Legal and Social Viability of Polygamy: An Analysis

2012 ◽  
Vol 8 ◽  
pp. 397-414
Author(s):  
Abdul Haseeb Ansari ◽  
Kyaw Hla Win Md. Hassan Ahmed
Keyword(s):  
Sexual Desire ◽  
Equal Treatment ◽  
Human Right ◽  
Legal Principles ◽  
Muslim Countries ◽  
Contagious Disease ◽  
The Family ◽  
Males And Females ◽  
The Right ◽  
Do So

In Islam, a Muslim male is allowed to have up to four wives provided all wives are treaty equally and do not suffer from any kind of discrimination. The divine injunction of equal treatment is actually for protecting rights of the wives. It is for this reason that many Muslim countries have enacted laws for providing protection to wives. One of the notable legal principles is that a man, who has a wife, cannot marry with another female without permission of the first wife, and so on; or he can do so if allowed by the court of competent jurisdiction. Some other countries, like Tunisia, have banned polygamy. This, in effect, is denial to the right guaranteed in the Sharʑah to both Muslim males and females, as in certain circumstances polygamy brings happiness to the family. For example, if wife is suffering from some kind of contagious disease and the husband is deprived of fulfilling his sexual desire, in view of the ban, he will have to divorce his first wife in order to marry with some other female. In India, in such a situation, there are reports that the firs wife, who is already in agony of a disease, is either burned or divorced on the basis of mutual consent, which is generally based on duress or payment of inappropriate amount of money. This is violation of matrimonial rights guaranteed by the Sharʑah and constitutions of modern states. The paper discusses the human right aspect of polygamy referring to various religious positions and law in some Muslim countries. The paper concludes that polygamy should be allowed but law should be designed in such a way that the divine injunction of equal treatment of all wives is ensured.

scholarly journals Pravo na palijativnu skrb za djecu u Republici Hrvatskoj

2020 ◽  
Vol 55 (2) ◽  
pp. 82-91
Author(s):  
Marina Milić Babić ◽  
Marina Hranj
Keyword(s):  
Palliative Care ◽  
Right To Health ◽  
Human Right ◽  
Her Family ◽  
Right To Health Care ◽  
Starting Point ◽  
The Family ◽  
The Republic ◽  
The Right

Palliative care for children means active, complete care on physical, psychological, social and spiritual levels, and it includes collaboration and active work with the family. Palliative care for children lasts during the period of illness and continues after the death of the child in the form of expert assistance to the family in their grief. Such care follows the principles of individual, holistic, transdisciplinary and biopsychosocial-spiritual approaches that come together in promoting the quality of life of a child and his or her family. Numerous legal sources are the starting point for defining palliative care for children as a fundamental human right to health care, as well as for defining basic actions within this fundamental right. The right to palliative care includes rights from different systems, and collaboration and linking of different disciplines are needed in order to meet the needs of the child and his family. The aim of this paper is to present crucial knowledge in the field of palliative care for children and to examine how this right is implemented and legally regulated in the Republic of Croatia.

scholarly journals The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

2017 ◽  
Vol 7 (1) ◽  
Author(s):  
M.Sc. Albana Metaj-Stojanova
Keyword(s):  
Family Life ◽  
Nuclear Family ◽  
Legal Framework ◽  
Human Right ◽  
Family Structures ◽  
Degree Of Protection ◽  
Republic Of Macedonia ◽  
The Family ◽  
The Republic ◽  
The Right

The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR). The family structure and the concept of family life have changed dramatically over the last few decades, influenced by the everchanging social reality of our time and the decline of the institution of marriage. Aside from the traditional European nuclear family composed of two married persons of opposite sex and their marital children, new forms of family structures have arisen. LGTB families are at the centre of the ongoing debate on re-defining marriage and the concept of family life. The aim of this paper is to analyse the degree of protection accorded to family life and to the right to marry, which has long been recognized as one of the vital personal rights essential to the pursuit of happiness by free men by both, international acts ratified by the Republic of Macedonia and the legal system of the country. The methodology applied is qualitative research and use of the analytical, historical and comparative methods. The paper concludes that in general Republic of Macedonia has a solid legal framework, in compliance with the international law, that protects and promotes the right to family life.

scholarly journals ADVOKASI PELAYANAN KESEHATAN BAGI BURUH PEREMPUAN

2019 ◽  
Vol 15 (1) ◽  
pp. 30-38
Author(s):  
Nurkhayati Nurkhayati
Keyword(s):  
Human Rights ◽  
Social Protection ◽  
National Development ◽  
Self Esteem ◽  
Single Parent ◽  
Equal Treatment ◽  
The Family ◽  
The Right ◽  
Real Action

Abstract. Employment development as integral part of national development based on Pancasila and the 1945 Constitution, is held in order development human completely and development the entire Indonesian community for improve dignity, respect and self-esteem of workers and manifest the society whose prosperous, fair, affluent physically and spiritually. Given the importance of the role of laborers in development, especially in the production process, it is naturally that protection, maintenance and development for the welfare of laborers, especially women laborers, should be carried out. Because the laborer position is very weak in compare with the bussinesmen. The position of weak laborer requires the bussiness men to give away social protection guarantee to their laborers. Social guarantee is the right of entire citizen including permanent foreigners. Violations of the implementation of social guarantee means violations of human rights (HAM). This is in line with the mandate of the 1945 Constitution that has been amended namely article 28 letters d (1 and 2),  letter h (3), and article 34 (2); state that the country protects every citizens and entitled on protection from all kinds of danger, intimidation and equal treatment in carrying out their life. In fact, not all companies giving socal guarantee for their laborers, especially women laborers. In which many women laborers are still catagorized as single even though they are the backbone of the family,—because of having unemployed husband or as single parent. Thus, real action in form of advocacy is needed to change the company’s policies. Advocacy is a powerful way to bring positive changes and empower people in their lives.Abstrak. Pembangunan ketenagakerjaan sebagai bagian integral dari pembangunan nasional berdasarkan Pancasila dan Undang-undang dasar 1945, dilaksanakan dalam rangka pembangunan manusia seutuhnya dan pembangunan masyarakat Indonesia seluruhnya untuk meningkatkan harkat, martabat dan harga diri tenaga kerja serta mewujudkan masyarakat sejahtera, adil, makmur dan materiil maupun spriritual. Mengingat pentingnya peranan buruh dalam pembangunan khususnya dalam proses produksi, sudah sewajarnya dilakukan perlindungan, pemeliharaan dan pengembangan terhadap kesejahteraan buruh khususnya buruh perempuan, karena posisi buruh yang sangat lemah jika dibandingkan dengan posisi pengusaha. Posisi buruh yang lemah mengharuskan pengusaha untuk memberikan perlindungan jaminan sosial terhadap para pekerjanya. Jaminan sosial merupakan hak setiap warga negara bahkan termasuk warga negara asing yang menetap. Pelanggaran terhadap pelaksanaan jaminan sosial berarti pelanggaran terhadap hak asasi manusia (HAM). Hal ini sejalan dengan amanat UUD 45 yang telah diamandemen yaitu pasal 28 huruf d (1 dan 2) dan huruf h (3) juga pasal 34 (2); pasal-pasal tersebut menjelaskan bahwa negara melindungi setiap warganya dan berhak atas perlindungan dari segala macam bahaya, intimidasi dan perlakukan yang sama dalam menjalankan hidupnya. Dalam pelaksanaan dilapangan, tidak semua perusahaan melaksanakan jaminan sosial bagi para buruhnya, terutama buruh perempuan. Dimana banyak buruh perempuan yang masih dikategorikan lajang padahal mereka adalah tulang punggung keluarga, baik karena suami yang tidak bekerja maupun sebagai single parent. Sehingga dibutuhkan tindakan nyata dalam bentuk advokasi untuk merubah kebijakan perusahaan tersebut. Advokasi adalah cara ampuh untuk membawa perubahan positif dan memberdayakan orang dalam kehidupan mereka. 

The Right to Science

2021 ◽  
Keyword(s):  
Open Access ◽  
International Law ◽  
Life Extension ◽  
Science And Society ◽  
Dual Use ◽  
Human Right ◽  
Ideal Tool ◽  
The Right ◽  
Do So

That everyone has a human right to enjoy the benefits of the progress of science and its applications comes as a surprise to many. Nevertheless, this right is pertinent to numerous issues at the intersection of science and society: open access; 'dual use' science; access to ownership and dissemination of data, knowledge, methods and the affordances and applications thereof; as well as the role of international co-operation, human dignity and other human rights in relation to science and its products. As we advance towards superintelligence, quantum computing, drone swarms, and life-extension technology, serious policy decisions will be made at the national and international levels. The human right to science provides an ideal tool to do so, backed up as it is by international law, political heft, and normative weight. This book is the first sustained attempt at turning this wonder of foresight into an actionable and justiciable right. This title is also available as Open Access on Cambridge Core.

The Child's Right to Die at Home

PEDIATRICS ◽  
1966 ◽  
Vol 38 (5) ◽  
pp. 925-925
Author(s):  
ENRICO DAVOLI ◽  
JOSEPH C. EVERS
Keyword(s):  
Terminally Ill ◽  
Economic Situation ◽  
Right To Die ◽  
Number Of Children ◽  
The Family ◽  
The Right ◽  
Emotional Strength ◽  
Do So ◽  
At Home

If circumstances permit, we believe that the terminally ill and incurable child should be given the right to die at home. The child's disease, the physical and emotional strength of the parents, the number of children in the family, and the economic situation of the family must certainly be considered. There are some parents who could not face the problem at home and we do not feel that they should be forced to do so. Quite recently we had the sad experience of treating a 4½-year-old boy with neuroblastoma.

scholarly journals DEFINING THE RIGHT TO STRIKE: A COMPARATIVE ANALYSIS OF INTERNATIONAL LABOUR ORGANIZATION STANDARDS AND SOUTH AFRICAN LAW

Obiter ◽  
2021 ◽  
Vol 33 (2) ◽  
Author(s):  
Mohamed Alli Chicktay
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
The Other ◽  
International Labour Organization ◽  
International Labour Organisation ◽  
Human Right ◽  
South African Constitution ◽  
The Right ◽  
Do So

The right to strike is a fundamental human right recognized in international law and the South African Constitution. If “strike” is defined too narrowly it would deny protection that would normally be given to employees who would otherwise be participating in a strike. On the other hand if “strike” were defined too broadly it would categorize as strike action that would not normally be regarded as a strike: thus subjecting these employees to serious consequences that result from participating in an unprotected strike. These may include dismissals, interdicts and claims for compensation. South Africa has a constitutional obligation to comply with international law when interpreting human rights. The purpose of this article is to determine whether South African law defines “strike” in compliance with International Labour Organisation standards and to make suggestions for amendments to the lawwhere it fails to do so.

scholarly journals Literature as a human right

2019 ◽  
Vol 5 (2) ◽  
pp. 515-538 ◽  
Author(s):  
Carolina Reis Theodoro da Silva ◽  
Pedro Pulzatto Peruzzo
Keyword(s):  
Psychological Aspect ◽  
Social Aspect ◽  
Human Being ◽  
Human Right ◽  
Right To Education ◽  
Artistic Production ◽  
The Social ◽  
The Individual ◽  
The Right ◽  
Do So

The purpose of this paper is to approach literature as a human right, by analyzing its capability of humanizing the individual and emancipating the subjects, which allows the human being to fully exist. To do so, the analysis is made from both literature’s scientific and artistic production, especially based on the research by Antonio Candido, in order to assess to what extent can literature influence the individuals. Firstly, we approach the personal aspect, due to literature’s humanizing character; Secondly, the psychological aspect, analyzing the role literature plays in the sublimation of drives, and, lastly, the social aspect, seen in its emancipatory potentiality. Finally, we develop the relation between the right to literature, the right to education and the right to culture. Thus, we seek to emphasize the importance of literature for people to live worthily and completely, precisely because it grants to the human being some of their humanity, which makes undeniable that literature is a human right.

Case of Tumour of the Brain

1874 ◽  
Vol 20 (90) ◽  
pp. 255-256
Author(s):  
F. A. W. Skae
Keyword(s):  
The Family ◽  
Great Pain ◽  
The Right ◽  
The Brain ◽  
Do So ◽  
As If

Daniel Kenny, æt. 60-70, admitted 22nd July, 1873, quarryman, married, first attack, which has lasted two months; no insanity known to be in the family; has always been a sober, respectable man. About the end of January began to complain of pain in the right side of his head, and used to ask his wife to put her hand there and feel if there was nothing unusual. He was a little irritable and down-hearted, but his wife did not notice anything further wrong with him till 14th May. On that day he came home from the quarry at two o'clock, complaining of great pain in his head. He had felt light in the head and dizzy, and appeared pale and faint when at his work, so that the overseer sent him home. He went to his bed, and had convulsions three times. He then became excited and wanted to get out, but his arm and leg were paralysed. His mind was quite changed after the fits, and never returned to its former condition. He was now unable to speak distinctly, except in short snatches. He could curse and swear freely; and when pressed to take food he would say no, or “I am not hungry,” or “don't bother me.” Once again, about 14th June, he had another slight fit. He gradually got worse, and more difficult to manage. He would not take his food—did not seem to have the sense to do so, and if left to himself would stuff the bed-clothes into his mouth. He recovered a little from the paralysis, and generally at four in the morning, his habitual rising hour, he attempted to get up and go out to his work. On the 12th July, he had got up, and was fumbling with a heavy block of wood, which he mistook for a crane; he fell and hurt his arm, after which he kept his bed. He continued very restless, and in a state of total confusion; working with the bed-clothes as if they were stones which he was hoisting up by the crane; swearing and shouting directions to his fellow workmen, and quite unable to recognise his wife.

The Process of Granting Exclusive Rights in the Light of Treaty Rules on Free Movement

2011 ◽  
Vol 12 (7) ◽  
pp. 1408-1445 ◽  
Author(s):  
Marek Szydło
Keyword(s):  
Free Movement ◽  
Equal Treatment ◽  
Public Authorities ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Sufficient Degree ◽  
The Many ◽  
The Right ◽  
Do So

After theSporting ExchangeandErnst Engelmannrulings of the European Court of Justice (ECJ) in 2010, it is now entirely clear that the process of granting exclusive rights to undertakings must be conducted in compliance with the Treaty rules on free movement, particularly in accordance with the consequent principles of non-discrimination, equal treatment and transparency, irrespective of whether the right is awarded by means of a public contract or by other legal means (public or private). Thus, even if public authorities wish to exclude competition in a given market due to justified reasons, and are authorized by EU law to do so, they must nonetheless ensure a sufficient degree of competition for that market so as to ensure an undistorted rivalry of the various market operators at the stage of application for that right. It is submitted that the public authorities granting exclusive rights should not complain about the requirements that are imposed upon them by the TFEU rules. After all, by granting exclusive rights within competitive and transparent procedures, the public authorities have an excellent chance to select, from among the many potentially interested operators— including those from other Member States— beneficiaries that will best serve the needs of the relevant community. In turn, if they want to depart from those requirements, they must substantiate the existence of a clearly defined public interest that is capable of outweighing the benefits resulting from a competitive and transparent procedure.

scholarly journals ADVOKASI PELAYANAN KESEHATAN BAGI BURUH PEREMPUAN

2019 ◽  
Vol 14 (1) ◽  
pp. 30-38
Author(s):  
Nurkhayati Nurkhayati
Keyword(s):  
Human Rights ◽  
Social Protection ◽  
National Development ◽  
Self Esteem ◽  
Single Parent ◽  
Equal Treatment ◽  
The Family ◽  
The Right ◽  
Real Action

Abstract. Employment development as integral part of national development based on Pancasila and the 1945 Constitution, is held in order development human completely and development the entire Indonesian community for improve dignity, respect and self-esteem of workers and manifest the society whose prosperous, fair, affluent physically and spiritually. Given the importance of the role of laborers in development, especially in the production process, it is naturally that protection, maintenance and development for the welfare of laborers, especially women laborers, should be carried out. Because the laborer position is very weak in compare with the bussinesmen. The position of weak laborer requires the bussiness men to give away social protection guarantee to their laborers. Social guarantee is the right of entire citizen including permanent foreigners. Violations of the implementation of social guarantee means violations of human rights (HAM). This is in line with the mandate of the 1945 Constitution that has been amended namely article 28 letters d (1 and 2),  letter h (3), and article 34 (2); state that the country protects every citizens and entitled on protection from all kinds of danger, intimidation and equal treatment in carrying out their life. In fact, not all companies giving socal guarantee for their laborers, especially women laborers. In which many women laborers are still catagorized as single even though they are the backbone of the family,—because of having unemployed husband or as single parent. Thus, real action in form of advocacy is needed to change the company’s policies. Advocacy is a powerful way to bring positive changes and empower people in their lives.Abstrak. Pembangunan ketenagakerjaan sebagai bagian integral dari pembangunan nasional berdasarkan Pancasila dan Undang-undang dasar 1945, dilaksanakan dalam rangka pembangunan manusia seutuhnya dan pembangunan masyarakat Indonesia seluruhnya untuk meningkatkan harkat, martabat dan harga diri tenaga kerja serta mewujudkan masyarakat sejahtera, adil, makmur dan materiil maupun spriritual. Mengingat pentingnya peranan buruh dalam pembangunan khususnya dalam proses produksi, sudah sewajarnya dilakukan perlindungan, pemeliharaan dan pengembangan terhadap kesejahteraan buruh khususnya buruh perempuan, karena posisi buruh yang sangat lemah jika dibandingkan dengan posisi pengusaha. Posisi buruh yang lemah mengharuskan pengusaha untuk memberikan perlindungan jaminan sosial terhadap para pekerjanya. Jaminan sosial merupakan hak setiap warga negara bahkan termasuk warga negara asing yang menetap. Pelanggaran terhadap pelaksanaan jaminan sosial berarti pelanggaran terhadap hak asasi manusia (HAM). Hal ini sejalan dengan amanat UUD 45 yang telah diamandemen yaitu pasal 28 huruf d (1 dan 2) dan huruf h (3) juga pasal 34 (2); pasal-pasal tersebut menjelaskan bahwa negara melindungi setiap warganya dan berhak atas perlindungan dari segala macam bahaya, intimidasi dan perlakukan yang sama dalam menjalankan hidupnya. Dalam pelaksanaan dilapangan, tidak semua perusahaan melaksanakan jaminan sosial bagi para buruhnya, terutama buruh perempuan. Dimana banyak buruh perempuan yang masih dikategorikan lajang padahal mereka adalah tulang punggung keluarga, baik karena suami yang tidak bekerja maupun sebagai single parent. Sehingga dibutuhkan tindakan nyata dalam bentuk advokasi untuk merubah kebijakan perusahaan tersebut. Advokasi adalah cara ampuh untuk membawa perubahan positif dan memberdayakan orang dalam kehidupan mereka. 

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