This document is a cover page for a student assignment on the topic of basic human rights. It includes the course details, evaluation criteria, a declaration by the student that the work is their own, and spaces for evaluator comments and the assigned grade. The main text is an excerpt from an academic essay discussing various international human rights laws and concepts regarding legal personality and capacity. It examines how different conventions have approached granting rights to individuals deemed incompetent, such as children and persons with disabilities.
this material contains understanding related to juvenile justice system in Nepal's context . further it collaborate with domestic and international convention.
This document discusses recent developments in advocacy for people with disabilities in Ireland. It summarizes that while Ireland has developed some advocacy services, full ratification of the UN Convention on the Rights of Persons with Disabilities requires reforming antiquated capacity laws and ensuring a right to supported decision-making. A proposed Mental Capacity Bill has been criticized for focusing on substitute decision-making instead of supports. Fully implementing Article 12 also requires supporting people's capacity to exercise their rights through independent advocacy and reasonable accommodations. However, existing disability laws granting these rights have not been fully commenced in Ireland.
Rights and Duties
Introduction
Definition
Kinds of Rights
Classification or Kinds of Rights
Legal or Moral Rights
Kinds of Legal Rights
Duty
Classification or Kinds of Duties
Conclusion
This document provides an abstract for a paper to be presented at a national seminar on juvenile justice and human rights. The paper will discuss the contemporary issues around setting a minimum age for criminal responsibility, particularly for serious crimes like rape and murder. It notes that in India, the 2012 Delhi gang rape case sparked debate around lowering the minimum age. The abstract outlines the historical development of juvenile laws in India and the current age of 18. It discusses the legal and scientific basis for setting the age. Global approaches are reviewed, and statistics on rising juvenile crime rates in India are presented. Arguments for and against revisiting the minimum age are summarized. The objective is to analyze the need to amend juvenile laws to curb rising delinquency while
The document discusses the role and requirements for becoming a public prosecutor in India. A public prosecutor represents the state in criminal trials and helps maintain fairness in the criminal justice system. To be eligible, one must have a law degree and have practiced as an advocate for at least seven years, and be consulted by the High Court. As a public prosecutor, one's main duties are to protect citizens by instituting and carrying out criminal proceedings for or against the government. The average salary for a public prosecutor is Rs. 1,020,000 per year. Relevant institutes for training mentioned include ones in Fatehgarh Sahib, Auraiya, and Hyderabad.
The document discusses the role and requirements for becoming a public prosecutor in India. A public prosecutor represents the state in criminal trials and helps maintain fairness in the criminal justice system. To be eligible, one must have a law degree and have practiced as an advocate for at least seven years, and be consulted by the High Court. As a public prosecutor, one's main duties are to protect citizens by instituting and carrying out criminal proceedings for or against the government. The average salary for a public prosecutor is Rs. 1,020,000 per year, and some institutes that can be attended are listed.
Leg 500 week 11 final exam – strayer newSarajacobe
This document contains a LEG 500 final exam from Strayer University covering chapters 1 through 9 of the textbook. It includes 20 multiple choice questions and 20 essay questions testing knowledge of business law, ethics, and concepts like whistleblowing, privacy, and diversity. The exam provides a comprehensive review of the key topics and issues discussed in the textbook chapters.
A Comparison of Child Protection Law between Indonesia and Malaysiaiosrjce
This paper aims to compare child protection law between Indonesia and Malaysia especially in
terms of family law (marriage), child definition and age limit, as well as other foundational principles. Content
analysis method of a variety of relevant references is used and a comparative approach to child protection law
in Indonesia and Malaysia is taken. There are many similarities between child protection law in Malaysia and
Indonesia, in which both systems specify the state, family, and parents responsibilities towards children. Also
specified are handling of child’s position, guardianship, rearing, adoption, religion, and abandonment. In
addition, special protection such as maintenance, recovery, custody, care, investigation, nursing, education,
prevention of economic exploitation, prevention of sexual abuse, prevention of child torture, and disability
treatment are also included. This paper concludes that in Malaysia child protection law has been fully
synthesised in Children Act of 2001 (Act 611), while in Indonesia child protection law is scattered in a number
of laws related to children including the Child Protection Law.
this material contains understanding related to juvenile justice system in Nepal's context . further it collaborate with domestic and international convention.
This document discusses recent developments in advocacy for people with disabilities in Ireland. It summarizes that while Ireland has developed some advocacy services, full ratification of the UN Convention on the Rights of Persons with Disabilities requires reforming antiquated capacity laws and ensuring a right to supported decision-making. A proposed Mental Capacity Bill has been criticized for focusing on substitute decision-making instead of supports. Fully implementing Article 12 also requires supporting people's capacity to exercise their rights through independent advocacy and reasonable accommodations. However, existing disability laws granting these rights have not been fully commenced in Ireland.
Rights and Duties
Introduction
Definition
Kinds of Rights
Classification or Kinds of Rights
Legal or Moral Rights
Kinds of Legal Rights
Duty
Classification or Kinds of Duties
Conclusion
This document provides an abstract for a paper to be presented at a national seminar on juvenile justice and human rights. The paper will discuss the contemporary issues around setting a minimum age for criminal responsibility, particularly for serious crimes like rape and murder. It notes that in India, the 2012 Delhi gang rape case sparked debate around lowering the minimum age. The abstract outlines the historical development of juvenile laws in India and the current age of 18. It discusses the legal and scientific basis for setting the age. Global approaches are reviewed, and statistics on rising juvenile crime rates in India are presented. Arguments for and against revisiting the minimum age are summarized. The objective is to analyze the need to amend juvenile laws to curb rising delinquency while
The document discusses the role and requirements for becoming a public prosecutor in India. A public prosecutor represents the state in criminal trials and helps maintain fairness in the criminal justice system. To be eligible, one must have a law degree and have practiced as an advocate for at least seven years, and be consulted by the High Court. As a public prosecutor, one's main duties are to protect citizens by instituting and carrying out criminal proceedings for or against the government. The average salary for a public prosecutor is Rs. 1,020,000 per year. Relevant institutes for training mentioned include ones in Fatehgarh Sahib, Auraiya, and Hyderabad.
The document discusses the role and requirements for becoming a public prosecutor in India. A public prosecutor represents the state in criminal trials and helps maintain fairness in the criminal justice system. To be eligible, one must have a law degree and have practiced as an advocate for at least seven years, and be consulted by the High Court. As a public prosecutor, one's main duties are to protect citizens by instituting and carrying out criminal proceedings for or against the government. The average salary for a public prosecutor is Rs. 1,020,000 per year, and some institutes that can be attended are listed.
Leg 500 week 11 final exam – strayer newSarajacobe
This document contains a LEG 500 final exam from Strayer University covering chapters 1 through 9 of the textbook. It includes 20 multiple choice questions and 20 essay questions testing knowledge of business law, ethics, and concepts like whistleblowing, privacy, and diversity. The exam provides a comprehensive review of the key topics and issues discussed in the textbook chapters.
A Comparison of Child Protection Law between Indonesia and Malaysiaiosrjce
This paper aims to compare child protection law between Indonesia and Malaysia especially in
terms of family law (marriage), child definition and age limit, as well as other foundational principles. Content
analysis method of a variety of relevant references is used and a comparative approach to child protection law
in Indonesia and Malaysia is taken. There are many similarities between child protection law in Malaysia and
Indonesia, in which both systems specify the state, family, and parents responsibilities towards children. Also
specified are handling of child’s position, guardianship, rearing, adoption, religion, and abandonment. In
addition, special protection such as maintenance, recovery, custody, care, investigation, nursing, education,
prevention of economic exploitation, prevention of sexual abuse, prevention of child torture, and disability
treatment are also included. This paper concludes that in Malaysia child protection law has been fully
synthesised in Children Act of 2001 (Act 611), while in Indonesia child protection law is scattered in a number
of laws related to children including the Child Protection Law.
Models of the settlement effort for communal conflictsAlexander Decker
This document summarizes two communal conflicts in Indonesia - one between villages in Central Lombok Regency and another between villages in Bima Regency, West Nusa Tenggara province. For the Central Lombok conflict, historical, social, economic, and legal factors contributed, including a belief that one village was descended from ancient kings and a lack of strong early law enforcement. For the Bima conflict, historical tensions dating back to resistance against Dutch colonizers in the early 1900s have led to four stages of conflict between the villages over the past century. The document analyzes causal factors and discusses potential legal and non-legal models for settling communal conflicts.
Models of the settlement effort for communal conflicts (in ketara village, ce...Alexander Decker
This document summarizes two communal conflict case studies in Indonesia and discusses models for settling such conflicts. It describes conflicts between villages in Central Lombok and Bima regencies that occurred over multiple stages from 1907-2009. The conflicts involved violence, deaths, and the use of weapons. The document then discusses legal issues around why such conflicts occur and effective settlement models. It analyzes Indonesia's civil law system and laws that could apply to communal conflicts, like the Criminal Code. The ideal is a model that guarantees legal certainty and justice through both penal and non-penal efforts.
The document summarizes discussions and activities around promoting LGBT rights that occurred between 2009 and 2010 in the Asia Pacific Forum region:
1) In May 2009, a workshop was held bringing together nine national human rights institutions to discuss implementing the Yogyakarta Principles and protecting LGBT rights. This resulted in the first NHRIs officially supporting the Yogyakarta Principles.
2) In August 2009, the Asia Pacific Forum annual meeting led to a research paper commissioned on legal issues facing LGBT people in the region.
3) In August 2010, the Advisory Council of Jurists met with five LGBT activists from the region to identify legal inconsistencies with human rights and develop recommendations to strengthen protections for LGBT people.
C R B P I Executive Summary Mapping F I N A LBirendra Raturi
This document provides an executive summary of the links between business and children's rights in order to frame the development of the Children's Rights and Business Principles. It discusses key aspects of children's rights as defined by the UN Convention on the Rights of the Child and explores the scope of business responsibility towards children, including both minimum standards of ensuring no harm to children as well as actions that can support children's rights. It examines how business interacts with children's rights across seven themes such as corporate governance, the workplace, supply chains, and community investment.
This presentation is designed to rebut political propaganda against Sovereignty Advocates directed at police officers and police departments. It gives police officers a clear understanding of sovereignty as a just, lawful, and peaceful pursuit. It is also useful as training in how to deal with police officers who are oppressing nonresidents in the free exercise of their right to travel.
This document outlines four law systems: Constitutional law, common law, criminal law, and civil statutory codes. It explains that constitutional law protects private rights and property, while common law is based on judicial precedent. Criminal law requires committing an act within a state and does not require consent. Civil statutory codes implement franchises and require domicile within a forum to sue under them. The document argues that government purpose has become corrupted by treating all property as public and requiring licenses and numbers to associate with private property.
This document discusses ethics and accountability in the Philippine public sector. It outlines the legal and constitutional frameworks that establish ethical standards for public officials, such as the Code of Conduct and Anti-Graft laws. It also describes the oversight institutions that enforce these standards, including the Civil Service Commission, Office of the Ombudsman, and Commission on Audit. Additionally, it discusses how political commitment, an active citizenry that provides feedback, and initiatives to promote ethics help reinforce ethics and accountability in the Philippine government.
The document discusses separating the roles of the Attorney General and Public Prosecutor in Malaysia to strengthen rule of law. Currently, the roles are fused into one person, creating conflicts of interest. The paper analyzes how the roles became fused due to the Malaysian Constitution's drafting and increasing political influence over time. It explores the legal framework underpinning the current system and problems it creates. The paper argues the roles must be separated to ensure independence and prevent powerful individuals from evading prosecution. It proposes recommendations based on international best practices to reform the appointment process and define independent scopes of duties for the Attorney General and Public Prosecutor.
This document outlines 11 principles of mental health laws according to Professor Anselm Eldergill:
1. Mental health laws should balance individual liberty, bringing necessary treatment to those who need it, and protecting the public, including both those detained and not detained.
2. The use of compulsory powers is meant to reduce human suffering, not eliminate all risk, and decisions should maximize happiness rather than solely focus on safety.
3. Any power over individuals risks abuse, so mental health laws establish legal duties, rights, and independent scrutiny to protect vulnerable populations like people with mental illnesses.
4. Upholding legal rights and the rule of law is constitutionally important for liberal democracies
This document outlines 19 principles for mental health laws:
1. Principles should consider human experience, not just reason.
2. State intervention should be limited to protect liberties and avoid prolonged damage from erroneous laws.
3. Democratic constitutions separate powers to ensure scrutiny of executive power and good governance.
4. Mental health laws aim to balance liberty, treatment, and public protection for all members of society.
This document appears to be a student project report submitted to Indore Institute of Law. It includes sections typical of a research project such as an acknowledgements section thanking those who provided guidance, a declaration affirming the work as the student's own, and an introduction outlining the topic of a fair trial as protected by the Indian Constitution and international agreements. The body of the document discusses concepts such as the presumption of innocence, rights to counsel, speedy trial, and others that comprise the right to a fair trial under Indian law and international human rights law.
LLB LAW NOTES ON ADMINISTRATIVE LAW
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KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
United Nations Convention on the rights of a childThirdy Malit
The document summarizes the United Nations Convention on the Rights of the Child. It establishes that the convention defines a child as anyone under 18 and requires nations who ratify it to act in children's best interests. It outlines several rights for children, including the right to life, an identity, parents, privacy, freedom of expression and thought, and information. Governments must take steps to protect and fulfill these rights.
U N I C E F ( Nov. 2008) Comprehensive And Holistic Legislative Reform On...Genevieve Whitaker
This document discusses a human rights-based approach to comprehensive and holistic legislative reform on behalf of children's rights. It argues that such an approach must recognize children as rights holders, take a holistic view of civil, political, economic, social and cultural rights, and involve stakeholders in the reform process. The key principles of a human rights-based approach include universality of rights, interdependence and indivisibility of rights, non-discrimination, participation, and accountability. Legislative reform following these principles would result in a legal framework that effectively protects all children and enables the realization of all their rights.
The concept of rule of law is that the state is governed by the law, not by any particular government. This paper displays the present condition of the rule of law in curriculum and students’ intention in getting a course or a training program on the rule of law in their curriculum. In this study, 23 in-depth interviews with different university going students of different disciplines—science, social science, medical and engineering, 2 key-informant interviews, and 3 focus group discussions (FGDs), along with intensive studies from various secondary sources, were conducted.
The document is an assignment on principles of natural justice submitted to Ms. Puneetish. It begins with an acknowledgement and includes an index, introduction, sections on the origin and purpose of natural justice. It discusses the key rules of natural justice - the rule against bias, rule of fair hearing, and reasoned decision. It also covers exceptions to the rules of natural justice and concludes by summarizing the importance of natural justice in preventing arbitrary decisions.
This document is a critical evaluation of Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, with specific reference to the Teddy Bear Clinic for Abused Children case. It begins with an introduction outlining the case and the debates it sparked. It then discusses the relevant South African constitutional provisions regarding children's rights. It provides an overview of the previous Sexual Offences Act and how it criminalized sexual acts between children. It analyzes Sections 15 and 16 of the 2007 Act prior to the Teddy Bear Clinic case and discusses statutory defenses. It then critically analyzes these sections and discusses the findings of the Teddy Bear Clinic case. It concludes by recommending further amendments to address
This document discusses concepts of rights and duties. It defines a right as an individual's entitlement to act in a certain way or have others act toward them. Legal rights are derived from legal systems, while moral rights (also called human rights) are based on moral principles and apply universally. Moral rights impose duties on others that allow individuals freedom of choice. They are correlated with duties and provide autonomy, equality, and basis for justifying actions. The document also discusses contractual rights/duties, Kant's theory of categorical imperative as a basis for moral rights, and problems with Kant's theory.
Bjmc i,jmc, unit-i, fundam ental rights and duties, directive principlesRai University
This document discusses fundamental rights and directive principles in the Indian constitution. It begins by outlining the historical conflict between individual rights and state power. It then explains how democratic systems aim to balance these through guaranteed fundamental rights. The document provides details on specific fundamental rights in the Indian constitution like equality before the law, prohibition of discrimination, equality of opportunity in public employment, and abolition of untouchability. It analyzes the purpose and scope of these rights.
Models of the settlement effort for communal conflictsAlexander Decker
This document summarizes two communal conflicts in Indonesia - one between villages in Central Lombok Regency and another between villages in Bima Regency, West Nusa Tenggara province. For the Central Lombok conflict, historical, social, economic, and legal factors contributed, including a belief that one village was descended from ancient kings and a lack of strong early law enforcement. For the Bima conflict, historical tensions dating back to resistance against Dutch colonizers in the early 1900s have led to four stages of conflict between the villages over the past century. The document analyzes causal factors and discusses potential legal and non-legal models for settling communal conflicts.
Models of the settlement effort for communal conflicts (in ketara village, ce...Alexander Decker
This document summarizes two communal conflict case studies in Indonesia and discusses models for settling such conflicts. It describes conflicts between villages in Central Lombok and Bima regencies that occurred over multiple stages from 1907-2009. The conflicts involved violence, deaths, and the use of weapons. The document then discusses legal issues around why such conflicts occur and effective settlement models. It analyzes Indonesia's civil law system and laws that could apply to communal conflicts, like the Criminal Code. The ideal is a model that guarantees legal certainty and justice through both penal and non-penal efforts.
The document summarizes discussions and activities around promoting LGBT rights that occurred between 2009 and 2010 in the Asia Pacific Forum region:
1) In May 2009, a workshop was held bringing together nine national human rights institutions to discuss implementing the Yogyakarta Principles and protecting LGBT rights. This resulted in the first NHRIs officially supporting the Yogyakarta Principles.
2) In August 2009, the Asia Pacific Forum annual meeting led to a research paper commissioned on legal issues facing LGBT people in the region.
3) In August 2010, the Advisory Council of Jurists met with five LGBT activists from the region to identify legal inconsistencies with human rights and develop recommendations to strengthen protections for LGBT people.
C R B P I Executive Summary Mapping F I N A LBirendra Raturi
This document provides an executive summary of the links between business and children's rights in order to frame the development of the Children's Rights and Business Principles. It discusses key aspects of children's rights as defined by the UN Convention on the Rights of the Child and explores the scope of business responsibility towards children, including both minimum standards of ensuring no harm to children as well as actions that can support children's rights. It examines how business interacts with children's rights across seven themes such as corporate governance, the workplace, supply chains, and community investment.
This presentation is designed to rebut political propaganda against Sovereignty Advocates directed at police officers and police departments. It gives police officers a clear understanding of sovereignty as a just, lawful, and peaceful pursuit. It is also useful as training in how to deal with police officers who are oppressing nonresidents in the free exercise of their right to travel.
This document outlines four law systems: Constitutional law, common law, criminal law, and civil statutory codes. It explains that constitutional law protects private rights and property, while common law is based on judicial precedent. Criminal law requires committing an act within a state and does not require consent. Civil statutory codes implement franchises and require domicile within a forum to sue under them. The document argues that government purpose has become corrupted by treating all property as public and requiring licenses and numbers to associate with private property.
This document discusses ethics and accountability in the Philippine public sector. It outlines the legal and constitutional frameworks that establish ethical standards for public officials, such as the Code of Conduct and Anti-Graft laws. It also describes the oversight institutions that enforce these standards, including the Civil Service Commission, Office of the Ombudsman, and Commission on Audit. Additionally, it discusses how political commitment, an active citizenry that provides feedback, and initiatives to promote ethics help reinforce ethics and accountability in the Philippine government.
The document discusses separating the roles of the Attorney General and Public Prosecutor in Malaysia to strengthen rule of law. Currently, the roles are fused into one person, creating conflicts of interest. The paper analyzes how the roles became fused due to the Malaysian Constitution's drafting and increasing political influence over time. It explores the legal framework underpinning the current system and problems it creates. The paper argues the roles must be separated to ensure independence and prevent powerful individuals from evading prosecution. It proposes recommendations based on international best practices to reform the appointment process and define independent scopes of duties for the Attorney General and Public Prosecutor.
This document outlines 11 principles of mental health laws according to Professor Anselm Eldergill:
1. Mental health laws should balance individual liberty, bringing necessary treatment to those who need it, and protecting the public, including both those detained and not detained.
2. The use of compulsory powers is meant to reduce human suffering, not eliminate all risk, and decisions should maximize happiness rather than solely focus on safety.
3. Any power over individuals risks abuse, so mental health laws establish legal duties, rights, and independent scrutiny to protect vulnerable populations like people with mental illnesses.
4. Upholding legal rights and the rule of law is constitutionally important for liberal democracies
This document outlines 19 principles for mental health laws:
1. Principles should consider human experience, not just reason.
2. State intervention should be limited to protect liberties and avoid prolonged damage from erroneous laws.
3. Democratic constitutions separate powers to ensure scrutiny of executive power and good governance.
4. Mental health laws aim to balance liberty, treatment, and public protection for all members of society.
This document appears to be a student project report submitted to Indore Institute of Law. It includes sections typical of a research project such as an acknowledgements section thanking those who provided guidance, a declaration affirming the work as the student's own, and an introduction outlining the topic of a fair trial as protected by the Indian Constitution and international agreements. The body of the document discusses concepts such as the presumption of innocence, rights to counsel, speedy trial, and others that comprise the right to a fair trial under Indian law and international human rights law.
LLB LAW NOTES ON ADMINISTRATIVE LAW
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
United Nations Convention on the rights of a childThirdy Malit
The document summarizes the United Nations Convention on the Rights of the Child. It establishes that the convention defines a child as anyone under 18 and requires nations who ratify it to act in children's best interests. It outlines several rights for children, including the right to life, an identity, parents, privacy, freedom of expression and thought, and information. Governments must take steps to protect and fulfill these rights.
U N I C E F ( Nov. 2008) Comprehensive And Holistic Legislative Reform On...Genevieve Whitaker
This document discusses a human rights-based approach to comprehensive and holistic legislative reform on behalf of children's rights. It argues that such an approach must recognize children as rights holders, take a holistic view of civil, political, economic, social and cultural rights, and involve stakeholders in the reform process. The key principles of a human rights-based approach include universality of rights, interdependence and indivisibility of rights, non-discrimination, participation, and accountability. Legislative reform following these principles would result in a legal framework that effectively protects all children and enables the realization of all their rights.
The concept of rule of law is that the state is governed by the law, not by any particular government. This paper displays the present condition of the rule of law in curriculum and students’ intention in getting a course or a training program on the rule of law in their curriculum. In this study, 23 in-depth interviews with different university going students of different disciplines—science, social science, medical and engineering, 2 key-informant interviews, and 3 focus group discussions (FGDs), along with intensive studies from various secondary sources, were conducted.
The document is an assignment on principles of natural justice submitted to Ms. Puneetish. It begins with an acknowledgement and includes an index, introduction, sections on the origin and purpose of natural justice. It discusses the key rules of natural justice - the rule against bias, rule of fair hearing, and reasoned decision. It also covers exceptions to the rules of natural justice and concludes by summarizing the importance of natural justice in preventing arbitrary decisions.
This document is a critical evaluation of Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, with specific reference to the Teddy Bear Clinic for Abused Children case. It begins with an introduction outlining the case and the debates it sparked. It then discusses the relevant South African constitutional provisions regarding children's rights. It provides an overview of the previous Sexual Offences Act and how it criminalized sexual acts between children. It analyzes Sections 15 and 16 of the 2007 Act prior to the Teddy Bear Clinic case and discusses statutory defenses. It then critically analyzes these sections and discusses the findings of the Teddy Bear Clinic case. It concludes by recommending further amendments to address
This document discusses concepts of rights and duties. It defines a right as an individual's entitlement to act in a certain way or have others act toward them. Legal rights are derived from legal systems, while moral rights (also called human rights) are based on moral principles and apply universally. Moral rights impose duties on others that allow individuals freedom of choice. They are correlated with duties and provide autonomy, equality, and basis for justifying actions. The document also discusses contractual rights/duties, Kant's theory of categorical imperative as a basis for moral rights, and problems with Kant's theory.
Bjmc i,jmc, unit-i, fundam ental rights and duties, directive principlesRai University
This document discusses fundamental rights and directive principles in the Indian constitution. It begins by outlining the historical conflict between individual rights and state power. It then explains how democratic systems aim to balance these through guaranteed fundamental rights. The document provides details on specific fundamental rights in the Indian constitution like equality before the law, prohibition of discrimination, equality of opportunity in public employment, and abolition of untouchability. It analyzes the purpose and scope of these rights.
Sources of Human Rights in Islam and WesternEHSAN KHAN
Human rights are a special sort of inalienable moral entitlement. They attach to all persons equally, by virtue of their humanity, irrespective of race, nationality, or membership of any particular social group. Human rights belong to an individual as a consequence of being human. The term came into wide use after World War II, replacing the earlier phrase "natural rights," which had been associated with the Greco-Roman concept of natural law since the end of the Middle Ages. As understood today, human rights refer to a wide variety of values and capabilities reflecting the diversity of human circumstances and history. They are conceived of as universal Universality of human rights is controutrsial, applying to all human beings everywhere, and as fundamental, referring to essential or basic human needs.
The concept of human rights is based on the belief that every human being is entitled to enjoy her/his rights without discrimination. Human rights differ from other rights in two respects. Firstly, they are characterized by being:
Chapter 3 Due Process, Equal Protection, and Civil Rights Those .docxchristinemaritza
Chapter 3 Due Process, Equal Protection, and Civil Rights
Those who deny freedom to others deserve it not for themselves.
Abraham Lincoln
CHAPTER OBJECTIVES
After studying this chapter you should better understand:
· • The standards applied for determining whether a procedure satisfies the constitutional due process requirements
· • The manner in which the restrictions on federal government action in the Bill of Rights have been incorporated into the due process guaranty that applies to state actions
· • The U.S. Supreme Court’s approach to determining whether classifications violate the constitutional equal protection requirements
· • The classifications to which “strict scrutiny” is applied in the equal protection analysis
· • The basic remedies available for civil rights violations
At the heart of the rule of law lie the ideals that everyone should be treated fairly and equally before the law. Toward this end the U.S. Constitution protects individual rights by constraining government. But fairness and equality cannot be reduced to prohibitions. To reach more broadly the Constitution also includes fundamental guaranties. Many important court decisions and legislative acts addressing individual rights have been based on the two most fundamental general guaranties: the Due Process Clause and the Equal Protection Clause.
A Due Process Clause was part of the Fifth Amendment in the original Bill of Rights and it was aimed at the federal government. It provides that no person shall be “deprived of life, liberty, or property, without due process.” The original Bill of Rights did not mention equal protection of the laws in a general sense. The Fourteenth Amendment, added after the Civil War and aimed at former slave states, included the same due process provisions as the Fifth Amendment. The Fourteenth Amendment also included the Equal Protection Clause. It provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” Although nothing in the text said that equal protection applied to the federal government as well as to the states, the U.S. Supreme Court eventually held that it did. In 1954 in Bolling v. Sharpe the Court said that “the concepts of equal protection and due process, both stemming from our American ideal of fairness, are not mutually exclusive. The ‘equal protection of the laws’ is a more explicit safeguard of prohibited unfairness than ‘due process of law,’ and, therefore, we do not imply that the two are always interchangeable phrases. But, as this Court has recognized, discrimination may be so unjustifiable as to be violative of due process.”1 Consequently due process and equal protection apply to both federal and state laws.
The Due Process and Equal Protection Clauses address government action. They require that laws and legal procedures be fair. As discussed in the final section of this chapter, other constitutional provisions or laws may directly address unfair or discriminato ...
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Lecture Note- 5 Principle of Natural Justice.pptxLoreetoSchool
The document discusses the principles of natural justice. It defines natural justice as the concept of fairness in dispute resolution, particularly that adjudication should be unbiased and each party should have equal access and awareness of arguments. The key principles of natural justice discussed are:
1) The rule against bias - the decision maker must be impartial without pecuniary, personal, or official conflicts of interest.
2) The right to a fair hearing - parties have a right to notice of proceedings and an opportunity to be heard before a decision is made.
3) The right to a reasoned decision - parties have a right to a decision with reasons to safeguard against arbitrary rulings and understand the result.
The Bangladesh
The document discusses various topics related to human rights including the United Nations Human Rights Council, measures for protecting child rights, objectives and features of the Human Rights Act 1993 in India, constitution of the National Human Rights Commission in India, collective rights, and the scope of public interest litigation with respect to human rights in India. It provides answers to several questions related to these topics with details on international conventions, classifications of rights, duties of state institutions, and the role of courts in protecting human rights.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
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सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
1. Annexure-V- Cover Page for Academic Tasks
Course Code: LAW899 Course Title: Basic Human Rights
Course Instructor: Dr. Ramesh Kumar Student Name - Sadan
Date ofsubmission: 25-03-2022
Student’s Reg.no: 11916114
Evaluation Parameters:(Parametersonwhichstudentisto be evaluated- Tobe mentionedbystudentsas
specifiedatthe time of assigningthe taskby the instructor)
Learning Outcomes: To give brief information on given topic
Declaration: I hereby declare that all the work is done by me and just by the help of the
research paper. I have not copied any text from any source.
Student’s Signature; Sadan
General Observations Suggestions for Best part of
assignment
Improvement
Evaluator’s comments (For Instructor’s use only)
Evaluator’s Signature and Date:
Marks Obtained: ___ Max. Marks
2. I. Introduction
Article 16 of the International Covenant on Civil and Political Rights (ICCPR) asserts the
non-derogable right of everyone to “recognition everywhere as a person before the law”. This
recognition of legal personality does not include legal capacity (the ability to perform legally
significant acts). Part of the reason for the omitting a right to legal capacity was the
understanding that certain individuals, in particular minors and
‘persons of unsound mind’, are incapable of exercising legal capacity.
The Convention on the Rights of the Child (CRC) and the Convention on the Rights of
Persons with Disabilities (CRPD) had to confront the question of how such incompetent
individuals might possess and exercise human rights. If incompetent individuals were granted
legal capacity, their ability to exercise that capacity would need to be addressed. If they were
not granted legal capacity, the treaties would need to ensure that this did not inhibit their
exercise of human rights.
II. The Concepts of Recognition as a Person before the Law and of Legal Capacity
Recognition as a person before the law, legal personality, juridical personality, the capacity to
have rights, legal capacity, the capacity to act, competence, and autonomy are related terms
used in various overlapping ways. The first part of this chapter defines how these terms are
used in this essay and describes the connections that exist between them. The drafting history
of article 16 of the ICCPR and article 6 of the Universal Declaration of Human Rights
(UDHR) illustrate these connections and the purpose of these rights. The CRC and CRPD
approach these issues in very different ways from each other and the ICCPR, but some of the
same concerns and connections emerge from their provisions.
A. Definitions
The term ‘recognition as a person before the law’ is used only when it appear in the text of
treaties. Legal personality and juridical personality are treated as synonyms. A legal person
“enjoys, and is subject to, rights and duties at law”. It recognises the existence of the
individual as a human being with distinct needs, interests, and opinions and is “a necessary
prerequisite to all other rights of the individual”. This is the essence of the right to
recognition as a person before the law in the ICCPR.
B. The Origin and Purpose of the Right to Recognition as a Person before the Law in
International Human Rights Law
The interpretation of the final text of article 16 of the ICCPR is limited by the explicit
intention of the General Assembly to restrict it to legal personality.[1] This statement of
intent was necessary because the scope of the provision was ambiguous and had at times
explicitly or implicitly included legal capacity as well as legal personality.
The text discussed by the Commission on Human Rights (UNCHR) in 1947 read:
3. “1. No person shall be deprived of his juridical personality.
2. No person shall be restricted in the exercise of his civil rights save in the case of:
a) minors;
b) persons of unsound mind; and
c) persons convicted of crime for which such restriction is provided by law.”[3]
C. The Right to Recognition as a Person before the Law in the Convention on the
Rights of the Child
The CRC does not contain a provision explicitly stating that every child has the right to
recognition as a person before the law. Article 7 provides that “The child shall be registered
immediately after birth and shall have the right from birth to a name…”. These rights are
necessary for and “designed to promote recognition of the child's legal personality”.
The recognition that the child is a person with rights, views, and interests distinct from those
of his or her parents and family is integral to the CRC and implicit in many of its provisions.
In particular article 3(1) states that:
“In all actions concerning children, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities or legislative bodies, the best interests of
the child shall be a primary consideration.”
D. Right to Recognition as a Person before the Law in the Convention on the Rights of
Persons with Disabilities
Article 12 of the CRPD reads:
“1. States Parties reaffirm that persons with disabilities have the right to recognition
everywhere as persons before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal
basis with others in all aspects of life.
3. States Parties shall take appropriate measures to provide access by persons with disabilities
to the support they may require in exercising their legal capacity.
4. States Parties shall ensure that all measures that relate to the exercise of legal capacity
provide for appropriate and effective safeguards to prevent abuse in accordance with
international human rights law. Such safeguards shall ensure that measures relating to the
exercise of legal capacity respect the rights, will and preferences of the person, are free of
conflict of interest and undue influence, are proportional and tailored to the person's
circumstances, apply for the shortest time possible and are subject to regular review by a
competent, independent and impartial authority or judicial body. The safeguards shall be
proportional to the degree to which such measures affect the person's rights and interests.”
4. Theories of Rights, Competence, and Capacity
The CRC and the CRPD assume and assert that children and persons with disabilities have
human rights and are capable of exercising such rights. In doing so they reject any theory of
rights that sees the independent exercise of and ability to enforce rights as preconditions for
possessing rights. The assertion of legal capacity in the CRPD could accommodate these
theories, but the provision of assistance runs counter to the emphasis on the independent
ability of the individual to enforce his or her rights. Any theory of this kind would see the
lack of legal capacity and of a right to remedy for violations of their rights as fatal flaws in
the CRC, since this leaves children without a guarantee that they can legally enforce their
rights. The Committee on the Rights of the Child has emphasised that children must have
access to complaints mechanisms as part of the recognition of their rights. Although this goes
some way towards filling the gap, the vindication of rights is still dependent on the
cooperation of adults and so cannot reconcile the CRC with these theories. An approach of
this kind sees the ‘rights’ as belonging to the adults who have the legal capacity to exercise
and enforce them. It is therefore argued that it would be more useful to focus on their
obligations to provide care and protection to children than on the child’s ‘rights’. Once
human rights is accepted as a relevant framework, the underlying principles of this position
lead to a debate about the purpose of human rights for vulnerable individuals: is it more
important to promote autonomy or to ensure protection.
The Best Interests Principle
One of the general principles of the CRC is that “ In all actions concerning children, whether
undertaken by public or private social welfare institutions, courts of law, administrative
authorities or legislative bodies, the best interests of the child shall be a primary
consideration”.80
Children: A Comment on Freeman’ in Alston, Parker and Seymour (n 68), 73-74.
78 Campbell (n 76), 3 eloquently puts it “the exclusive stress on self-sufficiency and
autonomy ... is a woefully partial expression of why people count and why we matter to each
other”.
79 Freeman considers physical integrity and dignity important aspects of respect for the
rights of the child, but his theories appear to consider autonomy the more important value.
80 CRC, art 3(1).
Article 18 having recognised that parents or legal guardians “have the primary responsibility
for the upbringing and development of the child” asserts that “The best interests of the child
will be their basic concern”.81 As a guiding principle of the CRC the best interests of the
child, along with the right to be heard, the principle of non-discrimination, and the right to
life should inform the interpretation of all other provisions.82 It is, as Cantwell points out,
important to note that the best interests of the child is only a primary consideration.83
Although the best interests of the child must always be considered (reinforcing the
recognition of the independent legal personality of the child) they will not be determinative of
5. the outcome of every decision. Nor can the best interests principle be given more weight than
the other general principles.
Solutions for Individuals with Limited Competence - Guardianship and Supported
Decision Making
The tension between rights based and welfare based approaches to children and persons with
disabilities arises in part from the knowledge that individuals with limited competence will
have difficulty exercising their rights and legal capacity. Both guardianship and supported
decision making aim to resolve this problem.
A guardian is “a person who has, or is by law entitled to, the custody of the person or
property (or both) of an infant or other person legally incapable of managing his or her own
affairs”. This definition highlights two central features of guardianship, the control the
guardian has over the ward and that this control is based on the incompetence of the ward.
Guardianships may be limited to particular areas (financial transactions or medical treatment,
for example) or the guardian may have control over all aspects of the ward’s life.
IV. Competence and Incapacity
The fundamental reason for denying children and persons with disabilities legal capacity is
that they are assumed to be incompetent and so unable to exercise legal capacity effectively
or in a manner which adequately protects their rights and interests. The CRC and CRPD,
however, assert that children and persons with disabilities are capable of possessing and
exercising human rights and, in the case of the CRPD, that persons with disabilities have
legal capacity. Both treaties regard competence as a quality that exists on a spectrum, rather
than something that individuals either do or do not possess. This requires a decision on what
level of competence is necessary for legal capacity if incompetence is to be used as a reason
for restricting capacity. It also means that the competence of each individual must be assessed
in order to ascertain whether he or she is above or below the threshold set for capacity. It is
no longer possible to simply label children and ‘persons of unsound mind’ as incompetent
and therefore restrict their capacity.
Incompetent
Alderson and Goodwin point out that it is difficult to define competence positively rather
than by placing it in opposition to obvious examples of incompetence. This is reinforces the
illusion that there is a rigid divide between competence and incompetence. This division is
then applied to the problem of defining children; since adults are assumed to be competent
this is taken as a characteristic of adulthood and children as non-adults are presumed to be
incompetent. The dichotomy of competence and incompetence fits into and reinforces the
tendency to define children negatively as ‘not-adults’. Even the CRC takes this approach,
defining a child as “every human being below the age of eighteen years unless under the law
applicable to the child, majority is attained earlier”, i.e. a child is anyone who is not
recognised as an adult under national law.139 In this way the idea of incompetence becomes
a defining feature of childhood, making it problematic to recognise children as competent.
The child’s dependent status reinforces the presumption of incompetence since it follows
6. logically that the dependent must be less competent than the individual(s) he or she relies on
for protection.
Models for the Assessment of Competence
The CRC and CRPD both recognise competence as a variable quality rather than something
that an individual either does or does not possess. If either legal capacity or the provision of
assistance are to be dependent on the individual’s level of competence it therefore becomes
necessary to assess competence. The basis on which such assessments are carried out may
have a significant impact on the outcome. The two most fundamental questions to be asked
are ‘what triggers an assessment of competence’ and ‘is the initial presumption that
individuals are competent or that they are incompetent’. The latter influences whether the
individual is trying to prove their competence or someone else is attempting to prove their
incompetence. It is also significant in that the presumption will govern the situation of all
individuals who do not challenge the status quo and most of those who do.
Conclusion
The CRPD and the CRC take very different approaches to the question of the possession and
exercise of human rights by persons regarded as having low competence and particularly the
role that these individuals should have in decisions about their lives. The CRC prioritises
protection, enabling children’s decisions to be overruled in almost all circumstances by
reference to their best interests. Children’s capacity is and can be limited for no other reason
than that they are children and as such are assumed to have limited competence.
The CRPD, on the other hand, takes the position that the final power to make decisions about
their lives should rest with the individual. Individuals possessing legal capacity cannot be
prevented from making ‘bad’ decisions, but the guarantee of assistance aims to ensure that
these decisions are the result of the will of the individual, not a consequence of
incompetence. Because it safeguards the exercise of autonomy by the individual and assumes
that the individual is the primary player in decisions about his or her life, the CRPD does not
explicitly assert his or her role in decision making. The CRC on the other hand provides for
the child’s right to be heard and for his or her views to be taken into account. It provides a
stronger guarantee of participation precisely because children are disempowered by their lack
of capacity and so their right to participate cannot be assumed. If it were not stated as a right,
children’s participation in decisions about their lives would be wholly at the discretion of the
adults who control their lives. The CRPD provides no such absolute safeguards for persons
with disabilities under guardianship.