scholarly journals Reproductive Rights of a Woman – Myth or Reality?

2016 ◽  
Vol 3 (1) ◽  
Author(s):  
Monica Khanna
Keyword(s):  
Family Planning ◽  
Birth Control ◽  
Reproductive Rights ◽  
The State ◽  
Feminist Studies ◽  
Life Choices ◽  
Human Right ◽  
Reproductive Freedom ◽  
The Right ◽  
Reproductive Processes

Feminist studies accord great importance to the issue of reproductive rights, because the control over her body is the first step that a woman takes towards liberation and freedom from the oppression by patriarchy. Adele Clarke in her essay ‘Subtle Forms of Sterilization Abuse’ comments: Reproduction is a fundamental human right: neither the state nor the actions of others should deny any person autonomy over their reproductive processes […] Reproductive freedom is the prerequisite for any kind of liberation for women. The right to decide whether and when to bear children is fundamental to a woman’s control of her own body, her sexuality, her life choices. (Clarke 1984: 189-190) This paper examines two stories which deal with the right of a woman to birth control and family planning, ‘Daktaramma’s Room’ (2004) by R. Chudamani and ‘Giribala’ (2004) by Mahashwta Devi.

Giving effect to the human right to a clean environment in Botswana

2021 ◽  
Vol 23 (1) ◽  
pp. 23-39
Author(s):  
Tinashe Madebwe ◽  
Emma Chitsove ◽  
Jimcall Pfumorodze
Keyword(s):  
Environmental Protection ◽  
The State ◽  
Human Right ◽  
Environmental Rights ◽  
Environmental Deterioration ◽  
Clean Environment ◽  
The World ◽  
The Right

Environmental deterioration remains a concern in Botswana. Despite efforts being made to address this issue by the state, more needs to be done in this regard. This is particularly interesting in the light of reports that the country is looking to draft a new constitution. Against this backdrop, this article considers whether including environmental rights in Botswana’s constitution would advance environmental protection efforts. To this end, the article relies on experiences with rights drawn from different jurisdictions across the world, as well as commentary on these experiences, to build a tool for measuring the extent to which the turn to environmental rights holds value in a given jurisdiction. Using this tool, and drawing from experiences in looking to establish environmental rights in Botswana, the article measures the extent to which including the right in the constitution would hold value in advancing Botswana’s pursuit of environmental protection objectives.

Population Control in the “Global North”?: Canada’s Response to Indigenous Reproductive Rights and Neo-Eugenics

2021 ◽  
Vol 102 (s3) ◽  
pp. s876-s902
Author(s):  
Erika Dyck ◽  
Maureen Lux
Keyword(s):  
Family Planning ◽  
Birth Control ◽  
Reproductive Rights ◽  
Population Control ◽  
Historical Analysis ◽  
Access To Health Services ◽  
Reproductive Politics ◽  
The North ◽  
Access To Health ◽  
Global North

An historical analysis of reproductive politics in the Canadian North during the 1970s necessitates a careful reading of the local circumstances regarding feminism, sovereignty, language, colonialism, and access to health services, which differed regionally and culturally. These features were conditioned, however, by international discussions on family planning that fixated on the twinned concepts of unchecked population growth and poverty. Language from these debates crept into discussions about reproduction and birth control in northern Canada, producing the state’s logic that, despite low population density, the endemic poverty in the North necessitated aggressive family planning measures.

scholarly journals Agama dan Pernikahan Pasangan Beda Agama di Sendangmulyo Semarang

2019 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Irma Putri Fatimah ◽  
Amirudin Amirudin ◽  
Af'idatul Lathifah
Keyword(s):  
Religious Beliefs ◽  
Modern Society ◽  
The State ◽  
State Agency ◽  
Life Choices ◽  
Interfaith Marriage ◽  
The Family ◽  
The Future ◽  
Interfaith Marriages ◽  
The Right

Marriage is the dream of every couple, where marriage is one of the highest forms of commitment in every individual relationship that makes love. In practice marriage is the dream of every couple to continue to be together to build a household. However, the couple's desire now becomes complicated when the marriage is difficult because of different religious beliefs. The difficulty of the legality of interfaith marriages in Indonesia becomes a polemic of interfaith couples in carrying out their marriage legally in the state or religion or even opposition faced with the family. Given this interfaith marriage today is still intensively carried out even though in practice it is difficult to implement and many problems will arise in the future. Indonesia is indeed known as a multicultural nation where differences in culture and religion are inevitable, one of which is the phenomenon of interfaith marriages now that Indonesia has five legitimate religions and streams of belief that are still developing in modern society. The state agency appointed to legalize the holy marriage is still a long-standing polemic for some couples who want to formalize their marriage. However, because they want to keep each of their beliefs, the state fully regulates marriages that require couples to marry with the same beliefs and religions, whereas in practice citizens are free to make their own choices and have the right to be happy in determining their life choices, including in terms of marriage and determining their life partners each

scholarly journals The natural human right to security and security as a constitutional human right

2020 ◽  
pp. 219-233
Author(s):  
Jadwiga Potrzeszcz
Keyword(s):  
Constitutional Law ◽  
Primary Objective ◽  
The State ◽  
Fundamental Rights ◽  
Human Right ◽  
Positive Law ◽  
The Right

In this article it was formulated the thesis on the existence of a natural hu­man right to security, and subsequently the analyse of the issue of the relation­ship between the natural human right to security and security as a constitutional human right. The primary objective of the research was to answer the question whether the natural human right to security influences the existence of security as a human right, guaranteed by positive law, in particular in constitutional law. The above analysis of the provisions of the Polish Constitution proved that the right to security as a constitutional human right was not expressly stated in any of these provisions. Certainly, the formulation of an explicit constitutional human right to security raises concerns about the scope of the citizen’s ability to enforce this right from the state, e.g. by means of a constitutional complaint. Regardless of the difficulties raised, it is worth interpreting the constitution­al human right to security from all the regulations of the Polish Constitution as a function of fundamental rights. In justified individual cases of violations, the constitutional human right to security may be derived from art. 30 of the Pol­ish Constitution, which stipulates that the inherent and inalienable dignity of man is the source of his rights and freedoms.

scholarly journals Pemenuhan Hak Asasi Manusia Atas Bangunan Dengan Kontrak Built, Operate And Transfer

SASI ◽  
2018 ◽  
Vol 23 (2) ◽  
pp. 108
Author(s):  
Sarah Selfina Kuahaty
Keyword(s):  
The State ◽  
Human Right ◽  
General Welfare ◽  
The Government ◽  
The Right

One of the goals of the state as mandated by the Constitution NRI Year 1945 is to promote the general welfare. As mandated by the constitution, the government is obliged to meet the objectives of the country. In addition Article 28 paragraph 1 of the Constitution NRI 1945 also gives the right to every person to live in physical and spiritual prosperity, as a human right. One form of the welfare of society is the availability of infrastructure and facilities to support each activity. The realization of infrastructure facilities such example is building. On one hand the government does not have the funds to provide the building, but the government owns the land. Therefore, the government can invite investors and cooperation for the procurement of the building by using the System Build, Operate and Transfer

Conclusion

2020 ◽  
pp. 181-202
Author(s):  
Patricia Zavella
Keyword(s):  
Health Care ◽  
Women Of Color ◽  
Access To Health Care ◽  
Reproductive Rights ◽  
Reproductive Justice ◽  
Human Right ◽  
Access To Health ◽  
Poor Women ◽  
History Of ◽  
The Right

This chapter reflects on how the movement for reproductive justice addresses the increased polarization of politics around immigration and reproductive rights in the wake of the election of President Trump. It argues that women of color in the movement for reproductive justice have a history of crafting a politics of inclusion that aims to empower those who are marginalized by intersecting systems of power, with a radical vision of citizenship. These activists insist that poor women of color have the human right to access to health care with dignity as well as the right to healthy lives and wellness.

scholarly journals Proselytising the Regulation of Religious Bodies in South Africa: Suppressing Religious Freedom?

2019 ◽  
Vol 22 ◽  
pp. 1-27 ◽  
Author(s):  
Radley Henrico
Keyword(s):  
Criminal Law ◽  
Religious Freedom ◽  
Unique Feature ◽  
The State ◽  
Freedom Of Religion ◽  
Human Right ◽  
Personal Belief ◽  
Or Practice ◽  
Legislative Framework ◽  
The Right

In democratic pluralistic and secular societies, freedom of religion is a fundamental right to be enjoyed by all individuals and religious organisations. A unique feature of this human right is the extent to which it is premised on a personal belief. The latter can be "bizarre, illogical or irrational", but nevertheless deserving of protection in the interests of freedom of religion. However, when the expression of a religious belief or practice transgresses the civil or criminal law it must be dealt with in the relevant legislative framework to hold the transgressor liable. Measures taken by the state to regulate religious bodies in terms of a general supervisory council or umbrella body are an unreasonable and unjustifiable interference with freedom of religion, and hence unconstitutional. I am of the view that the right to freedom of religion depends for its constitutional validity – and viability – on there being no interference (or regulation) by the state except in instances as provided for in terms of relevant legislation.    

scholarly journals Hechos de acción colectiva: Derecho a la planificación familiar y a la libre opción de la maternidad

2016 ◽  
Vol 9 (2) ◽  
pp. 89
Author(s):  
Carolina Yepes Valencia
Keyword(s):  
Family Planning ◽  
Free Choice ◽  
Sociological Theory ◽  
Reproductive Rights ◽  
Collective Actions ◽  
Reconstruction Process ◽  
Political Opportunities ◽  
Las Mujeres ◽  
The Right ◽  
Sexual And Reproductive Rights

Resumen: El presente artículo analiza los principales hechos de acción colectiva con un enfoque de género emprendidos por dos organizaciones Colombianas: La Mesa por la Vida y la Salud de las Mujeres, y Católicas por el Derecho a Decidir, quienes enmarcadas bajo el concepto de feminismo liberal centran su accionar por la reclamación del derecho a la planificación familiar y a la libre opción de la maternidad, derechos que hacen parten de los derechos sexuales y reproductivos de las mujeres. Para realizar el proceso de reconstrucción en el cual se reclamaron estos derechos mediante los principales hechos de acción colectiva de ambas organizaciones, se hizo uso de la teoría sociológica de la acción colectiva enfocada al análisis de los repertorios, la estructura de oportunidades políticas, los detractores y lo simbólico de estas acciones.Palabras clave: hechos de acción colectiva, organizaciones de mujeres, género, derechos sexuales y reproductivos.Collective Actions in Defense of Family Planning and the Right to the Free Choice of MaternityAbstract: This article analyzes the major collective actions with a focus on gender undertaken by two Colombian organizations: the Working Group for Life and Women’s Health, and Catholic Women for the Right to Choose, who, framed under the concept of liberal feminism, focus their actions on claiming the right to free family planning and to the free choice of maternity, rights that are based on the sexual and reproductive rights of women. To perform the reconstruction process in which these rights are claimed, the sociological theory of collective action was made use of focusing on analysis of the repertoires, the structure of political opportunities, detractors and the symbolic aspect of these actions.Key words: collective actions, women’s organizations, gender, sexual and reproductive rights

scholarly journals ON THE ROLE OF THE STATE IN ENSURING EFFECTIVE DEFENSE IN CRIMINAL PROCEEDINGS FOR THE PURPOSES OF THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

2020 ◽  
pp. 158-163
Author(s):  
M. H. Motoryhina
Keyword(s):  
Human Rights ◽  
The State ◽  
Special Role ◽  
Criminal Proceedings ◽  
Human Right ◽  
Defense Counsel ◽  
Legal Standards ◽  
Role Of The State ◽  
European Court ◽  
The Right

The article presents the issues on ensuring effective defense in criminal proceedings. Analysis of international legal documents, generalization of the practice of the European Court of Human Rights give grounds to divide international legal standards, that have been formed to facilitate the enforcement of the right to defense, into the following groups: 1) standards designed to facilitate the effectiveness of the defense by the accused him- or herself; 2) standards facilitating effective defense by the defense counsel; 3) standards, the adoption of which contributes to the effective defense maintained by the defense (when the defense is conducted jointly by the accused and the defense counsel) 4) standards that contain requirements for the state or its bodies and compel them to ensure the possibility of effective defense. The latter group of standards is important among others because the conduct of defense seems impossible without imposing certain requirements on the state and its bodies, and fixed guarantees of effective defense will turn into a declaration. The study of the case law of the European Court of Human Rights on maintaining effective defense in criminal proceedings allows us to state the lack of unity in its legal positions, since the issue of the effectiveness of ensuring the human right to defense in criminal proceedings depends on the specific circumstances of the case. The court notes that, on the one hand, the state can only intervene in the activities of defense counsel within the limits of public interests, given the independent nature of the legal profession. On the other hand, it cannot stand aside in the event of the discovery of violations of the standards for the conduct of defense in criminal proceedings, which assigns it a special role in maintaining effective defense for the suspect, the accused in criminal proceedings. Based on the analysis of the decisions of the European Court of Human Rights, standards are identified that contain requirements for the state or its bodies and compel them to ensure the possibility of effective defense: 1) the obligation of the state to conduct real (not illusionary or formal) defense for the suspect, the accused, since the appointment of a defense counsel does not ensure maintaining effective legal services; 2) the obligation to provide the defense team with the time and opportunity to conduct effective defense.

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