International Journal of Human Rights and Constitutional Studies (12 papers in press)
The practice, Adherence and Contravention of Human Rights of Public Sectors Governance in Amhara National Regional States, Ethiopia
by Gizachew Gifayehu
Abstract: One of the basic democratic values which will never be compromised is the human rights of citizens. Accordingly, the basic issues that expected to be seriously considered in public sector governance is the issues of human rights. Cognizant of this, the research investigates the practice, adherence and contravention of human rights during service delivery process of public sectors in Amhara National Regional State (ANRS). In achieving this basic objective, a combination of quantitative and qualitative research approaches was used. To realize this, a combination of both probability (simple and convenience) and non-probability (purposive and quota) sampling techniques was applied. Finally, individual respondents were contacted from customers and authorities of public service providing institutions using convenience sampling. The collected data were analyzed using both qualitative (thematic analysis) and quantitative (Likert Rating Scale) data analysis techniques. After an intensive investigation of primary and secondary data through qualitative and quantitative data analysis methods, the research team conclude that the place and adherence of human rights in public sectors were very fragile and Hereof, the research team recommends that the public sectors need to develop a human rights-based services delivery approach. As per the primary data collected, the study reveals that there are serious human right contraventions which needs to be made a considerable measure to ensure and protect the right to access of customers in public sectors.
Keywords: Good governance; public sector; Public sector governance; human rights; Public service.
The citizenship institution in Republic of Kazakhstan: past and future
by Aidana Otynshiyeva, Alua Ibrayeva
Abstract: The significance of citizenship in any legal system is of paramount and copious importance. This article discusses notion, the concept of citizenship and issues of citizenship around KZ legislation. Features of citizenship in KZ are appropriately disclosed. Particular attention is paid to the demands of taking Kazakh citizenship, to the privileges and consequences. The conclusion was that it is worth considering before getting new citizenship or acquiring foreign nationality.
Kazakhstan adopted its Law on Citizenship on 20 December 1991. This law was scheduled to come into effect on 2 March 1992. According to general reports, the law is supposed to recognize the equality of all nationals regardless of social and property status, nationality, religion, political affiliation and other convictions. The law allows ethnic Kazakhs who currently live outside Kazakhstan to return to the land of their forefathers. Approximately three million Kazakhs are believed to reside outside Kazakhstan, many of whom are in China and Mongolia. The law apparently does not recognize dual nationality.
Kazakhs in the diaspora-mainly ethnic Kazakhs and their descendants who fled because of Stalins forced collectivization policies in the 1920s and 1930s-are encouraged returning to Kazakhstan. Any ethnic Kazakh living abroad is entitled to Kazakhstani citizenship and may retain any other citizenship he or she may already have. Anyone else must apply for permission to immigrate and must renounce any other citizenship. Ethnic Kazakh citizens already living in Kazakhstan, as well as non ethnic Kazakh citizens, are not permitted to obtain another citizenship without losing their Kazakhstani citizenship.
Keywords: citizenship; nationality; national identity; membership; individual; and rights.
Contemporary Development and Gandhian Perspective: An Analysis of state of humanism in present
by Preeti Sharma
Abstract: Gandhian philosophy of non-violence, goodwill, and mutual accommodation, as opposed tornbluster, confrontation and violence, is of great relevance in solving problems of not only past butrnalso of the very present era of technological and globalized world. The U.S. and its supportersrnhave an opportunity to defuse the North Korean crisis and lay the foundations for an enduringrnNortheast Asian and global peace by establishing an international diplomacy of Gandhi. Gandhirncan be harnessed for the benefit of all humanity. Gandhian concepts are able to teach us thernethical value, need and justification for a reorientation of our being i.e. moral being andrntransformation of our societal aspects of existence. We need to identify the crisis and its basicrnnature. From Gandhi's point of view, the crisis consists in non-realization and non-perception ofrnour perfectibility in terms of our ability to transcend the 'brute force' within ourselves. At presentrnthe crisis has percolated into almost all sectors of human life. Violence in domestic, public,rnsocio-cultural and political spheres has become rampant and limitless in various shapes. Greedrnfor power is another important component of it. Egotism has gone beyond all limits in individualrndomain of life the removal of which would have been possible by self-correction throughrnindividual moral spiritual practice; it has now become the essence of national, social, ethnocultural and ethno-national life of men and women. This paper seeks to understand the Gandhianrnway that suggests a holistic insight into it for humanism. It also seeks for the role of moralrnpractice of ahimsa mentioned by Gandhi in an integrated sense that bridges the gulf betweenrnindividual and collective lives in present era. Non-perception of the 'soul force' within us is thernchief characteristic of the crisis today which can be seen in tha case of US- Korea conflicts.
Keywords: Gandhian philosophy; Non-violence; North Korean crisis; Humanism; Egotism.
The Rational Nature of Possession liability Rule in Non-authoritative Possessor Responsibility from Point of View Islamic law
by Ali Taghipourian, Javad Niknejad, Mehdi Esmaeili
Abstract: In the fields of jurisprudence and law, there is a discussion of the rational nature in the process of deduction. The most important factor in helping the jurisprudent to achieve the Islamic Shari'a and its rules contained therein is paying attention to the sources of jurisprudence and having the principles in extracting sentences. The mission of the jurisprudent before ijtihad is accurate recognition of correct method of ijtihad through juridical rules and principles. Islamic jurisprudence uses four sources (Quran, tradition, intellect, and consensus) to extract sentences. Mohammad Ibn Ahmad Sarakhsi, in his book "Principles of al- Sarakhsi ", considers the principles of the law as Quran, tradition, and consensus, and considers the deduction as a principle derived from the three previous ones. rnMohammad Ghazali says in his book Al-Mustasfa: rational reason appoints the negation of principle, which expresses the fact that there is a rational reason along with three other ones Quran, tradition, consensus, Of course, as a specific reason and problem. Therefore, it can be said that there is no difference in the source of reason in Shia and Sunni expression. On the other hand, one of the categories of responsibility and liability of people in jurisprudence and law is the rule called "Possession Liability Rule" which is based on prophetic hadith the possession liability rule and usurpation institution which expresses the responsibility and liability of non- authoritative possessor of somebody elses property that can mention the usurper, or to someone who is the buyer of somebody elses property in officiousness that the original owner did not enforce the trademark transaction, and that property has been taken over by the buyer without permission. This responsibility is complied with both by sharia and reason with the legal basis of the law.
Keywords: intellect; usurpation; possession liability; non- authoritative possessor.
The Role of Subordinate Judiciary in Enforcing Citizens Rights: Bangladesh Perspective
by Md. Milan Hossain
Abstract: The onerous responsibility of the Judiciary of a country is to protect citizens rights enshrined in the constitution and general laws. Bangladesh Judiciary either higher judiciary or subordinate judiciary (lower judiciary) is also discharging its onerous responsibility enshrined in the constitution and under ordinary statutory laws in protecting citizens rights. Bangladesh Judiciary especially magistrate courts were separated from the Executive on 1st November, 2007 and all other courts including Supreme Court and civil courts were separate and independent from the beginning of the birth of Bangladesh. In this paper, the researcher examines the role of the lower judiciary in enforcing and protecting citizens rights in the period (2008-2016) where it is revealed that lower judiciary has played very positive role in the said period; it is also found that the disposal rate in judicial magistrate courts was increased in comparing with period of (1972-2007) but it was lesser than filing new cases in the period of (2008-2016).
Keywords: Subordinate Judiciary; Judicial Magistrate Courts; Citizens Rights; Separation of Judiciary; Bangladesh.
THE CONCEPT OF SOVEREIGNTY IN GHANAIAN CONSTITUTIONALISM
by Raymond Atuguba
Abstract: As a measure to encourage and illustrate the elaboration of the constitutions of African countries for more popular consumption, this article explores the concept of sovereignty in Ghanas constitutional law and practice. In so doing, the article sets out a detailed exploration of article 1(1) of the Constitution of Ghana (on sovereignty) in five parts: a discussion of the use of the words sovereignty and sovereign in the Constitution; an examination of sovereignty as a concept, including its historical manifestation in various Constitutions of Ghana; an identification of where sovereignty does not lie in Ghana; argues that sovereignty does not and should not be located anywhere else but in the people of Ghana; and finally, having located sovereignty, illustrates how the people of Ghana may exercise sovereignty within constitutional parameters.
Keywords: Ghana – Law – Constitution – Sovereignty – Ghanaian People.
Multiculturalism for True Equality: A Normative Argument for Multicultural Turkey
by Hakan Kolçak
Abstract: The Republic of Turkey uses a Turkish-based integrationist method in managing its ethno-cultural diversity. In accordance with this method, the Republic recognises its ethno-cultural diversity in the private domain, but then calls on all its minority ethnic groups to converge on Turkish identity, the identity of the dominant ethnic group (Turks), in the public realm. According to this article, it is better for Turkey to replace its current integrationist method with a multiculturalist one. In the existence of the integrationist method, ethnic Kurds have been disadvantaged in many areas, e.g. culture, education and language, preventing the Republic from ensuring true equality between ethnic Kurds and Turks. The article maintains that true equality would be provided between the two ethnic groups through a multiculturalist method of managing ethno-cultural diversity. This method would recognise, preserve and promote not only majority but also minority identities in both public and private realms, ultimately enabling the Kurds of Turkey to form, safeguard and advance their own societal culture.
Keywords: Constitutional multiculturalism; Diversity; Equality; Integrationist politics; Accommodationist politics; Kurds; Minority rights; Turkey.
Deaf Children and their Rights: A Study of Punjab
by Gagandeep Singh Babbar
Abstract: The term "disability" summarizes numerous different functional limitations occurring in any population in any country of the world. A person may be disabled by physical, intellectual or sensory impairment, medical conditions or mental illness. Such impairments, conditions or illnesses may be permanent or temporary in nature. In a world where human dignity and equality for all have emerged as major concerns of society, securing the rights of the most vulnerable sections of the society has gained unprecedented importance in the agenda of both governmental and non-governmental entities. The paper presents an empirical study that shed light on the state of rights of deaf and dumb children across the state of Punjab. It critically evaluates the achievements and shortcomings of the government and society while suggesting remedial measures that may assist in achieving a just, equitable and rights-based society for all.¬¬
Keywords: Persons with disability; Disability Rights; deaf and dumb children; human rights; Child Rights.
Human Rights Issues of Urban Homeless in India: A Study of Chandigarh
by Namita Gupta, Monika Jaswal
Abstract: The right to adequate housing is a human rights issue globally. The international law recognizes the right to adequate housing both as an essential component of the right to an adequate standard of living and as a distinct right. The violation of this right leads to the violation of other indivisible human rights. Homelessness has become a major human right challenge for an emerging economy like India. According to the Census 2011, India has more than 1.77 million homeless people, of which 52.95 per cent are located in urban areas. Independent estimates, however, place the total number of homeless persons in India at about 2.3 million. The present study has been carried out in Chandigarh, the first planned city of modern India. The effort has been made to delve into the lives of urban homeless and to analyse the problems faced by them in the context of human rights.
Keywords: Homelessness; Human Rights; Right to Housing,.
THE URGENCY OF MEDIA COVERAGE ARRANGEMENTS REGARDING TERRORISM
by Wenly R.J. Lolong, Adensi Timomor
Abstract: The crime of terrorism considers as an extraordinary crime that threatens significantly to the security of national and the world, including Indonesia. This policy requirement not only revolves around the formulation of criminal acts and sanctions but also in other areas such as media coverage and broadcasting. In previous works, the massive coverage of terrorism potentially encourages the presence of new terrorist. This research provides recommendations to the government to present legal products that regulate media coverage of terrorism. This research is normative legal research. The first main problem focus on exploring the fundamental reasons for the media coverage arrangements requirement of terrorism. Second, the description of potential legal issues regarding the limitation of terrorism media related to the guarantee of the right to information and press freedom. Furthermore, the right to live safely and peacefully becomes a priority, and the right to information must be below it.
Keywords: terrorism; crime; media coverage.
The catch-22 in pre-set budgetary allocations: The case of 2001 Abuja Declaration.
by Felistas. R. Zimano
Abstract: The concept of pre-set national budgets is gaining significance worldwide. In pre-setting budgets, policy-makers recommend budgetary allocations percentages for certain tasks. In this paper a review of the Abuja Declaration of 2001 in which African Union countries pledged to allocate at least 15% of annual budget towards improving the health sector is done. By 2010, only one country had implemented the requirement. Several had moved slightly towards the target whilst others had, as if in protest, reduced their health sector allocations. Accordingly, this paper interrogates the pre-set budget phenomenon in the context of standardization exposing its implications to the legislative role, countries priorities and state sovereignty among other things with the understanding of universalism and relativism precepts of international human rights law. Findings, point to the erosion of state sovereignty on one side whilst on the other signal the commitment to regularize states approaches to fundamental drivers of pertinent developmental goals.
Keywords: Abuja Declaration; International Human Rights law; Universalism; Relativism; State sovereignty.
GDPR: A critical review of the practical, ethical and constitutional aspects one year after it entered into force
by Fereniki Panagopoulou-Koutnatzi
Abstract: The EU General Data Protection Regulation (GDPR) marks the single most important step towards reforming data privacy regulation in recent years. Indeed, the new Regulation has brought about significant changes in terms of how data is processed, spanning across all conceivable sectors - from healthcare to banking and beyond. Nevertheless, ideological as the GDPR may appear, it has evoked a substantial amount of disputation regarding its subject matter and objectives. Disparagement has arisen concerning the principles it promotes, the rights of data subjects, the obligations of data controllers and processors, the consequences it will have for the business community, the public sector and the ordinary citizen. Furthermore, other aspects of censure are the amended role of the supervisory authorities, its effect on competing constitutional rights, the unprecedented extent of its extraterritoriality and, last but not least, the liabilities and very high penalties that may be triggered by its infringement. For a few months now that the GDPR has come into force actually , one may wonder to what extent these new data laws have affected our lives.
Keywords: GDPR,privacy; public sector; private sector; rights of data subject.