scholarly journals Judicial Activism in Regulating ‘Human Rights Violations’ by Police Authorities in India

2017 ◽  
pp. 104-112
Author(s):  
B. Sandeepa Bhat
Keyword(s):  
Human Rights ◽  
Political Influence ◽  
Judicial Activism ◽  
Human Right ◽  
The Public ◽  
The Right To Privacy ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Fundamental Freedoms ◽  
The Right

The human right violations in police’s actions (or inaction) are in the headlines, quite often in India. The fundamental freedoms guaranteedunder the Indian Constitution are often ignored during the course of such police actions, which the Judiciary in India has tried to regulate in many cases. The Supreme Court of India has laid down norms for many areas including custodial death, inhuman treatment in prisons, continued detentions in the prison after the completion of a term of imprisonment, fake encounters, unwarranted breach of the right to privacy of individuals and registering of fraudulent cases. Despite the continued efforts of the Indian Judiciary, the incidents of human right violations by the police have not abated due to two main reasons: a) the strong political influence of the police and b) theignorance of the public, who still fear the police more than anyone else. This paper addresses the topic at hand in three parts. In the first part, the paper analyses the trendsetting judicial verdicts against the violation of human rights by police in India, especially in light of the Constitutional provisions. The second part addresses the problems that are still faced despite the judicial activism in the field and elaborates on the reasons for the continuation of problems. The final part of the paper addresses thesteps that can be taken for strengthening the police reforms to prevent human right violations. It also looks into the need for necessary responses from other stakeholders in the field.

scholarly journals How to uphold a Human Right in the World and Indonesia? A Book Review Hukum Hak Asasi Manusia, Rahayu Hartini, Badan Penerbit Universitas Diponegoro, Semarang, 2015, 408 Pages, ISBN 978-979-70490-6-5

2021 ◽  
Vol 3 (1) ◽  
pp. 117-122
Author(s):  
Mohammad Yufi Al Izhar
Keyword(s):  
Human Rights ◽  
Class Group ◽  
Law Students ◽  
Human Beings ◽  
Human Rights Law ◽  
Human Right ◽  
The Public ◽  
The World ◽  
The Right

Human Rights are basically universal and their rights cannot be taken and revoked by anyone. This is interpreted no matter how bad a person's behavior, a person will still be considered as human as they should be, and will continue to have their rights as human beings, which means that their human rights are inherent and will always be permanently attached to him. Human Rights (HAM) are believed to be the right of life naturally possessed by every human being without exception and a special human thing such as class, group, or social level. Human Rights have basically been championed by humans in all parts of the world throughout the ages. The book written by Prof. Dr. Rahayu, which is very intended for both Faculty of Law students and non-Faculty of Law students, provides an answer to the doubts of the public regarding Human Rights that actually occur in Indonesia and internationally. She also explained the meanings of the struggle of each country that issued their public opinion in the interest of the International, this meant that something that happened in the international arena was certainly a collection of perceptions of settlement within a country. Therefore, Human Rights Law cannot be separated from the main supporting factors which are the material of the countries that make the agreement.

scholarly journals Aproximación a la regulación y contenido del derecho a una alimentación adecuada

2018 ◽  
pp. 183 ◽  
Author(s):  
Juan Manuel Goig Martínez
Keyword(s):  
Human Rights ◽  
National Level ◽  
Human Right ◽  
Public Authorities ◽  
Right To Food ◽  
The Public ◽  
Guiding Principle ◽  
Derechos Humanos ◽  
Adequate Food ◽  
The Right

La alimentación adecuada constituye un derecho humano. Así lo han reconocido oficialmente la gran mayoría de los Tratados Internacionales sobre derechos humanos. Pero existe una gran diferencia entre que un Estado reconozca oficialmente la alimentación como un derecho fundamental en su constitución, o lo haga como un principio rector, puesto que ello dotará al derecho a la alimentación adecuada de una mayor protección, o lo convertirá en un principio de actuación de los poderes públicos. Se puede exigir a los gobiernos garantizar el ejercicio efectivo del derecho a la alimentación de conformidad con las disposiciones constitucionales para otros derechos humanos. Pero, la capacidad de la invocación indirecta de otros derechos humanos para lograr la protección efectiva del derecho a la alimentación en el plano nacional dependerá, en definitiva, de la interpretación jurídica que se haga de la Constitución.Adequate food is a human right. Thus the vast majority of treaties have officially recognized it human rights. But there is a big difference between that a State officially recognizes food as a fundamental right in the Constitution, or do it as a guiding principle, since this will provide the right to adequate food of greater protection, or the It will become a principle of action of the public authorities. You may require Governments to ensuring the effective exercise of the right to food in accordance with the constitutional provisions for other human rights. But the indirect invocation of other human rights capacity to achieve effective protection of the right to food at the national level will depend, ultimately, of the legal interpretation that is made of the Constitution.

Monetary remedies for breach of confidence in privacy cases

Legal Studies ◽  
2007 ◽  
Vol 27 (3) ◽  
pp. 430-464 ◽  
Author(s):  
Normann Witzleb
Keyword(s):  
Human Rights ◽  
Private Information ◽  
European Convention ◽  
Property Law ◽  
The Right To Privacy ◽  
House Of Lords ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Privacy Breaches ◽  
The Right

In Campbell v MGN Ltd, the House of Lords endorsed an expansive interpretation of the breach of confidence action to protect privacy interests. The scope and content of this transformed cause of action have already been subject to considerable judicial consideration and academic discussion. This paper focuses on the remedial consequences of privacy breaches. It undertakes an analysis of the principles which govern awards for pecuniary and non-pecuniary loss, the availability of gain-based relief, in particular an account of profits, and exemplary damages.Even in its traditional scope, the monetary remedies for breach of confidence raise complex issues, mainly resulting from the fact that this doctrine draws on multiple jurisdictional sources such as equity, contract and property law. The difficulties of determining the appropriate remedial principles are now compounded by the fact that English law also aims to integrate its obligation to protect the right to privacy under Art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 into the conceptual framework of the breach of confidence action.The analysis provided in this paper supports the contention that not only the scope of the cause of action but also important remedial issues are likely to remain in doubt until the wrong of ‘misuse of private information’ is freed from the constraints of the traditional action for breach of confidence. A separate tort would be able to deal more coherently and comprehensively with all wrongs commonly regarded as privacy breaches.

3. A legal right

2015 ◽  
Author(s):  
Raymond Wacks
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
European Convention ◽  
Political Rights ◽  
Human Right ◽  
The Right To Privacy ◽  
Individual Privacy ◽  
European Court ◽  
Us Supreme Court ◽  
The Right

Privacy is acknowledged as an essential human right, recognized by a number of international declarations, among which the European Convention on Human Rights and the International Covenant on Civil and Political Rights are the most significant. Interpreting these provisions, the European Court of Human Rights provides important guidance in respect of the attempt to balance privacy against competing rights and interests, and this is briefly discussed. Leading decisions of the courts of various jurisdictions illustrate the problems of definition and the attempt to balance privacy against other competing rights. Cases before the US Supreme Court have generated an enormous, divisive debate concerning, in particular, the subject of abortion, which the Court has conceived to be an element of the right to privacy. A discussion of the celebrated US Supreme Court judgement in Roe v Wade is fundamental to an analysis of the meaning and limits of individual privacy.

Promoting Vaccination from a Human Rights and Equity Perspective: Lessons from the Israeli “Green Pass”

2021 ◽  
Vol 12 (2) ◽  
pp. 308-320
Author(s):  
Tamar LUSTER ◽  
Einat ALBIN ◽  
Aeyal GROSS ◽  
Miriam TABENKIN ◽  
Nadav DAVIDOVITCH ◽  
...  
Keyword(s):  
Human Rights ◽  
Daily Lives ◽  
The Public ◽  
The Right To Privacy ◽  
Temporal Phase ◽  
Israeli Government ◽  
Legal Difficulties ◽  
The Right ◽  
Immunisation Status

Israel’s vaccination percentage was among the highest recorded worldwide. The Israeli government opted for a model using a proof-of-vaccine document (“Green Pass”). However, the “Green Pass” policy raises practical, legal and ethical concerns. While immunisation passports could be utilised to protect one’s health, significant legal difficulties arise from their usage as a vaccination encouragement scheme. Protecting health is a proper purpose, particularly as minimising the pandemic ameliorates the human rights violations that stem from the COVID-19 response, enables individuals to return to their daily lives and enhances economic activity. However, any privileges or restrictions guided by one’s COVID-19 immunisation status must be designed with the utmost attention to prevent a disproportionate violation of the human rights of the non-vaccinated and the public at large. Furthermore, as “Green Pass” policies might entrench existing discriminatory structures, ensuring equality is vital in moving forward. By exploring two case studies – labour rights and the right to privacy – we demonstrate the legal and public implications of the “Green Pass” regime. Despite the removal of the “Green Pass” in Israel, discussions continue regarding its modified reimplementation. The wider implications of the model might extend beyond its specific legal arrangements and limited temporal phase, requiring us to bring long-term public health into consideration.

Justice K.S. Puttaswamy (Ret'd) and Anr v. Union of India and Ors

2017 ◽  
Vol 111 (4) ◽  
pp. 994-1000
Author(s):  
Menaka Guruswamy
Keyword(s):  
Fundamental Rights ◽  
National Database ◽  
Demographic Information ◽  
Right To Privacy ◽  
Fundamental Freedom ◽  
The Right To Privacy ◽  
Supreme Court Of India ◽  
Foreign Law ◽  
The Supreme Court ◽  
The Right

On August 24, 2017, the Supreme Court of India issued a rare, unanimous nine-judge decision holding that the right to privacy is protected by the Constitution of India. The case is all the more noteworthy because the Court reversed its prior decisions holding that the right to privacy was not protected by the country's Constitution. It arose out of the government's creation of a national database of biometric and demographic information for every Indian. Rejecting the government's arguments, the Court found that the right to privacy applies across the gamut of “fundamental” rights including equality, dignity (Article 14), speech, expression (Article 19), life, and liberty (Article 21). The six separate and concurring judgments in Justice K.S. Puttaswamy (Ret'd) and Anr v. Union of India and Ors are trailblazing for their commitment to privacy as a fundamental freedom and for the judges’ use of foreign law across jurisdictions and spanning centuries.

scholarly journals Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the right to privacy in the Constitution of Montenegro

2020 ◽  
pp. 101-114
Author(s):  
Ivan Vukčević
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Critical Approach ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right ◽  
Different Content

The subject of this paper is a comparative analysis of the right to respect for private and family life in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the right to privacy in the Constitution of Montenegro. To this end, the paper presents relevant provisions in these documents along with a critical approach to their (in) compliance, both in the determination of specific rights and in cases of their restriction. The paper seeks to offer an answer to the question on whether this right is adequately implemented in the Constitution of Montenegro, as well as whether its different content, analyzed on the concrete example, requires direct application of international law. The author also seeks to provide information on whether insufficient harmonization of the provisions of international and national law in this area may affect more complete protection of this right. To this end, the paper analyzes one of the cases in which the European Court of Human Rights ruled on the violation of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in relation to Montenegro. Starting from the presented subject matter, at the end of the paper, appropriate conclusions are drawn about possible directions of improvement of existing solutions and practices in which they are realized. Author primarily used normative and comparative law method together with the case-law analysis.

scholarly journals The right of access to a court in Ukraine in the light of the requirements of the Convention on Protection human rights and fundamental freedoms

2021 ◽  
Vol 4 (1) ◽  
pp. 186-198
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
Public Confidence ◽  
Access To Justice ◽  
Human Right ◽  
Legal Provisions ◽  
European Court ◽  
Fundamental Freedoms ◽  
The Right

This note considers the national legal provisions that regulate the procedure and features of a person’s appeal to the court to protect their rights. Taking into account the provisions of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) regarding the right to a fair trial and the case-law of the European Court of Human Rights (ECtHR) on its interpretation, key threats to the effective exercise of access to justice in Ukraine have been identified. The problem of the inconsistency of the system of local general courts with the new administrative-territorial structure at the district level is highlighted. It is demonstrated how the lack of clear and understandable criteria for distinguishing the subject matter jurisdiction of cases affects the ensuring of the human right to an effective court. Particular attention is paid to the staffing of the judiciary and the low level of public confidence in the judiciary. The authors have analysed the validity of the application of such procedural restrictions as the court fee for filing a lawsuit and the classification of ‘insignificant cases’, which are impossible to appeal. On this basis, it is concluded that the existence of such restrictions on access to court cannot be considered a violation of the right to a fair trial if such restrictions are justified and proportionate to the lawful purpose of their establishment and do not violate the essence of this right. The features of the introduction in Ukraine of a lawyer’s monopoly on the representation of another person in court, as well as the practice of the ECtHR regarding the possibility of recognising such restrictions as a violation of the right to a fair trial, are analysed. Legislative initiatives to improve the motivation of decisions by the courts are highlighted. It was concluded that the provisions aimed at forming a more responsible attitude of judges to the consideration of cases and making reasoned decisions, as well as solving the problem of excessive load on judges, are a prerequisite for ensuring the right to a fair trial. Keywords: human rights and responsibilities, fair trial, access to justice, case-law of the European Court of Human Rights, procedural restrictions, court jurisdiction, proportionality, legal purpose, court fees, lawyer monopoly.

scholarly journals TRACING THE EVOLVING FACTS OF, A HUMAN RIGHT TO PRIVACY WITH INDIAN PERSPECTIVE

2019 ◽  
Vol 2 (3) ◽  
pp. 34-38
Keyword(s):  
Human Rights ◽  
International Law ◽  
Right To Privacy ◽  
Human Right ◽  
Human Element ◽  
The Right To Privacy ◽  
Privacy Law ◽  
Definition Of ◽  
The Right ◽  
Indian Perspective

Human Rights are basic rights and freedoms that belong to every person in world from birth until death. They apply of where you are from, what you believe or how you choose to live your life. Privacy is a concomitant of the right of an individual to exercise over his or her personality. There are certain rights which are natural to or inherent in human right. The human element in life is impossible to conceive without the existence of natural rights. It is very difficult to give precise definition of privacy; with the changing time the definition of privacy and its aspect has also changed. Article 12 of Universal Declaration of Human Rights recognize about the right to privacy. Article 51 of the Indian constitution requires the state to endeavor to foster respect for international law and treaty obligation in the dealings of organized people with one another. The present paper focuses on changing dimension of privacy law from the various judgments given by the judiciary, how the aspect of privacy has evolved from early cases till the day when right to privacy, a human right has been declared as fundamental right by Indian judiciary system.

scholarly journals The compliance of the anti-corruption legislation of Ukraine to the person's right to privacy

2020 ◽  
pp. 47-51
Author(s):  
I.O. Khomichov
Keyword(s):  
Human Rights ◽  
Local Government ◽  
Family Life ◽  
The State ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
State And Local ◽  
The Right

The article is devoted to the study of the compliance of the rights and obligations of the person authorized to perform the functions of the state or local government to the right to respect for private life, including the submitting and publishing property declaration. The author determines the approaches of national and foreign researchers to the essence of the concept of the right to privacy and concludes that it is a natural right, that includes the right to respect for private and family life, housing and correspondence. The norms of the Constitution of Ukraine and the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 concerning the human right to privacy are revealed. It іs determined that one of the main reasons for the need to introduce in Ukraine the institution of declaring for officials of public authorities is the obligation of Ukraine to comply with the United Nations Convention against Corruption, and found that domestic law is stricter than the Convention. It is concluded that human rights are the priority area of state protection, so the requirements of anti- corruption legislation on disclosure of information about personal and family life of persons, authorized to perform state and local government functions, in the declaration and access of such information is a violation of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Art. 8, 32 of the Constitution of Ukraine. The author affirms that the disclosure of such a volume of information about any person is an indisputable violation of his right to privacy and family life. Key words: the right to privacy; the right to respect for private and family life; a person authorized to perform the functions of the state and local self-government; declaration; prevention of corruption.

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