Strengthening Democracy in India through Participation Rights

2020 ◽  
Vol 53 (4) ◽  
pp. 468-491
Author(s):  
Rishika Sahgal
Keyword(s):  
Decision Making ◽  
Deliberative Democracy ◽  
Forest Land ◽  
Community Rights ◽  
Oppressed People ◽  
Participation Rights ◽  
Important Means ◽  
The Right ◽  
Individual And Community Rights ◽  
Power Play

This paper is contextualised around the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 in India, which recognises both individual and community rights of the Scheduled Tribes and other traditional forest dwellers relating to forest land and forest produce. The Forest Rights Act, along with the Panchayats (Extension to the Scheduled Areas) Act 1996, also recognises decision-making power of the Scheduled Tribes to make decisions regarding claims on forest land. The paper argues that the recognition of such participation rights, broadly understood as the right to participate in specific decisions that impact our other rights, can be an important means for strengthening democracy in India. This creates space for oppressed communities who may face exclusion in other institutions, to directly participate in decisions involving their substantive rights. It holds the potential to deepen a deliberative version of democracy, creating space for discussion and deliberation within communities while deciding questions regarding their rights, rather than a version of democracy based on interest-bargaining and power-play. Participation rights may also serve as an important tool for oppressed people to secure their substantive rights, such as the right to forest land. The paper therefore contributes to wider debates around democracy and rights. It explores what we understand by ‘democracy’, advocating for a deliberative view of democracy. It explores how democracy relates to rights, both participation rights and substantive rights. Lastly, it evaluates the design of existing participation rights - the Forest Rights Act and the Panchayats (Extension to the Scheduled Areas) Act 1996 - to examine whether these are designed to deepen deliberative democracy and secure substantive rights. It concludes that existing participation rights are flawed, but there is potential to interpret these in a manner that strengthens deliberative democracy, and the ability of participation right to secure substantive rights to forests, by relying on the Indian Supreme Court’s jurisprudence in Orissa Mining Corporation.

Challenges in regulating priority setting in healthcare: A Finnish perspective on the lawmaker’s dilemma

2019 ◽  
Vol 19 (2-3) ◽  
pp. 136-158
Author(s):  
Kaisa-Maria Kimmel
Keyword(s):  
Decision Making ◽  
Priority Setting ◽  
Professional Discretion ◽  
Clinical Autonomy ◽  
Legislative Reforms ◽  
Healthcare Rationing ◽  
The Right ◽  
Individual And Community Rights ◽  
Legislative Measures

Healthcare rationing presents multiple problems for the lawmaker. This article examines them through two legislative projects concerning Finnish healthcare and the scope of professional discretion awarded to physicians in priority setting. In attempting to enact norms to steer decision-making in priority setting, the lawmaker has to balance tensions between individual and community rights; for example, relating to legal safeguards, equal access, clinical autonomy, individual need, and transparency. Physicians exercise significant discretion over rationing in a context of rising pressure to contain costs, without support from precise decision-making criteria set in legislation. This raises concerns over the long-term legitimacy of priority setting in Finland. The article argues that legal research should provide analyses of legislative measures and the wider regulatory mix to ensure that priority setting frameworks are compatible with the right to health, and that best practices presented in international priority setting research are operationalized in legislative reforms.

scholarly journals RIGHT OF PARTICIPATION IN BUSINESS AS MATRIMONIAL PROPERTY: THE MALAYSIAN EXPERIENCE

2012 ◽  
Vol 15 (1) ◽  
Author(s):  
Zuhairah Ariff Abd Ghadas ◽  
Norliah Ibrahim
Keyword(s):  
Decision Making ◽  
Married Couples ◽  
Participation Rights ◽  
Right To Participation ◽  
The Right

It is a deep wish of ‘most’ married couples that the marriage will last until ‘death do as part.’ Nonetheless, despite this wish, it is often found that a crisis occurs between married couples when it comes to money matters, more so if the concern is about a business which both parties foresee as a source of wealth. The right of participation in business is more than the right to share profits of the business. It also involves the management right and decision making power. Upon a divorce, it is common for the lucky ex-spouse to get certain percentage of shares in the business and therefore entitled to certain amount of dividend annually but rarely does one find the right to participation in the business is retained or given to the ex-couples. Whilst in practice the right to participate in the business is more significant and worth more than the shares! This article looks into participation rights in business as part of the matrimonial property in the due course of a divorce.

scholarly journals Local government decision-making - Local government decision-making in New Zealand: An interpretivist inquiry into influences and citizen preferences related to large capital investments

2021 ◽  
Author(s):  
◽  
Haydn Read
Keyword(s):  
Decision Making ◽  
Local Government ◽  
Deliberative Democracy ◽  
Citizen Participation ◽  
Capital Investments ◽  
Government Decision ◽  
Government Sector ◽  
Citizen Preferences ◽  
The Right ◽  
Near Future

<p>Citizens’ active participation in local government affairs today is low, and no measurable signs indicate any improvement. To the contrary, evidence suggests citizen participation is deteriorating. Considerable debate has been involved in trying to establish whether its cause is citizenship deficits or democracy deficits. Alternatively, does another, yet-to-be-discovered driver explain the disconnection between local government and its citizens?  Of greatest concern is that, in the near future, significant investment decisions and the outcomes they provide are likely to set the tone for our communities for the next 100 years or more. In this context, the diminishing participation may beget further disconnection. Furthermore, if citizens are not really in a position to make an informed decision, who is? Can we be sure those decision-makers are making the right decisions? Has the intent behind our participatory or deliberative democracy in the local government sector established itself in practice, as we might expect?  Compounding this challenge is the complexity of the decision-making environment, which only enhances the gap between how citizens sense they are able to participate in these important long-term decisions and the political environments that struggle to find enduring solutions in which citizen preferences are weighted in a way that reflects community expectations. While the literature to date has covered citizenship and democracy deficits in some detail, understanding is more limited of the bureaucratic and representative deficits that are struggling with similar, if not identical issues.  This research examines the concept and practice of local government decision-making. Its focus is on the influences that elected members weight in this process, and specifically the weight they give to citizen preferences in making their decisions. Moreover, if these preferences are not being given due weight, what are the implications for our deliberative democracy? And do the findings have any implications for how our communities ought to view the current decision-making environment?</p>

scholarly journals Implementation of Political Participation Standards for Persons with Intellectual Disabilities in Kenya

2016 ◽  
Vol 2 (1) ◽  
pp. 97-131
Author(s):  
Luciana Thuo
Keyword(s):  
Decision Making ◽  
Political Participation ◽  
Intellectual Disabilities ◽  
International Standards ◽  
Political Rights ◽  
Persons With Disabilities ◽  
Participation Rights ◽  
Progressive Inclusion ◽  
The Right ◽  
Disability Movement

This paper reviews international standards on political participation by persons with intellectual disabilities and how they are implemented in Kenya. On one hand, Article 25 of the International Covenant on Civil and Political Rights(ICCPR) allows limitation of rights based on ‘reasonable and objective’ criteria. Whereas it is considered unreasonable to restrict participation rights of persons with physical disabilities, General Comment 25 to the ICCPR permits restrictions based on ‘established mental incapacity’. On the other hand, the Convention on the Rights of Persons with Disabilities (CRPD) does not foresee any limitation of participation rights; rather it recognises the freedom of persons with disabilities to be involved in decision-making, including the right to vote and hold public office. Kenya is a party to both instruments, having acceded to the ICCPR in 1972 and ratified the CRPD in 2008. Kenya’s law does not deprive persons with intellectual disabilities of legal capacity. In fact, Article 54(2) of the Constitution of Kenya (2010 Constitution)seeks to increase participation of persons with disabilities in decision making and public life by providing, inter alia, for the progressive inclusion of persons with disabilities in at least five percent of all elective and nominated positions. Whereas Kenya’s law allows for limited guardianship, it is the informal guardianship created by the family, on whom persons with intellectual disabilities are dependent for support, which poses the greatest barrier to the exercise of participation rights. This informal guardianship, combined with negative societal attitudes and ignorance at all levels including the Judiciary, the electoral management body (the Independent Electoral and Boundaries Commission (IEBC)) and even the wider disability movement, makes political participation rights for persons with intellectual disabilities illusory. If the situation of persons with intellectual disabilities is not addressed, only persons with physical and sensory disabilities will be able to take up the affirmative action measure created by Article 54(2) of the 2010 Constitution.

Awareness and Decision Making in Professional Ethics

2000 ◽  
Vol 5 (1) ◽  
pp. 19-27 ◽  
Author(s):  
Ronny Swain
Keyword(s):  
Decision Making ◽  
Professional Ethics ◽  
Ethical Decision Making ◽  
Code Of Ethics ◽  
Professional Autonomy ◽  
Ethical Awareness ◽  
Ethical Decisions ◽  
The Right ◽  
Aid Decision

The paper describes the development of the 1998 revision of the Psychological Society of Ireland's Code of Professional Ethics. The Code incorporates the European Meta-Code of Ethics and an ethical decision-making procedure borrowed from the Canadian Psychological Association. An example using the procedure is presented. To aid decision making, a classification of different kinds of stakeholder (i.e., interested party) affected by ethical decisions is offered. The author contends (1) that psychologists should assert the right, which is an important aspect of professional autonomy, to make discretionary judgments, (2) that to be justified in doing so they need to educate themselves in sound and deliberative judgment, and (3) that the process is facilitated by a code such as the Irish one, which emphasizes ethical awareness and decision making. The need for awareness and judgment is underlined by the variability in the ethical codes of different organizations and different European states: in such a context, codes should be used as broad yardsticks, rather than precise templates.

PENERAPAN PERSEPSI ORANGTUA DALAM MEMENUHI HAK PARTISIPASI ANAK USIA 9-12 TAHUN DI DESA BENA AMANUBAN SELATAN NUSA TENGGARA TIMUR

2019 ◽  
Vol 1 (2) ◽  
pp. 121-138
Author(s):  
Lodiana Nitti ◽  
Friandry Windisany Thoomaszen
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Growth And Development ◽  
Data Retrieval ◽  
Qualitative Research Methods ◽  
Parental Perception ◽  
The Third ◽  
Self Interest ◽  
Participation Rights ◽  
The Right

ABSTRACT Parental perception will affect the fulfillment of children’s participation rights. Fullfilment of children’s participation rights will be fulfilled optimally if parents pay anttention to opinions while providing opportunities for children to make and make decisions about the child’s goals and self-interest. The subjects studied consisted of 5 subjects consisting of father and mother who had children aged 9- 12 years. This study uses qualitative research methods, with data retrieval tools in teh form of interviews, observation and documentation. From the research found data were the subjects do not fulfill the right of participation of children up to the maximum ladder where children’s participation rights range from the first ladder to the third ladder. The first ladder to the third ladder is actually a non- participating ladder. This means that children is manipulated, dominated by parents, there is direct communation and the severity of the parent. The children felt disappointed, sad, and angry with the parents but they still tried to hear and obey the parent’s decision. Children from third and fourth subjects experienced excessive fear to speak to their parent (father). Suggestions for parents to be more caring and fulfill the rights of children’s participation so as not to affect the growth and development of children. Keywords: participation rights, children, parents

Would you Make the Right Decision? – Decision Making Biases in Economy - Related Dilemmas

2018 ◽  
Vol 9 (1) ◽  
pp. 59-66
Author(s):  
Zsuzsanna Gödör ◽  
Georgina Szabó
Keyword(s):  
Decision Making ◽  
Online Survey ◽  
Framing Effect ◽  
Economic Knowledge ◽  
Bank Account ◽  
Financial Decisions ◽  
Hungarian Population ◽  
The Moment ◽  
The Right ◽  
Decision Making Biases

Abstract As they say, money can’t buy happiness. However, the lack of it can make people’s lives much harder. From the moment we open our first bank account, we have to make lots of financial decisions in our life. Should I save some money or should I spend it? Is it a good idea to ask for a loan? How to invest my money? When we make such decisions, unfortunately we sometimes make mistakes, too. In this study, we selected seven common decision making biases - anchoring and adjustment, overconfidence, high optimism, the law of small numbers, framing effect, disposition effect and gambler’s fallacy – and tested them on the Hungarian population via an online survey. In the focus of our study was the question whether the presence of economic knowledge helps people make better decisions? The decision making biases found in literature mostly appeared in the sample as well. It proves that people do apply them when making decisions and in certain cases this could result in serious and costly errors. That’s why it would be absolutely important for people to learn about them, thus increasing their awareness and attention when making decisions. Furthermore, in our research we did find some connection between decisions and the knowledge of economics, people with some knowledge of economics opted for the better solution in bigger proportion

Khiyar Majlis Dalam Jual Beli: Analisis Takhrij Hadits Dan Pendapat Para Ulama

AKADEMIKA ◽  
2015 ◽  
Vol 9 (2) ◽  
pp. 176-188
Author(s):  
Khozainul Ulum
Keyword(s):  
Property Ownership ◽  
Important Means ◽  
The Right

Buying and selling transaction has always become an important means for people to obtain what they want. Due to the transaction, the transfer of property ownership from one person to another can occur legally. To guarantee the rights of individual engaged in the transaction, Islam has introduced the so-called  khiyar, namely the right of each individual to determine whether the transaction could be held or not. The khiyar in any buying and selling transaction is not but to solely embody the principle of 'an taradin, the willingness to involve in buying and selling transaction between sellers and buyers.

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