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Article
Publication date: 15 March 2013

Natalie Drew, Michelle Funk, Caroline Kim, Crick Lund, Alan J. Flisher, Akwasi Osei, Sheila Ndyanabangi, Joshua Ssebunnya and John Mayaye

The purpose of this paper is to provide detailed assessments of the mental health laws of Ghana, South Africa, Uganda and Zambia.

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Abstract

Purpose

The purpose of this paper is to provide detailed assessments of the mental health laws of Ghana, South Africa, Uganda and Zambia.

Design/methodology/approach

The mental health laws of four countries were assessed both by country partners and staff of WHO, Geneva, using the World Health Organization (WHO) Checklist on Mental Health Legislation, which examines the level of coverage of key issues in mental health laws.

Findings

The older laws of Ghana, Uganda and Zambia do not address fundamental human rights of people with mental health conditions. South Africa's more recent Mental Health Care Act (2002) incorporates critical human rights standards, though certain provisions fail to adequately safeguard against potential violations. For mental health legislation to maintain currency with human rights standards it must be regularly reviewed and updated.

Originality/value

The findings highlight the urgent need to revise the mental health laws of Zambia, Uganda and Ghana, and to plan ways to address the gaps identified in the relatively new South African mental health law. The entry into force of the United Nations Convention on the Rights of Persons with Disabilities in 2008 signals a new era in how mental health legislation is to be drafted. The identification of gaps in national laws, as has been undertaken by the four countries, is an important first step towards putting in place legal frameworks to promote the rights of people with mental health conditions in line with current international human rights standards.

Details

Journal of Public Mental Health, vol. 12 no. 1
Type: Research Article
ISSN: 1746-5729

Keywords

Book part
Publication date: 3 August 2011

Robert C. Blitt

This chapter is intended to elaborate on the existing academic literature addressing the migration of constitutional ideas. Through an examination of ongoing efforts to…

Abstract

This chapter is intended to elaborate on the existing academic literature addressing the migration of constitutional ideas. Through an examination of ongoing efforts to enshrine “defamation of religion” as a violation of international human rights, the author confirms that the phenomenon of migration is not restricted to positive constitutional norms, but rather also encompasses negative ideas that ultimately may serve to undermine international and domestic constitutionalism. More specifically, the case study demonstrates that the movement of anti-constitutional ideas is not restricted to the domain of “international security” law, and further, that the vertical axis linking international and domestic law is in fact a two-way channel that permits the transmission of domestic anti-constitutional ideas up to the international level.

In reaching the findings presented herein, the chapter also adds to the universalism–relativism debate by demonstrating that allowances for “plurality consciousness” on the international level may in certain instances undermine fundamental norms previously negotiated and accepted as authoritative by the international community. From this perspective, the movement in favor of prohibiting “defamation of religion” is not merely a case study that helps to expand our understanding of how anti-constitutional ideas migrate, but also indicative of a reenergized campaign to challenge the status, content, and stability of universal human rights norms.

Details

Special Issue Human Rights: New Possibilities/New Problems
Type: Book
ISBN: 978-1-78052-252-4

Article
Publication date: 17 June 2021

Sheshadri Chatterjee and Sreenivasulu N.S.

The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business…

Abstract

Purpose

The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its civil and criminal liability. This study has provided inputs to the policymakers and government authorities to overcome different challenges.

Design/methodology/approach

This study has analysed different international and Indian laws on human rights issues and the impacts of these laws to protect the human rights of the individual, which could be under threat due to the advancement of AI technology. This study has used descriptive doctrinal legal research methods to examine and understand the insights of existing laws and regulations in India to protect human rights and how these laws could be further developed to protect human rights under the Indian jurisprudence, which is under threat due to rapid advancement of AI-related technology.

Findings

The study provides a comprehensive insight on the influence of AI on human rights issues and the existing laws in India. The study also shows different policy initiatives by the Government of India to regulate AI.

Research limitations/implications

The study highlights some of the key policy recommendations helpful to regulate AI. Moreover, this study provides inputs to the regulatory authorities and legal fraternity to draft a much-needed comprehensive policy to regulate AI in the context of the protection of human rights of the citizens.

Originality/value

AI is constantly posing entangled challenges to human rights. There is no comprehensive study, which investigated the emergence of AI and its influence on human rights issues, especially from the Indian legal perspective. So there is a research gap. This study provides a unique insight of the emergence of AI applications and its influence on human rights issues and provides inputs to the policymaker to help them to draft an effective regulation on AI to protect the human rights of Indian citizens. Thus, this study is considered a unique study that adds value towards the overall literature.

Details

International Journal of Law and Management, vol. 64 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Book part
Publication date: 9 May 2022

Abdullah Khoso and Umbreen Kousar

This chapter concentrates on child rights institutions’ founding or organic laws that provide independence and powers to the national or local child rights institutions…

Abstract

This chapter concentrates on child rights institutions’ founding or organic laws that provide independence and powers to the national or local child rights institutions. This chapter analyzes the National Commission on the Rights of the Child Act (NCRCA, 2017) of Pakistan as a case. It employs the Paris Principles of 1993 and the UN Committee on the Rights of the Child’s General Comment No. 2 as a yardstick. This chapter also compares the NCRCA with the National Commission on Human Rights Act (NCHRA, 2012). It presents results from interviews of three Child Rights Movement Pakistan (CRM) members and a member of the National Commission on the Rights of the Child (NCRC). The analysis finds that the NCRC faces serious challenges in performing its duties and functions, which were already limited within the organic law. The NCRC is an advisory body whose only role is to suggest the federal bureaucracy when and if required. The NCRC has not been provided with funds and adequate resources. Even the NCRC members were not paid their salaries for many months. The analysis finds that the NCRC’s affairs are governed through the bureaucracy1 (senior officials) within the Ministry of Human Rights, and the Human Rights Division. Rather than direct responsibility to the Parliament, the NCRC’s independence is undermined as its legislation directs. In the future, the NCRC will face challenges in advancing and protecting children’s rights because it does not have suo-motu (on its own) powers to intervene in matters affecting children. Therefore, it is indispensable to amend the NCRCA in consideration of the GC2 and the Paris Principles to bolster the institution’s independence and functions. These changes are essential to addressing violations of children’s rights and bringing about changes in the structures that affect children.

Details

The Roles of Independent Children's Rights Institutions in Advancing Human Rights of Children
Type: Book
ISBN: 978-1-80117-608-8

Keywords

Article
Publication date: 1 April 2003

Georgios I. Zekos

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination…

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Abstract

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Details

Managerial Law, vol. 45 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 13 July 2015

Martin Samy, Heineken Lokpobiri and Ade Dawodu

This paper aims to examine the extent to which environmental rights enforcement is currently practiced in Nigeria and the relevant characteristics for the development of a…

Abstract

Purpose

This paper aims to examine the extent to which environmental rights enforcement is currently practiced in Nigeria and the relevant characteristics for the development of a legal framework for the practice of environmental rights enforcement in Nigeria, particularly in the interest of the Niger Delta region of the country. The Niger Delta region of Nigeria is rich with abundant hydrocarbon resources and plays host to numerous multinational oil companies. For over five decades, oil spills and gas flaring from the operations of these companies have polluted water bodies and degraded farmlands on which the inhabitants depend for their livelihood. However, the absence of a legal regime of environmental rights has made it difficult for inhabitants of the region to seek legal remedy against these companies.

Design/methodology/approach

This paper examines the extent to which environmental rights enforcement is currently practiced in Nigeria and the relevant characteristics for the development of a legal framework for the practice of environmental rights enforcement in Nigeria, particularly in the interest of the Niger Delta region of the country.

Findings

Nigeria does not have constitutional environmental rights. The legal implication of this provision is that it is not justiciable as such no court of law can exercise jurisdiction to hear any matter that is connected with the provisions of that chapter. In other words, even the government’s “constitutional” responsibility to protect the environment cannot be judicially enforced, let alone environmental rights for victims of environmental damage.

Originality/value

The original and significant contribution of this paper is to highlight the real issues and address them through substantive and procedural environmental rights provisions either in the constitution or positive legislations.

Details

Society and Business Review, vol. 10 no. 2
Type: Research Article
ISSN: 1746-5680

Keywords

Book part
Publication date: 12 June 2018

Megan A. Conway

This chapter explores the relationship between disability identity, civil rights, and the law. Twenty-five years after the passage of the Americans with Disabilities Act…

Abstract

This chapter explores the relationship between disability identity, civil rights, and the law. Twenty-five years after the passage of the Americans with Disabilities Act, the question remains why disability rights legislation does not go far enough toward addressing access, stigma, and discrimination issues. People with disabilities have found empowerment from disability rights laws, but these laws are also restrictive because they define people in relation to medical aspects of their disabilities and narrowly define society’s obligation for inclusion. The successes and failures of disability rights laws are an important contribution to the study of conceptions of difference.

Details

Special Issue: Law and the Imagining of Difference
Type: Book
ISBN: 978-1-78756-030-7

Keywords

Book part
Publication date: 23 April 2021

Allyson M. Lunny

Purpose – This chapter has three general purposes: to trace Canada’s hate speech laws from their policy inception to their current state; to identify the importance that…

Abstract

Purpose – This chapter has three general purposes: to trace Canada’s hate speech laws from their policy inception to their current state; to identify the importance that media and mass communication have played in the creation and development of Canada’s hate speech laws; and to demonstrate the critical relationship that media has had to significant legal cases on hate speech. Methodology/Approach – This chapter historically maps the policy development of and legal challenges to Canada’s hate speech laws. It takes directed notice of the relationship of media and mass communication to the development and implementation of those laws. It engages with libertarian and egalitarian arguments on free speech throughout the chapter testing these ideas through an examination of the legal cases cited. Findings – Canadian legislators and courts have long grappled with the balancing of rights with respect to the issue of “hate speech.” Advances in mass communication technology have added intricate challenges to that legal balancing. Awareness of media’s allure to hatemongers and racial extremists and of media’s protean characteristics make regulation of its hateful content a continuous legal challenge. Canada’s greatest challenge yet to the regulation of hate speech will be its adaptive response to the growing phenomenon of online hate. Originality/Value – This chapter highlights the little recognized prescient statements made by the Cohen Committee about the allure of media and the dangers of its technological advancements in Canadian free speech debates. Providing a comprehensive survey of Canada’s “hate speech” laws, it recognizes the importance that advancements in mass communication have played in the creation and development of Canada’s “hate speech” laws.

Details

Media and Law: Between Free Speech and Censorship
Type: Book
ISBN: 978-1-80071-729-9

Keywords

Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process…

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Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Book part
Publication date: 2 September 2009

Lisa Hajjar

Torture has been practiced for millennia, albeit the means, rationales, and objectives have changed. (For an extended discussion of torture's past, see Hajjar, 2009.…

Abstract

Torture has been practiced for millennia, albeit the means, rationales, and objectives have changed. (For an extended discussion of torture's past, see Hajjar, 2009.) Starting in the 12th century, the rediscovery of Roman law in western Europe revived torture as an aspect of criminal legal processes, both ecclesiastical and secular. According to Edward Peters (1996, p. 41), “the inquisitorial procedure displaced the older accusatorial procedure. Instead of the confirmed and verified freeman's oath, confession was elevated to the top of the hierarchy of proofs…[T]he place of confession in legal procedure…explains the reappearance of torture in medieval and early modern law.”

Details

Special Issue Revisiting Rights
Type: Book
ISBN: 978-1-84855-930-1

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