for Journals by Title or ISSN
for Articles by Keywords
help
Followed Journals
Journal you Follow: 0
 
Sign Up to follow journals, search in your chosen journals and, optionally, receive Email Alerts when new issues of your Followed Jurnals are published.
Already have an account? Sign In to see the journals you follow.
Journal Cover International Journal of Human Rights and Constitutional Studies
   [7 followers]  Follow    
   Hybrid Journal Hybrid journal (It can contain Open Access articles)
     ISSN (Print) 2050-103X - ISSN (Online) 2050-1048
     Published by Inderscience Publishers Homepage  [385 journals]
  • Portugal's social constitution face to face with the European
           financial crisis
    • Authors: Kh. Mahfuz ud Darain, Amimul Ahsan, A.B.M. Saiful Islam, M. Obaydullah, Raizal S.M. Rashid
      Pages: 98 - 109
      Abstract: The paper that follows offers a brief account of the current threats that the systemic Eurozone crisis and austerity pose for the social state, social and labour rights protection in Portugal. As it is analysed, Portugal has developed after the Carnation Revolution (1974) an extremely strong in its social character Constitution (1976) that promotes as its equal subjects the individual, the citizen and the worker. This Constitution was based in a state and social blueprint characterised by the state intervention in the national economy, corporatism and the dynamic protection of social autonomy and solidarity. Nowadays this unique in character constitutional model is jeopardised in the background of the global and Eurozone financial crisis. In this frame, the paper that follows analyses the historical development of the Portugal social state, its unique characteristics, the current risks that faces and the effort of the Portuguese Corte Constitucional to protect the social rights core of the Portuguese Constitution.
      Keywords: social rights; social constitutionalism; carnation revolution; corporatism; state interventionism; financial crisis; human dignity; equality; Portugal; Eurozone crisis; austerity; labour rights protection; social autonomy; solidarity
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 2 (2014) pp. 98 - 109
      PubDate: 2014-06-13T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.062764
      Issue No: Vol. 2, No. 2 (2014)
       
  • Conflicts in Africa a leadership perception laxity: a case of the
           Democratic Republic of Congo
    • Authors: Kh. Mahfuz ud Darain, Amimul Ahsan, A.B.M. Saiful Islam, M. Obaydullah, Raizal S.M. Rashid
      Pages: 110 - 124
      Abstract: The conflict in the DRC is ongoing despite the existence of aggregate of actors towards managing the same, both the UN and the external forces. This paper presents well researched information about the said conflict in regards to perceptions of stakeholders on the persistence of the wrangle. In this paper we argue that the perception of key stakeholders on the value of peace in the DRC is negative. As a way forward, we assert that there is a need for altitudinal metanoia on the leaders and the rebel groups and other stakeholders of peace in the region. A more positive attitude should be sensitised and implanted in the minds and hearts of the respective stakeholders as a catalyst toward sustainable peace environment in DRC and the region at large. There is also the need to empower the people so that they can fight for peace and influence their leaders and others stakeholders to support the peace initiative in the country.
      Keywords: sustainable peace environment; conflict; stakeholders; perceptions; Africa; Democratic Republic of Congo; DRC; empowerment
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 2 (2014) pp. 110 - 124
      PubDate: 2014-06-13T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.062761
      Issue No: Vol. 2, No. 2 (2014)
       
  • Child labour: an 'outdated' violation of children's rights
           or a modern problem?
    • Authors: Kh. Mahfuz ud Darain, Amimul Ahsan, A.B.M. Saiful Islam, M. Obaydullah, Raizal S.M. Rashid
      Pages: 125 - 137
      Abstract: Child labour is an enduring phenomenon of exploitation of children who are up to the age of 18. Many scholars believe that the age interval 13 to 15 years old should not be talked about as child labour but as teenage or youthful employment. However, the majority of authors do not accept this view. This article will examine the exploitation of children aged up to 18 years in the USA and Europe from a comparative perspective.
      Keywords: child labour; children's rights; European Court of Human Rights; International Convention on the Rights of the Child; European Convention on Human Rights; US Supreme Court; child trafficking; forced labour; servitude; slavery; ILO Convention 138; ILO Conven
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 2 (2014) pp. 125 - 137
      PubDate: 2014-06-13T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.062754
      Issue No: Vol. 2, No. 2 (2014)
       
  • Combating discrimination against older persons
    • Authors: Kh. Mahfuz ud Darain, Amimul Ahsan, A.B.M. Saiful Islam, M. Obaydullah, Raizal S.M. Rashid
      Pages: 138 - 149
      Abstract: The older people in every society the world over are in no doubt senior citizens' who should be treated with dignity and accorded proper recognition. Being fully aware of this, the United Nations dedicated October 1st of every year as the International Day of Older Persons, a significant day to commemorate aged persons globally. Also, in recent years, various international human rights instrument have been enacted to fully protect human rights. There are numerous obligations vis-a-vis older people which are implicit in general human rights law but explicit attention to older people is rare. Specific provisions, when they do occur, are confined to a limited range of rights and are not consistent across either international or regional instruments. In view of the above, this paper seeks to consider notable areas where older people in the society encounter discrimination and also propose concrete recommendations that would help proffer solution to these problems.
      Keywords: rights of older persons; discrimination; older adults; older people; international human rights law; constitutional law; rights of the elderly; fundamental human rights of older citizens; discrimination; protecting the aged
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 2 (2014) pp. 138 - 149
      PubDate: 2014-06-13T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.062755
      Issue No: Vol. 2, No. 2 (2014)
       
  • Design of cultural differences in hypermedia environments
    • Authors: Kh. Mahfuz ud Darain, Amimul Ahsan, A.B.M. Saiful Islam, M. Obaydullah, Raizal S.M. Rashid
      Pages: 150 - 170
      Abstract: In this article, initially, the definition of the relevant terms such as culture/cultural differences and hypermedia will be focussed on. Later, the role and importance of the inclusion and design of cultural differences in hypermedia environments in terms of learning/teaching will be concentrated on. The aim is: 1) to give the definition of the pertinent terms and state what cultural differences mean; 2) to explore the inclusion, role and design of cultural differences in hypermedia environments in terms of learning. At this digital age, the majority of the worldwide learners are generally digitally fluent and competitive [Türel, (2013), p.483; Gros et al., (2012), pp.190-210] although some claims otherwise [Bullen et al., (2011), pp.1-24]. Therefore, the increasing opportunities for learners to access such innovative resources are likely to open the way for a number of positive changes in their lives towards not only to their own cultures, but also to different cultures. Pedagogically and epistemologically, materials writers and educational institutions should respond to all learners who come from a wide range of diverse backgrounds. Material writers and educational institutions should also accommodate learners' cultural differences in teaching/learning materials whether they are in the form of conventional materials (CMs) or hypermedia environments. Not only does such an inclusion help them gain confidence, but it also helps them respect for themselves as well as others.
      Keywords: design; cultural differences; learning materials; teaching materials; hypermedia environments; culture; education
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 2 (2014) pp. 150 - 170
      PubDate: 2014-06-13T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.062766
      Issue No: Vol. 2, No. 2 (2014)
       
  • All you need is law: Italian courts break new ground in the treatment
           of same-sex marriage
    • Authors: Massimo Fichera, Helen Hartnell
      Pages: 171 - 177
      Abstract: On 15 March 2012 the Italian Corte di Cassazione delivered a judgment in case 4184/12 which marks a fundamental change of direction in the treatment of same-sex marriage in the Italian legal system. This case must be read in conjunction with other recent cases decided by Italian and European courts, which are relied upon by the Corte di Cassazione. In fact, a short outline of the case-law illustrates both the piecemeal nature of legal developments affecting same-sex marriage and the complex mix of issues that arise in this legal field. The issue of same-sex marriage bridges private and public law, and implicates family, free movement, and equality (non-discrimination) rights under national and European provisions. This paper argues that, even if the Court's ruling did not confer upon same-sex couples a specific right to marry or to have a marriage registered in Italy, it still extended their status by recognising a right to family life and, on that basis, a right to be treated on an equal footing with heterosexual married couples.
      Keywords: same-sex marriage; European Court of Human Rights; free movement; family law; Italian Constitutional Court; discrimination; Italy; equality; right to family life
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 2 (2014) pp. 171 - 177
      PubDate: 2014-06-13T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.062765
      Issue No: Vol. 2, No. 2 (2014)
       
  • The right to unemployment assistance through discrimination issues:
           B11AL21/11R (Bundessozialgericht - Germany)
    • Authors: Massimo Fichera, Helen Hartnell
      Pages: 178 - 182
      Abstract: An unemployed mother makes a request to rejoin the Qualification Group 2 for unemployment assistance. After initial refusal by the competent authority, the applicant appealed to the courts. However, the Bundessozialgericht dismissed the appeal on the ground that the applicant should have a university degree in order to join the qualification group 2. Nonetheless, it raises two key issues: a) the legal framework of the unemployment assistance; b) two kinds of discrimination against the applicant.
      Keywords: unemployment assistance; right to work; university degree; non-discrimination principle; discrimination; Germany
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 2 (2014) pp. 178 - 182
      PubDate: 2014-06-13T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.062752
      Issue No: Vol. 2, No. 2 (2014)
       
  • Sexual orientation as a reason of persecution: UKSC 38 (Supreme
           Court of the United Kingdom)
    • Authors: Massimo Fichera, Helen Hartnell
      Pages: 183 - 187
      Abstract: A gay man was entitled to live freely and openly in accordance with his sexual identity under the refugee convention ('the convention') and it was no answer to the claim for asylum that he would conceal his sexual identity in order to avoid the persecution that would follow if he did not do so. The Supreme Court of the UK had to solve this complex problem as many issues were raised in the hearing.
      Keywords: right of asylum; right to sexual orientation; freedom of thought; persecution; Supreme Court; UK; United Kingdom; refugee convention
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 2 (2014) pp. 183 - 187
      PubDate: 2014-06-13T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.062753
      Issue No: Vol. 2, No. 2 (2014)
       
  • ECtHR condemns Greece for banning same-sex civil unions: case
           Vallianatos and others versus Greece (7.11.2013)
    • Authors: Massimo Fichera, Helen Hartnell
      Pages: 188 - 189
      Abstract: The present comment offers a short account of the European Court of Human Rights judgment Vallianatos versus Greece. According to the ECtHR, Greece, by banning homosexual couples from entering same sex civil unions with Law 3719/2008, violated Arts 9 and 14 of the European Convention regarding the protection of privacy and family life and the prohibition of any unlawful discriminations.
      Keywords: same sex civil union; right to privacy; right to family life; equality; non-discrimination; European Court of Human Rights; European Convention of Human Rights; discrimination; homosexual couples
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 2, No. 2 (2014) pp. 188 - 189
      PubDate: 2014-06-13T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2014.062760
      Issue No: Vol. 2, No. 2 (2014)
       
 
 
JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
Fax: +00 44 (0)131 4513327
 
About JournalTOCs
API
Help
News (blog, publications)
JournalTOCs on Twitter   JournalTOCs on Facebook

JournalTOCs © 2009-2014