Personal Liberty Research Articles

The Arab Woman In Israel In A Tight Spot: Academia And Career Versus Marriage And Family

This study concentrates on the impact that marriage has on the personal development of Israeli Arab women in the field of higher education and employment. These women are a minority within a minority as they belong to Israel’s Arab ethnic community but are also a gender-segregated minority within their patriarchal society. Whereas other studies touch on the overall struggle of Arab women to reach personal fulfillment despite intense family life, the focus of this study is specifically the marriage itself as a watershed in the young Arab Israeli woman’s life. To fully understand the challenges constructed by marriage, 25 Israeli Arab women were interviewed in-depth on a university campus. The findings indicate the negative effect that traditional marriage has on these women’s personal futures. The study concludes on the optimistic note that the interviews also revealed a deep awareness among young Arab women of their personal rights and liberties.

Unveiling human rights protection in China from the perspective of criminal procedure law

Abstract A significant portion of the misunderstanding surrounding China’s human rights protection stems from a failure to consider its legal progress in light of China’s unique cultural, ideological, and political contexts. The Criminal Procedure Law of China is closely linked to constitutional principles and the fundamental first generation of human rights, providing a clear framework for understanding China’s efforts in human rights protection. As widely accepted standards for human rights codification, Articles 9, 17, and 14 of the International Covenant on Civil and Political Rights (ICCPR) outline the right to personal liberty, privacy, and the defense of the accused. Initially, China’s Criminal Procedure Law of 1979 fell short of meeting these global standards. However, with substantial revisions in 1996, 2012, and 2018, this specific code has progressively aligned with the covenant’s requirements, marking significant strides in human rights protection in China. Despite these advances, there remains room for improving the Criminal Procedure Law, especially under the challenges of the digital age. China, alongside other nations, will focus on building a more comprehensive, robust, and globally integrated legal framework to address the forthcoming issues.

Challenging Involuntary Treatment and Confinement in Canada Through the United Nations Convention on the Rights of Persons with Disabilities (CRPD)

The Convention on the Rights of Persons with Disabilities (CRPD) came into force in 2008. People with disabilities, including people with psychosocial disabilities, were instrumental to its development. Article 12 and Article 14 of the CRPD, which respectively affirm the universal legal capacity and right to liberty of persons with disabilities, were viewed as key victories by disability rights movements. These provisions are particularly important for people with psychosocial disabilities who are routinely subjected to human rights violations through psychiatric detainment and involuntary treatment authorized under domestic mental health legislation in many states. We aim to advance discourse surrounding the CRPD and its development by centring mad peoples’ voices and individuals with lived experience through a literature review and interviews with key disability rights advocates. Using Canada as a case study, we critically examine the implementation of the CRPD and the need to align mental health acts with our international human rights obligations. We argue that forced psychiatric interventions violate the rights of persons with psychosocial disabilities and cause inherent harm. There is an urgent need to move towards new paradigms of care that promote the dignity and autonomy of people with psychosocial disabilities.

Observance of the labour rights of persons who have been deprived of their personal liberty as a result of armed aggression

Based on the monitoring of the Ukrainian Parliament Commissioner for Human Rights, the article reveals the state of observance of labour rights of civilian hostages. The article identifies problematic issues that obstruct the realisation of these rights of persons who have been deprived of their personal liberty as a result of armed aggression. It is noted that the Geneva Convention relative to the Protection of Civilian Persons in Time of War prohibits the taking of hostages. Failure to comply with the principles of international humanitarian law by representatives of the Russian Federation leads to the inability to ensure the protection of civilian hostages in accordance with international norms due to the unresolved nature of this issue. The Russian Federation, despite international norms, keeps such persons in captivity, does not notify them of their detention, does not provide them with the appropriate status, as a result of which the detained person cannot appeal against his or her detention, has no opportunity to report it. According to international standards, victims of enforced disappearances have the right to compensation from the state, which provides them with the maximum possible rehabilitation. It is noted that the protection of the constitutional rights of civilian hostages is provided for by the Law of Ukraine “On Social and Legal Protection of Persons in respect of whom the deprivation of personal liberty as a result of armed aggression against Ukraine and members of their families has been established”. In addition, it is noted that civilian hostages have the right to keep their jobs, but the law does not provide for the payment of wages. The article establishes that it is impossible to properly exercise the labour rights of employees who have become civilian hostages guaranteed by the Constitution of Ukraine. The emphasis is placed on the legislative gaps that do not allow civilian hostages to exercise the guaranteed right to credit their insurance period. The article provides for the crediting of insurance periods to civilian hostages, which affects social guarantees and, subsequently, the level of pension provision. Due to the uncertainty of the payer of the unified social contribution, such credit is not given for persons in respect of whom the deprivation of personal liberty as a result of armed aggression against Ukraine has been established. Deprivation of personal liberty is the basis for postponement or extension of annual leave and is also included in the length of service that gives the right to annual basic leave. Civilian hostages are additionally entitled to a one-time voucher to maintain their competitiveness in the labour market through retraining, specialisation, advanced training, and education in professions and specialities for priority economic activities. It is found that the problem of civilian hostages is closely related to the problem of missing persons. It is proved that there is a need to expand the labour rights of civilian hostages by guaranteeing the payment of wages.

An Analysis of Human Rights Violation in Police Custody

This research paper deals with human rights violation in police custody. The concept of human rights violations in police custody is referred to in a variety of ways including police brutality police torture police excesses, custodial violence, and lock-up crimes, the general implication of this concept is that people in police custody are not treated with the dignity and are not given ample rights that citizen in a model democratic state deserve. The practice of limiting an individual’s status, harassing him physically or mentally, or depriving him of his personal liberty or fundamental freedoms in police custody can be treated as human rights violation in police custody.

Title- A Prison Without Bars, Chains, or Locks

Krishna Iyer, J. in his judgments has always supported humanitarian over punitive treatment of inmates. The Indian Constitution guarantees the fundamental right to life and personal liberty to all people, including prisoners. Previously, prisons were thought to be small rooms where convicted criminals were kept away from luxury and public life to allow them to reflect on their crimes and repent. Since ancient times, prisons have been used both domestically and abroad as punitive and correctional facilities. One of the concepts employed by the criminal justice system to help prisoners become law-abiding citizens is the open prison. This article begins with a brief study of the concept of open prisons and a comparative discussion of open prisons in Finland and India. This research paper tries to bring out the contrast between the Indian and Finnish Open Prisons as Finland is the perfect example to study the implementation of reformative justice in prison administration. The researcher has also critically discussed the conditions of the open prison system in India and tried to suggest measures to enhance the condition just like the Finnish Open Prisons. In the end, the researcher has concluded the paper with some suggestions that can be implemented to enhance the conditions of the open prison system in India.

“Digital Personal Data Protection Act”—A Strudel Served Raw!

The good news is that personal data privacy law has become a reality in India. The bad news is 95% of the public is ignorant of the same, 3% do not know what it entails and the rest 2% are voraciously engaged in an intellectual feud. Privacy as a concomitant of natural or inalienable rights has been recognized in the western hemisphere since the 18th century. In India, the legislative history of the doctrine can be traced to the trilogy of cases during the 1950’s. It was only post 1978, that the apex court of the country passed a slew of judgements recognizing the right to privacy as an essential part of the right to “protection of life and personal liberty” embodied under the Indian Constitution and thereby bestowing the fundamental right status. On August 24, 2017, a nine-judge Constitution bench of the Supreme Court of India (Puttaswamy judgment) re-wrote history as it not only recognized and reconfirmed the fundamental right status of “ right to privacy” but also laid the foundation of data protection law in the country. August 11, 2023, marks a historic date in the legislative annals of digital India, as the country enacted the Digital Personal Data Protection Act, 2023 (“DPDP Act” or “Act”) after more than half a decade of deliberations. At a time when technology has become the defining paradigm of every business, the DPDP Act seeks to lay the foundation for developing a strong data privacy regime in the country. The Act in its new avatar is quite different from its predecessors proposed earlier. Ironically, the regulations themselves have set ajar a host of challenges, issues and steeplechases, which can barely be fathomed at this moment. In addition, the DPDP Act is yet to be notified or implemented by the Central Government. The key question this paper discusses is whether this seemingly endless period of deliberations culminated into a robust and comprehensive law or is it simply a Strudel served raw! To answer this question, the paper first charts the history of the concept with a chronological approach on a global platform. The second part of the paper charts the pre-DPDP era in India. The third part recapitulates the DPDP Act (in the present form) in a nutshell, while the fourth part dissects the DPDP Act highlighting certain potentially problematic features of this law. Lastly, the paper will examine what can be done to influence the development of a robust and sustainable data protection regime in the country in the years to come. Keywords: Data Privacy, DPDP Act, Indian Privacy Law, Origin of Privacy Laws

Right to Privacy with Special Reference to Recording Calls Without Consent is a Violation of Article 21 in the Indian Constitution

ABSTRACT :The right to privacy is a fundamental right guaranteed to every individual and is protected by the Indian Constitution. It is enshrined in Article 21, which states that “no person shall be deprived of his life or personal liberty except according to the procedure established by law”. The right to privacy encompasses the protection of personal information , communications, and the autonomy of an individual. In today’s digital age, where communication occurs predominantly through telephonic conversations, the issue of tapping phone lines or recording calls without consent has become a matter of concern.

Placing Behavior in Context: Political Interpretations of Individual Behavior in Countering Information Warfare in Finland

Malign information influence often targets large segments of the population, with the intent to manipulate individual behavior for the benefit of the actors disseminating this harmful information. However, in a liberal society like Finland, individual behavior is closely tied to personal freedoms and liberties, making the commentary and regulation of individual behavior for the sake of security a complex endeavor. This paper investigates how Finnish politicians and officials perceive individual behavior within the context of information warfare. We examine the emergence of particular discourses that interpret, critique, and potentially seek to influence individual behavior. Our research draws from parliamentary debates and legislative documents, as well as executive branch materials, providing insight into contemporary political thought. By exploring the evolving landscape of political discourse in Finland, our paper contributes to a better understanding of the environment in which countermeasures against information warfare are developed and the roots of national security policy. It underscores the intricate challenges of safeguarding cognitive security while respecting individual freedoms in a modern democratic society.

A review of the United Nations working group’s opinion on Nnamdi Kanu’s arbitrary deprivation of liberty

Human rights laws have played a significant role in protecting the human rights of extradites wanted by a requesting state to face criminal charges. However, states in their zeal to secure the presence of these individuals within their territory in order to try them under their domestic laws, tend to circumvent international extradition norms and processes, thereby placing these individuals beyond the law’s protection. Nigeria is no exception: for example, in the case of Nnamdi Kanu, the leader of a group campaigning for the independent Republic of Biafra in Nigeria’s South-Eastern region, who was allegedly forcefully abducted and detained in Kenya before his extraordinary extradition to Nigeria. The United Nations Working Group on Arbitrary Detention (WGAD is established to ensure personal liberty of persons who have been arbitrarily deprived in such circumstance. This article adopts the doctrinal methodology to examine the legal issues raised in the WGAD’s opinion which determines whether Kanu’s liberty was arbitrarily deprived by the Kenyan and Nigerian Governments.

“CONFESSIONS” BY J.-J. ROUSSEAU: TECHNIQUES OF AESTHETIC INFLUENCE AND STRATEGY OF READER’S RECEPTION

The study aims to explore the specific features of the modern reception of J.-J. Rousseau’s “Confessions”. The theoretical framework of the research is grounded on the ideas advanced by T. Avtuxovych, M.Czermińska, M.Głowiński, W.Iser, R. Jakobson, H.R.Jauss, P.Lejeune, Yu. Lotman, V.Tjupa, Zh. Starobinskiy and other scholars. The researchers describe the semiotic model of literary communication and the theory of the text by Yuri Lotman. The research was conducted using historic-functional, hermeneutic, receptive, and theoretical analysis methods. An attempt is made in this paper to show how the process of “decoding” the meanings intended by the author in the text takes place. In particular, the authors study how Rousseau’s “Confessions” functions in the structure of modern literary communication. The specific objectives of the present study are the meanings of “Confessions” are read by the contemporary recipient and which ones are relegated to the background compared to the literary communication of the eighteenth century. The common discourse code of the author and the reader is the key to successful communication and understanding of the specifics of the project of Rousseau’s life writing. At the same time, the success and specificity of artistic communication are influenced by the difference in discourse code meanings related to the time distance between the author and the recipient and the layering of new historical and cultural patterns in the reader’s consciousness. At the thematic level, three main themes are considered, including: a) the social origin of the autobiographical subject, b) his conflict with society, and c) the protagonist’s intimate self-disclosure. Thus, the article provides a detailed examination of the motif of the social origin of the autobiographical character. On the topic of the social origin of the character, instead of the plebeian’s right to public attention for the contemporary reader, the value of education and knowledge, freedom of speech and individual liberty are being actualised. Of particular note is the theme of the conflict between a character and society, the idea of the human right to otherness, the right to personal liberty and the right to choose the concept of one’s own life comes to the forefront. Thus, a literary text realises the social function of literature. The reading of the character’s self-disclosure by an attentive reader (from Rousseau’s contemporary to modern readers) has a twofold purpose: first, to encourage everyone to live the experience of the character and thus to think about themselves, and second, to reflect on society as a whole. It testifies to the fact that in the aspect of self-disclosure of the meaning of “Confessions”, the transformation of confession as an external form of a religious rite of repentance addressed to God into the narrative genre of confessional autobiography addressed to a human reader of the story is actualized. The study demonstrated a need for continuation of the study in the aspect of reader reception to contribute to the perception of its place in the contemporary literary and cultural space.

Exploring the Nexus of the Rights of Undertrial Prisoners in India with Emphasis on the BNSS(Bharatiya Nagarik Suraksha Sanhita) 2023, and the United Nations' Role"

In India persons who are detained in jail while awaiting trial on criminal charges are referred to as under-trial prisoners.. How does a system that claims to be equitable and justifiable explain denying freedom to its people based on the presumption of ‘innocent until proven guilty’? An efficient criminal justice system must unavoidably guarantee that those who are accused get a fair trial for the crimes they are allegedly guilty of. This article looks forward to embracing the adaptation of a new approach towards prolonged incarceration in jails to recognize the rights of undertrials by analyzing the proposed changes under the Bharatiya Nagarik Suraksha Sanhita 2023. In a comparable situation to the indigents wealthy people are impoverished to secure their freedom so why does the system of bail create prejudice based on economic discrimination? This article highlights the rights of undertrial prisoners mainly on humanitarian grounds internationally on the roles of the United Nations that enshrined the Right to personal liberty and the right to equality related to non-discrimination based on economic grounds. Because different groups have objectively different social ideals and social behaviours, the poorest and least fortunate members of society typically pay a disproportionate part of the socioeconomic consequences of crime.

Psychological Perspective of Mother-Daughter Relationship in Toni Morrison’s Beloved

Toni Morrison delves deeply into history, culture, and human psychology in her novels, which go well beyond surface dynamics to examine the mother-daughter bond in great detail. Morrison's writing expertly explores the psychological elements that shape and define the relationship between mothers and daughters while also illuminating the bond between them through the careful weaving together of intricate events. Morrison focuses his examination on the idea of identity. She examines how women negotiate their identities in the face of family expectations, societal norms, and personal aspirations. Through the lives of her characters, Morrison illustrates the inner struggles that women experience as they attempt to strike a balance between the weight of their ancestors' past and their demand for personal liberty. Morrison uses parallelism between Beloved and Sethe frequently enough to make it hard for the reader to ignore their affection for one another and their mental relationship, which is, regrettably, the source of their conflict as mother and daughter. A further sign that the two do not understand each other's reasons for love and desertion is the difference between Beloved's recall that Sethe "left her" and Sethe's reminder to her that she "loves her."

Decriminalisation of Section 377,IPC: Reforming Laws on Same-Sex Relationships in India

The presence of Section 377 within the Indian Penal Code has long been a contentious issue, rooted in colonial-era legislation that fails to align with contemporary societal norms and values. Originating from the Victorian Buggery Act of 1533, it was transplanted into the IPC in 1860, reflecting a punitive stance towards acts deemed to contravene the perceived natural order, including consensual homosexual relations. This antiquated provision, while ostensibly aimed at regulating sexual conduct, has instead perpetuated discrimination and marginalization against the LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer) community. Despite progressive legal developments, such as the landmark Naz Foundation vs. Govt. of NCR Delhi case in 2009, which decriminalized same-sex relations, systemic barriers persist. Article 14, 15, and 21 of the Indian Constitution, guaranteeing equality before the law, prohibition of discrimination, and protection of life and personal liberty, respectively, stand in stark contradiction to the continued enforcement of Section 377. Furthermore, the Supreme Court's ruling in 2018, recognizing the rights and dignity of LGBTQ individuals, underscored the imperative for legislative reform. However, substantive legal changes are essential to address broader issues facing the LGBTQ community, including marriage equality, adoption rights, and inheritance. Despite these challenges, there is growing momentum towards reform, driven by a recognition of the fundamental rights and freedoms that all citizens, regardless of sexual orientation or gender identity, are entitled to. Efforts to dismantle discriminatory laws and foster a more inclusive legal framework are not merely matters of legality, but also of human rights and social justice. Therefore, the imperative lies in fostering legislative and societal change that ensures equal treatment and opportunities for all members of society, irrespective of sexual orientation or gender identity.

Examining the impact of personal freedom on income inequality: Evidence from Sub-Saharan Africa and Western European regions.

Rising income inequality has recently garnered intensive attention owing to its significance in theory and practice. This has rendered the mechanism through which inequality can be understood, even from a microscopic perspective, to institute proper policies that curtail it important. We contribute to the literature by examining the effect of freedom on income inequality using data from 34 least-free and 18 most-free countries from 2000 to 2020 in Sub-Saharan Africa and Western Europe, respectively. A novel fixed-effects panel quantile regression econometric estimator was employed, and the findings showed a non-linear relationship between personal freedom and income inequality for both regions. Again, both regions reported an inverse relationship between personal freedom and income inequality within the medium-run quantiles. However, a positive relationship was reported in the short-run and long-run quantiles of Sub-Saharan Africa and Western Europe, respectively, whereas the inverse was the same. Finally, the significant adverse relationship was more dominant in Western Europe, implying that high levels of personal freedom in the region explain the low levels of income inequality compared to Sub-Saharan Africa, which has lower levels of personal freedom and higher income inequality. Concerning the findings, it is recommended that policymakers and governments of least- and most-free regions institutionalise personal liberties that support human capital development and establish mechanisms to implement enacted freedoms.

The Legislative Framework of Anti-terrorism and Fundamental Rights in India

The legislative framework governing anti-terrorism measures in India has faced substantial scrutiny regarding its compatibility with fundamental rights enshrined in the country's constitution. This paper aims to elucidate the intricate interplay between anti-terrorism laws and fundamental rights, highlighting the complexities inherent in balancing national security imperatives with individual liberties. The paper further outlines the evolution of anti-terrorism legislation in India, such as the enactment of key laws such as the Terrorism and Disruptive Activities (Prevention) Act (TADA) 1987, the Prevention of Terrorism Act (POTA) 2002, and the Unlawful Activities Prevention Act (UAPA) 1967. Fundamental rights are the cornerstone of India's democratic ethos, safeguarding the dignity and freedom of its citizens. By guaranteeing the right to life and personal liberty, freedom of speech and expression, and the right to privacy, the Constitution empowers individuals to participate actively in democratic processes, voice dissent, and hold the government accountable. These rights are not absolute but are subject to reasonable restrictions in the interest of public order, morality, and national security. Despite their crucial importance, fundamental rights often find themselves at odds with the exigencies of national security, particularly in the context of anti-terrorism laws. The paper provides a comprehensive overview of the constitutional bedrock of fundamental rights in India and highlight the tension between anti-terrorism laws and these rights, highlighting the importance of maintaining a delicate balance in upholding democratic principles.

CYBER INFRINGEMENTS: ANALYZING JUDICIAL AND LEGISLATIVE SAFEGUARDS FOR WOMEN'S PRIVACY RIGHTS IN INDIA

Privacy is one of the necessary requirements that cannot be arbitrarily implemented in any society. People in the same continent may understand privacy as an individual right to privacy in different ways. Appreciation of privacy at global level can be interpreted in Universal Declaration of Human Rights as a liberty right, which is an inherent part of the mankind. With that is evident that privacy violation is not limited to the physical spaces; rather, a person can be violated in all types of computer media. As dependency on internet grows and, therefore use of virtual modes, there are several considerations since people may not be prepared for new technologies I n performing everyday tasks. The matter becomes more complicated when privations are committed against the most helpless in the society. Women and sexual minorities take most of the heat of privacy violations since the society today is embedded in a patriarchal system. Women may face various other sub-violations on the internet which may be included under the title of Technology Facilitated gender-based violence (TFGV). Infringement of privacy is a violation of fundamental rights as recognized under the right to life and personal liberty but privacy violations that take place on digital platforms is not acknowledged and recognized yet. Women are vulnerable to a range of sub-violations, referred to as Technology Facilitated Gender-Based Violence while using the internet. Infringing on someone's privacy is a violation of their fundamental rights, such as the right to life and personal liberty. However, privacy violations that occur on digital platforms are yet to be fully recognized and acknowledged. It is imperative to address these issues to ensure that women are safe and secure while using digital platforms. In this paper, research examines the adequacy of current Indian legal frameworks in protecting women's privacy in digital spaces. Its purpose is to propose legal reforms that enhance the protection of women's digital privacy rights, taking into account global standards and best practices. The research objectives underscore the discrepancies between statutory provisions and their practical enforcement, offering a critical analysis of the existing legal framework and proposing enhancements to more effectively safeguard women against cybercrimes.

Is India ready for fundamental right to health?

The right to health, a vital indicator of human development and thus, the economic and social development, has been an age-old phenomenon in India. Although, no explicit recognition to the right to health or healthcare has been given under the Indian constitution, the hon’ble supreme court, through various judicial interpretations, has repeatedly observed that right to health is a part of fundamental right to life and personal liberty enshrined under article 21. However, the fundamental policy question being raised in recent years is whether to guarantee health as a separate fundamental right in India. The issues for consideration are multifarious, the most important being- whether we have reached the level of economic and health systems development so as to make this a justiciable right-implying that its denial is an offense.

The gender-affirming model of care is incompatible with competent, ethical medical practice.

To examine the compatibility of gender-affirming care with the principles and practices of psychiatry. The assumption that there is no pathology involved in the development of gender diversity is a necessary precondition for the unquestioning affirmation of self-reported gender identity. Cases where psychosis is the undeniable cause of gender diversity demonstrate this assumption is categorically false. To protect this false assumption, gender-affirming guidelines forbid the application of the core psychiatric competencies of phenomenology and psychopathology to the assessment of gender diversity. They substitute the political goal of expanding personal liberty for the evidence-based medicine processes of clinical reasoning, rendering them incompatible with competent, ethical medical practice.

Paternalism in Australian parliamentary debate: the case of drug testing social security recipients

Abstract Across the globe, welfare conditionality and sanctioning increasingly permeate social welfare programs. Paternalism is one of the key normative rationales invoked when both scholars and politicians debate the legitimacy of this reform. With a view to bringing the scholarly and political debates into closer conversation with each other, this paper examines how paternalism manifests in political debate. We systematically analyse the paternalist arguments made by Australian federal parliamentarians in favour of the virtually identical 2017 and 2018 policy proposals to drug test welfare recipients, both of which resulted in a stalemate. We find that paternalistic arguments primarily employed soft, weak, and welfare paternalism, with heavy emphasis on the purported benefits of the intervention, limited emphasis on the issue of personal liberty, and noticeable silence about autonomy and consent. These findings shed light on the scholarly features of paternalism that are obscured in contemporary political discourse. This analysis can direct political philosophers to features of paternalism that need more attention as well as suggest ways that drug and welfare policy advocates may engage more effectively with paternalist arguments.