scholarly journals The Mammoth Task of Realising the Right to Life: A South African Perspective

10.5772/67632 ◽  
2017 ◽  
Author(s):  
Erika M. Serfontein
Keyword(s):  
South African ◽  
Right To Life ◽  
African Perspective ◽  
The Right

A Global Framework Convention on Health: Would it Help Developing Countries to Fulfil Their Duties on the Right to Health? A South African Perspective

2010 ◽  
Vol 38 (3) ◽  
pp. 640-646 ◽  
Author(s):  
Mark Heywood ◽  
John Shija
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
South African ◽  
Global Scale ◽  
Right To Health ◽  
Health Aid ◽  
African Perspective ◽  
Intellectual Knowledge ◽  
The Right ◽  
Health Experts

It is arguable that the delivery of global health has reached an impasse. This is evident not only in unresolved debates that are raging about where to allocate health aid or how to sustain and expand funding for AIDS treatment, but also in challenges facing national health systems that are incapable of purely domestic resolution. But there is some irony and much opportunity in this situation. Not only have the last 20 years seen an unprecedented growth in funding for health, mainly through funding for AIDS, but there has also been a range of initiatives and ideas that have generated better knowledge not only of the determinants of health, but also of how to attain it. Scientists, public health experts, and activists have created a store of intellectual knowledge, technology, and ideas, which, if properly and fairly deployed, might provide the opportunity to re-launch tangible progress towards the progressive realization of the right to health on a global scale.

scholarly journals The Human Right to Information and Transparency

2021 ◽  
Author(s):  
Jonathan Klaaren
Keyword(s):  
International Law ◽  
South African ◽  
Final Section ◽  
The South ◽  
Human Right ◽  
Current State ◽  
African Perspective ◽  
Right To Information ◽  
The Right ◽  
Conceptual Foundations

The argument for the recognition of the right to information in international law has continued to strengthen since the South African Constitutional Court’s Certification decision. This paper examines the human right to information in international law and makes the argument that this human right is a significant vehicle for promoting transparency. In section 2, it makes some observations concerning the conceptual foundations of the right to information and the right’s relationship to the broader concept of transparency. Section 3 notes the current state of the human right to information in international law doing so from an African perspective. The final section presents a set of questions for further consideration (noting some linkages with South African post- apartheid jurisprudence) as well as some concluding observations, organized in conceptual terms based on the right of information.

scholarly journals RE-THINKING THE STATE’S DUTY TO PROTECT AND UPHOLD THE RIGHT TO LIFE IN A CRIMINAL JUSTICE CONTEXT

Obiter ◽  
2021 ◽  
Vol 30 (2) ◽  
Author(s):  
Narnia Bohler-Muller ◽  
Jana Milne
Keyword(s):  
Quality Of Life ◽  
South African ◽  
Preliminary Observation ◽  
The State ◽  
Constitutional Rights ◽  
Central Question ◽  
Right To Life ◽  
Indian Experience ◽  
The Right

The central question posed in this contribution is whether the right to life has been employed by our courts as a workable constitutional concept in order to promote a quality of life − referred to herein as a “safe” life − lived in accord with the constitutional rights and values of human dignity, equal worth and freedom. A preliminary observation is that the South African judiciary is generally hesitant to interpret the right to life as the right to a certain “quality of life”. This is due to the fact that the state’s obligations regarding the entitlements that would enable such an existence are dealt with effectively by other rights already codified in the Constitution. In addition, the courts are traditionally wary of imposing duties on the state. Our courts have thus employed an interpretation of this right that is limited to the right not to be deprived of one’s life in cases involving social policy issues. As such, thejudiciary has failed to address the entitlement to a quality of life that would impose positive obligations on the state effectively. In order to explore more fully the ambit of the right to life, the authors turn to the Indian experience, which provides an excellentexample of a more creative interpretation of this right. It is submitted that the Indian position could provide useful guidelines in advancing a more activist interpretation of the right to life in order to facilitate the effective application of this right in a criminaljustice context. 

scholarly journals Demanding Equal Rights and Treatment of Husbands/Partners in Paternity Disputes: A South African Perspective

2016 ◽  
Vol 9 (3) ◽  
pp. 147-176
Author(s):  
Boitumelo Mmusinyane
Keyword(s):  
South African ◽  
Best Interests ◽  
Right To Know ◽  
Equal Rights ◽  
The Right To Know ◽  
Biological Relationship ◽  
African Perspective ◽  
Marriage Partnership ◽  
The Right ◽  
Right To Dignity

The legitimacy presumption poses a threat to the equality of parties in a marriage/partnership in today’s constitutional society. The approach adopted by courts in paternity disputes reveals an ongoing inequality in marriages/partnerships. The marriage/partnership is being used by courts to prevent a husband/partner from introducing a paternity claim on the assumption that doing so is not in the best interests of the child. Courts should be cautious in using children as a mechanism for preventing a husband/partner from determining their biological relationship. The child’s best interests can only be advanced if children know his biological identity. Husband/partner must have the right to know their biological relationship to their wives/partner’s children. A husbands/partners’ right to assert his paternity claims, on a balance of probabilities and on an equal basis is an inherent right to dignity.

The Impact of Deepfakes on the Right to Identity: A South African Perspective

2020 ◽  
Vol 32 (3) ◽  
pp. 407-436
Author(s):  
Nomalanga Mashinini
Keyword(s):  
South African ◽  
Criminal Law ◽  
The Internet ◽  
Sound Recordings ◽  
African Perspective ◽  
New Perspective ◽  
Learning Software ◽  
The Right ◽  
The Impact ◽  
Law Of Delict

The right to identity aims to protect the subjective interests of individuals in their likeness, image, voice, and other distinctive personality attributes. The right to identity is legally recognised in South Africa, but deepfakes have a tendency to devalue this right. Deepfakes are created with deep learning software that enables users to create deceptive videos, sound recordings, and photographs of events and people that are indistinct from reality. This goes against a person’s right to control the use of their likeness. South African law does not directly regulate the creation and publication of deepfakes. Liability for the publication of deepfakes may be established using principles in different fields of law, such as the law of delict and criminal law. However, the dissemination of deepfakes on the internet continues to evolve, as they become more difficult to detect, and this necessitates a new perspective on how to provide sufficient remedies for victims whose right to identity is violated through deepfakes. It also calls for the refinement of establishing the liability of people who are tagged to deepfakes posted on social media. This article aims to highlight the challenges in protecting the right to identity and establishing liability under South African law in the context of deepfakes.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

QUO VADIS HUKUM ISLAM (ANTARA IDEALITAS DAN REALITAS INDONESIA)

2020 ◽  
Vol 8 (2) ◽  
pp. 97-108
Author(s):  
Dinda Izzati
Keyword(s):  
Political Rights ◽  
Right To Life ◽  
Economic Rights ◽  
Christian Communities ◽  
Basic Assumptions ◽  
Eastern Indonesia ◽  
The Republic ◽  
Quo Vadis ◽  
The Right

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

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