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International Journal of Human Rights and Constitutional Studies

International Journal of Human Rights and Constitutional Studies (IJHRCS)

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International Journal of Human Rights and Constitutional Studies (50 papers in press)

Regular Issues

  • Human rights of children born in judicial custody to incarcerated mothers: a socio-legal review of issues faced by these children in social adaptability and reintegration   Order a copy of this article
    by Nidhi Saroj, Fakkiresh S. Sakkarnaikar 
    Abstract: Parental incarceration is a phenomenon where children are involuntarily put into disadvantaged positions. This is prominently observed in the complexity of the sociological impact of maternal incarceration on child’s development. Irrespective of if the child is born inside the judicial facility or left behind as a result of the incarceration of the mother the child is affected in terms of psychosocial development, which leads to negative consequences. The objective of this paper is to explore different dimensions of incarceration of parents and focus on maternal incarceration to assess its impact on the social adaptability of the child. For the study an extensive review of the existing literature was conducted which had previously explored the different dimensions of maternal incarceration and child development. The finding is relevant in terms of policy-making for the different stakeholders of the Indian justice system to ensure a healthy developmental niche the mother and the child.
    Keywords: parental incarceration; maternal incarceration; social adjustment; social adaptability; psychosocial development; behavioural challenges.
    DOI: 10.1504/IJHRCS.2023.10058256
     
  • Recognition of human rights of LGBTQ persons: a regional understanding   Order a copy of this article
    by Amit Anand 
    Abstract: Under the international human rights legal framework all persons, institutions, and entities, public and private, including the state itself, are accountable to just, fair and equitable laws and are entitled without any discrimination to equal protection of the law. Further, they also dedicate themselves to respect the equal rights of all without distinction as to race, sex, language, or religion, etc. Despite this acknowledgment LGBTQ persons globally face harassment, violence, and discrimination on the basis of sexual orientation, gender identity, gender expression and sex characteristics. LGBTQ persons are often discriminated in fields like employment, housing, and access to services. This paper makes an attempt to focus specifically on the issues of privacy and general discrimination concerning sexual minorities at the regional level with a particular focus on the work of the ECHR and the ACHR in prohibiting discrimination against sexual minorities.
    Keywords: LGBTQ; sexual orientation; gender identity; European Convention on Human Rights; ECHR; human rights.
    DOI: 10.1504/IJHRCS.2023.10059928
     
  • “Why aren’t people terrified?!” Analysing the efficacy of the apocalyptic narrative of climate change   Order a copy of this article
    by Mrinalini Kumar, Niru Sharan, Srikant Pandey 
    Abstract: The recently concluded eighteenth G20 meeting failed to reach a consensus for outlining an agreement on the requisite action for dealing with climate change. Such disagreements have come to shape the climate change discourse since its inception, translating to a complacent attitude that affects human rights. Contrarily, green movements challenge this complacency through an apocalyptic lens. Consequently, this paper seeks to understand this apocalyptic narrative by dissecting its components. With the rise of apocalyptic narratives and their representations, this paper will analyse the effectiveness of this narrative in the fictional world of Dr. Randall Mindy and Kate Dibiasky from the Netflix original, Dont Look Up (2021) as well as its emulation in the real world of climate activists like Greta Thunberg. It will also seek to comprehend the utility as well as the futility of this narrative concerning climate change, while simultaneously exploring alternative narrative styles.
    Keywords: apocalyptic narrative; climate change; Don’t Look Up; environment; fear; G20; Greta Thunberg; human agency; human rights; rhetoric.
    DOI: 10.1504/IJHRCS.2023.10059929
     
  • The (de)humanised female representation: body politics in Gangubai Kathiawadi (2022)   Order a copy of this article
    by Apoorva Juneja, Surbhi Saraswat, Madhumita Chakraborty 
    Abstract: The arena of the human body is bound by interpretations beyond its control. Consequently, it can be dehumanised, humanised and rehumanised through the lens of those who carry the power of definition. These definers are noted to follow a phallocentric perception while passing judgement on the rights of its citizens. These pre-defined rights are validated for these citizens through soft powers like cinematic adaptations, operating out of the male gaze. Keeping the need for a gynocentric audience in mind, this paper deals with understanding the fallacies in recognising female emotion and its political impacts, borne out of objectification through its representation in Gangubai Kathiawadi (2022), based on the book The Mafia Queens of Mumbai penned by Hussain Zaidi. Further, relying on the plot, the paper will suggest ways to rehumanise women through cinematic soft power focusing on the rights of the prostitute dictated by the concept of free will.
    Keywords: body politics; cinematic adaptation; dehumanised; Gangubai Kathiawadi; human rights; male gaze; rehumanised; soft power.
    DOI: 10.1504/IJHRCS.2024.10062894
     
  • Criminal administrative system in India and constitutional obligations of fair trial: a legal insight   Order a copy of this article
    by Souvik Dhar, Meenu Gupta 
    Abstract: This study’s major goal is to determine how India’s criminal administration system complies with constitutional requirements. The state must safeguard its citizens from irrational behaviour, violent crimes, and dishonest activities committed by others. The fundamental and constitutional rights of Indian citizens are outlined in the 1950s Indian Constitution. The administration in India must make sure that these rights are protected. The judiciary and the investigation authorities are the two key players in criminal administration in India. The study’s debate revealed that the Indian Constitution has a mechanism under the section on fundamental rights to eradicate the mockery of justice. From the study here, it has been observed that the judiciary and the investigative authority have a constitutional duty to strengthen India’s criminal justice system, prevent the mocking of the law, and guarantee an impartial investigation and trial.
    Keywords: constitutional rights; Indian Constitution; criminal justice; criminal administrative system; right to fair trial; rule of law; forensic evidence; fundamental rights; judiciary; police; India.
    DOI: 10.1504/IJHRCS.2023.10060080
     
  • Right to food in India: examining the reality from legal and economic perspectives   Order a copy of this article
    by Bhavana Sharma, Amritkant Mishra 
    Abstract: This research article strives to investigate the right to food issue from the legal and economic outlook in India. We examine the right to food in terms of its accessibility, sufficiency, sustainability, and availability. The freedom of the person and the defence of his fundamental rights are at the very core of the democratic way of life that the constitution adopted and it is the court’s privilege and obligation to safeguard those rights. To examine the right to food in India through the economic outlook, the current analysis investigates the impact of food inflation on level of hunger in India from 2001 to 2019. The empirical outcome of ARDL analysis reveals that food inflation is relevant variable which impact the hunger in India. Our result affirms that food inflation leads to increase in percentage of hunger people in India.
    Keywords: right to food; food inflation; food security; human rights; India.
    DOI: 10.1504/IJHRCS.2023.10060419
     
  • Universal right to a safe and healthy environment and use of child right strategic litigation in climate justice   Order a copy of this article
    by Sajid Ali, Abida Yasin 
    Abstract: A safe and healthy environment is an inalienable component for the human survival. Under international and human rights law, the universal right to a safe and healthy environment has not been explicitly been recognised, however, the right to life clauses of such international instruments has been interpreted in a way to give meaning to the right to a safe and healthy environment. The recent developments in the field and its assertion as a universal human right had gained momentum with the development and use of child right strategic litigation for climate justice. The success in strategic litigation in the fields of climate justice and climate change can provide a way in solidifying the concept of right to a safe and healthy environment as an explicit and independent human right in international law and human rights instruments. The call for recognition of this right has been in limelight with the increase of climate change and global warming. However, its recognition is still a matter of time in human rights instruments.
    Keywords: environment; climate justice; strategic litigation; human right; safe and healthy environment; climate change; environmental law; international law.
    DOI: 10.1504/IJHRCS.2023.10060645
     
  • Impact of change in political regimes on the stock market volatility: evidence from India   Order a copy of this article
    by Peeyush Bangur, Sugandha Sharma 
    Abstract: The main aim of the study is to link politics and the Indian capital market by testing the political business cycle and the partisan theory hypothesis. Further, this study also scrutinises how a change in the governing party affects the investment certainty in the Indian equity market. The main finding is that the study does not support the existence of a political business cycle in the Indian stock market and the Indian stock market has reacted differently to the victories of parties with different ideologies. Also, there is evidence of a reduction in volatility by 58.54% due to change in administration.
    Keywords: political business cycle; PBC; Partisan theory; volatility; investment certainty; GARCH model; political party; performance analysis; India.
    DOI: 10.1504/IJHRCS.2023.10060734
     
  • Ethical implications of smart city applications on health and well-being of the society: a systematic literature review   Order a copy of this article
    by Sakshi Gupta, Neeraja Lugani Sethi 
    Abstract: Smart cities aim to enhance the quality of life for citizens by leveraging information and communication technology (ICT). However, the adoption of ICT in smart cities introduces various ethical challenges. This study explores ethical challenges in smart city initiatives and their impact on health and well-being through a systematic literature review. Using databases like ScienceDirect, IEEE Xplore, and Web of Science, 25 publications published between 2014-2023 were analysed, identifying four key ethical concerns: data privacy, addiction to technology, inequality, and limited sustainable development. These affect citizens, organisations, and society politically, socially, and economically, ultimately impacting mental, physical, and social well-being. To address these, ethical considerations must be integral to urban and smart city planning. The goal is to cultivate a Healthy and Happy City where smart technology and sustainability harmonise. Recognising ethical dimensions in urban development can create cities that advance technology while promoting well-being, equity, and sustainability.
    Keywords: data privacy; ethical concerns; healthy cities; inequality; smart cities; sustainability; technology.
    DOI: 10.1504/IJHRCS.2024.10063671
     
  • Sexual violence as a smokescreen on war crimes and human rights violations: a case study of Russia-Ukraine war   Order a copy of this article
    by Koyel Basu 
    Abstract: My focus in this paper is sexual violence inflicted on women in war specifically the ongoing Russia-Ukraine war which has left no stone unturned to make survival almost impossible for women - the easiest targets in war. I argue that sexual violence against women especially wartime rape, the most heinous of all, is a perpetual war crime and the most grievous human rights violation which not only needs to be recognised and addressed as a crime against almost half of humanity, but it needs immediate attention from international community for alleviation and redressal. I define sexual violence against women and its firmly rooted in the hierarchic, violent, unequal, barbaric and patriarchal social and political order which has always encouraged subordination of women without giving them proper agency and voice in their existence. In doing so, I analyse the relationship between violence and power.
    Keywords: sexual violence; rape; war; physical abuse; genocide; oppressive masculine culture; power; sexual torture; international law.
    DOI: 10.1504/IJHRCS.2023.10061258
     
  • Balancing potential and risks: a critical examination of AIs impact on human rights and legal frameworks in the EU, USA and India   Order a copy of this article
    by Gunjan Gupta, Taniya Malik 
    Abstract: Artificial intelligence (AI) has the potential to transform society, from healthcare to transportation. However, the rapid advancement of AI technology also poses significant risks to human rights. This paper examines the impact of AI on human rights, with a focus on its implications for society, law, and ethics. It scrutinizes specific human rights concerns, such as discrimination, surveillance, and job displacement, and integration of AI in the criminal justice system. Further, it investigates the challenges posed by AI-driven technologies to Indian human rights law and compare it to the legal frameworks of the EU and the USA. The paper employs doctrinal research methodology using analytical, critical, and comparative legal research tools to identify the challenges, implications, gaps, and loopholes in the legal frameworks under study. This paper highlights the need for a balanced approach to AI development that ensures the protection of human rights while leveraging AI’s societal benefits.
    Keywords: artificial intelligence; AI; human rights law; automated decision-making; ADM; algorithms; big data; ethical concerns and bias; USA; India.
    DOI: 10.1504/IJHRCS.2024.10063388
     
  • Understanding abortion rights in India through a feminist jurisprudential lens   Order a copy of this article
    by Khushi Patel, Vidhee More 
    Abstract: This research paper offers a comprehensive exploration of India’s abortion laws, by employing the Legal Feminist School of thought. It traces the evolution of these laws from colonial times to the present, showcasing shifts driven by societal demands. Key judicial verdicts have been pivotal in shaping India’s abortion rights. To form a broader comparative context, trajectories of abortion laws in India have also been analysed. Moreover, the paper also delves into abortion laws through a jurisprudential lens aligned with the views of eminent jurist Ronald Dworkin. The study also identifies legislative gaps like vague language and inadequate provisions for diverse demographics, advocating for inclusivity. In conclusion, the paper suggests augmenting the existing legal framework to establish a more equitable and effective foundation for abortion rights, encompassing vital recommendation.
    Keywords: abortion rights; legal feminism; reproductive autonomy; feminist jurisprudence; Ronald Dworkin; abortion rights; Medical Termination of Pregnancy Act; 1971; Roe v. Wade; safe abortion; bodily autonomy.
    DOI: 10.1504/IJHRCS.2024.10062052
     
  • A review of the 7th Central Pay Commission in light of equity and fair wage in India   Order a copy of this article
    by Nauman Mir 
    Abstract: This article explains the multiple aspects of wages and the efforts of the government in refurbishing the existing parameters to accord the workforce of the nation with deserved income despite the persisting lacuna proclaimed by the employees. The article analyses the Seventh Pay Commission with regard to the fair wage concept and making a comparative analysis with the Sixth Pay Commission by explaining the uniqueness, differences and drawbacks of both the commissions and their implication in the respective states of the nation. The paper while touching the point of economic and social rights puts more emphasis on the disparity in fair wage caused due to non-implication of the Seventh Pay Commission in the states where the employees although delivering the same level of work, will be paid with imbalance due to non-implication of the Seventh Pay Commission hence infringing on the principle of equity.
    Keywords: Seventh Pay Commission; fair-wage; equity; Sixth Pay Commission; ESR; India.
    DOI: 10.1504/IJHRCS.2024.10062109
     
  • Revisiting the right to education in light of the right to a decent living   Order a copy of this article
    by Styliani Christoforidou 
    Abstract: The right to education has been recognised by international law as a human right. National constitutions take care of the operation of educational systems and the safeguarding of access to them for every citizen. It is considered that education is the main way to ameliorate the status of life and indispensable for every citizen to participate actively in political life. That is also the case of the Greek constitutional text which contains an explicit prohibition of privatisation of the universities. The main purpose of the constitutional text regarding the right to education in conjunction with the right to a decent living, as it is argued in the paper, is to guarantee social mobility for all social classes.
    Keywords: decent living; education; university fees; equality principle; meritocracy.
    DOI: 10.1504/IJHRCS.2024.10063323
     
  • Understanding the idea of state from Indic tradition   Order a copy of this article
    by Harsh Meena 
    Abstract: The current paper discusses the very idea of the state in Indic traditions. The state as an institution has different ways of development in the western and non-western worlds. Even the western notion of the state is the most common reference point to understand the state in the contemporary world. The paper attempts to deconstruct the hegemony of the western idea of the state and explore the evolution and the structural complexities yet richness of the state in Indic tradition. The paper has three parts: The first part explores the phase of knowledge construction. In contrast, the second part deals with the very nature of the state and politics in ancient India, and the last section discusses the republican traditions and models of states in ancient India.
    Keywords: state; Indic traditions; ancient India; Janapada; Vedic Rashtra.
    DOI: 10.1504/IJHRCS.2024.10063830
     
  • National educational policy 2020 and beyond: paving the way for a more inclusive higher education landscape in India   Order a copy of this article
    by Taniya Malik 
    Abstract: The fundamental rights guaranteed by the Indian constitution, particularly Articles 14, 15, and 16, act as repositories for notions of equality and inclusion. Despite the constitutional guarantee, the higher education system in India is often criticised for its lack of inclusivity and diversity. Empirical surveys have pointed out that learning barriers in HEIs exist because of region-socio-economic-gender-based considerations. This paper identifies the various factors perpetuating the exclusion of marginalised communities in HEIs in India. After that, the paper critically analyses various statutory and policy instruments, including the national education policy (NEP) 2020, adopted by the Indian Government to foster inclusivity and diversity in HEIs. The paper also examines the role of the Indian judiciary in promoting inclusivity in HEIs. The paper further recommends that implementation in letter and spirit of the NEP 2020 can transform the higher education landscape and break down learning barriers in HEIs.
    Keywords: fostering inclusivity and diversity; national education policy; NEP; 2020; higher educational institutions; HEIs; marginalised communities; learning barriers.
    DOI: 10.1504/IJHRCS.2024.10063593
     
  • Influence of the European Union on queer politics of Eastern Europe   Order a copy of this article
    by Ankur Upreti 
    Abstract: : Eastern Europes socio-cultural dynamics are defined by early Slavs and Greeks cultures with evidence of accepted homosexuality and queerness. However, present-day Eastern Europe hosts an anti-queer environment. This paper focuses on finding the roots of this divergence by secondary data analysis of the available historical literature about the socio-cultural practices of the region. The paper also aims to find the influence of the politics of the European Union on the queer politics1 of the region by analysing particular socio-economic policies. The neo-functionalist theory of European integration talks about the spillover effect experienced across different socio political-economic sectors. This paper examines how/whether this spillover controls the queer politics of Eastern European countries. The article has further taken a specific case of contemporary Hungarian queer politics to analyse the contentions between the state and the union and to see the European Unions scope in redefining this politics.
    Keywords: queer politics; Eastern Europe; homosexuality in Europe; European Union; Hungary; neo- functionalism; intergovernmentalism.
    DOI: 10.1504/IJHRCS.2024.10063688
     
  • Examining the right to education in India: a comprehensive study of policies, implementation and socio-economic impact   Order a copy of this article
    by Alisha Verma, Mohit 
    Abstract: This study conducts a thorough examination of the right to education (RTE) in India, concentrating on the complexities of policy creation, implementation issues, and the socio-economic consequences of this basic right. The research attempts to give a detailed view of the condition of education in India by investigating crucial areas such as overall enrolment statistics, the efficiency of educational policy, and the empowerment of marginalised people. Using a doctrinal methodology, this research examines legal ideas and concepts in order to analyse and assess the efficacy of the right to education in India. The research intends to gain insights into the growing nature and effect of education rights within the Indian legal system by scrutinising legal doctrines, precedents and academic interpretations. This study provides significant insights to the continuing conversation on education rights, policy refinement, and the expansion of educational opportunities for all in the Indian context.
    Keywords: right to education; RTE; fundamental rights; marginalised class; empowerment; education; India.
    DOI: 10.1504/IJHRCS.2025.10064185
     
  • A juxtaposition of domestic violence laws: a study of India and USA   Order a copy of this article
    by Jasdeep Kaur, Anumeet Kaur, Rajni Malhotra Dhingra 
    Abstract: This study aims to conduct a comparative analysis of domestic violence laws in India and the USA. Domestic violence, a pervasive social issue, poses a significant threat to individuals safety and well-being within intimate relationships and family settings. By examining the legal frameworks, policies, and judicial approaches in both countries, this research seeks to elucidate the similarities, differences, and effectiveness of the legislative measures in addressing domestic violence. The analysis involves an exploration of key legislative acts, such as the Protection of Women from Domestic Violence Act (PWDVA) in India and the Violence Against Women Act (VAWA) in the USA. The study delves into the scope and definitions of domestic violence, available legal remedies, protective measures for victims, law enforcement responses, support services, and the judicial systems role in combating domestic abuse.
    Keywords: domestic violence; human rights; women rights; international domestic violence laws; India; USA.

  • Comparative analysis of institution of ombudsman in India and Sweden, focusing on the reasons for failure in India   Order a copy of this article
    by Ajitesh Kunder 
    Abstract: Borrowing laws from others has been in blood of Indias law-making authorities, which is not at all wrong, as successful systems must referred as per the needs. Although this practice of borrowing is a waste if it is not implemented, as and when required. The Lokpal, which is an anti-corruption body in India, has drowned in expectations and is subject to poor management. India borrowed this institution of Lokpal from the Scandinavian countries, where it is prevalent by the name of ombudsman, which is highly successful. On the other hand, the institution failed in India which can be conferred from the high number of resignation letters from officials citing the reason lack of work. The paper, with the method doctrinal research, seeks to find out the reasons as to what type of system was different in Sweden that India failed to recognise and implement it in their own practice.
    Keywords: India; Sweden; ombudsman; corruption; Lokpal; institution; failure; comparison.
    DOI: 10.1504/IJHRCS.2024.10064940
     
  • Descriptive global constitutionalism and its discontents   Order a copy of this article
    by Shivam 
    Abstract: Theorising global constitutionalism seems to have become a popular concern among public international lawyers and scholars of the 21st century. Though constitutionalism is only one of the several approaches to put global regulatory in perspective, its unique appeal is undeniable. Even with the rise of alternative paradigms like global administrative law and global legal pluralism, the global constitutionalist enterprise is far from seeing its end even as it faces a decline in its popularity. A prominent reason for this apparent ambivalence towards this project is the disingenuous invocation of the constitutional vocabulary which in many cases undermines the validity of its underlying premises. Global constitutionalism is much more than a theoretical or rhetorical construct and must be envisioned as an important political doctrine for informing the debates surrounding a just and equitable global order.
    Keywords: constitutional law; international law; global constitutionalism; World War II; cold war; constitutionalism.
    DOI: 10.1504/IJHRCS.2024.10064990
     
  • AI as a judge: violation of the right to a fair trial, per se?   Order a copy of this article
    by Mahir Muharemovic 
    Abstract: The rapid advancement of artificial intelligence (AI) is transforming various industries, including the legal system. This paper examines whether using AI as a judge to make legal decisions could inherently violate the right to a fair trial under Article 6 of the European Convention on Human Rights. It analyzes whether an AI judge can fulfil key criteria of an independent and impartial tribunal and provide reasoned decisions as required by Article 6. The paper reviews the ECHRs jurisprudence on tribunal requirements like judicial function and jurisdiction. It argues AI currently lacks capacities like nuanced legal understanding and adapting procedures. This challenges viewing it as a full tribunal. Regarding independence, AIs creation by governments and private companies risks undue influence. Its opacity also reduces accountability. For impartiality, AI risks perpetuating biases through algorithms and data. Its consistency ignores case contexts and individual factors. Lastly, AIs opacity hinders providing qualitative, reasoned explanations for decisions as mandated by Article 6.
    Keywords: AI systems; AI judge; machine learning; judicial reasoning; fair trial; impartiality; independence; tribunal; judicial function; reasoned decisions.

  • Public health emergency and right to health - exploring the legal and constitutional obligations of states with special reference to India   Order a copy of this article
    by Asmita Patel 
    Abstract: Emergencies concerning health pose a global challenge in current times especially when they take forms of an epidemic or a pandemic that require coordinated and well-defined prompt response by the governments and public agencies. This research is an examination of the role of law in public health and how right to health draws obligations upon the state to ensure a sound legal framework and policies for controlling and preventing public health emergencies (PHE). A special focus is upon the existing legal framework in India to critically analyse the PHE preparedness. The methodology adopted in this research is doctrinal wherein a review of both, primary and secondary materials was undertaken with a qualitative approach. This paper recommends adoption of robust and comprehensive leg al mechanisms in line with the obligations set under international as well as national legal instruments that are aimed at responding to crucial needs of the states during PHEs.
    Keywords: public health emergency; PHE; public health; human rights; right to health; COVID-19; law; international health regulations; obligations; India.
    DOI: 10.1504/IJHRCS.2024.10064992
     
  • Role of policy makers, health researchers, and challenges in clinical drug trial and health policy: a review   Order a copy of this article
    by Anamika, Nishant Upadhyay, Rangnath Ravi, Abhijeet Mishra, Divya Sharma, Anam Dheeman 
    Abstract: The policymakers are essential in clinical trials, setting regulations, funding, and public access to trial outcomes. Involving all makes these trials safe, ethical and impacts more on population health decisions. In the USA, the FDA dictates trial rules, while in the UK, the NIHR funds and supports trials. India grapples with ethical issues in clinical trials although some recent efforts seem to ameliorate the plights of human subjects. This essay points out the existing vacuum in policy implementation and role of policymakers in revising the rules/policies for ethical clinical trials in India. Employing data visualisation instruments like Power Bi charts and graphs could bring these gaps to light which would lead to better understanding of the situation and eventually evidence-based policy changes.
    Keywords: clinical trials; ethics; data visualisation; policies; policy maker; health; ethical conduct.
    DOI: 10.1504/IJHRCS.2024.10064993
     
  • Forensic DNA database: balancing genetic privacy and crime prevention   Order a copy of this article
    by Ruqiya Jan, Mir Junaid Alam 
    Abstract: DNA profiling, a frequent tool for crime investigations, has in parallel facilitated the creation of forensic DNA databases, which comprise an essential investigative resource in contemporary criminal justice systems. While these databases have proven to help support criminal investigations and may even contribute to crime prevention and deterrence, the paper highlights how they also raise complex ethical, social, and human rights issues, particularly in relation to genetic privacy. Described as the future diary, since DNA contains genetic information which is permanent, deeply personal, with predictive powers, genetic privacy mainly becomes an issue. The paper highlights how growth of DNA databases and the expansion of DNA collections have increased the use of DNA in criminal investigations, including use of familial DNA searching, raising further genetic privacy concerns. Though posing a significant challenge, the authors argue that striking a balance between the legitimate needs of law enforcement and protecting individuals genetic privacy is imperative for ethical governance of forensic DNA databases.
    Keywords: crime investigation; criminal justice system; DNA; familial DNA searching; forensic DNA database; ethical concerns; ethical governance; genetic privacy; human rights.
    DOI: 10.1504/IJHRCS.2024.10065372
     
  • Has feminism reached women in sports? Subjectification of women in cinema analysed through the Bechdel test (2019-2022)   Order a copy of this article
    by Apoorva Juneja 
    Abstract: Mainstream cinema has been accused of propagating sexist agendas to benefit from its audience propagating the male gaze. This has led to Bollywoods attempt to rectify female narratives. Owing to this shift, this paper deals with the analysis of selected sports films in Bollywood through the feminist lens during 2019 and 2022 to analyse female subjectification. The concept of feminism can be utilised as a tool of female subjectification bringing forth female narratives to the mainstream. This subjectification is analysed through the Bechdel test leading to a critical examination of the female voice in cinema, which is further analysed through a gynocritical lens. The latter provides a future roadmap to utilise cinema as a visual lingua franca for female-centric narratives. This paper is, therefore, an attempt to provide a closer lens to womens sports-centric female narratives and represent the female as a subject outside the oppressive and objectified male gaze.
    Keywords: Bechdel test; Bollywood; feminism; gynocriticism; male gaze; subjectification.
    DOI: 10.1504/IJHRCS.2024.10065386
     
  • Political alliance and electoral pacts: a normative understanding of the BJP-Shiv Sena dynamics in Maharashtra   Order a copy of this article
    by Jilly Sarkar 
    Abstract: The Maharashtra Assembly elections of 2019, was followed by a tussle for formation of government in the state which raises some questions related to the functioning of Indian democracy. The drama which unfolded, leads one to contemplate on whether electoral mandates even matter in a democratic system like India, raising some normative questions regarding alliances between political parties. By focusing on the BJP-Shiv Sena alliance, the paper seeks to discern their relational dynamics in order to understand the reasons which led to their split as also the repercussions which ensued, in an attempt to address the various normative concerns. The paper argues that in an era where alliances between political parties have become more recurrent in Indian politics, rather than an exception, there should be certain norms to which political parties in an alliance should adhere to, not only towards each other but also towards the voters.
    Keywords: political alliance; Bharatiya Janata Party; BJP; Shiv Sena; Maharashtra; assembly elections.
    DOI: 10.1504/IJHRCS.2024.10065806
     
  • The impact of womens property rights on social discrimination: from marginalisation to empowerment   Order a copy of this article
    by K. Barathiraja, A.S. Naveenkumar 
    Abstract: Women’s property rights have historically faced marginalisation, perpetuating social discrimination. However, securing these rights empowers women, challenging societal norms and fosters gender equality. The transformation from marginalisation to empowerment highlights the profound impact of women’s property rights in combating discrimination and promoting inclusivity. Among these initiatives the Hindu Succession Act of 1956, amended in 2005, sanctioned property rights for women in ancestral property, marking a crucial step towards gender equality and empowerment. This study attempts to traverse the intricate terrain the property rights of women in India, analysing diverse national and international databases to uncover the evolving status of women. It offers insights into the transformative impact of legal reforms on gender equality and societal norms.
    Keywords: women’s rights; Hindu Succession Act; ancestral property; gender equality; legal reforms; marginalisation; social discrimination; social norms.
    DOI: 10.1504/IJHRCS.2024.10065827
     
  • Revamping GST to foster state autonomy in India: lessons from Australia and Canada   Order a copy of this article
    by Richa Dwivedi, Shashikala Gurpur 
    Abstract: The debate of centre-state fiscal dynamics in a federation is a keystone to realising the constitutional objective. With nearly six decades of separate taxing powers of the union and the states, the unified taxation system has been introduction in the form of GST with the objective of one nation, one tax has raised serious concerns over the erosion of the states fiscal autonomy. After five years of GST, the concerns remain the same. The paper scrutinises the impact of GST from the standpoint of fiscal federalism. Furthermore, the paper does not only deal with the theoretical aspect of state autonomy but also evaluates the impact of GST on state finances. The paper also discusses the probable reforms in the GST regime to preserve state autonomy through lessons from other countries.
    Keywords: GST; fiscal federalism; state autonomy; cooperative federalism; GST Council; GST compensation; state finances; fiscal health; India; Australia; Canada.
    DOI: 10.1504/IJHRCS.2024.10065860
     
  • Decoding the personality of rural leadership: a case from Indian gram Panchayat election   Order a copy of this article
    by Chandra Prakash, Sunita Dwivedi, T.R. Anandan 
    Abstract: Numerous studies have shown significant connections between voter personality factors and voting preferences. Few studies have also broadened their scope to explore the impact of politicians success and failure on their personalities. Our study is one of the first of its type to address the gap in understanding personality trait variability among Gram Panchayat candidates in rural democratic elections. The big five personality model was used to discover the attributes that might signify the difference between winning and losing in a recent rural democratic election. We focused our inquiry on the Mirzapur district of Uttar Pradesh. We have use ten item personality inventory (TIPI) approach to collect personality traits from contested candidates who were classified as either winner or runner-up. The discriminant function was significant, with high loadings on extraversion, agreeableness, and consciousness, emotional stability being modest among the Gram Panchayat election candidates. only openness to experience revealed negative loadings.
    Keywords: personality traits; rural Panchayat election; rural politics; rural leader; political psychology; India.
    DOI: 10.1504/IJHRCS.2024.10065863
     
  • Seeing the haunting past and an uncertain future in 21 eyes: exploring the post-apocalyptic climate change narrative in Youth v Gov. (2020)   Order a copy of this article
    by Mrinalini Kumar, Niru Sharan, Srikant Pandey 
    Abstract: The past, present, and future are entangled, yet synchronous, in how they dictate our course of action; climate change is a case in point. With Anthropocene’s realities rooting us in the numbness of inevitability, breaking out of this inertia could provide us with a lifeline. Consequently, this paper seeks to dissect the climate change narrative in Christi Cooper’s Youth v Gov (2023), a documentary that immortalises the landmark lawsuit led by young climate activists against the US Federal Government, wherein twenty-one plaintiffs dragged the government to the witness box to ask questions that stemmed from their fear of the uncertainty of their future. This documentary is a testimony to the multi-dimensionality of climate change and the solutions one can seek. This paper seeks to explore Youth v Gov through the post-apocalyptic lens that can inspire action in the face of adverse climatic realities.
    Keywords: climate change; court; documentary; government accountability; human rights; inter-generational justice; post-apocalyptic narrative; Youth v Gov.
    DOI: 10.1504/IJHRCS.2024.10066124
     
  • Association of South-East Asian nations - the fifth regional human rights protection system?   Order a copy of this article
    by Jarosław Kowalski 
    Abstract: The 20th century was the century of human rights. After World War II, the first international organisation dealing with the protection of human rights was established the United Nations. With its establishment, regional organisations dealing with the protection of human rights began to emerge. Within these organisations, regional human rights protection systems were created inter-American, European, African and Arab. Also in Asia, actions are being taken to create a regional system of human rights protection. One such organisation is the Association of Southeast Asian Nations (ASEAN). One of ASEANs areas of activity is the protection of human rights. In recent years, the organisation has undertaken many human rights activities. The topic of the article is an attempt to examine whether ASEAN is another regional system for the protection of human rights or not yet.
    Keywords: ASEAN; human rights; regional human rights protection system.
    DOI: 10.1504/IJHRCS.2024.10066144
     
  • Show trial vs. human rights: the case of Vietnam   Order a copy of this article
    by Giao Cong Vu, Vinh Khanh Vo, Cu Thanh Vu 
    Abstract: Show trial - a legacy from the war in Vietnam when court headquarters did not exist has existed in this socialist country until now. The initial purpose of show trials was bringing justice close to the people and then legal dissemination and education. However, many mobile court cases in Vietnam throughout the years show violations of the human rights of defendants and relevant parties. More and more Vietnamese experts and practitioners are therefore opposing the show trials. The Communist Party and the state of Vietnam, on the path to building the socialist rule of law, also seem supportive of abandoning this controversial trial mode.
    Keywords: show trial; human rights; defendant; court; Vietnam.
    DOI: 10.1504/IJHRCS.2024.10066377
     
  • Paying a way out of global warming: a brief analysis of the regulation vacuum in the carbon offset industry   Order a copy of this article
    by Rohit Deshpande, Abhinav Shrivastava, Shashikala Gurpur 
    Abstract: Kyoto Protocol ratifiers began investing in carbon credits for sustainability. The treaty recognises carbon offsets as a means to neutralise atmospheric carbon. The carbon offset industry has experienced rapid growth, enabling corporations and individuals to mitigate their carbon footprint. However, this market remains largely unregulated. Often the carbon offset credits sold have little to no actual emission reduction backing them up. This study examines the absence of independent regulatory oversight in the carbon offset market, free from corporate influence. It analyses legislation in related sectors like carbon emissions trading in the EU and California. The study concludes that carbon offsets offer limited, temporary mitigation of emissions due to Earths limited capacity for carbon sequestration. It argues that offsets can help when properly implemented, but they are not a comprehensive solution. The paper emphasises the need to prioritise emissions reduction over offsets in corporate environmental strategies.
    Keywords: Kyoto Protocol; carbon offset; sustainable development; reforestation; carbon offset industry.
    DOI: 10.1504/IJHRCS.2024.10066619
     
  • Fiscal federalism and public expenditure on education: an Indian experience post-2015   Order a copy of this article
    by Richa Dwivedi, Shashikala Gurpur 
    Abstract: Education is a significant factor in achieving the Human Development and Sustainable Development Goals Agenda 2030 and has been given substantial weightage in discussions by policy analysts, bureaucrats, and government. One of the important keys to improving educational outcomes is to improve the public expenditure on the education sector. It has been observed that India’s educational spending has been significantly low. One reason for the same is education falls under the concurrent list in the Indian Constitution which confers the responsibility to both the union as well as the state government to spend on education. However, the fiscal design in India has been such which empowers the union government to raise more revenue. The paper highlights the public expenditure on education and delves into the impact of fiscal reforms since 2015 on spending on education.
    Keywords: public expenditure; education; fiscal federalism; educational outcomes; human development; sustainable development goals; SDGs.
    DOI: 10.1504/IJHRCS.2024.10066667
     
  • Exploring legal framework of surrogacy at international and domestic level - is it consistent with right to health and privacy under Article 21 of the Indian Constitution?   Order a copy of this article
    by Varalika S. Parashar, Ankita Nirwani 
    Abstract: India is a stronghold for surrogacy, where a woman carries and delivers a child for another couple. Due to lower expenses and English competence, commercial surrogacy, known as Womb for Rent, thrives. Both assisted reproductive technology (ART) and surrogacy are protected under Articles 19(1)(a) and 21 of the constitution. The freedom to choose whether to have children is a matter of personal liberty and private property. Surrogacy, like prostitution, raises ethical concerns, such as the dehumanisation and exploitation of the surrogate mother. However, infertile couples find hope in surrogacy, a legally binding relationship between a surrogate and intending parents. Stringent Indian surrogacy regulations ensure legitimate surrogate children and protect all parties involved. Constitutional principles face threats from discrimination and legislative voids. International comparisons can help improve Indias surrogacy policy. With proper rules and informed discussion, surrogacy can uphold reproductive rights, individual autonomy, and dignity according to international and constitutional norms.
    Keywords: surrogacy; assisted reproductive technology; reproductive choice; Article 21.
    DOI: 10.1504/IJHRCS.2024.10066773
     
  • Coerced invisibilities: financial literacy and inclusion for transgender in India   Order a copy of this article
    by Vijaya Batth, Purnima Anjali Mohanty, Nitesh Bhatia 
    Abstract: The current paper examines the quality of life of transgender (also known as Kinnars) in Odisha, India with focus on their overall inclusivity in the mainstream exploring upon their current financial status, access to health and over all social identity. The study includes a systematic review of 157 research journals articles considering PRISMA guidelines and analysis on data collected from 60 Kinnars residing in Odisa based on a questionnaire by WHOQOL 1996, post content validity using 6 experts and 59 questions. A series of interviews were also conducted, adopting an exponential non-discriminative snowball sampling approach. The results clearly demonstrated the significance of mainstreaming and ensuring financial inclusivity for Kinnars. Results also highlighted legislative and governmental policies aiming to change the social stigma for better accessibility to financial services through banks and micro-finance as a mechanism, majorly to support sex change operations, can bring in a much-needed paradigm shift.
    Keywords: quality of life; transgender; financial inclusion; sex change operation; Kinnar; legislative; Odisha; India.

  • Post-lockdown realities: policy implications for the socioeconomic well-being of the transgender community in India   Order a copy of this article
    by Preeti, Shyamkiran Kaur 
    Abstract: The COVID-19 lockdown has exerted a significant impact on the transgender community in India, leading individuals to seek alternative means of livelihood due to the absence of adequate policies. While prior scholarly investigations focused on the challenges faced by the transgender community during the pandemic, this study examines the post-lockdown experiences. Conducting semi-standardised interviews with 12 transgender individuals, a thorough thematic analysis using ATLAS-ti software was undertaken. The findings reveal an occupational shift from survival tactics (such as sex work and begging during the lockdown) to traditional occupations (such as badhai and dancing) after the lockdown. This shift provided economic relief but underscored the growing dissatisfaction with traditional roles among the majority of participants. The paper critically examines current laws and schemes for the community, emphasising the necessity for more comprehensive policies and support systems to enhance the socioeconomic well-being of the transgender community.
    Keywords: COVID-19 lockdown; transgender community; heteronormative society; survival tactics; occupational shift; human rights; socioeconomic well-being; social security; policy review; awareness campaigns; India.

  • Constitutional morality and its future in constitutional interpretation in India   Order a copy of this article
    by Sakshi Parashar, Kriti Parashar 
    Abstract: Constitutional morality has become one of the most discussed phrases amongst scholars, primarily owing to the reliance on it by the Constitutional Courts in several transformative judgments. However, the phrases precise meaning remains garbled. The paper aims to trace the different connotations of constitutional morality, analysing the meaning ascribed to it by the drafters and jurists and to understand how this concept represents a facet of Constitutionalism by acting as the nemesis to majoritarianism. While exploring the role and future of this concept in fundamental rights interpretation, it is argued that the existing fundamental rights jurisprudence is sufficient to reconcile any conflict between majoritarianism and fundamental rights. Lastly, the paper contends that reliance on the concept of constitutional morality as an anti-majoritarian measure, in the absence of further enunciation by the Courts, risks being another instance of judicial overreach and has failed to find its ground in the recent judgments.
    Keywords: constitutional morality; public morality; judicial review; fundamental rights; Indian Supreme Court; judicial overreach; separation of power; constitutional interpretation; enforcement of fundamental rights; India.

  • Comparing the body of election commission in India and South Korea, with special reference to the appointment procedure   Order a copy of this article
    by Ajitesh Kunder, Ishani Yog 
    Abstract: With growing controversies around the Election Commission of India, it seems to be failing to become an ideal body for the conduct of free and fair elections. The recent change in the appointment procedure, giving an unfair advantage to the ruling party, points towards a deliberate conspiracy. Hence it becomes crucial to refer to similar bodies consisting in various other countries to correct the inconsistencies and develop a system which is free from domination of a single party. The National Election Commission of South Korea is one such institution which has shown its success in management of elections. A fully independent and neutral electoral management agency divides its appointment procedure among three bodies, i.e., President, National Assembly and The Chief Justice to ensure maximum transparency. With the method of doctrinal research, a comparison is aimed to look for points where both countries can learn from each other.
    Keywords: India; South Korea; election commission; democracy; comparison.

  • Analysis of human rights under the African charter on human and peoples rights   Order a copy of this article
    by Gabriel C. Ezeh 
    Abstract: This paper is aimed at analysing human rights under the African Charter on Human and Peoples Rights. A socio-legal analytical method is adopted which allowed the researcher to apply a multidisciplinary methodology that takes cognisance of the historical contexts while also considering the legal contexts of the subject matter under discourse. This study finds amongst other things that The African Charter promotes a range of human rights such as civil and political, socio-economic and cultural, individual and collective rights. The study finds that there are factors militating against the effectiveness of the provisions of the African Charter. The African Charter was a product of diplomatic negotiations and it had to take into account intra-regional constraints and diversities otherwise it would have suffered total rejection. As the society is dynamic, a reconsideration of the provision of the charter is required for its effectiveness.
    Keywords: human rights; African charter; African union; judicial application; courts.

  • The precursors of contemporary global constitutionalism   Order a copy of this article
    by Shivam 
    Abstract: Contemporary and mainstream narratives of global constitutionalism invariably treat it a post-Cold War phenomenon. Though theories abound as to the meaning and nature of global constitutionalism ranging from descriptive to normative, it predominantly remains a scholarly endeavour with some illustrative claims of empirical validity. Given the tremendous diversity associated with the invocation of the label by a variety of academics, a precise genealogy of the concept is hard to obtain. However, an inquiry into the intellectual origins of the notion is all the more important if it has to be revised to be more inclusive, anti-imperialist and truly transformative in nature rather than be in service of reification of Western imperialism reinforced by capitalist globalisation. Besides being readily linked to the idea of globalisation, global constitutionalism is also sometimes seen to be exclusively the brainchild of German philosophers, lawyers and academics. These assumptions need to be interrogated not just as a pretext for stocktaking but for gleaning lessons from the past for conceptualising and envisioning a truly just world order that may or may not be unipolar but which centralises the idea of global peace as well as welfare.
    Keywords: constitutional law; international law; global constitutionalism; World War II; Cold War; constitutionalism.
    DOI: 10.1504/IJHRCS.2025.10067512
     
  • Intergenerational effect of parental incarceration in India: a review from human rights perspective   Order a copy of this article
    by Nidhi Saroj, Fakkiresh S. Sakkarnaikar 
    Abstract: The influence of parental incarceration on their children is in itself a complex issue to understand pertaining to the multi-dimensional effect that is observed in the development of children. When either or both parents of a child are incarcerated, their fate is determined in two ways, namely, to allow them to live with their parents inside the judicial facilities or to stay outside in the care of their kin or relatives and sometimes even institutional care facilities. However, the most concerning aspect of the impact of parental incarceration on a child is the intergenerational mobility of this impact which follows a cyclic manner and results in the incarceration of the child as they develop into adults. There is a major dearth of studies exclusively focused on the intergenerational aspect of parental incarceration in the Indian context, especially for adolescents left outside by incarcerated parents. This paper thoroughly reviews the previous studies to analyse the situation pertaining to the problem at hand and identify the research gaps to provide scope for exploration by future researchers.
    Keywords: parental incarceration; Indian prisons; intergenerational impact; adolescents; behavioural aspects; India.
    DOI: 10.1504/IJHRCS.2023.10057913
     
  • Exploring the intersection of cultural attitudes and legal protection for children from sexual offences in India   Order a copy of this article
    by Himani Lodhi, Ujjwal Singh 
    Abstract: This article looks at the relationship between social and cultural perceptions of child sex abuse and child protection laws in India. The article first defines 'child sexual abuse' before going through its prevalence and characteristics in India. The book then explores social and cultural perspectives on child sex abuse, including the stigma and shame attached to it as well as how caste and gender affect perceptions. The research then examines how these viewpoints have an impact on how child sexual abuse is reported, investigated, prosecuted, punished, and compensated. The article concludes with suggestions for dealing with the impact of cultural and societal attitudes on the legal protection of children, including the function of the state, civil society organisations, the media, and the educational system. Overall, this research highlights the necessity for a comprehensive strategy to tackle societal and cultural attitudes in order to properly protect Indian children from sexual assault.
    Keywords: sexual offences; cultural attitudes; societal attitudes; child sexual abuse; POCSO Act 2012; India.
    DOI: 10.1504/IJHRCS.2023.10057870
     
  • Human rights violations with special reference to caste-based discrimination   Order a copy of this article
    by Tamilselvi Jagadeesan 
    Abstract: Discrimination means an unjust or prejudicial treatment of different categories of people, on the ground of race, caste, sex, or nationality. Article 7 of the UDHR talks about equality before the law and equal protection of the law without any discrimination. The prohibition of discrimination is stated in Article 15 of the Indian Constitution. Caste-based discrimination is regarded as a violation of human rights. To prevent all of these infractions of human rights, India has various laws. In spite of that, it continues to affect a large number of people. In India, the practice of the caste system dates back a thousand years, when a person's caste was determined by their line of work. Later, this practice resulted in severe violations of human rights such as untouchability, social marginalisation, and denial of basic rights. This paper will discuss the caste-based discrimination that led to a violation of human rights.
    Keywords: discrimination; prejudice; UDHR; caste; violation; human rights.
    DOI: 10.1504/IJHRCS.2025.10067499
     
  • Who is shaping whom? - The role of the B&H Constitution in establishing the rule of law culture   Order a copy of this article
    by Benjamin Nurkić 
    Abstract: The main premise of the Constitution of Bosnia and Herzegovina (B&H) is that B&H shall operate under the rule of law. Establishing the rule of law is not simply a process, it requires, alongside legal reforms, also socio-economic reforms. Establishing the rule of law also depends on establishing a rule of law culture. However, a constitution is a framework that shapes legal and political culture in a society. This is a two-way process where a culture also shapes how a constitution is implemented in practice. In this paper, the author analyses the role of the B&H Constitution in establishing the rule of law culture in B&H. In this context, the author analyses who influenced whom. Has the B&H Constitution shaped the legal and political culture in B&H or inherited legal and political culture in B&H has shaped the B&H Constitution?
    Keywords: political-legal culture; rule of law; rule of law culture; Bosnia and Herzegovina.
    DOI: 10.1504/IJHRCS.2023.10058033
     
  • Representation of child abuse in Indian news media: confronting the ethical interface   Order a copy of this article
    by Koyel Basu 
    Abstract: Childhood is that nascent stage of life that naturally progresses towards adulthood. Children are the voices of tomorrow budding into adulthood. Their minds are impressionable. Their experience of childhood is never monolithic. Therefore, media plays a very important role as an influencer. It can be a powerhouse of information spreading positivity or a dysfunctional abyss, which might draw children in a whirlpool of darkness. However, in an age of information warfare and increase of digitisation, in modern times, media is playing truant with its child audience. The paper explores the following questions - what does representation of childhood in India mean and what are its implications? How children are represented in modern Indian media? How narratives are built around them? Whether these narratives are augmenting child development or leading to chaos in their lives or their families? In the past decades, we have come across media manipulation while reporting of child abuse.
    Keywords: representation; media; childhood; child abuse; ethics.
    DOI: 10.1504/IJHRCS.2024.10064443
     
  • Juggling transparency and accountability: the RTI and R2P dilemma in India   Order a copy of this article
    by Gaddela Srikanth 
    Abstract: Democracy is based on the people's consent. The Right to Information (RTI) Act grants citizens the authority to acquire official information from government authorities within limitations. The 'right to privacy' safeguards the confidentiality of personal information, preserves individual autonomy, and ensures freedom from unwarranted intrusion or surveillance. The Indian Constitution acknowledges and protects the fundamental rights of the 'right to access information' and 'right to privacy' within a unified legal framework. Nevertheless, it is plausible that numerous scenarios exist in which the rights mentioned above may intersect, leading to a conflict between an individual's right to privacy and the need to grant access to information. In instances of this nature, the judiciary is tasked with weighing the conflicting interests and ascertaining the suitable course of action. This paper explores the importance of the rights above and the judiciary's role in reconciling and aligning these rights.
    Keywords: right to information; right to privacy; judiciary; legal rights; information commission; human rights.
    DOI: 10.1504/IJHRCS.2023.10059240
     
  • Erosion of democracy and adequacy of the Strasbourg court's response   Order a copy of this article
    by Armen Harutyunyan 
    Abstract: In this article, the author examines the metamorphoses of political regimes of Council of Europe states, as well as the erosion of democracy in some of them. Political regimes are classified into liberal democracy, militant democracy, patronal democracy and patronal autocracy. The last three types of political regimes are considered in the context of Article 17 of the first part, Article 18 and Article 17 of the second part of ECHR. The response of Strasbourg court to the challenges of militant democracy and partronal democracy are adequate. In regards of challenges of patronal autocracy, the Strasbourg court's response is not relevant. The author comes to a conclusion that the court has not fully uncovered the potential of the second part of Article 17. Instead, the court uses Article 18 of the convention, which is an effective response to the challenges of patronal democracy, but not patronal autocracy.
    Keywords: metamorphosis of political regimes; liberal democracy; militant democracy; patronal democracy; flew democracy; patronal autocracy.
    DOI: 10.1504/IJHRCS.2024.10061457
     

Special Issue on: Multi-modal Information Learning and Analytics on Data Integration

  • The rights of transgender in Vietnam - discussions on gender reassignment regulations   Order a copy of this article
    by Hoa Thi Thai Nguyen, Thanh Tram Trieu Nguyen, Nhan Ngoc Thanh Nguyen, Dung Nguyen Mai 
    Abstract: The movements in Vietnam that support LGBTQ+ generally and transgender individuals specifically have had a protracted developmental process. In addition to the challenges of discrimination and prejudice, transgender individuals in Vietnam also have to confront a larger issue, which is the lack of legal protection. They are currently facing many difficulties as there are no specialised legal documents regulating specific procedures for them to live with their new gender. This article aims to analyse the current legal and social challenges faced by transgender people in Vietnam. Specifically, the article explores the current situation of transgender people and relevant legal provisions in the Vietnamese legal system that affect their rights. Accordingly, the article also comments on and critiques the latest draft law on sex reassignment to find out the progress and limitations of the draft. Thereby, the article analyses and shares opinions on some current controversies about transgenders.
    Keywords: change gender; draft law; gender recognition; health protection; human rights; LGBTQ+; transgender people; transgenders's restroom; Vietnamese laws; 2015 Civil Code; Vietnam.
    DOI: 10.1504/IJHRCS.2024.10066378