Forthcoming articles

 


International Journal of Human Rights and Constitutional Studies

 

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International Journal of Human Rights and Constitutional Studies (8 papers in press)

 

Regular Issues

 

  • HUMAN RIGHTS OF THE MUSLIM GUJJARS IN INDIA: A CASE STUDY OF THE PUNJAB STATE   Order a copy of this article
    by Satnam Singh Deol 
    Abstract: Present study has been conducted through empirical-observational approach while applying the methods of scheduled and unscheduled interviews through the accidental sampling and snow-ball sampling techniques. The study reveals that rights of Muslim Gujjars are always under the risk of multiple vulnerabilities. Firstly, being a socially nomadic and economically marginalized community, they are deprived of the basic necessities. Secondly, being an ethnic minority migrated from other regions to Punjab, they experience hazards to their social, cultural and religious rights as well. Further, conditions of children and women have been found miserable in the study. Unfortunately, the state in actual, has not yet recognized them as socially and economically vulnerable community and hence there is dearth of state initiative to improve their social and economic conditions. Worryingly, due to extreme ignorance regarding human rights, the community does not depict any notions to initiate any movement for the availability of their basic rights.
    Keywords: Semi-Nomadic; Illiteracy; Essential Needs; Political Identity; Exclusion.

  • The influence of Western Ethics and Indian Philosophy on Corporate Social Responsibility -A Comparative Overview   Order a copy of this article
    by Prafulla Kumar Padhi, VIJAYA LAXMI MOHANTY, SUBASH CHANDRA NATH 
    Abstract: Corporate in twentieth century had to face the ethical dilemma of balancing their business between profiteering and social responsibility. With the citizens of the country and across the globe becoming more conscious about the cause, the elusive domain of corporate social responsibility (CSR) has attracted academic attention. This resulted in a diversified proliferation of the conceptual landscape and practical implications with empirical examination. The purpose and objective of the paper is to comprehend the meaning of business ethics in the context of Western ethics and Indian philosophical thought. The concept of Daana (Charity/ Philanthropy) is mentioned prominently in numerous ancient scriptures. Similarly, western ethical philosophy contributed by Aristotles virtue ethics, Immanuel Kants Deontology or duty ethics and Consequentialism associated with the quest for rationalism during the Enlightenment, has shaped the corporate culture in a significant way. CSR behavior and attitudes have also emanated from the timeless values human being is imparted for generations across the globe. The symbols, practices of different faith may vary, but the real essence is spiritual value and charity is held high by almost all. It is like old wine in a new bottle. India has also made it a part of regulatory clearance by making it almost mandatory by enacting Companies Act, 2013. This is followed by a number of debates on whether CSR should be mandatory? Though charity used to voluntary in nature, present generation practices called for a mandatory regime. Though we keep on debating on the issue, the CSR will certainly all value to social and environmental issues which seek our immediate attention. The contextual good governance of CSR is accessed herein by comparative study with the help of empirical analysis.
    Keywords: Corporate Social Responsibility; Indian Philosophy; Western Ethics; Religiosity; Spirituality; SMEs executives; CSR attitude; CSR behaviour.

  • Human rights violations at the 2010 World Cup in South Africa   Order a copy of this article
    by Robert Ziegler 
    Abstract: The aim of this article is to examine negative effects of globalisation. The 2010 World Cup in South Africa is a good example in this regard. It shows the monopoly of some transnational companies and how their (political and economic) influence symbolises a serious threat towards a global sustainable development. Especially when we talk about the Post-2015 agenda and in the long run a decent life for all we have to consider the fulfilment of human rights. FIFA, Coca Cola and other global players only ignored these rights for their own benefit and were able to draw billions of dollars as profits. Consequently, South Africa had to deal with enormously high public debts and an increase of social inequalities and poverty. Hence this article focuses on the human rights violations at the 2010 World Cup in South Africa which simultaneously represents an example for the effects of globalisation in the Global South, which is no longer a catch-up strategy for development countries, but a process of neo-colonialism and interdependencies. It is an action of foresight about the importance of human rights and highlights their importance for globalisation discourse.
    Keywords: Human rights; Violations; Fulfilment; Responsibility; South Africa; World Cup; FIFA; Globalisation.

  • Censoring Transitional justice: An intellectual departure from religious acceptance of methods.   Order a copy of this article
    by Felistas Zimano 
    Abstract: Periods of disturbances, wars and uprisings leave trails of physical and emotional destructions. The theory and practice of transitional justice gained importance after the realization that there is more that could be done in rebuilding conflict ravaged societies. Using documentary analysis, this paper reveals the extent to which four major features of transitional justice; prosecutions, truth commissions, reparations and reforms, have been applied in different contexts. The main question revolves on the extent to which the reality ought to conform to the theory on transitional justice. Who ought to be prosecuted? What truth must be told? What institutional reform is enough? In this paper, it is revealed that the nature and value given to each of these methods vary from case to case. In some cases it delivers but in some it is ostensibly failing. This discursive paper presents some reservations to generalized transitional justice approach. In response and as its main recommendation, this paper is of the position that transitional justice must be customized. Radical as it may sound, some things may need to be done the right way whilst others need not be done completely for peace to prevail. In short there is need for practicality in whatever is done in the transitional justice if sustainable peace is to prevail.
    Keywords: Transitional Justice; Criminal Prosecutions; Truth Commissions; Reparations and Institutional Reforms.

  • The impact of the economic crisis on the budgetary governance of the State in Greece   Order a copy of this article
    by Evangelia Balta 
    Abstract: The crisis occurring at a European level in the economic, budgetary and financial area has highlighted the weaknesses and gaps in the original institutional framework of the European economic governance, adding to the belief that, in order to deal directly with the crisis, the European Union needed a renewed economic governance model that would be more effective in regard with the coordination of the economic policies of the Union and the creation of a strong institutional framework to safeguard the stability in the euro area. \r\nThus, the present scientific study, part of a post-doctoral research, examines the new European economic governance, and attempts to analyze the impact of the economic crisis on the budgetary governance of the State in Greece.\r\n
    Keywords: Economic crisis; European Economic Governance; Independent Authority for Public Revenue; Medium-term Fiscal Strategy Framework; Parliamentary Budget Office; Fiscal Council; Public Interest; Fiscal Interest; Sound Financial Management Control.

  • Prison Reform and Work Programmes in India: A Case Study   Order a copy of this article
    by Namita Gupta, Rajiv Gupta 
    Abstract: Assigning work to prison inmates in correctional institutions is considered today a key component of prison reforms. An imprisonment of an individual not only undermines the family cohesion and security, it also destroys the income prospects of his family Hence, work programmes are necessary not only for keeping inmates engaged by assigning them hard labour, but also for enabling them to earn and support economically to their families while being in jail. This further facilitates their re-integration in the community on their release. In the present paper, authors have conducted a comprehensive study on the prison work programme in Model Jail Burail in Union Territory Chandigarh and lessons drawn from the study may act as a stimulus for more such initiatives in Indian prisons.
    Keywords: Human Rights; Prison Labour; Rehabilitation; Work Programmes.

  • AN ACADEMIC STUDY OF CRIMINALIZATION OF POLICY IN SUSILO BAMBANG YUDHOYONO ERA   Order a copy of this article
    by Dwidja Priyatno 
    Abstract: This study aimed at discussing criminalization of policy during the former president of the Republic of Indonesia era, Susilo Bambang Yudhoyono, as an academic study which at that time was very widespread in media coverage. There were not a few heads of regions affected by the policies undertaken. This has the effect of whether the policy is included in the realm of administrative law or criminal law. The conclusion of this article is that the protection of the law especially against the suspicion of criminalization of the policy, which applies to the policy maker and implementer, must be expressly contained in the legislation, as the reason for the criminal offense, namely to abolish the unlawful nature (justification). By referring to the principle of legal certainty, the principle of state administration, the principle of public interest, the principle of openness, the principle of proportionality, the principle of professionalism, and the principle of accountability.
    Keywords: Policy; criminalization; government; law.

  • Minority and Federalism: An Assessment of the Right to Political Participation of Non-Indigenous peoples in Benishangul-Gumuz Regional State, Ethiopia   Order a copy of this article
    by Gizachew Gifayehu 
    Abstract: Ethiopia design ethnic based federal (though not purely) state structure to respond to the challenges of minorities by developing a counter-majority institutional system. Doing so, Ethiopian federalism tries to assign a respective home-land for the identified ethnic groups of the country by establishing an authorized self-administration institution. Hence, the ethno-territorial organization of the federating unites of Ethiopia creates two distinct groups (native and non-native), or indigenous and non-indigenous in single kebele, nationality, special zonal or regional administration as these administrations are designed in line with an identified ethnic group. However, this approach literally left a number of non-indigenous peoples out of the constitutional recognition and institutional consideration of the regional state administration. Likely, as one regional state of Ethiopia, Benishangul-Gumuz National Regional State which had the largest non-indigenous residents had face serious criticism concerning on the adherence and protection of the right of these groups of people. Minding this, this paper attempt to make a basic assessment on the right to political participation of non-indigenous peoples in Benishangul-Gumuz Regional state. In doing so, an interview with focal persons which have direct link and professional knowledge were conducted. In addition to this, different literatures (articles, books, magazines, etc.), legal documents (constitutions, legislative statutes, court preceding) and policy documents were used. As finding of the study reveals, the right to political participation has been shortened by normative and institutional constraints. Hence, it is highly recommended that there must be a structural change that helps to establish an inclusive normative and administrative institution that range from the reconsideration of non-indigenous people up to constitutional amendment and re-institutionalization of the regional administration.
    Keywords: Ethno-Territorial Federalism; Human Rights; Non-indigenous people; Non-indigenous Minorities; the Right to Political Participation.