Right to Human Dignity

The European Social Charter (revised) regulated a new fundamental right: “the right to dignity at work” under Article 26 of Part ii, whereas such an article does not exist in the Charter of 1961. This article emphasises the promotion of awareness and prevention of sexual harassment (§ 1) and other types of harassment at work (§ 2), although it does not require that Parties ensure protection against such conduct. In addition, it follows from the Appendix that Parties do not need to enact legislation. Nonetheless, they are required to take “all appropriate measures” to protect workers1 and, furthermore, among the “rights and principles”, it is laid down by § 26 of Part i that “all workers have the right to dignity at work”. The ecsr has also interpreted Article 1 § 2 in a way that protects workers’ privacy as a fundamental component of safeguarding workers’ rights.

This LLB Treatise evaluates human rights and euthanasia to determine the legal compatibility of euthanasia with South African law and human rights. The primary focus is on defining the rights to life and dignity and assessing whether euthanasia has the potential to enforce those rights. Comparative analyses indicate that euthanasia can serve as a mechanism to promote and protect the rights to dignity and life. The comparative studies of other jurisdictions in which euthanasia is legal are the foundations for the argument that euthanasia is not inherently a violation of the South African Bill of Rights.

DNA profiling technology has brought about a paradigm shift in crime scene analysis. It has enabled criminal justice to exculpate the innocent and penalize the guilty successfully. However, to ensure the systematic use of DNA profiling technology, building an ecosystem regulating the use and application of DNA profiling is indispensable. It is therefore imperative to regulate human DNA profiling and limit its scope only for lawful purposes. The DNA Technology (Use and Application) Regulation Bill 2019 aims to regulate the use of DNA profiling technology in India. This article analyses the Bill and suggests proposals to reform the proposed legislation.

Background: The scientific and technological advances along with the changing socio-economical standards of society have posed new challenges to the criminal justice system. With the changes in society and technology, there is also an increase in crime rate. Forensics provides the scientific proofs beyond the shadow of reasonable doubt and thus significantly contributes in criminal as well as civil investigations and legal matters. Main body of the abstract: Discovery of DNA has opened new avenues and the advancement of DNA technology and its introduction into the court of law has provided extensive aid in the resolution of civil and criminal disputes. In India, the DNA technology was first introduced in a paternity dispute in 1989. However, the need for legislation and guidelines to support grounds for the use of DNA profiling for forensic purposes in India has been recognized for some time now. In July 2019, the DNA Technology (Use and Application) Bill 2019 was introduced in the Indian parliament. Short conclusion: Herein, this article is focused on the current aspects of DNA based evidence in the Indian Criminal Justice system along with the associated issues, highlighting the need for specific DNA based legislation.

Whereas the threat of punitive damages properly directed-viz resulting in personal tortious liability-may have the effect of deterring police misconduct, the doctrine of qualified immunity frustrates this aim of justice. This works begins with two accounts of instances of police misconduct in the United States, to illustrate the nature of the problem of a lack of personal accountability against police officers who act wrongfully. The rationale of delict and tort law, as a punitive means to deter wrongful behavior among private individuals, is effectively upended by this doctrine which precludes a wronged party from pursuing civil action, even where the merits of the claim are clear and irrefutable. This work examines of the history, development, and application of the doctrine across common law jurisdictions, citing caselaw from the origins of the doctrine in the United Kingdom, to its infrequent appearance in South African law, and its modern reconceptualization in United States law. This work ultimately reveals why the doctrine, as it is presently formulated and applied in the U.S. is antithetical to the ends of justice, thus setting out reasons why the doctrine must be immediately abolished. This work concludes advancing the argument that following South Africa's example, U.S. law ought to incorporate and protect the right to dignity, which would aid in preventing such abuses of power.

Background The scientific and technological advances along with the changing socio-economical standards of society have posed new challenges to the criminal justice system. With the changes in society and technology, there is also an increase in crime rate. Forensics provides the scientific proofs beyond the shadow of reasonable doubt and thus significantly contributes in criminal as well as civil investigations and legal matters. Main body of the abstract Discovery of DNA has opened new avenues and the advancement of DNA technology and its introduction into the court of law has provided extensive aid in the resolution of civil and criminal disputes. In India, the DNA technology was first introduced in a paternity dispute in 1989. However, the need for legislation and guidelines to support grounds for the use of DNA profiling for forensic purposes in India has been recognized for some time now. In July 2019, the DNA Technology (Use and Application) Bill 2019 was introduced in the In...

nainaṃ chindanti śastrāṇi nainaṃ dahati pāvakaḥ
na cainaṃ kledayantyāpo na śoṣayati mārutaḥ [2:23, Bhagavad Gita]

The 23rd verse in the second chapter of the Bhagavad Gita describes the characteristics of the atman, or soul, and emphasises its eternal, imperishable nature. The notion of (the soul) being eternal, never-dying is relevant in today’s digital era as well: in the form of our information being eternally present in cyberspace.

It is interesting to analyse how this eternal presence of our most sensitive information creates a conundrum of human rights from the legal lens. This article discusses how the ‘right to privacy’ affects the ‘right to life’ including the right to live with basic human dignity.

DNA analysis has transformed forensic science, assisting in the capture of serial killers and the exoneration of innocent people falsely accused of major crimes. As DNA profiling becomes more sensitive and is utilized in more cases, it is critical that public and professional expectations are based on reality rather than television crime drama. In the pursuit of justice, DNA evidence is a useful and neutral instrument. DNA evidence will play an increasingly essential part in investigating crimes in the future, whether it helps convictor absolve persons. As a result, victims will receive better justice, and communities will be safer. This article discusses the vitality of DNA in the criminal justice system and provides an analysis pertaining to international practices.

Sri Guru Granth Sahib, through its comprehensive worldview, offers a perfect set of values and an applicable code of conduct. Its cardinal message is addressed to the welfare of all humans irrespective of their caste, color, creed, culture, and religion. SGGS emphasizes love, respect, empathy, and acceptance of others' existence. It prohibits us from infringing on the freedom and rights of others. The life and works of the Sikh Gurus exemplify the practicability of these ideas. Their inter-faith dialogues highlighted that human unity and oneness could be achieved through tolerance, communication, and respect for others. Besides a matchless elaboration of spirituality, Sri Guru Granth Sahib enshrines a powerful expression of the message of revolutionary ideals of social welfare, human rights, multicultural distinctness, and religious freedom. In the present era, when the threats and fear of interfaith conflicts, military aggression, terrorism, etc., have overpowered human sentiments, the teachings of Sri Guru Granth Sahib are even more relevant to resolving all these problems.

DNA profiling technology has brought about a paradigm shift in crime scene analysis.
It has enabled criminal justice to exculpate the innocent and penalize the guilty successfully. However, to ensure the systematic use of DNA profiling technology, building an ecosystem regulating the use and application of DNA profiling is indispensable. It is therefore imperative to regulate human DNA profiling and limit its scope only for lawful purposes. The DNA Technology (Use and Application) Regulation Bill 2019 aims to regulate the use of DNA profiling technology in India. This article analyses the Bill and suggests proposals to reform the proposed legislation.