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Journal Cover International Journal of Human Rights and Constitutional Studies
  [9 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  [412 journals]
  • Burial, cremation or transplantation? Reflections on legal and ethical
           problems in the framework of civil law doctrine
    • Authors: Anuradha Yarlagadda, J.V.R. Murthy, M.H.M. Krishna Prasad
      Pages: 3 - 16
      Abstract: In the Greek legal order, although only the absence of opposition of the deceased is required for his cremation and transplantation, the consent of his relatives is additionally called for, as if power over his body now belongs to them. In this sense, it could be argued that with regard to the legal fate of the corpse there is another case of (quasi-) succession causa mortis. From this basis of analogy arises the issue of the application of provisions of the law of inheritance mutatis mutandis in this instance (the disposal of the corpse). In this framework, the consent of the deceased shall be subject (directly or by analogy) to the legal status of a will (e.g. formality, revocability, defects, etc.); the relatives, to whom the law leaves the matter should be treated as intestate quasi-successors. Their disputes shall be solved via interim measures, although the decision would most probably exhaust the object in the case.
      Keywords: opt-in; opt-out; religious freedom; human values; environment; public health; extra commercium; quasi-succession causa mortis; last will declaration; burial; cremation; transplantation; legal problems; ethical problems; civil law; intestate succession; i
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 4, No. 1 (2016) pp. 3 - 16
      PubDate: 2016-04-22T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2016.076075
      Issue No: Vol. 4, No. 1 (2016)
  • Protecting the interest of the girl-child in Nigeria: matters
    • Authors: Anuradha Yarlagadda, J.V.R. Murthy, M.H.M. Krishna Prasad
      Pages: 17 - 30
      Abstract: Issues relating to gender equality and protection of women's rights are at the forefront of contemporary human rights discourse. There is a perception, especially in the African setting, that established notions of culture and cultural practices, given their patriarchal foundations have overtime served as major hindrances to the empowerment of women. There is however the distinct possibility that the relationship between culture and women's rights has been misunderstood by scholars, activists and policy-makers. This article is an examination of the empowerment of the girl-child in the context of the Nigerian cultural setting from the standpoint of ideological conceptions grounding established societal behaviour.
      Keywords: patriarchy; girls; female rights; Nigerian; gender equality; resocialisation; child marriage; female genital mutilation; FGM; rights culture; rights protection; female empowerment; women; ideology; national culture; children
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 4, No. 1 (2016) pp. 17 - 30
      PubDate: 2016-04-22T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2016.076049
      Issue No: Vol. 4, No. 1 (2016)
  • The interplay of the legal and the moral dimension of human rights for the
           implementation of human rights
    • Authors: Anuradha Yarlagadda, J.V.R. Murthy, M.H.M. Krishna Prasad
      Pages: 31 - 44
      Abstract: This article addresses human rights in their complexity by dealing with the legal dimension of human rights and the moral dimension of human rights. The discussion of both dimensions and their specific contributions to the implementation of human rights - e.g., the element of enforcement by the legal dimension of human rights or the aspect of justifying the universality of human rights through the moral dimension - and their limits (e.g., the risk of particularity of legal human rights or the 'weakness' of moral human rights) lays the ground for the deliberation of the relation between them. Based on this assessment and deepened understanding of both dimensions, their interplay for the implementation of human rights is explored.
      Keywords: human rights implementation; legal dimension; moral dimension; universality; minimum standards; justification; individual; egalitarian; fundamental; categorical; enforceable; law; morality; human rights
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 4, No. 1 (2016) pp. 31 - 44
      PubDate: 2016-04-22T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2016.076056
      Issue No: Vol. 4, No. 1 (2016)
  • The Dayton democracy model and its impact on the Bosnian State
    • Authors: Anuradha Yarlagadda, J.V.R. Murthy, M.H.M. Krishna Prasad
      Pages: 45 - 53
      Abstract: The Dayton Peace Agreement (DPA) ended the war in Bosnia-Herzegovina (B&H) and created a new constitutional order. The very first unique feature of DPA is its 10th Annex which provides one person (The High Representative of the International Community in B&H) with enormous powers (legislative, judicial and executive) which is granted to him by this Annex. In this respect a new concept of interventionism is introduced to justify the involvement of external factors in internal affairs of B&H. The 'prescribed Dayton democracy' from outside is not really a democracy in a full sense, because it has put the war elites in charge, with a questionable legitimacy, who are under foreign influence. The DPA formalised and emphasised this concept of 'ethnicalisation' of the constitutional system, by putting the constituent peoples at the very core of Bosnian statehood. This constituent people's concept created an ethnic based power sharing that did not function until today. State-building in B&H has been drastically slowed down by internal disagreement, fostered by the consociatal model of democracy. Such 'constitutional and democracy model& impacts significantly the stability of the Bosnian state.
      Keywords: veto players; extractive institutions; ethnocracy; consociational democracy; rule of law; state institutions; Dayton Constitution; federalism; ethnic territories; ethnic voting; Bosnia and Herzegovina; Dayton Peace Agreement; Dayton Peace Accord; DPA; intervention
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 4, No. 1 (2016) pp. 45 - 53
      PubDate: 2016-04-22T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2016.076076
      Issue No: Vol. 4, No. 1 (2016)
  • Physical punishment in Ghana and Finland: criminological,
           sociocultural, human rights and child protection implications
    • Authors: Suleman Ibrahim, Sirkka Komulainen
      Pages: 54 - 74
      Abstract: This article deploys a critical examination of criminology-claims regarding connections between physical punishment (PP) and juvenile delinquency connection. With a particular focus on PP of children as a risk factor, this article explores the multifacetedness of 'what is true of all societies and what is true of one society at one point in time and space'. Drawing on sociocultural variations, Ghana and Finland, representing Sub-Saharan and Nordic regions respectively, will be presented as two different kinds of exemplary cultural contexts. A critical look is also taken on the UN Convention (United Nations, 1989) on children's rights regarding global-sociocultural diversity in child-rearing and parenting. It is maintained that mainstream criminological associations between PP and juvenile delinquency are not universalisable due to sociocultural variations across regions. Concomitantly, tensions remain in understanding the impacts of PP vis-a-vis mainstream child protection discourses/practices as well as making these discourses/practices a reality in non-Western regions such as Ghana.
      Keywords: physical punishment; sociocultural variations; children's rights; child protection; criminology claims; Ghana; Finland; corporal punishment; human rights; juvenile delinquency; child rearing; parenting
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 4, No. 1 (2016) pp. 54 - 74
      PubDate: 2016-04-22T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2016.076060
      Issue No: Vol. 4, No. 1 (2016)
  • The place of private ordering in regulating families in Kenya
    • Authors: Michael Wabomba Masinde, Anne Anyango Rasowo
      Pages: 75 - 84
      Abstract: In civil jurisdictions, the family is a core unit of the society. It therefore, goes without saying that regulation of families is a matter of public interest. Public ordering of families has always taken precedence in regulation of family unit. With time, however, private ordering has become a mechanism or a means of regulating families. Pragmatic arguments have been advanced for and against both public and private ordering of families. Such arguments are religious, philosophical, legal as well as ethical. The evolving and constantly changing societal values have also encouraged incorporation of private ordering in regulation of family. This is because in certain instances changes in the society are ahead of the law and therefore, the law has to play a catch-up, for example; in the case of emerging non-traditional family units and new technologies in reproduction. This article reviews issues surrounding private ordering and seeks to establish the place of private ordering in regulation of families in Kenya.
      Keywords: private ordering; family law; human rights; family rights; Kenya; family regulation; family units; reproduction; societal values
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 4, No. 1 (2016) pp. 75 - 84
      PubDate: 2016-04-22T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2016.076045
      Issue No: Vol. 4, No. 1 (2016)
  • Safe harbour not so safe anymore: the European Court of Justice
           Judgment C-362/14 (Maximillian Schrems versus Data Protection
    • Authors: Michael Wabomba Masinde, Anne Anyango Rasowo
      Pages: 85 - 91
      Abstract: The European Union has adopted over the years a most protective legal framework regarding privacy and data protection with Directive 95/46/EC holding a primary role. Under the current EU legislation companies and organisation operating in the European Union cannot transfer personal data to third countries unless they can guarantee that the EU standards of protection will be followed. With the Safe Harbor Decision (2000/520/EC) of the European Commission, a set of principles processed between the US Department of Commerce and the European Union provided the framework for US companies to certify that they meet the EU requirements for personal data protection. Nevertheless, most recently, the European Court of Justice (C-362/14) responding to a preliminary question referred by the High Court of Ireland regarding Facebook's processing of personal data in the US, considered the Safe Harbor Decision as invalid due to the fact that it does not required all organisations and more specifically US federal government agencies to work with to comply with its requirements. Therefore, according to the European Court of Justice, the Safe Harbor Principles cannot provide with the sufficient guarantees.
      Keywords: personal data protection; Safe Harbor Principles; privacy protection; privacy preservation; European Commission; European Court of Justice; EU legislation; Facebook; USA; United States
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 4, No. 1 (2016) pp. 85 - 91
      PubDate: 2016-04-22T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2016.076057
      Issue No: Vol. 4, No. 1 (2016)
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