Human Dignity And Fundamental Rights In South Africa And Ireland

Author : Anne Hughes
Publisher : PULP
ISBN 13 : 1920538216
Total Pages : 659 pages
Book Rating : 4.17/5 ( download)

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Download or read book Human dignity and fundamental rights in South Africa and Ireland written by Anne Hughes and published by PULP. This book was released on 2014-04-11 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post-apartheid South Africa has yielded enlightened judicial decisions in contrast to the limited interpretation of human rights in Ireland. The value of human dignity with its central position in international law underpins both countries’ Constitutions, but has left a more striking mark in South Africa. There it has impacted significantly on punishment for crimes, family life, children’s rights, defamation, sexual violence investigations, substantive equality and socio-economic rights. Practical guidance can be gleaned from South Africa to revitalise Irish jurisprudence. While its focus is on South Africa and Ireland, this book draws on the experience of many countries and regions.

Author : Anne Hughes
Publisher :
ISBN 13 :
Total Pages : 603 pages
Book Rating : 4.86/5 ( download)

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Download or read book Human Dignity and Fundamental Rights in South Africa and Ireland written by Anne Hughes and published by . This book was released on 2014 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.29/5 ( download)

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Download or read book Human Dignity and Fundamental Rights in South Africa and Ireland written by and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human dignity and fundamental rights in South Africa and Ireland by Anne Hughes 2014 ISBN: 978-1-920538-21-7 Pages: 603 Print version: Available Electronic version: Free PDF available.

Author : Anne Hughes
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.11/5 ( download)

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Download or read book A Comparative Study of Fundamental Rights in South Africa and Ireland with Specific Emphasis on Human Dignity written by Anne Hughes and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Laurie Ackermann
Publisher : Juta and Company Ltd
ISBN 13 : 9780702199011
Total Pages : 468 pages
Book Rating : 4.1X/5 ( download)

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Download or read book Human Dignity written by Laurie Ackermann and published by Juta and Company Ltd. This book was released on 2012 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: About this Publication: Human Dignity: Lodestar for Equality in South Africa provides an in-depth analysis of human dignity and its relationship to equality in South African law. The author argues that human dignity is the attributive key that unlocks the constitutional meaning of equality and unfair discrimination. Equality cannot be usefully debated without first asking the vital question 'Equality of what?' The answer, it is contended, must be 'human dignity'. The philosophical and Abrahamic religious roots of these constitutional concepts of dignity and equality are investigated, then further explored and illustrated in the comparative context of South African, German and Canadian constitutional jurisprudence. Clashes and tensions between rights inevitably occur when the equality and non-discrimination rights of a Bill of Rights are applied horizontally, that is between subjects of the state themselves. The human dignity of the contestants plays a vital role in resolving such tensions and conflicts. Human dignity moreover has a determining function when applying constitutionally mandated restitutionary (compensatory) equality and when determining what the legitimate extent and duration of such restitution is. These issues are also considered in a comparative constitutional context. Peer Reviews: 'Retired Justice Laurie Ackermann was one of the giants of the "Mandela Constitutional Court" appointed in 1994. His new book on human dignity matches the weight and the profundity of his judicial writing on the subject. It is an authoritative, lawyerly and commanding exposition of the value that is the key to South Africa's constitutional future-the dignity of all its peoples.' Justice Edwin Cameron, Justice of the Constitutional Court of South Africa 'In this work, the claim that it is the inherent dignity and worth of every human person that must inform the interpretation and enforcement of the constitutional right to equality is backed up, inter alia, by a useful exposition of the Kantian concept of dignity and an illuminating and context-sensitive engagement with comparative constitutional law. The author's argument is systematically developed within a range of contexts, including anti-discrimination law, disputes over the scope and limits of measures designed to remedy past injustices, and conflicts over the appropriate balance between equality and freedom in cases involving the horizontal application of the Bill of Rights. Throughout, the author presents a well-argued and robust defence of a constitutional vision which places the dignity of the individual at the heart of the Constitution's transformative project. This is an important contribution which is certain to stimulate further analysis and debate.' - Prof Henk Botha, University of Stellenbosch Law Faculty 'The most systematic, theoretically rich, and intellectually provocative treatment in the academic literature to date on the subject of human dignity in South Africa's evolving equality jurisprudence.' Prof Sandra Liebenberg, HF Oppenheimer Professor of Human Rights Law, University of Stellenbosch Law Faculty

Author : Helen Meenan
Publisher : Routledge
ISBN 13 : 1317910737
Total Pages : 239 pages
Book Rating : 4.32/5 ( download)

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Download or read book Towards Human Rights in Residential Care for Older Persons written by Helen Meenan and published by Routledge. This book was released on 2015-07-30 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: People are leading significantly longer lives than previous generations did, and the proportion of older people in the population is growing. Residential care for older people will become increasingly necessary as our society ages and, we will require more of it. At this moment in time, the rights of older people receive attention at international and regional levels, with the United Nations, the Organization of American States and the African Union exploring the possibility of establishing new conventions for the rights of older persons. This book explores the rights of older people and their quality of care once they are living in a care home, and considers how we can commence the journey towards a human rights framework to ensure decent and dignified care for older people. The book takes a comparative approach to present and future challenges facing the care home sector for older people in Africa (Kenya), the Arab world (Egypt), Australia, China, England, Israel, Japan and the USA. An international panel of experts have contributed chapters, identifying how their particular society cares for its older and oldest people, the extent to which demographic and economic change has placed their system under pressure and the role that residential elder care homes play in their culture. The book also explores the extent to which constitutional or other rights form a foundation to the regulatory and legislative structures to residential elder care and it examines the important concept of dignity. As a multi-regional study of the care of older person from a human rights perspective, this book will be of excellent use and interest, in particular to students and researchers of family and welfare law, long-term care, social policy, social work, human rights and elder law.

Author : Marcus Düwell
Publisher : Cambridge University Press
ISBN 13 : 1107782406
Total Pages : 1130 pages
Book Rating : 4.02/5 ( download)

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Download or read book The Cambridge Handbook of Human Dignity written by Marcus Düwell and published by Cambridge University Press. This book was released on 2014-04-10 with total page 1130 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introduction to human dignity explores the history of the notion from antiquity to the nineteenth century, and the way in which dignity is conceptualised in non-Western contexts. Building on this, it addresses a range of systematic conceptualisations, considers the theoretical and legal conditions for human dignity as a useful notion and analyses a number of philosophical and conceptual approaches to dignity. Finally, the book introduces current debates, paying particular attention to the legal implementation, human rights, justice and conflicts, medicine and bioethics, and provides an explicit systematic framework for discussing human dignity. Adopting a wide range of perspectives and taking into account numerous cultures and contexts, this handbook is a valuable resource for students, scholars and professionals working in philosophy, law, history and theology.

Author : Jacob Weinrib
Publisher : Cambridge University Press
ISBN 13 : 1107084288
Total Pages : 317 pages
Book Rating : 4.85/5 ( download)

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Download or read book Dimensions of Dignity written by Jacob Weinrib and published by Cambridge University Press. This book was released on 2016-09-15 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a public law theory that elaborates the idea of human dignity to illuminate and justify innovations in constitutional practice.

Author : Aharon Barak
Publisher : Cambridge University Press
ISBN 13 : 1316240983
Total Pages : 399 pages
Book Rating : 4.84/5 ( download)

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Download or read book Human Dignity written by Aharon Barak and published by Cambridge University Press. This book was released on 2015-01-26 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human dignity is now a central feature of many modern constitutions and international documents. As a constitutional value, human dignity involves a person's free will, autonomy, and ability to write a life story within the framework of society. As a constitutional right, it gives full expression to the value of human dignity, subject to the specific demands of constitutional architecture. This analytical study of human dignity as both a constitutional value and a constitutional right adopts a legal-interpretive perspective. It explores the sources of human dignity as a legal concept, its role in constitutional documents, its content, and its scope. The analysis is augmented by examples from comparative legal experience, including chapters devoted to the role of human dignity in American, Canadian, German, South African, and Israeli constitutional law.

Author : Ulrike Davy
Publisher : Taylor & Francis
ISBN 13 : 1000801020
Total Pages : 223 pages
Book Rating : 4.26/5 ( download)

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Download or read book Law and Social Policy in the Global South written by Ulrike Davy and published by Taylor & Francis. This book was released on 2022-12-13 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an in-depth study of the origins and the trajectories of the law governing social policies in Brazil, China, India, and South Africa, four middle-income countries in the global South with a history in social policy making that starts in the 1920s. The policies of these countries affect almost half of the world’s population. The book takes the legal framework of the policies as a starting point, but the main interest lies behind the letter of the law: What were the objectives and goals of social policy over the course of the last 100 years? What were the ideas, ideologies, and values pursued by relevant actors? The book comprises four country studies and a comparative study. The country studies concentrate on the political and social context of social policy making in Brazil, China, India, and South Africa as well as on the ideas, ideologies, and values underpinning the constitution, statutory laws, and case law that frame and shape social policy at the national level. The country studies are complemented by a comparative study exploring and describing the commonalities and differences in the ideational approaches to social policies across the four countries, nationally and – in the formative decades – internationally. The comparative study also identifies the characteristics that make Brazilian, Chinese, Indian, and South African social policies distinct from European social policies. With its emphasis on law and drawing on legal scholarship, the book adds a new dimension to the existing accounts on welfare state building, which, so far, are dominated by European narratives and by scholars with a background in sociology, political science, and development studies. This book is relevant to specialists and peers and will be invaluable to those individuals interested in the fields of comparative and international social security law, human rights law, comparative constitutional law, constitutional history, law and development studies, comparative social policies, global social policies, social work, and welfare state theory. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.