scholarly journals CHANGING DIMENSIONS OF RIGHT AGAINST SELF-INCRIMINATION: AN ANALYTICAL STUDY

2021 ◽  
pp. 32-42

Right against self-incrimination is recognized as a Fundamental Right under the Indian Constitution. It is based on the maxim “nemo tenetur seipsum accusare” which implies that no man shall be obliged to be a witness against himself. The right is recognized in various International Conventions and Declarations. The right has also been incorporated as a right of accused in different countries. The Apex Court of India has emphasized time and again the significance of the right in its various Judgments. However, with the growth of Science and Technology, the dimensions of Right have undergone a considerable change. It has raised the issues of Testimonial Compulsion and violation of Rights of the accused. The present paper will be an attempt to examine the Impact of growing technology in relation to right against self-incrimination and effort will be made to analyze whether the growth of Science and Technology has in fact resulted or not in violation of the right.

Author(s):  
Agus Arwani

Accountants are the actors who contribute to the establishment and implementation of accounting as a structure. On the other hand the consequences of the application of modern accounting shows the impact of a less than satisfactory. Facts show the number of accounting manipulation scandal that hit the company's financial statements and the low awareness of their social responsibility and the environment implies that very large changes in accounting principals. Accounting reality is part of how accountants take on the role. Deviations reality always brings accountants as party central is how actors and structures form mutually met. Habitus actor '' greedy '' met with accounting (capitalism) as a structure that legitimize it. In reality accountant (agent) looks so lost in the shackles of capitalism, so the agency theory in the form of a conflict of interest, it seems to shift the basis of mutual symbiosis between the interests of management and accountants. Accountants must be returned khittah her as a sovereign profession, he is an ideologue as Rausyan Fikr. All forms of deep-an accountant in worship, glorify the '' number '' in the sense of making all tasks as tasks (treatises) '' prophetic '' to map the right stakeholders fairly and correctly. This can only take place within the frame sovereign  and raise awareness of the Godhead (fervently) to put God at the summit toward accountability. Readiness accountant sharia in entering the MEA in 2017 with preparing the capabilities and expertise of sharia-based accounting standards IFRS, Accounting Sharia must understand the risks of sharia, sharia accounting should be standardized SDI International, science and technology capabilities accountant sharia be reliable.


2016 ◽  
Vol 7 (1) ◽  
pp. 163
Author(s):  
Agus Arwani

Accountants are the actors who contribute to the establishment andimplementation of accounting as a structure. On the other hand theconsequences of the application of modern accounting shows the impact ofa less than satisfactory. Facts show the number of accounting manipulationscandal that hit the company’s financial statements and the low awarenessof their social responsibility and the environment implies that very largechanges in accounting principals. Accounting reality is part of how accountants take on the role. Deviations reality always brings accountants as party central is how actors and structures form mutually met. Habitus actor ‘’ greedy ‘’ met with accounting (capitalism) as a structure that legitimize it. In reality accountant (agent) looks so lost in the shackles of capitalism, so the agency theory in the form of a conflict of interest, it seems to shift the basis of mutual symbiosis between the interests of management and accountants. Accountants must be returned khittah her as a sovereign profession, he is an ideologue as Rausyan Fikr. All forms of deep-an accountant in worship, glorify the ‘’ number ‘’ in the sense of making all tasks as tasks (treatises) ‘’ prophetic ‘’ to map the right stakeholders fairly and correctly. This can only take place within the awareness frame of the Godhead (fervently) to put God at the summit toward accountability. Readiness accountant sharia in entering the MEA in 2016 with preparing the capabilities and expertise of sharia-based accounting standards IFRS, Accounting Sharia must understand the risks of sharia, sharia accountingshould be standardized SDI International, science and technology capabilitiesaccountant sharia be reliable


1987 ◽  
Vol 13 (2-3) ◽  
pp. 213-232
Author(s):  
George J. Annas

In the context of the bicentennial of the Constitution and science's relationship to society, it has been argued that “the advance of science and technology in the West has changed not only the relation of man to nature but of man to man.“ This seemingly immodest statement may soon prove an understatement. In the arena of human reproduction, the marriage of science and technology in medicine may change not only the relationship of man to nature and man to man, but more significantly, the very concept of what it means to be human. This, in turn, will directly affect how we define the “rights” this “new human” may properly claim.This article begins to explore developing reproductive medical technology with a view toward examining the way it might change our concept of humanness, and how this change might be accommodated, encouraged, or truncated by the relationship between the government and its pregnant citizens as defined by the United States Constitution and the “right to privacy.”


Author(s):  
Zainal Amin Ayub ◽  
Ahmad Masum ◽  
Mohamed Salman

Hardly a day passes by without news of a terrorist bombing, kidnapping, or assassination somewhere in the world especially in Iraq. Terrorism has become a cancer and it is not in the interest of the nations, because it takes away their right to personal security. Following the event of September 11, there have been violations of international conventions and usages, human rights, which prompted countries globally to come up with laws to protect civil freedoms. In the context of Iraq, the Government came up with the Iraqi Anti-Terrorism Act No.13 of 2005 and the Iraqi Constitution of 2005 to address the issue of terrorism. The aim of this paper is to address the impact of international terrorism on the right to personal security in Iraq after 2003. The methodology adopted in this paper is a doctrinal legal research, focusing namely on primary and secondary data. This paper concludes that international terrorism has indeed affected the Iraqis right to personal security after 2003. Hence, there is a need to protect this fundamental right by re-looking into the Iraqi Anti-Terrorism Act No.13 of 2005. For instance, under the Act there is no clear definition of the terms “terrorism” and “terrorist act”. This has led to serious problems in the enforcement of the Iraqi Anti-Terrorism Act No. 13 of 2005 such as the abuse of the right to personal security where innocent Iraqis are deprived to enjoy this fundamental right at the disguise of fighting terrorism by the state, which is not even clearly defined under the Act.  Key words: International terrorism, Iraqi Constitution of 2005, Iraqi Anti-Terrorism Act No.13 of 2005, right  to personal security.


Author(s):  
Rawan Yahia Alqahs

The study aimed to reveal the most prominent social regulations and systems related to the role of parents in the family in the CEDAW Convention, in addition to clarifying the impact of the application of this agreement on the Muslim family. To achieve this, the descriptive analytical approach was used, and content analysis was used as a tool for analysing the articles and clauses contained in the International Convention, and the study was applied to a sample, namely the Convention on the Elimination of All Forms of Discrimination against Women, and this convention was chosen because the majority of its provisions relate to the family in addition to the accession of many Arab and Islamic countries. The study has reached a number of conclusions: The Convention does not take into account the religious and cultural specificity of some societies. The Convention also seeks to impose a secular vision on the world by abolishing the shariah provisions relating to the family. They call for the abuse of men over women in the family by changing the roles of women and men in the family and by establishing the principle of power-sharing and responsibility among them. In addition to imposing the Western family model on the world by taking away the guardianship of fathers over children. The government's decision to amend the Law on The Rights of Women and The Rights of Women is a matter of priority. The convention also calls for women's freedom to travel and Muslim countries have given women the right to travel without the guardian's permission, which, if exploited negatively, will affect family construction. The study made some recommendations, the most important of which were: raising families' awareness of family rights and duties in the light of the teachings of Islam through various media. The formation of a committee of various disciplines (political, religious and social) to study the content of international conventions of various dimensions before signing them.


2015 ◽  
Vol 29 (4) ◽  
pp. 135-146 ◽  
Author(s):  
Miroslaw Wyczesany ◽  
Szczepan J. Grzybowski ◽  
Jan Kaiser

Abstract. In the study, the neural basis of emotional reactivity was investigated. Reactivity was operationalized as the impact of emotional pictures on the self-reported ongoing affective state. It was used to divide the subjects into high- and low-responders groups. Independent sources of brain activity were identified, localized with the DIPFIT method, and clustered across subjects to analyse the visual evoked potentials to affective pictures. Four of the identified clusters revealed effects of reactivity. The earliest two started about 120 ms from the stimulus onset and were located in the occipital lobe and the right temporoparietal junction. Another two with a latency of 200 ms were found in the orbitofrontal and the right dorsolateral cortices. Additionally, differences in pre-stimulus alpha level over the visual cortex were observed between the groups. The attentional modulation of perceptual processes is proposed as an early source of emotional reactivity, which forms an automatic mechanism of affective control. The role of top-down processes in affective appraisal and, finally, the experience of ongoing emotional states is also discussed.


This research article focuses on the theme of violence and its representation by the characters of the novel “This Savage Song” by Victoria Schwab. How violence is transmitted through genes to next generations and to what extent socio- psycho factors are involved in it, has also been discussed. Similarly, in what manner violent events and deeds by the parents affect the psychology of children and how it inculcates aggressive behaviour in their minds has been studied. What role is played by the parents in grooming the personality of children and ultimately their decisions to choose the right or wrong way has been argued. In the light of the theory of Judith Harris, this research paper highlights all the phenomena involved: How the social hierarchy controls the behaviour. In addition, the aggressive approach of the people in their lives has been analyzed in the light of the study of second theorist Thomas W Blume. As the novel is a unique representation of supernatural characters, the monsters, which are the products of some cruel deeds, this research paper brings out different dimensions of human sufferings with respect to these supernatural beings. Moreover, the researcher also discusses that, in what manner the curse of violence creates an inevitable vicious cycle of cruel monsters that makes the life of the characters turbulent and miserable.


2019 ◽  
Vol 10 (12) ◽  
pp. 1183-1199
Author(s):  
Mohammed Alrouili ◽  

This study attempted to identify the impact of internal work environment on the retention of healthcare providers at Turaif General Hospital in the Kingdom of Saudi Arabia. In particular, the study aimed to identify the dimensions of work circumstances, compensation, and relationship with colleagues, professional growth, and the level of healthcare providers’ retention. In order to achieve the study goals, the researcher used the descriptive analytical approach. The researcher used the questionnaire as the study tool. The study population comprised all the healthcare providers at Turaif General Hospital. Questionnaires were distributed to the entire study sample that consisted of 220 individuals. The number of questionnaires valid for study was 183 questionnaires. The research findings were as follows: the participants’ estimate of the work circumstances dimension was high (3.64), the participants’ estimate of the compensation dimension was moderate (3.32), the participants’ estimate of the relationship with colleagues dimension was high (3.62), the participants’ estimate of the professional growth dimension was weak (2.39), and the participants’ estimate of healthcare providers’ retention level was intermediate (2.75). Accordingly, the researcher’s major recommendations are: the need to create the right atmosphere for personnel in hospitals, the interest of the hospital to provide the appropriate conditions for the staff in terms of the physical and moral aspects for building the work adjustment in the staff, and conducting training courses and educational lectures for personnel in hospitals on how to cope with the work pressures.


2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.


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