Set Of Rights Research Articles

Forest Land Tenure Rights on Indigenous Peoples in Honitetu Village West Seram District, Maluku

Forest land tenure systems for indigenous peoples are always debated by various parties regarding the overlapping interests and rights of forest land. Objective of this study is to analyze the types of indigenous peoples' rights to strengthen forest land tenure systems in Honitetu Village, West Seram Regency. The research approach used is Participatory Action Research by building constructs of meaning between researchers and society repeatedly to obtain an understanding of the information discussed. Data were obtained through key informant interviews and focus group discussions conducted repeatedly. The analysis was carried out at each stage of the interview and discussion by making categorization of data to get an understanding of each data obtained. The results of study show that the system of forest land tenure in indigenous communities in Honite village includes control by the whole community (petuanan), control by clan groups (soa) and control by individuals (families). In these three systems, various types of rights are attached to managing and utilizing forest resources. The set of rights contained in indigenous peoples will be even stronger if it includes the linkage of longtime dimensions, the dimensions of space for the use of vertical or horizontal space, the dimensions of the subject with fixed ownership and the dimensions of the object include the results of forest land that provides full benefits.Key words: forest land tenure rights, indigenous people, forest management

Kepastian Hukum Mengenai Jangka Waktu Sebagai Tersangka Dalam Proses Penyidikan Di Indonesia

The Indonesian state is the rule of law as stipulated in the provisions of Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesian. The system of government and law enforcement must be carried out based on laws and regulations, Law number 8 of 1981 concerning the book criminal procedural law (KUHAP) as a guideline for the enforcement of material law. The suspect has a set of rights stipulated in the Criminal Procedure Code, based on the provisions of Article 50 paragraph (1) of the Criminal Procedure Code that the suspect has the right to immediately get an examination by the investigator and can then be submitted to the public prosecutor. KUHAP as a guideline for material law enforcement does not regulate the period of investigation and does not regulate legal protection that can be given to suspects whose cases are not delegated in the prosecution process and are not given a warrant for termination of investigation so as not to provide legal certainty. In several respects, the Law on Human Rights Courts and Regulation of the Head of the National Police of the Republic of Indonesian number 12 of 2009 concerning the supervision and control of handling criminal cases within the Indonesian police has regulated the period of investigation. The Human Rights Court Law cannot be applied in all criminal acts in Indonesian but only specifically can be applied in gross human rights violations, while the head of the Indonesian republic's police regulations do not clearly stipulate how long the extension can be carried out and the regulations above apply only in space scope of the police, while Officials of Civil Servants are also included in the investigator. And these regulations are not included in the hierarchy of laws and regulations in Indonesian.

The Influence of Justinian on American Common Law Property

The civil law’s impact on American law property may not at first be readily apparent. Civil law property and common law property are structured very differently. How things are classified, be they, for example, movable or immovable, corporeal or incorporeal, is of great import in the civil law; the common law focuses far less on the classification of things. The civil law has a firm, if not restrictive, concept of what constitutes a property right, whereas in the common law, property rights are much more fluid. The civil law has a finite set of rights that are included in ownership, namely the rights of usus, fructus, and abusus. The bundle of sticks that may make up an individual’s interest in property in the common law is, it seems, ever morphing. The very notion that an individual can own property is theoretically foreign to the common law, whereas ownership is a bedrock of civil law property. Civil law property and common law property are unquestionably very different, and yet, they are also very similar. Doctrinally, much of common law property stems directly from the civil law and, specifically, from the father of the civil law himself, Justinian. This essay explores how Justinian’s work influenced a number of common law property doctrines including the rule of capture, riparian rights, servitudes, and the doctrine of waste, to name a few.

”Urfolk” og ”mangfold” i skolens læreplaner

Since 1974, the curriculum for the Norwegian school has had a overarching part that puts the school and its content into a bigger social and political context. As such, this part of the curriculum is a highly political and ideological text that expresses the state's purpose and interest related to the school. This article looks into how indigenous people, minorities and diversity is represented in the general part of the curriculum from 1974 to 2017. The changing curricula show changes in the official politics and views on diversity. Through an analysis of the curricula we explore which terms and concepts that are used in the description of people and groups in Norwegian society. We focus primarily on the representation of the Sami, who move from being people in "mixed language districts" with limited rights, via being an "ethnic minority", to being an indigenous people with a set of rights. Further, we look into how the diverse society is represented, from the use of "alien workers", via "immigrants", to just "diversity". We argue that the concepts or strategies of politics of recognition and politics of integration respectively can be used to describe the curricula. Norway's educational policy towards minorities and indigenous people seems to exist between these two. In the end, this leave diversity competence as an important concept in the future Norwegian school.

The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia

This paper explores the nature of cross-fertilization between international criminal law and human rights law. It is argued that international criminal justice does not only ‘borrow’ from the discipline of human rights law when defining substance and procedure but also generates its own unique set of rights and obligations. They stem from the variety of objectives pursued by international criminal law, including retribution, deterrence, reconciliation, setting the historical record and justice for victims. Different goals produce different societal and individual expectations, which are collectively captured by the emerging sui generis right to justice widely promoted by international criminal law. The paper uses for its analysis the case study of Colombia – a country under the preliminary examination of the International Criminal Court since 2004 and currently implementing the peace deal aimed at ending protracted civil war in the country. This case illustrates how international criminal law values enshrined in the Rome Statute trickle down to the specific situation and merge with the goals of transitional justice and the logic of human rights.

A novel framework for rural homestead land transfer under collective ownership in China

Rapid urbanization in China has triggered the mass migration of rural populations to cities, resulting in a shortage of urban land and inefficient use of rural homestead land (RHL). To address these issues, there is increasing interest in allowing for RHL transfer. Although several transfer modes have been implemented in pilot areas, the long-term protection of farmers’ interests has been largely neglected. One-off transfer compensation and forced transfer often occur in practice, and there is no collective profit sharing. This paper explores the advantages and disadvantages of the extant transfer modes using comparative analysis. We propose a novel RHL transfer system under collective ownership, and three highly related key aspects add layers of protection: the separation of three sets of rights (ownership, tenure, and membership), the separation of land value from the value of accessory buildings and durable goods, and profit sharing among the collective members. The advantages of the proposal are summarized as follows: (1) it provides long-term protection for farmers’ interests based on membership in the collective; (2) endows the collective with actual rights of self-governance and collective autonomy; and (3) decreases institutional costs and reform risks and improves land-use efficiency of RHL. The implications of the proposal regarding topics of concern are also discussed. This study offers a clear direction for RHL transfer and increases the understanding of the essence of the collective ownership of RHL and relationships among farmers, collectives, and governments during RHL transfer.

FALÊNCIA DO ESTADO DEMOCRÁTICO DE DIREITO BRASILEIRO!?

O Estado Democrático de Direito é o garante e efetivador de um conjunto de direitos tidos como fundamentais que devem ser assegurados à população. Assim, os membros da sociedade eleitos pelo povo tem o dever de zelar pela aplicação da Constituição Federal de 1988 e seus preceitos na prática. Todavia, o que se nota é uma cizânia entre o que se prevê no plano teórico e o que se processa na prática, pois, no cotidiano o Estado brasileiro nem consegue efetivar os direitos fundamentais e, tampouco, consegue dirimir os conflitos entre os membros da sociedade quando há colidência de direitos, ou a prática de intolerância, abusos e derivados. Assim, faremos um estudo a fim de verificar se o Estado Democrático de Direito passa por uma crise institucional que culminou com sua própria falência, ou se a sociedade se encontra bem atendida.

Race and the Empire-state: Puerto Ricans’ Unequal U.S. Citizenship

Contemporary theorizing regarding citizenship emphasizes the legal and social significance of citizenship status. Citizenship awards individuals a formal status and exclusive rights while also granting them membership into a national community. This study investigates tenets of liberal citizenship by examining the meaning of U.S. citizenship for Puerto Ricans. Drawing on 98 in-depth interviews with Puerto Ricans in Orlando, Florida, this study finds incongruences between theoretical understandings of citizenship and the experience of citizenship on the ground. Specifically, respondents define U.S. citizenship as a formal status and a set of rights; however, they express that their U.S. citizen status does not grant them membership into the American community. This study captures incompatibilities between legal and social dimensions of citizenship. I argue Puerto Ricans’ understandings of and experiences with U.S. citizenship stem from (1) the state’s marking Puerto Rico (as a place) and Puerto Ricans (as a people) as different and inferior and (2) racialization processes that conflate Latino with foreign and racial other. I advance the argument here that Puerto Ricans have a colonial/racialized citizenship constituted by unequal citizen status, differentiated citizen rights, and exclusion from the American national imaginary. As such, this study highlights the stratified structure of the institution of U.S. citizenship.

A comparative overview of European, US and South African constitutional property law

Traditionally, there is a distinction between private law property law and constitutional property law. Private-law property law concerns itself with the relations between two private parties in respect to an object or thing. This area of law has, depending on the type of legal tradition, been in development since Roman times (civil law) or since the battle of Hastings in 1066 (common law). Its principles and doctrine are aimed at facilitating trade between private individuals, the recognition of a limited set of rights with property (third party) effect, and rules on the creation, transfer and destruction of those rights. Constitutional law adds a dimension to property law that is mostly neglected by private-law property lawyers. Textbooks of property law, especially in European countries do not deal or only make mention of the existence of a constitutional dimension. Constitutional law and its influence on the law of property deserves a central place in any comparative study on the law of property. However, private-law property scholars, of course with the exception of some, often do not take knowledge of the constitutional dimension. This contribution is a descriptive contribution and seeks to show some of the basic aspects of constitutional property law. Keywords: Constitutional Property Law; Takings, Expropriation, 5th Amendment, A1P1, EU Constitutional Property Law.

Conflict Between Private Rights and Public Interest in Intellectual Property Rights Law

Intellectual properties are the innovations which are created in the minds of the human beings. The creators or the innovators of these new creations are awarded with exclusive rights in order to encourage their effort. Intellectual property rights law grants the creator or the inventor of the intellectual property a monopoly to be exercised over the particular intellectual property, as a reward for his intellect. On the other hand, the monopoly which the innovator exercises may influence the public interest in a negative way. For example, when a person who invents a medicine for a disease obtains patent protection for his innovation, he gets a monopoly or an exclusive set of rights for its exploitation. As a result, he can set a high price for the medicine. This can negatively affect general public who are in need of the medicine, but cannot afford to buy it. Here comes the conflict between the public interest and the private rights of the innovator which was created by granting intellectual property rights.

(Prevention Mechanisms of Inter-Ethnic Tensions in the Context of Migratory Population Growth)

Russian Abstract: Настоящее исследование сфокусировано на контекстной верификации теории этнокультурной справедливости, cформировавшейся в рамках процедурного либерального плюрализма, – ее апробации на конкретных примерах Северной Америки, Западной и Восточной Европы, а также России. Указанная теория базируется на возможности совмещения индивидуальных прав с коллективными правами меньшинств. При таком подходе межэтнические отношения рассматриваются, в первую очередь, как феномен публичной сферы, в рамках которой те или иные группы требуют от государства признания их права на идентичность. От наличия подобного признания зависит набор прав и институциональных возможностей, которыми располагает то или иное сообщество. Авторы рассматривают государство в качестве центрального субъекта межэтнических отношений, опосредующего взаимодействие между теми или иными этнокультурными объединениями. Государство – единственный актор, обладающий легитимным правом фреймировать те или иные взаимодействия как «межэтнические», а, следовательно, в его отсутствие мы имеем дело с частными явлениями. Изучая различные примеры, авторы исследуют механизмы предоставления прав автохтонным (национальным) и аллохтонным (иммигрантским) сообществам, их адаптацию к доминирующей социетальной культуре. Особое внимание уделяется процессам интеграции второго поколения иммигрантов – как потенциально наиболее уязвимой с точки зрения потенциальной радикализации группе населения. В работе демонстрируется первостепенная значимость образовательных механизмов в деле интеграции и адаптации мигрантов. Помимо этого, авторы показывают, что проблематика защиты прав меньшинств вышла за пределы компетенции отдельно взятых государств. В исследовании выявляется роль международных организаций, в том числе, МНПО в указанной сфере. Наконец, авторы обнаруживают отличительные черты восточноевропейских обществ в контексте проявлений ксенофобии, что в известном смысле затрудняет применение подходов Уила Кимлики и других представителей либерального эгалитаризма. Тем не менее часть положений теории Кимлики представляется релевантной российскому контексту в связи с выработкой политики интеграции иммигрантов. English Abstract: This study focuses on the contextual verification of the theory of ethno-cultural justice, formed in the framework of procedural liberal pluralism - its testing on specific examples of North America, Western and Eastern Europe, and Russia. This theory is based on the possibility of combining individual rights with collective rights of minorities. With this approach, interethnic relations are considered, first of all, as a phenomenon of the public sphere, within which certain groups demand from the state to recognize their right to identity. The set of rights and institutional capacities which certain communities dispose directly depends from such a recognition. The authors consider the state as the central player in interethnic relations, while it mediates the interaction between different ethno-cultural associations. The state is the only actor that has the legitimate right to frame certain interactions as interethnic. In the absence of the state we are dealing with private phenomena. Studying various cases, the authors explore the mechanisms for granting rights to autochthonous (national) and allochthonous (immigrant) communities, their adaptation to the dominant societal culture. Particular attention is paid to the integration of the second generation of immigrants - as potentially the most vulnerable group (from the point of view of potential radicalization). The study demonstrates the paramount importance of educational mechanisms in the processes of integration and adaptation of migrants. In addition, the authors claim that the problem of protecting the rights of minorities goes far beyond the competence of individual countries. The study identifies the role of international organizations, including INGOs in this area. Finally, the authors reveal the distinctive features of Eastern European societies in the context of xenophobic manifestations, which in a way makes it difficult to apply the approaches of Will Kymlicka and other representatives of liberal egalitarianism. Nevertheless, some of the provisions of Kymlicka's theory seem to be relevant to the Russian context in connection with the development of a policy of the integration of immigrants.

Patenting Medical Products

The new creations and innovations which are formulated in the minds of the human minds are recognized as a mode of an intangible property which, people can enjoy a specific set of rights over them. These are called 'intellectual property' as it is attached with the intellect of the people. There are many form of intellectual property which has been granted to the people who are interested in creating and innovating new things. 'Patent is an intellectual property right which protects the innovators' and inventors' rights over new creations or inventions. 'Patenting medical products' have become one of the debated area in the field of Intellectual Property Rights Law, as some people advocate the same while some object. The appropriateness of granting patent rights over medical products will be discussed in this essay.

HAK ASASI MANUSIA PERSPEKTIF AGAMA KRISTEN

Human rights is a set of rights attached to the nature and existence of human beings as God's omnipresent beings and is a gift that must be respected, upheld and protected by the state law, government, and every other person for the honor and protection of human dignity and prestige. Human rights, especially Christians have been protected by the 1945 Constitution and have several rights that can guarantee the welfare of those rights: Freedom rights, democratic rights, and social rights that are also contained in the Constitution 1945

Human Rights, Modernity, and Milton’s Areopagitica

Some of the founding documents of our modern human rights culture assert that, by virtue of natural law, the will of God, the will of a Supreme Being, or some kind of natural world order, all humans have a right to civil liberties. In Areopagitica (1644), Milton rejects this way of grounding the claim to civil liberties. Instead, he argues for civil liberties on pragmatic grounds, but also on the premise that members of political societies are entitled to civil liberties from their governors only insofar as those members are rational and virtuous. His argument for civil liberties is also grounded in the view that the proper function of government includes propagating virtue in those it governs, assessing their rationality and moral virtue, and extending civil liberties to them in accordance with this assessment. Arguing in this way, Milton opposes the notion that, simply by virtue of being human, all members of political societies have a specific set of rights which their governments, and indeed all other people on earth, are bound to respect. He thus has more in common with Isocrates and Renaissance humanists than he does with the defenders of our modern human rights culture.

Droits de l’homme, droits de Dieu : Une inévitable tension ?

The conflicts between rights of God and human rights are on the rise. On the one hand, there are some rights that are qualified as human rights in the most important international conventions and in many national constitutions. As such, they are to be respected always and everywhere. On the other hand, there are rights that are directly or indirectly attributed to the will of God. Their respect is regarded as a religious obligation to be upheld even when it implies the violation of human rights. These are the terms of the conflict and the fact that they sink their roots in non-negotiable beliefs – rights related to the very nature of man vs. rights dependent on the will of God–makes this conflict particularly serious and complex. This article discusses the structural and historical causes of this conflict and proposes a few strategies to reduce the tensions between these two sets of rights.

Being and Owning: The Body, Bodily Material, and the Law by Jesse Wall

Reviewed by: Being and Owning: The Body, Bodily Material, and the Law by Jesse Wall Sean Aas Jesse Wall, Being and Owning: The Body, Bodily Material, and the Law, Oxford University Press, 2015 Jesse Wall's Being and Owning: The Body, Bodily Material, and the Law addresses the legal status of 'bodily material'; items which used to be, but are no longer, part of a living human organism: especially, 'separated' materials like gametes or tissue samples, and (to a lesser extent) cadavers and other mortal remains. Wall's discussion, however, ranges widely across jurisprudential and philosophical issues concerning our relation to our bodies and our rights in them. His central, plausible contention is that body rights, though a kind of ownership right, need not and often should not be protected by property law. Rather, in many cases, rights in body parts should be protected by a legal regime that more closely resembles that governing our rights over confidential information. Wall proceeds by drawing our attention to a number of interlinked distinctions. First, and most helpfully, Wall goes to great pains to distinguish ownership as a generic right to exclude, from property as a particular sort of legal regime for specifying and protecting that right. On [End Page E-13] the dominant Honorean view, to have property is to have a relation to a thing with some, but perhaps not all, of a set of legal features or incidences; including: rights to exclude, rights to use, rights to profit; certain sorts of remedies if these rights are violated, responsibilities when they are not, and so forth. (Honore 1961) Whatever it takes for a set of rights to have 'enough' of these features to count as a kind of property right, it is plausible that the broader set of rights with some smaller (but non-zero) number of these features constitutes a morally interesting category as well. This thinner sort of 'ownership' is interesting, not least, because it may be where we should slot in rights in body parts and bodily materials, if (like Wall and many others) we are uncomfortable regarding our moral and legal relation with our bodies entirely on the model of our relation with our ordinary property. There is, then, something promising about Wall's general strategy. However, the way he executes it is puzzling, in places. Property, Wall argues, is appropriate only for protecting rights that are in a certain sense contingent, rather than necessary, with respect to the rights-holder. Ultimately he explicates this contingency in terms of the thought that entitlements in property are essentially those that "enable […] choices and preferences that can exist independently of the rights-holder" (126). This criteria, however, is hard to understand. Can any of my choices and preferences exist independently of me? It is hard to see how; if I did not exist I could not prefer or choose anything. Perhaps the idea, instead, is that only the content of my preferences that must be in some sense independent of me; so that property rights are those that protect preferences that are not self-regarding. That distinction makes more sense, but it does not seem to mark a difference relevant to the demarcation of property rights from other sorts of rights. To borrow Wall's own example, against his purposes: the preference protected by a wine-collector's property in his wine is, precisely, his preference that he and not others have that wine in his collection. Still, Wall does seem to be on to something that is intuitively right here: going back to Kant, the thought that there is something distinctively 'contingent' about property rights has seemed like a promising one. Perhaps, then, these are mere problems of formulation. Less promising, it seems to me, is the substantive principle Wall offers for determining when our rights in our bodily materials are 'contingent', and thus suitable subjects for propertization. Here Wall takes us back to the basis of our rights in our ordinary, attached body parts. He builds here on the [End Page E-14] fashionable thought that our experience of the world or 'subjectivity' is necessarily embodied, drawing on work by Maurice Merleau-Ponty to distinguish the phenomenological...

A Comparative Overview of European, US and South African Constitutional Property Law

Traditionally, there is a distinction between private law property law and constitutional property law. Private-law property law concerns itself with the relations between two private parties in respect to an object or thing. This area of law has, depending on the type of legal tradition, been in development since Roman times (civil law) or since the battle of Hastings in 1066 (common law). Its principles and doctrine are aimed at facilitating trade between private individuals, the recognition of a limited set of rights with property (third party) effect, and rules on the creation, transfer and destruction of those rights. Constitutional law adds a dimension to property law that is mostly neglected by private-law property lawyers. Textbooks of property law, especially in European countries do not deal or only make mention of the existence of a constitutional dimension. Constitutional law and its influence on the law of property deserves a central place in any comparative study on the law of property. However, private-law property scholars, of course with the exception of some, often do not take knowledge of the constitutional dimension. This contribution is a descriptive contribution and seeks to show some of the basic aspects of constitutional property law.

The Problems and Promise of Hierarchy: Voice Rights and the Firm

The firm's continued importance for coordinating economic activity is puzzling given that (1) economists have not demonstrated that the greater alignment of effort they expect from hierarchical coordination overcomes the reduction in employee effort created by 'low-powered' incentives, (2) employee effort is further threatened by the alienating effects of hierarchical control, and (3) firms, as we show, are necessarily hierarchical. Why, then, do firms dominate the capitalist economy? Our theory is rooted in a more subtle set of rights that is also intrinsic to the firm hierarchy: 'voice rights' (who can speak within and on behalf of the firm). Control of voice is crucial for endowing the firm with a capacity that cannot be acquired by a mere 'nexus' of contractors: it can become a reliable and accountable actor. This, in turn, gives the firm three necessary (if insufficient) ingredients for creating strong identification with the collective enterprise. Our theory thus suggests why firms remain important despite their inherent limitations and why some firms are marked by alienation and perfunctory performance while others are marked by strong identification and consummate performance.

The Sociology of Human Rights: An Introduction by Mark Frezzo

Reviewed by: The Sociology of Human Rights: An Introduction by Mark Frezzo Alex Workman (bio) and Tinashe Dune (bio) Mark Frezzo, The Sociology of Human Rights: An Introduction (Polity Press, 2015), ISBN 978–0–7456–6011–0, 192 pages. The Sociology of Human Rights: An Introduction offers an alternative perspective to the traditional approaches and understanding from the growing complexities of human rights as a field of study. As such, this book is well situated to help transform this field. Within each chapter, [End Page 1054] Mark Frezzo provides a comprehensive discussion of the many dimensions related to human rights. In addition, Frezzo suggests that, until recently, sociology and human rights have not been investigated together. Due to the growing complexities and challenges facing the world, Frezzo insists that it is important to place the study of human rights within a sociological framework. For example, though human rights belong to every person, the equal distribution of rights is not always plausible. Frezzo claims that a sociological investigation of this type of problem will create new knowledge in regards to the utility and deployment of human rights. Additionally, Frezzo further claims that if human rights are to be maintained on a global scale, a globally binding framework for human rights can exist. That said, cultural pluralism protects the worlds many cultures, and human rights must consider the dichotomy between western and non-western, and secular and non-secular. Notably, this field of study, (being the sociology of human rights) as described by Frezzo, uses a pluralistic framework drawing on various theoretical and methodological underpinnings to explore human rights from diverse sociological perspectives. Frezzo postulates that both quantitative and qualitative methodologies can be utilized to effectively engage with this new school of thought.1 Therefore, the overall structure of this book review will follow the logical sequence as outlined within The Sociology of Human Rights: An Introduction. This book is rich in detail that is achieved by breaking down broad concepts into their understandable components, and providing an exceptionally thorough terminology section at the end of the book. Furthermore, this book steps away from a traditional approach to human rights, utilizing sociology to both evaluate and critique how human rights are executed and adopted between the global "North" and "South." Chapter One provides a general overview of the book. The historical context of sociology is discussed by highlighting the founding "fathers": Emile Durkheim, Karl Marx, and Max Weber. This chapter also gives a detailed contextual framework for each of the subsequent chapters by briefly discussing the historical origins of each topic, as well as how they can be viewed through a sociological lens. Chapter Two explores and critiques how human rights have been compounded into similar categories, such as negative (i.e., governmental overreach; or as mandatory sentencing for first-time offenders) and positive (i.e., services to which citizens are entitled), individual and collective, and generational; where the first generation of rights are civil and political, the second are economic and social, and the third and most recent are collective, cultural, and environmental rights. Frezzo refers to this classification system as the three-genreations framework and highlights both similarities and differences between these categories.2 Collective and individual human rights are critiqued as Frezzo points out how conflicting ideologies between nation-states and cultures become problematic. With regards to rights claims, Frezzo discusses how such claims both benefit and hinder individuals, and also vary drastically from one nation-state and cultural context to another depending on the priorities of dominant groups. For example, a cultural group may be hindered [End Page 1055] when a sovereign nation-state promotes a set of rights which privilege one culture over another.3 Frezzo uses examples to show how discrepancies between the implementation of human rights and the sovereign nation-state create complex systems in which human rights become selectively applied, with some people's rights being expanded, contracted, or even abolished entirely. In Chapter Three, Frezzo discusses the ways that the civil and political rights enshrined by documents generated during the European Enlightenment are "significant not only as ends-in-themselves, but as means to further ends."4 Frezzo considers these civil and political...

Reproductive Health Rights: A Case Study in India

Reproductive rights are seen as dynamic rights that can vary according to the evolution of the society. Although the World Health Organization gives a standard definition to explain this set of rights, there is still scope for wider interpretation of terms “mental, social and physical well being”. This paper, therefore, attempts to understand and interpret the scope via a list certain factors or indicators that could be applied to determine the standard of reproductive health in a country. The indicators for this paper have been attempted to be chosen in such a way that all the intricate factors are also accounted for under the broad headings. The paper also aims to apply these indicators on the availability of reproductive rights and its standards as given to women in India through various reports and case studies. This analysis will not only reveal the status of these rights in practice but also reveal one of the main reasons for the non-availability i.e. poverty and lack of access. The paper, in its final portion, concludes by recommending the state to enhance their policies with respect to these rights in order to ensure better health for not only improving the health of women, but to also improve the health of infants and men who are directly or indirectly affected by the same.