...CONTENTS Executive Summary 3 Background Facts 4 Business, Government and Society &/Legal Issues Identified 5 Presentation of Analysis and/or Literature Review 7 Literature Review 7 Judicial Review and Ultra Vires 8 Abuse of Discretion 9 Improper Purposes 9 Unreasonableness 9 Irrelevant/Immaterial Considerations 9 Natural Justice 10 Legitimate Expectation 11 Discussion of Findings 12 Recommendations/Solutions 16 Conclusion 18 Bibliography 19 EXECUTIVE SUMMARY Using case law, this research paper will provide a critical analysis on the legal issues raised in the case of David vs. The Empowerment Board of Antigua. Several issues of administrative law were identified in this case, and the researchers have sought to examine their respective implications to David and the Empowerment Board. The findings of this case focus less on the final decision of the Empowerment Board, but concentrates on the prevailing factors involved in the decision. The principles of Substantives Ultra Vires, Natural Justice and Legitimate Expectations form a major part of this study and consequently the researchers have recommended options to be considered by both David and the Empowerment Board. BACKGROUND FACTS Across the globe there is growing pressure by homosexual couples to get their “unions” officially recognized by governments. This would enable them to be legally considered married...
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...5 iv. Organizations..............................................................................5 - 8 v. Health..........................................................................................8 - 9 D. History..............................................................................................................................9 - 11 i. Ancient........................................................................................9 - 11 ii. Modern........................................................................................11 E. 10 Reasons Why Homosexual “Marriage” is Harmful and Must be Opposed.................11 - 17 F. Reasons to Legalize Same Sex Marriage..........................................................................17 - 18 G. Same Sex Marriage in the...
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...ENHANCING TAX REVENUES THROUGH SAME-SEX MARRIAGE INTRODUCTION Proponents of same-sex marriage have used arguments centered on equality, fairness, and microeconomic factors such as reducing taxes for couples who are married, pension inheritance, and Social Security benefits. Opponents of allowing same-sex couples to marry use religious, historical, and political arguments. There seems to be no common basis for one side to convince the other to change its collective mind. Opponents who use the argument that Judeo-Christian holy law declares homosexuality a sin and therefore encouraging sexual relations between people of the same sex by recognizing same-sex marriage is untenable. This argument, of course, requires belief that (1) the Judeo-Christian laws should be the basis for our federal laws, (2) they actually makes such a statement, and (3) that if they make such a statement that the proscription should be taken literally. If one doesn’t accept these assumptions, the argument isn’t compelling. Similarly, the argument that history is on the side opposing same-sex marriage presumes that there were no gay marriages historically and that what was appropriate in the past is also appropriate for the present. Proponents of same-sex marriage claim that the federal Constitution and other civil rights laws provide rights and protections for minorities equal to the rights and protections enjoyed by the majority, which are being denied to the homosexual minority. These...
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...NAZ ON GAY PRIDE: HAS HOMOSEXUALITY BEEN LEGALISED IN INDIA? Sujoy Chatterjee Student, National Law University, Jodhpur I. INTRODUCTION: HISTORY OF S.377 Sir Fitz-James Stephen, in his treatise on the History of Criminal Law , has opined, “The Indian Penal Code may be described as the criminal law of England…to suit the circumstances of British India.” S.377 of The Indian Penal Code, which proscribes “Unnatural Offences”, is one such import of Victorian standards of morality as prevalent in Britain at that time. S.377, at the time of its introduction in India in 1861, was contrary to existing Indian law which did not treat sodomy as a crime. S.377 proscribes “carnal intercourse against the order of nature”. The marginal note refers to the acts proscribed as "unnatural offences", but this expression is not used in the text of S.377. The expression "carnal intercourse" is used in the text of the Section, as distinct from the expression "sexual intercourse", which appears in S.375 and S.497 of the Indian Penal Code. But the expression “carnal intercourse” itself is not defined, nor does S.377 provide any explanation or illustration as to what acts are proscribed. This was initially a source of great confusion as to what acts fall under the ambit of the term “carnal intercourse”. In Government v. Bapoji Bhatt it was held that the act of putting a penis in a boy’s mouth is not covered by S.377, since this provision is based on English sodomy law and hence requires...
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...of the same sex or gender. As an orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectionate, or romantic attractions" primarily or exclusively to people of the same sex; "it also refers to an individual's sense of personal and social identity based on those attractions, behaviors expressing them, and membership in a community of others who share them." Homosexuality is one of the three main categories of sexual orientation, along with bisexuality and heterosexuality, within the heterosexual-homosexual continuum (with asexuality sometimes considered a fourth). Scientific and medical understanding is that sexual orientation is not a choice, but rather a complex interplay of biological and environmental factors,[1][3] especially with regard to early uterine environment. While there are those who still hold the view that homosexual activity is "unnatural" or "dysfunctional", research has shown that homosexuality is an example of natural variation in human sexuality and is not in and of itself a source of negative psychological effects. Prejudice and discrimination against homosexual and bisexual people, however, have been shown to cause psychological harm. The most common terms for homosexual people are lesbian for females and gay for males, though gay is also used to refer generally to both homosexual males and females. The number of people who identify as gay or lesbian—and the proportion of people who have same-sex sexual...
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...Third Gender – Equality and Truth http://caissg.org/third-gender-equality-truth/ It is a brave and honest person who can stand apart from the masses and openly challenge its most treasured beliefs. ~ Donna Evans As humans, we understand a little about our complex bodies even with the greatest medical science. It is what it is. Then why lie? Secrecy and stigma are worse than the condition itself. Without truth and transparency, it is difficult to pass laws, provide equal rights, offer support and help for all. We need to have an environment which encourages truth, tolerance, and respect for all. Are there only two genders or is there a third gender?Regardless of which side of the issue you are on, we can all agree thattruth is always the right option and secrecy and lying have no place for a long-term solution in a civilized society. There are several issues withsecrecy and lying. First it is wrong. Second it does not take into account the feelings and trauma of the person being lied to. Third it could lead to criminal acts such as if lying is a crime under oath. What are the bioethics for disclosure to spouses? It is NOT about gender identity or it is NOT about the sexual identity, it is about the HUMAN identity which is to say the truth. As a human being, everyone deserves a feeling of “belonging”, understanding and acceptance. Without recognition of the truth, how will an intersex person marry legally or how can an intersex couple (who are infertile) adopt a child legally...
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...International Journal of Manpower 17,4/5 76 Sources of diversity and the challenge before human resource management in India C.S. Venkata Ratnam and V. Chandra International Management Institute, New Delhi, India Introduction The common refrain about India is that “it is such a diverse country whatever you say of it, the opposite is equally true”. “In India”, Stern (1993) observes, you will find “a society that has, like Europe’s, the diversities of a continent and the unities of a civilization”. Such is the measure of the magnitude of the nature of diversity in Indian society whose features Indian industry had inherited. Societal diversity is not an unmixed blessing for corporations and their management. It is argued that in India, generally speaking, the weaknesses of societal diversity such as caste, for instance, are superimposed on its business and industrial organizations and exacerbated. The marketplace and workforce in India are becoming more diverse every day. In fact, workplace diversity is considered a major challenge and opportunity for human resource management. It makes integration both difficult and easy depending on how diversity is viewed and used. The sources of diversity and its uses make a difference to what it means and how it impinges on organizational purpose and human behaviour at the workplace and beyond. Workplace diversity in India may have been partly inherited from centuries of customs and practices, partly imposed from colonial heritage and...
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...GENDER-BASED AFFIRMATIVE ACTION AND REVERSE GENDER BIAS: BEYOND GRATZ, PARENTS INVOLVED, AND RICCI ROSALIE BERGER LEVINSON* I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. History Behind the Affirmative Action Race/Gender Anomaly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III. The Circuit Split on the Race/Gender Conundrum . . . . . . . . . IV. Analogy to Race-Based Affirmative Action . . . . . . . . . . . . . . . . . A. Remedial Purpose as a Justification for Affirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. The Diversity Rationale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. The Arguments Against Affirmative Action . . . . . . . . . . . . . V. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. INTRODUCTION The blockbuster race discrimination cases in recent years have all involved affirmative action and reverse discrimination. The Supreme Court has made it clear that race classifications, whether benign or invidious, will trigger rigid strict scrutiny analysis, which requires that the government prove its program is narrowly tailored to serve a compelling interest. In 2003, the Court, in Gratz v. Bollinger,1 ruled that while student diversity in educational institutions may be a compelling interest, an affirmative action program...
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...CREED CASE LAW REVIEW May 2012 INTRODUCTION When the Ontario Human Rights Code became law in 1962, creed was one of the original grounds of discrimination. This was likely to deal with the fact that at the time, there was significant overt discrimination against religious minorities. Over time, Canada’s legal and societal approach to creed rights has evolved significantly. However, it continues to be one of, if not the, most complex and controversial area of rights law. Perhaps more than any other ground in human rights codes, creed rights tend to give rise to strong opinions, even among those who may not otherwise have much to say about human rights. Everything from what is creed (and what beliefs and practices are protected under the ground of creed), how creed claims are proven, how creed must be accommodated and what to do where creed bumps up against other rights have led to judicial interpretation and public debate. In Quebec, the provincial government appointed a Commission on Accommodation Practices Related to Cultural Differences 1 in response to public discontent concerning accommodation of, among other things, creed rights. This may be in part because creed is unique in some respects. It encompasses not just innate personal characteristics but also covers associated practices and beliefs. Rights in relation to religion have been recognized as not just equality rights, but also among the “fundamental freedoms” of every Canadian as listed in s. 2 of the Canadian Charter...
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...................................8 3. Theme Two: Factors that influence women’s access to decision-making positions —views from public administration, the judiciary and the private sector................................................................. 9 3.1. Representation of women in the public sector.........................................................................10 3.2. Representation of women in the judiciary...............................................................................12 3.2. Representation of women in the private sector .......................................................................13 4. Theme Three: Factors that influence women’s access to decision-making positions —views from civil society, trade unions, professional associations, academia,...
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...THE IMPACTS OF URBAN ABSOLUTE POVERTY ON YOUNG WOMEN: A CASE STUDY OF EPWORTH BY MASARA WIRIRANAI. B. (R121680Y) FACULTY OF SOCIAL STUDIES DEPARTMENT OF SOCIOLOGY 2015 A DISSERTATION SUBMITTED IN PARTIAL FULFILLMENT OF BACHELOR OF SCIENCE HONOURS DEGREE IN SOCIOLOGY (SUPERVISOR Ms CHOGUYA) 1 Dedication I dedicate this research work to my late mother. You influenced every aspect of carrying out this study. It’s sad though that you are not around to witness who I have become. You may be gone but you are never over! 2 ACRONYMS ADB Asian Development Bank CSO Central Statistics Office DESA Department of Economic and Social Affairs Statistics Division ESAP Economic Structural Adjustment Programme FPL Food Poverty Line HDL Human Development Index MPSLSW Ministry of Public Service, Labour and Social Welfare NGO Non-Governmental Organizations PASS Poverty Assessment Study Survey PDL Poverty Datum Line PICES Poverty and Income Expenditures Survey PRD Parliament Research Department PRFT Poverty Reduction Forum Trust TCPL Total Consumption Poverty Line UNDP United Nations Development Programme UNICEF United Nations Children’s Fund UNESASD United Nations Economic and Social Affairs Statistic Department UN-Habitat United Nations Human Settlement Programme USA United States of America Zimstat Zimbabwe National Statistics Agency 3 Abstract The study focused on identifying, measuring and assessing the nature and extent of impacts of urban absolute...
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...CEDAW in Kyrgyzstan: a movement towards justice On 18 December, 2009, the world will celebrate 30 - year anniversary of the Convention on Elimination of Discrimination against Women (CEDAW). To mark Convention’s 30th birthday, Kyrgyz women’s organizations launched a nation – wide collection of stories, testimonies and reflections about changes which CEDAW brought into lives of Kyrgyz women. The six selected stories, written by the NGOs and women selves were included into this brochure. UNIFEM is the women’s fund at the United Nations. It provides fi nancial and technical assistance to innovative programmes and strategies to foster women’s empowerment and gender equality. UNIFEM focuses its activities on the over-arching goal of supporting the implementation of existing commitments at the national level to advance gender equality. In support of this goal, UNIFEM works in the following thematic areas: • Strengthening women’s economic security and rights; • Ending violence against women; • Reversing the spread of HIV and AIDS among women and girls; • Achieving gender equality in democratic governance in times of peace as well as war. ActiveArt is co-founded by long-term art-collaborators Tarot Couzyn and Orla O’Flanagan. They work in partnership with local and national groups, to create innovative and participatory community art. Over the past 6 years they have worked in South Africa, Ireland and the Kyrgyz Republic creating art for egalitarian social and political...
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...tolerated to a greater or lesser degree (cf. Robinson, 1997). Polygyny has been defined as “the marriage of a man to two or more women at the same time” (Moorehead, 1991: 311), or the “practice of plural marriage” (Altman and Ginat, 1996: 3). The term polygamy has also been used synonymously with polygyny, although it could also be used to encompass polyandry (Welch and Glick, 1981). Polyandry refers to the marriage of one woman to two or more husbands, while polygynandry contemplates a situation in which two or more women are simultaneously married to two or more men (Al-Krenawi, Graham, and Slonim-Nevo, 2002). Polygynandry has also been used to refer to group marriage (Anon., 2004). The term informal polygamy has been used to describe relationships characterized by the simultaneous existence of a legal marriage of one man to one woman and an affair with a second woman that has become a stable feature of the family structure (Rivett and Street, 1993). In contrast, polyamory refers to “group marriage” or the existence of one or more sexual 27 28 • Multi-Bonding: Polygamy, Polygyny, Polyamory relationships inside or outside of marriage (Munson and Stelboum, 1999). The incidence of polygamy, used here to refer to bonded relationships between one man and multiple women or one woman and multiple men entered into in a legal or religious context, has been shown to vary across cultures. Researchers have found that in Africa, the incidence of polygamy...
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...31 Intersection between Shari' a and Reproductive and/or Sexual Health and Human Rights OLAIDE ABBAS GBADAMOSI* Shari 'a has become an important feature of the legal system of the Muslim world with its attendant implications for reproductive health and human rights. Like other religious doctrines, Islam has been used to legitimize conflicting positions on gender and reproductive choice. In some cases, women were being denied rights by those who claimed to be acting in the name of 'Islamic' laws. some of which are incompatible with internationally recognized human rights. This article identifies selected sexual and reproductive health issues at the intersection ofreproductive rights and Shari 'a e.g. adultery (zina), inheritance, child marriages, polygny, and violence against women and considers how their shared concerns may prompt actions leading to the elimination of religious and cultural barriers imposed by Shari 'a which impede the implementation of international legal frameworks and consensus documents on reproductive rights. Nigeria is selected as a case study on the nature of implementation of Shari 'a law and reproductive rights. The article calls for more progressive interpretations of Islamic law to be codified in legislative reforms and/or seek to interpret Islamic law in harmony with international human rights standards and calls for the implementation of Shari 'a that would promote respect for human rights. J believe that if Islam is interpreted and applied correctly...
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...one are tolerated to a greater or lesser degree (cf. Robinson, 1997). Polygyny has been defined as “the marriage of a man to two or more women at the same time” (Moorehead, 1991: 311), or the “practice of plural marriage” (Altman and Ginat, 1996: 3). The term polygamy has also been used synonymously with polygyny, although it could also be used to encompass polyandry (Welch and Glick, 1981). Polyandry refers to the marriage of one woman to two or more husbands, while polygynandry contemplates a situation in which two or more women are simultaneously married to two or more men (Al-Krenawi, Graham, and Slonim-Nevo, 2002). Polygynandry has also been used to refer to group marriage (Anon., 2004). The term informal polygamy has been used to describe relationships characterized by the simultaneous existence of a legal marriage of one man to one woman and an affair with a second woman that has become a stable feature of the family structure (Rivett and Street, 1993). In contrast, polyamory refers to “group marriage” or the existence of one or more sexual 27 28 • Multi-Bonding: Polygamy, Polygyny, Polyamory relationships inside or outside of marriage (Munson and Stelboum, 1999). The incidence of polygamy, used here to refer to bonded relationships between one man and multiple women or one woman and multiple men entered into in a legal or religious context, has been shown to vary across cultures. Researchers have found that in Africa, the incidence of polygamy tends to be higher in...
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