233 research outputs found
Cancellation of Bail
BAIL JURISPRUDENCE in India (as in other common law countries) has evolved
laying emphasis on the right to liberty of the accused as opposed to the requirement
of the State to keep him/her under custody... The
mechanism for cancellation of bail is provided in law in order to ensure that justice
will be done to the society by preventing the accused who had been set at liberty by
the bail order from tampering with the evidence in a heinous crime. At the same
time, cancellation of bail takes away the liberty granted by the Constitution and
affirmed by an order of the Court, which granted bail. Taking note of the fact that
cancellation of bail necessarily involves the review of a decision already made, it
has been emphasized that the same should always be exercised very sparingly by
the court of law
Dignity- A Regenerative Idea
AN ATTEMPT to understand the role of dignity in human rights is worthwhile and
challenging. Popularly referred to as a “constitutional principle”, “moral precept”, or a “supreme
virtue”, dignity has allowed legal systems to adopt evolutionary and impactful practices
concerning the welfare of human beings. Defined also as the precursor and basis to the various
human rights defined and adopted, dignity continues to facilitate the integration of diverse
interests and stakeholders within the framework of human rights thought and practice. By
embracing several values and interests, dignity has reached out to protect-preserve-provide for
the worth of human beings as well those that cease to be or are not human beings. This
introduces a student of human rights to expressions like “interspecies dignity”, “intergenerational
dignity”, “trans human dignity”, and “posthumous dignity”, which are all opening the door for a
new consciousness in the field of human rights. The proliferating interests of the non-human
entities in the form of territorial sovereignty for animals, privacy of the deceased, rights for the
dead to be found in case of war/conflict etc., have been attached with an undeniable quality as
that is readily found in the understanding of dignity of human beings. In the wake of such
developments, there appears a strong sense of regeneration of dignity as a foundational principle,
leaving the earlier formulations of personhood, sentience, capacity, and worth into
disenchantment
Human Rights and the Practice of Cross-referencing in Domestic Courts
Domestic courts are often quoting foreign case law on human rights. The conversation pursued
through cross-referencing across jurisdictions has added to the globalization of international
human rights standards. As the practice is gaining ground and becoming a more permanent
feature of domestic judgments, its relevance needs to be examined. A closer look at the practice
will bring forth a more realistic understanding of the approaches of domestic courts and the
advantages which they offer to the institution. This paper raises few questions on the value and
influence of cross-referencing in the area of human rights. Questions in this regard can be posed
as to (a) whether cross-referencing is reflective of an emerging consensus on the subject
matter? (b) Is it strategic for domestic courts to quote foreign case law? (c) Is the practice of
cross-referencing simply a trend or an urge to belong to a community of courts? (d) Is the
practice of relevance towards the implementation and advancement of international human
rights standards?
The topic can shed light on broader themes including the universality of human rights,
contestations/disagreements over human rights standards, and the measure of acceptability of
international human rights standards within domestic settings. This paper discusses the
practice, its role and influence in relation to international human rights standards. Three
judgments [of the courts of Nepal, India and Singapore] addressing the human rights and
homosexuality agenda have been illustrated for discussion
Legal and Ethical Dimensions of Artificial Reproduction and Related Rights
Recent years have illustrated how the reproductive realm
is continuously drawing the attention of medical and legal
experts worldwide. The availability of technological
services to facilitate reproduction has led to serious
concerns over the right to reproduce, which no longer is
determined as a private/personal matter. The growing
technological options do implicate fundamental questions
about human dignity and social welfare. There has been an
increased demand for determining (a) the rights of
prisoners, unmarried and homosexuals to such services, (b)
concerns over child’s information and health needs, (c)
claims for wrongful birth and wrongful life, (d) the role of
donors and physicians, (e) posthumous reproduction etc. In
addition, the role of national and international law has
been emphasized for an efficient system of functioning and
delivery. This paper is an attempt to explore the pressing
claims to reproductive choices, coupled with a marked
increase in demand for legislative intervention in India
Issues and benefits of customer relationship
The whole paper is discussing the effective customer relationship management in the New Zealand Labour Hire Company and the organization wants to implement a CRM policy for managing good relation with the customers. For this particular reason, this research process has been initiated and through this survey or research, a smooth evaluation could be obtained easily on this particular matter. Different activities have been done for getting a suitable evaluation on this particular matter. First of all, different primary sources have been gathered for judging the whole issue in a significant and efficient manner. 40 respondents have been selected here for understanding their perception over this particular issue. At the end of the discussion, it could be stated that effective CRM would be highly necessary for managing all sorts of activities in New Zealand Labour Compan
Conceptual and Institutional Considerations in the Regulation of Technology for Human Rights
Today, a rights-based approach to technology regulation is central to national and international law-making. A human-rights-based approach would involve viewing technology from the prism of human rights objectives and principles. A more specific turn would be to evaluate their impact on specific rights, namely the right to life, right to peaceful assembly, right to development, right to redressal, rights against discrimination, right to education, etc. Normative frameworks have emerged to further protect human rights from technology-based harms. This paper covers a few conceptual and institutional considerations highlighted in seminal works from scholars and international human rights institutions. To name a few; (1) technology and discriminatory challenges (2) design and use of technology (3) digital divide amongst countries (4) duty of actors, (5) neoliberal technologies, (6) the use of prohibitions and remedies, and (7) the emergence of new human rights. Much of the advocacy and rights-based interventions around the globe are attentive to technology’s challenges to human rights. The abovementioned considerations define the core of the international normative framework, which is often advanced to protect human rights from technology-based harms
Law and the Rights of the Non-Humans
The law confers rights on non-human entities, namely nature, machines (AI), and animals. While doing so, the law is either viewed as progressive or sometimes as abstract and ambiguous. Despite the critique, it is undeniable that many of the rights of non-humans have come to solidify in statutory and constitutional rules of different systems. In the context of these developments, the article sheds light on the core justifications for advancing the rights of non-human entities. In addition, it discusses the conditions for the emergence of these rights and the non-binding normative statements adopted by different stakeholders for advocacy. These include the Charter on the Law of the Living (2021), the Toulon Declaration (2019), and the Vienna Manifesto on Digital Humanism (2019), etc. The paper also discusses the relevant theoretical frames, namely post-humanism, digital humanism, and multi-species justice, followed by selective critical views on the subject
Neuro rights, the new human rights
The human mind has been a subject matter of study in psychology, law, science, philosophy and other disciplines. By definition, its potential is power, abilities and capacities including perception, knowledge, sensation, memory, belief, imagination, emotion, mood, appetite, intention, and action (Pardo, Patterson). In terms of role, it creates and shapes societal morality, culture, peace and democracy. Today, a rapidly advancing science–technology–artificial intelligence (AI) landscape is able to reach into the inner realms of the human mind. Technology, particularly neurotechnology enables access to the human mind for research, treatment and other purposes. This enabling feature is now a growing concern.
In the field of human rights, this human-science–technology interface is leading to articulation of new human rights to safeguard against modern threats. The wider usage of expressions like neurolaw and mental autonomy reflects on the emerging field of standards to protect the human mind from interference, manipulation and control. Growing literature on the subject sheds light on the human-rights-based approach to the challenge
State Obligations under International Criminal Law
The prosecution of international crimes is a challenge both under international and domestic law. Taking the example of international criminal law (ICL) , the fullest realization of its objectives is influenced by many factors including; (a) the adoption of appropriate laws by states, (b) the adequacy of the ICL framework on definitions of crimes and principles of criminal responsibility, (c) the level of political control and involvement in decision making related to investigation, prosecution or extradition, (d) Problems with exclusion including restrictions on the rights of victims with regard to the proceedings and to reparation, and (e) The application of provisions for amnesties and similar measures of impunity.
Over the years, the mandate of States under ICL has expanded. Key reforms under ICL and domestic laws have been led by the above mentioned concerns. The scope of state obligations, in particular, has been shaped by the standards adopted under the ICL framework including the "duty to prosecute" international crimes. The article discusses the normative significance of the "duty to prosecute"
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