Strict Observance Research Articles

ՕՐԻՆԱԿԱՆՈՒԹՅԱՆ ՍԿԶԲՈՒՆՔԸ ԵՎ «ԴԱՏԱՎՈՐԸ ԵՆԹԱԿԱ Է ՕՐԵՆՔԻՆ» ԴՐՈՒՅԹԸ CONTRA LEGEM ԻՐԱՎՈՒՆՔԻ ԶԱՐԳԱՑՄԱՆ ԴՈԿՏՐԻՆԻ ՀԱՄԱՏԵՔՍՏՈՒՄ / THE PRINCIPLE OF LEGALITY AND THE PROVISION “THE JUDGE OBEYS THE LAW” IN THE CONTEXT OF THE CONTRA LEGEM LAW DEVELOPMENT DOCTRINE

The relationships between the contra legem law development doctrine, the principle of legality, and the provision “the judge obeys the law” are discussed in this article. By analyzing the principle of legality from the point of view of the maxim “let justice be done, even if the world perish”, the author concludes that strict compliance with the requirements of the law (legality) is not an end, but a means. If strict observance of the principle of legality can be destructive for society, then an exception must be made from the principle of legality and it must be said: “Let the law lose so that the world will not perish”. All principles of law, including the principle of legality, have exceptions. The contra legem law development doctrine is the only permissible exception to the principle of legality and the provision “the judge obeys the law”. A post-Soviet judge may assess the blatant illogicality or injustice of legislative regulation based on the contra legem law development doctrine by the formula of a “fourteen-year-old child”, and the standards thereof are so low that the judge will be saved from possible political “aggression”.

ИНФЕКЦИЯ, ВЫЗВАННАЯ MYCOPLASMA HYOPNEUMONIAE, У СВИНЕЙ

Mycoplasmosis of pigs ‒ causes a disease of serious and medium severity. It has a multifactorial character. Within the species, M.hyopneumoniae, there are many different strains. Different strains of M.hyopneumoniae can live in the same animal at the same time. The most common mixed respiratory tract infections. Mycoplasmosis are registered everywhere. In nature, the pathogen constantly circulates in wild boars. Associated with them is the prevalence of infection. To prevent mycoplasmosis, it is necessary to observe sanitary and hygienic rules, quarantine measures for new animals on the farm and vaccination. It is possible to free a pig farm from mycoplasmosis. This requires strict observance of hygienic requirements, quarantine and vaccination of all pigs.

Сравнительная характеристика физического развития учащихся кадетских и общеобразовательных учреждений

INTRODUCTION: Currently, the problem of the influence of the education conditions on the health of the child population is relevant in view of the existence of numerous forms of education and upbringing. AIM: To perform a comparative assessment of the parameters of physical development of children studying in different types of educational organizations. MATERIALS AND METHODS: The article presents the results of studies of the physical development of children and adolescents studying in the Cossack cadet corps and in a secondary school of Astrakhan. The study involved children and adolescents of male sex aged 10–17 years. As the main parameters, standard anthropometric and physiometric parameters determined by standard methods, were used. A peculiarity of studying in the Cossack corps is a round-the-clock stay in the school territory, a strict observance of work and rest schedule, regular physical activity and rational diet appropriate to the age. RESULTS: The data obtained indicate a higher physical development of cadets in comparison with schoolchildren. However, the anthropometric parameters of the school pupils corresponded to the average age-related values. Among the cadets of the Cossack corps, here were no children with overweight, and a lower amount of children with deficit of body mass in comparison with schoolchildren. Parameters of lung capacity and dynamometry were reliably higher among cadets, which indicates their better physical fitness. CONCLUSION: Evaluation of physical development of children studying in different conditions shows a positive influence of the conditions of the cadet corps on the harmonious development of children and on their physical fitness. The regular sports activity, daily routine, proper diet create the basics for healthy lifestyle and motivation of children and adolescents to preserve their health in the future.

Механізми формування волі у дошкільників із порушеннями опорно-рухового апарату засобами плавання

The article provides an analysis of literature on the use of adaptive physical education in the correction of emotional and volitional sphere of children with special educational needs. On the basis of this analysis and many years of personal practical experience in the pool with children of this category, the author has developed and presented a mechanism for correcting the volitional manifestations of preschool children with musculoskeletal disorders. It consists of the following elements: children's adaptation to the water environment; contact of the child's face (eyes) with water; dosed breath holding in water; partial and full immersion in water with head; exhalation into water (normal and prolonged); opening eyes under water; keeping on water; independent swimming of the child without touching the bottom of the pool; performing jumps into the water from the rise in different ways with strict observance of all safety rules; dosed dramatization of the motor-game plot of the lesson. Pedagogical observations and questionnaires of specialists and parents of children proved a noticeable improvement of the volitional sphere of the specified category of children after a two-year stating experiment.

Nirvana of legal life in Ukraine

This article discusses the issue of the state of legal life as a form of being of law, which characterizes the specifics and level of legal development of Ukrainian society, as well as the state and level of legal consciousness, the system of legislation, law enforcement practice, the degree of guarantee of fundamental rights and freedoms of a person. The main features of legal life and its directions, one of which is associated with the organization of social ties, and the other - with their disorganization. It is stated that legal life can be considered both at the level of society and at its individual components, individuals. It is differentiated according to the spatial principle (the legal life of the state, its individual territories), temporal (the legal life of modern society and past legal eras); by the level of legal development of society (life of legal and non-legal society, with a totalitarian heritage) and so on.. At the same time, a kind of “visiting card” of legal life is legal acts in which legal existence is expressed, in which law lives. It is legal acts that are an important means to meet the interests of all subjects. Therefore, the legal life of any society and state can be revealed by studying the nature of legal documents by which the persons concerned achieve their goals and satisfy their specific interests. A brief digression into the content of the concept of “nirvana”, as a subject of Buddhist philosophy, correlated with such a modern term as the term “legal life” is made. In a bilateral relationship with the corresponding content, their subject and concept, they can form such a new term, which is the term “ legal life nirvana ”. Under this term, it is proposed to understand such a state of functioning of a person, society, state, in which the proper operation of the principles of law, strict observance, execution and application of the rule of law, as the main mechanism for regulating social relations, is ensured. This helps to ensure the proper functioning of public life in accordance with the principles of law, which is a kind of litmus of the state of everything that is positive, available in the legal life of a person, society and the state, that is, an indicator of the positive component of the “legal life” in the state, and the negative component is an indicator of the deformation of nirvana. Thus, this is an indicator of high achievements (results) of the introduction of the rule of law into the daily life of society; it is a corresponding positive result of said implementation; it is an assessment of the proper respect for the law and its observance in society; this is a high level of legal consciousness of citizens; this is a high level of legal culture in the state. The modern legal life in Ukraine is revealed, which is characterized by a deep contradiction, and which, along with the corresponding level of legal culture and legal awareness of citizens, is filled with antagonistic tendencies, i.e. legal life exists with certain shortcomings. This is manifested in the rule-making activities of public authorities, decision-making by subjects of public and private law, in the actions of individual officials and citizens, that is, in the process of manifestations of banal legal nihilism. Examples of the manifestation of legal nihilism in the activities of public authorities, especially its highest bodies, are given. Conclusions have been drawn up with specific proposals to ensure the proper functioning of the “ legal life nirvana” in Ukraine.

Applying Lucentis for the treatment of retinopathy of prematurity

Purpose: to evaluate the efficacy of Lucentis for the treatment of retinopathy of prematurity (ROP). Material and methods. 51 infants (102 eyes) with the gestational age between 24 and 33 weeks were given intravitreal injections of Lucentis, All patients selected had ROP stages I+, II+, III or III+ in zone 1, stage III+ in zone 2, or aggressive posterior ROP. The procedure was performed under general anesthesia; the dose, technique and the number of Lucentis injections conformed with the recommendations given in Lucentis instruction for use. If indicated, retinal laser photocoagulation was given after intravitreal injections using Supra (Quantel Medical, France) and Lachta-Mylon (Russia, Lasermedservis) laser equipment. Results. Clinical efficacy of intravitreal administration of Ranibizumab in infants with aggressive posterior ROP, zone 1 ROP, Stage III of zone 2 ROP was determined at 86.3 % (with no more than two injections). If ROP remains active after two injections, a change of therapy is recommended. Vascularization was noted to be complete in 51 % of cases. Conclusion. To achieve a maximum treatment effect of ROP with Lucentis, strict observation of indications criteria must take place.

Reasserting the Principle of Legality in the Wake of the COVID-19 Pandemic: A Case Note on the Decision U-I-79/21 of the Constitutional Court of the Republic of Slovenia

In a response to the COVID-19 pandemic, the Slovenian Government adopted numerous measures that were substantively similar to those, adopted in other states. The scope and intensity of those measures significantly affected the principle of the separation of powers and the protection of human rights. In this context, the Constitutional Court of the Republic of Slovenia adopted Decision U-I-79/21, which marked the contours for the review of legality and constitutionality of the Governmental measures in subsequent cases. The key message of the Decision was the demand for the strict observance of the principle of legality when adopting measures to prevent the spread of COVID-19, which interfere with human rights. This article explains the context of the Decision and presents key arguments from the Decision and the concurring and dissenting opinions as well as the response of the expert community.

ОСОБЛИВОСТІ СКЛАДУ ТА ОСНОВНИХ ОЗНАК ЗЕМЕЛЬ АВТОМОБІЛЬНОГО ТРАНСПОРТУ ТА ДОРОЖНЬОГО ГОСПОДАРСТВА

In the theory of land law, lands of industry, transport, communications, defense and other purposes, have a unifying, common name for all - these are the so-called non-agricultural lands. The existence of such a separate name is due primarily to the fact that these lands are not used as a means of production, in contrast to agricultural lands, but as a spatial (territorial) basis, location of certain infrastructure (industrial, transport, defense, etc.). That is, the main feature of such lands is that they are not used for agricultural purposes. Another feature (feature) of transport lands is that the subjects of the right to use them are mainly state-owned enterprises and organizations. It should be emphasized that today transport is still a predominant area of state activity. One of the features of this category of land should also include the fact that there is a sectoral principle of management. Public authorities have the right to demand from departmental bodies impeccable and strict observance of the rules of land use (property rights). They are also obliged to assist land users (landowners) in exercising their rights, to monitor the fulfillment of responsibilities in the field of land use and protection. Therefore, the analysis of the current composition of the lands of road transport and road management is carried out. The peculiarities of the structure of these lands and their use are established. Problems of rational, efficient land use along highways are identified. Prospects for the use of lands of road transport and road management are reflected. When designing a highway, it is important to provide land resources for the entire road infrastructure. Thus, for the construction and further operation of highways it is necessary to substantiate the structure of lands of road transport and road management.

"Cathedral" of Catholic Theology

In the third decade of the twenty-first century the “cathedral” of Catholic theology has suffered some structural assaults and the way forward is a contemporary “hot topic”. This paper argues against the idea, common among Catholics of the millennial generation, that we simply need to “reboot” the system to 1959 and restore the framework of “Strict Observance Neo-Scholasticism”. Instead it suggests that attention needs to be given to the structure itself, to issues in fundamental theology, and the relationships or “joints” in the framework of Catholic theology, along the lines recommended by Joseph Ratzinger and others in his theological circle.

Termination of the employment contract for violation of labor discipline on the grounds provided for by special laws

The article states that terminating an employment contract is one of the most effective means of ensuring labor discipline. Disciplinary responsibility can be general or special. Special (official) disciplinary responsibility is provided only for specifically defined categories of employees and is established in statutes, provisions on disciplinary responsibility and special regulatory acts. It is characterized by the presence of a special subject of a disciplinary offense, a special nature of a disciplinary offense, special types of disciplinary penalties, a special procedure for imposing and challenging a disciplinary penalty. That is why the regulation of the responsibility of such employees, and the termination of the employment contract for violation of labor discipline with them, is special. These factors, enshrined in special laws, determine the specificity of the grounds for termination of the employment contract for violation of labor discipline and various procedural forms, and determine the differentiation of disciplinary responsibility. The article analyzes the grounds for terminating an employment contract for violation of labor discipline by civil servants, provided for by the Law of Ukraine "On Civil Service". Official discipline is explained as strict observance of the Oath of a civil servant, conscientious performance of official duties and rules of internal official procedure. Also, for violation of these fundamental principles, the civil servant is subject to disciplinary responsibility, including dismissal. The article examines the procedure for terminating an employment contract for violation of labor discipline with a civil servant, indicates the stages and stages of the procedure for terminating an employment contract. The next category of employees whose employment contracts are terminated for violation of labor discipline on grounds provided for by special laws are prosecutors. Modern legal regulation of the termination of an employment contract for violation of labor discipline with prosecutors is characterized by the implementation of a modern European model, according to which disciplinary proceedings against prosecutors are not carried out by managers alone, but by independent specialized bodies in compliance with a special legally established procedure. This approach makes it possible to comprehensively and impartially consider claims that the prosecutor has committed a disciplinary offense, and to terminate the employment contract with the prosecutor only in the event that the essence of the offense corresponds to the most severe form of disciplinary sanction.

Are religious actors relevant in the prevention of violent extremism?

It is common in public discourse in Europe to draw a direct line between a strict observance of Islam and the jihadi Salafi ideology. Thus, the correlations that may exist between “quietist” Salafism and jihadism are used to justify the surveillance of communities labelled as Salafi. However, the main findings of the research we present in this Nota Internacional on the Muslim communities in the Catalan municipalities of Reus (in the province of Tarragona) and Salt (Girona province) question the use of the Salafi label among scholars and the police. They also reveal the part religious and social actors play in the Muslim community. From this standpoint, we can see how religious actors could perform a major role in prevention of violent extremism (PVE) strategies, not just as potential informants as has been the case in the past, but also as real agents for the implementation of these strategies.

EFFICACY OF ACCELERATED STREPTOKINASE INFUSION IN THE TREATMENT OF ST ELEVATION MYOCARDIAL INFARCTION

Objectives: Cardiovascular disease (CVD) is considered as one of the important priorities in the health systems of all countries. Approximately 550,000 first episodes and 200,000 recurrent episodes of acute myocardial infarction occur annually worldwide. Globally, ischemic heart disease has become the leading contributor to the burden of disease as assessed on the basis of disability-adjusted life-years. To determine the efficacy of accelerated streptokinase in patients with acute ST elevation myocardial infarction.
 Methodology: This Descriptive study was done in the Department of Cardiology, Hayatabad Medical Complex Peshawar from August 2020 to February 2021. Total 144 patients were observed. All patients were subjected to SK in a dose of 1.5million units over 60 minutes. All patients were under strict observation and a repeat ECG was performed to determine the efficacy of accelerated SK.
 Results: Our study shows that among 144 patients mean age and standard deviation was 61± 8.19. 88(61%) patients were male and 56(39%) patients were female. More over accelerated streptokinase was effective in 92(64%) patients and was not effective in 52(36%) patients.
 Conclusion: The accelerated SK infusion regimen of 1.5 MU in 20 min is safe and well tolerated with significantly faster and higher clinical reperfusion rates, more preserved LV systolic function, less atrial and ventricular sustained arrhythmias, and less in-hospital and 1 year mortality rates in acute STEMI.

Western corn rootworm Diabrotica virgifera virgifera LeConte – is a dangerous quarantine pest (review)

Maize (Zéa máys) is one of the main grain crops in the world, including Russia. One of its most dangerous pests is the western corn rootworm Diabrotica virgifera virgifera LeConte, 1858 (western corn rootworm (wcr)), which is an invasive species in many countries. Therefore, the most important task of researchers involved in the prediction of phytophages and the development of plant protection is to prevent its occurrence in Russia, which includes constant monitoring and quarantine measures. The current study was carried out to overview the literature, revealing the characteristics of biology, the prevalence of the corn rootworm in the world, and to determine effective methods of dealing with it, including methods of biological control. There has been established that over the past 30 years the pest has spread throughout almost all of Europe, and since 2011 it has been registered in Russia. To a large extent, the spread of the rootworm was facilitated by the growing globalization and trade between the countries in the absence of appropriate control measures, as well as high potential fertility and the ability for large flights in the imaginal stage. There has been established that significant damage from diabrotics is explained by the fact that almost all stages of development (imago and larvae of all ages) are harmful in phytophages, damaging almost all organs of the plant. There has been revealed that the most successful is the prediction of the number of D. v. virgifera using pheromone traps, and control measures include the use of various chemical plant protection products and crop rotations. There has been shown that the biomethod against D. v. virgifera is practically not used. The available data allowed us to conclude that it is possible to prevent the spread of the pest in the Russian Federation with strict observance of quarantine measures.

HOLDING SCHOOL OLYMPIADS ON COMPUTER SCIENCE IN PANDEMIC CONDITIONS

The COVID-19 pandemic has changed attitudes to the educational process around the world, including Ukraine. Considering the importance of the Students Olympiad in computer science (CS) for the formation of future IT professionals in Ukraine, it was necessary to quickly develop appropriate approaches and safe formats for all stages of this Olympiad. Based on a survey of organizers, a review of Olympiads in CS in countries such as Azerbaijan, Bulgaria, Armenia, Georgia, Latvia, Lithuania, Moldova, Poland, Croatia, and the Czech Republic was observed, and the format of the World Olympiad in Singapore was analyzed. Based on the analysis conducted and taking into account the importance of strict observance of all competition rules, including integrity and the importance of social contacts of all participants in the Olympic movement, it was decided that only the online format is insufficient and there was developed a safe format for the third and fourth stages of the competition, that includes a combination of in-person, online and mixed formats. Detailed requirements for each of these formats are formulated. Due to a significant increase in the load on the e-olymp server online verification system, the relevant software has been updated. The article provides detailed information on the holding of all four stages of the All-Ukrainian Students Olympiad in CS in a pandemic condition during 2019/2020 and 2020/2021 academic year using established formats and an improved verification system and describes a typical algorithm of the participant's actions. Therefore, new competition rules are detailed and innovative, taking into account unexpected circumstances in the whole world. They were tested and they proved their effectiveness, so they were also used for the finals of the Ukrainian Junior Olympiad in Informatics and the Ukrainian Girls’ Olympiad in Informatics. Since there is uncertainty about the pandemic in Ukraine, the article proposes to apply the proposed rules to hold all future stages of the Olympiad in Informatics during a pandemic at the official level.

Delirium in the context of intensive care medicine-Part 2: diagnosis, prevention and treatment

Despite the high prevalence and the enormous medical and health economic impact, delirium syndromes are often underdiagnosed, which is mainly attributable to the high frequency of hypoactive delirium and to the frequently subtle and fluctuating psychopathology in the initial phase of delirium. These aspects also justify the need for aconsequent and continuous application of standardized screening tools to detect delirium as early as possible. Amultidimensional, nonpharmacological prevention of delirium is effective and still underutilized in the clinical practice. So far, there are no consensus recommendations regarding the pharmacological prevention of delirium. From a therapeutic perspective acausal approach is prioritized. Pharmacological treatment of delirium can only be considered under strict observance of specific indicators. When treating non-withdrawal-related delirium benzodiazepines should be avoided.

Poliomyelitis is a current challenge: long-term sequelae and circulating vaccine-derived poliovirus.

For more than 20years, the World Health Organization Western Pacific Region (WPR) has been polio-free. However, two current challenges are still polio-related. First, around half of poliomyelitis elderly survivors suffer late poliomyelitis sequelae with a substantial impact on daily activities andquality of life, experiencing varying degrees of residual weakness as they age. The post-polio syndrome as well as accelerated aging may be involved. Second, after the worldwide Sabin oral poliovirus (OPV) vaccination, the recent reappearance of strains of vaccine-derived poliovirus (VDPV) circulating in the environment is worrisome and able to persistent person-to-person transmission. Such VDPV strains exhibit atypical genetic characteristics and reversed neurovirulence that can cause paralysis similarly to wild poliovirus, posing a significant obstacle to the elimination of polio. Immunization is essential for preventing paralysis in those who are exposed to the poliovirus. Stress the necessity of maintaining high vaccination rates because declining immunity increases the likelihood of reemergence. If mankind wants to eradicate polio in the near future, measures to raise immunization rates and living conditions in poorer nations are needed, along with strict observation. New oral polio vaccine candidates offer a promissory tool for this goal.

Appropriateness of the modality of revascularization according to the SYNTAX 2020 in the FASTTRACK CABG study

Abstract Objectives To compare the modality of revascularization selected by the local heart team to the one recommended by the core laboratory according to the SYNTAX score 2020 amongst patients with three-vessel disease (3VD) with or without left main disease (LMCAD), who were allocated to CABG planned and solely guided by coronary computerized tomographic angiography in the FASTTRACK CABG trial. Background Personalized long term vital prognosis plays a key role in deciding between PCI and coronary artery bypass grafting (CABG) in patients with complex coronary artery disease. Methods In an interim analysis requested by the Data Safety Monitoring Board the treatment recommendations according to the SYNTAX 2020 were prospectively assessed in 57 consecutive patients (half of the planned population in this First in Man) by a core laboratory and compared to the decision of the “on site” heart team. Results According to SS-2020, the predicted absolute risk difference (ARD) in mortality between the virtual PCI treatment population and the CABG treatment group, which can be considered a virtual surrogate for the average treatment effect, increased with the duration of follow up, from 4.8±3.5% at 5 years to 8.8±5.1% at 10 years (Table 1). The ARD of less than 0% in mortality at 5-year in favour of PCI was only documented in two patients while the 55 remaining patients had a predicted survival benefit over PCI if receiving CABG. However, based on a novel threshold of equipoise (ARD <4.5%) recently validated in a contemporary registry of 3VD and LMCAD, CABG was mandatory in 26 (45.6%) patients, whereas PCI or CABG could have been equally selected in 31 (54.4%) patients (Figure 1). Conclusions According to the SYNTAX Score 2020 there was a strict observance of the CABG treatment recommendation in the first 57 consecutive patients with 3VD or LMCAD, screened on site in the FAST TRACK CABG trial. The more lenient selection criteria derived from the contemporary regitry will have to be tested propectively. Application of artificial intelligence with expanded collection of baseline characteristics, scientific endorsement and regulatory enforcement as well as further prospective evaluation are the challenges of future decision-making scores, that should be ultimately shared with the patients. Funding Acknowledgement Type of funding sources: None.

An Assessment of Compliance with Infection Control Protocols amongst Dental Health Care Personnel in a Tertiary Health Facility in Southern Nigeria.

Dental practitioners are at a very high risk of cross infection due to multiple exposures with patients who may be asymptomatic carriers of infectious diseases. The study focused on Dental Health Care Personnel who are presently working in the Dental Centre of the University of Benin Teaching Hospital (UBTH) and it assessed the compliance to infection control practices. A self-administered questionnaire containing closed and open-ended questions was used. Information sought included; socio-demographic characteristics of respondents, duration as DHCP, knowledge of transmissible infections in dental clinics, level of compliance with infection control protocols and reasons for non-compliance. One hundred and thirty-five (135) Dental Health Care Personnel of the University of Benin Teaching Hospital were enrolled for this study. However, a total of one hundred and eleven questionnaires were properly filled and returned for analysis, giving a response rate of 82.2%. Fifty-two (46.8%) respondents, had good compliance, twelve (10.8%), had fair compliance and forty-seven (42.3%) had poor level of compliance. Although, the average level of compliance of the DHCP of UBTH was good, some basic important principles were not being observed. The study concludes in the affirmative that strict observance of standard infection control practices is possible.

Rapid anisotropic chemical etching for quick formation of novel octagonal pyramids on silicon surface for photovoltaics

A novel octagonal micro pyramid structure was formed by etching a monocrystalline silicon wafer (100) by employing a wet chemical anisotropic etching process. The main objective is to reduce the silicon wafer's front surface reflectance, improve surface morphology, enhance wettability, and increase the coverage area of the octagonal pyramids on the surface of silicon wafers. The reaction time of the etching process was kept precise under strict observation and control. The experimental results demonstrate a significant reduction in silicon wafers' optical surface reflectance, achieving the lowest reflectance of 8.87%, along with improved surface morphology, periodicity, and coverage of more than 88%. While adding hydrofluoric acid together with magnetic stirring (mechanical agitation) at 300 rpm was advantageous in forming the octagonal silicon pyramid with a high etch rate of 0.41 um/min and significantly reducing the reaction time.

CONSTITUTIONAL CHALLENGES TO SCHOOL RULES*

The following four court applications set the stage for the debate on challenges to school disciplinary rules during the past two years:In July 2005, the mother of Sunali Pillay brought an application in the Equality Court against the principal and governing body of Durban Girls’ High School. The application aimed to restrain the school from taking disciplinary action against her daughter based on the girl’s refusal to remove a nose stud which was regarded by the school as a violation of the school’s code of conduct. The grounds for the application were that their refusal violated her constitutional rights to equality and freedom of religion, conscience, belief and culture. In September 2005, the Western Cape Residents’ Association brought an application in the Cape High Court on behalf of the parents of Bernel Williams. The application was to ensure her attendance at the matric farewell function hosted by Parow High School. It was argued that the school’s refusal to allow her to attend the function, based on her continued unacceptable behaviour, infringed her constitutional right to equality, dignity and freedom of expression. Similarly, the Supreme Court of Canada had to determine, on 2 March 2006, whether the refusal by the school authorities to allow an orthodox Sikh student, Gurbaj Singh, to wear a kirpan (religious object resembling a dagger) to the school he was attending, was an infringement of his freedom of religion under section 2(a) of the Canadian Charter of Rights and Freedoms. On 22 March 2006, the House of Lords in England decided in favour of the decision by the head-teacher and governors of Denbigh High School to exclude Shabina Begun from the school unless she conformed to the schooldress code. Begun insisted on wearing a hijab (long coat-like garment) and not the shalwar kameeze she had been wearing for the previous two years and which, according to the evidence, satisfied the Islamic clothing requirements. She argued that her exclusion infringed inter alia on her right to manifest her religion under art 9 of the European Convention on Human Rights.In all these matters the constitutional rights of the learner were weighed up against the right of the school to ensure a disciplined environment through the strict observance of the school rules. Although only two of the four applications were successful, it is encouraging that parents and learners are prepared to test decisions taken by schools – an indication that a human rights culture is taking root at secondary school level on both a national and international level.The aim of this note is to discuss these judgments within the parameters of the rights of learners vis-à-vis the rights of other learners and the necessity for discipline and a safe schooling environment. The first section of the note is devoted to an examination of each of these judgments. Thereafter, the issues are discussed with specific reference to the South African constitutional principles and the application of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.