to analyse academic literatures. Through this approach, the relationship between ideas and policy change can be seen clearer. Ideas only can affect in policy change if it is agreed and accepted by policy makers. Therefore the receptivity of ideas plays significant role and it emerges policy entrepreneurs. They promote ideas (through problem framing, timing, and narrative construction) and manipulate in order to ensure the receptivity of ideas. Although policy entrepreneurs play significant role, political aspects remains the most important element in the policy process. Keywords: policy change, ideas, idea-based approach, Kingdon’s multiple streams, policy entrepreneurs.

A Good Sentencing Precedent is Hard to Find

2020 ◽  
Vol 32 (3) ◽  
pp. 138-144
Author(s):  
Brian A. Jacobs
Keyword(s):  
United States ◽  
Significant Role ◽  
College Admissions ◽  
The Body ◽  
Federal Law ◽  
Criminal Cases ◽  
Federal Sentencing

In federal criminal cases, federal law requires that judges consider the sentences other courts have imposed in factually similar matters. Courts and parties, however, face significant challenges in finding applicable sentencing precedents because judges do not typically issue written sentencing opinions, and transcripts of sentencings are not readily available in advanced searchable databases. At the same time, particularly since the Supreme Court’s 2005 decision in United States v. Booker, sentencing precedent has come to play a significant role in federal sentencing proceedings. By way of example, this article discusses recent cases involving defendants with gambling addictions, and recent cases involving college admissions or testing fraud. The article explores the ways the parties in those cases have used sentencing precedent in their advocacy, as well as the ways the courts involved have used sentencing precedent to justify their decisions. Given the important role of sentencing precedent in federal criminal cases, the article finally looks at ways in which the body of sentencing law could be made more readily available to parties and courts alike.

Making gender visible in family business: past and present

2012 ◽  
Vol 13 (1) ◽  
Author(s):  
Paloma Fernández Pérez ◽  
Eleanor Hamilton
Keyword(s):  
Family Business ◽  
Family Firms ◽  
Business Leadership ◽  
Legal Rules ◽  
Developed Economies ◽  
The Family ◽  
Interdisciplinary Synthesis ◽  
Complex Forms ◽  
Rules Of The Game

This  study  contributes  to  developing  our understanding of gender and family business. It draws on studies from the business history and management literatures and provides an interdisciplinary synthesis. It illuminates the role of women and their participation in the entrepreneurial practices of the family and the business. Leadership is introduced as a concept to examine the roles of women and men in family firms, arguing that concepts used  by  historians or economists like ownership and management have served to make women ‘invisible’, at least in western developed economies in which owners and managers have been historically due to legal rules  of  the  game  men,  and  minoritarily women. Finally, it explores gender relations and  the  notion  that  leadership  in  family business  may  take  complex  forms  crafte within constantly changing relationships.

Peranan Negara dalam Liberalisasi Ekonomi Vietnam: Analisis Terhadap Dasar Doi Moi 1986

2020 ◽  
Author(s):  
Muhamad Helmy Sabtu ◽  
◽  
Khairul Azman Mohamad Suhaimy ◽  
Nurul Aimi Razali
Keyword(s):  
Gender Equality ◽  
Foreign Investment ◽  
Economic Performance ◽  
Level Of Education ◽  
Positive Effects ◽  
Doi Moi ◽  
The People ◽  
Effective Policy ◽  
Economic Landscape

This article analyses the role of state in the policy of economic liberalisation in Vietnam. Doi Moi, which was launched in 1986, is a very influential and effective policy in changing the socio-economic landscape of the people in the country. The results of this study prove that there are positive effects on the increase of foreign investment inflows, the eradication of starvation and unruly poverty, the increase of level of education, the improvement of gender equality and women's rights as well as the sustainability of the environment after Doi Moi is implemented. Through Doi Moi, Vietnam is moving towards a developing country status with good economic performance both at the Southeast Asian and global.

Papillon-Lefevre Syndrome: Challenge for Periodontal Management

2019 ◽  
Vol 3 (2) ◽  
pp. 84-86
Author(s):  
Krishna Prasad Lamichhane ◽  
Shaili Pradhan ◽  
Ranjita Shreshta Gorkhali ◽  
Pramod Kumar Koirala
Keyword(s):  
Significant Role ◽  
Autosomal Recessive ◽  
Clinical Manifestations ◽  
Autosomal Recessive Disorder ◽  
Genetic Mutations ◽  
Rare Autosomal Recessive Disorder ◽  
Diagnosis And Management ◽  
Periodontal Destruction ◽  
Palmoplantar Keratosis

Papillon-Lefèvre syndrome (PLS) is a rare autosomal recessive disorder associated with rapidly progressing periodontitis leading to premature loss of deciduous and permanent dentition and diffuse palmoplantar keratosis. Immunologic alterations, genetic mutations, and role of bacteria are some aetiologic factors. Patients present with early periodontal destruction, so periodontists play a significant role in diagnosis and management. This paper reports a case of Papillon- Lefevre syndrome with its clinical manifestations and challenges for periodontal management which was diagnosed in dental department.

Challenges for Entrepreneurs of ‘Religious Tourism Circuits’: A Study of ‘Holy City’ Kurukshetra

2019 ◽  
Vol 5 (02) ◽  
Author(s):  
Reeti Gupta
Keyword(s):  
Significant Role ◽  
Uttar Pradesh ◽  
Cultural Tourism ◽  
Policy Makers ◽  
Tourist Destinations ◽  
Travel Agencies ◽  
Religious Tourism ◽  
Restaurant Owners ◽  
Holy City

Government of India launched a ‘Swadesh Darshan Scheme’ in January 2015 that pinpoints 13 designated circuits including Ramayana circuit, Krishna Circuit, Buddhist Circuit, and Spiritual Circuit to promote religious and cultural tourism in the country. Kurukshetra is a ‘Holy City’ of State of Haryana that is recently been added in ‘Krishna Religious Tourism Circuit’. ‘Krishna Circuit’ embraces inherent mythology and beliefs pertaining to Lord Krishna and includes different place of Haryana, Uttar Pradesh, Rajasthan, Gujrat, and Odisha for tourism facilitation. This scheme is alleged to contribute significantly in increasing the attractiveness of certain religious tourist destinations. Tourism entrepreneurs like hoteliers, restaurant owners, tour operators, travel agencies as well as religious entrepreneurs (Shinde, 2010) such as religious gurus, priests and managers of temples and ashrams are expected to get benefited from the initiatives proposed in the scheme in varied ways. Given the significant role of this scheme for growth of entrepreneurs, the present study aims to highlight the challenges faced by entrepreneurs that deserve attention of policy makers.

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