1. As per you, what is ‘Rule of Law’ and how does it help business?
The rule of law is indispensable for the exercise of government in a way that promotes and protects human rights. Proper functioning of the rule of law, it is essential to have a strong legal framework, under a constitution, that upholds human rights and that provides for effective protection, implementation and redress in key areas at the domestic level, that relate to all human rights, be they civil, cultural, economic, political or social rights. The rule of law concerns itself with the substantive and the procedural, as well as with the quality, content and objectives of laws, processes, institutions and practices. The Heads of State and government while adopting World
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World States play a very important role in the promotion and protection of human rights. As the principal “duty-bearers”, State is required under legally binding human rights instruments to adopt a range of measures, including legislative, economic, social and cultural measures, to respect, protect and fulfil all human rights. The interplay between good governance and human rights is marked by the value added that governance provides to human rights, and vice versa. Transnational Corporations have a significant role in promoting and adhering to Rule of Law and this is an essential foundation of business dealing in any country which they operate.
2. What are the challenges India is facing in ensuring ‘Rule of Law’?
Independence of judiciary, democracy, constitutional supremacy and respect of human rights all are
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It is clear that one of the central measures of a company's social responsibility is its respect for human rights. And while most companies recognize the moral imperative to operate consistent with human rights principles, recognition is growing that respect for human rights also can be a tool for improving business performance. Ensuring that business operations are consistent with these legal principles helps companies avoid legal challenges to their global activities.
Many of the principles enunciated in the Universal Declaration of Human Rights (UDHR) involve the creation of a stable, rule-based society that is essential to the smooth functioning of business. Applying human rights principles thoroughly, consistently and impartially in a company's operations can contribute to the development of legal systems in which contracts are enforced fairly, bribery and corruption are less prevalent and all business entities have equal access to legal process and equal protection under law. A multinational's presence can be viewed locally as positive or negative. Avoiding human rights violations will help maintain positive community relations and contribute to a more stable and productive business
MILLERSBURG — A Wooster man on Wednesday was given a chance to avoid prison when he was sentenced to complete a treatment program for admittedly being in possession of methamphetamine. Shaun Hall, 38, 540 High St., previously pleaded guilty in Holmes County Common Pleas Court to aggravated possession of meth. In exchange for his guilty plea, a related charge of aggravated trafficking in meth was dismissed. Hall had faced up to a year in prison for the charge, and Judge Robert Rinfret imposed a term of 11 months, but immediately suspended the period of incarceration in favor of five years of community control, which includes the condition he complete a treatment program at the Stark Regional Community Corrections Center.
munity; if she could be a witch, then anyone could. Magistrates even questioned Sarah Good's 4-year-old daughter, Dorothy, and her timid answers were construed as a confession. The questioning got more serious in April when Deputy Governor Thomas Danforth and his assistants attended the hearings. Dozens of people from Salem and other Massachusetts villages were brought in for questioning.
Petitioner, Triniti T. (“Student” or “Petitioner”) filed her initial request for due process hearing (“Beaumont I”) on February 24, 2014. In the request, Petitioner alleged that the District denied Student a free, appropriate public education (“FAPE”). A hearing was held on June 24-26, 2014 and a Decision following due process hearing (“Decision”) was issues on August 28, 2014. The Decision found that Petitioner had met her burden in proving that the District failed to provide Student with a FAPE in specific areas and the Petitioner was entitled various relief including, but not limited to specific prospective placement, services, assessments, training, devices/equipment for the remainder of the 2014-2015 school year; program development for the 2015-2016 school year, and reimbursement
Mr. Thelaw’s conduct would likely be considered extreme and outrageous when he manipulated Ms. Smartpants emotions in front of the class. Courts have reasoned that a defendant cannot deliberately attempt to manipulate the emotions of a plaintiff, for a perceived advantage over a plaintiff who is susceptible to emotional distress. KOVR-TV, Inc., 37 Cal. Rptr. 2d at 435; McDaniel, 281 Cal.
MILLERSBURG — Despite a plea for leniency expressed by the victim, a Sugarcreek man was unable to overcome a long history of criminal convictions and a bond violation when a Holmes County judge on Wednesday sentenced him to prison for making unwanted phone calls and threats to several members of a family over a period of months. David Lamar Schrock, 43, of 2578 State Route 39, previously pleaded guilty in Holmes County Common Pleas Court to two counts of telephone harassment and one count of menacing by stalking. In exchange for his guilty plea, the state agreed to dismiss two additional counts of telephone harassment and three counts of menacing by stalking. The charges are made more serious because Schrock was convicted, in January 2016,
In today's world, human rights still face many challenges and problems. There are still political systems and behaviors in the world that do not respect human rights, such as dictatorial regimes, racial discrimination, gender discrimination, poverty, hunger, and other issues. In addition, new technology and globalization trends have brought new challenges to human rights protection, such as privacy protection, digital rights, and other
These human rights 'instruments', as they are called, have fixed how many rights apply to particular groups of human beings such as women or children. They have also come up with new ideas that were not part of the thinking of those who first drafted the Universal Declaration. The link between human rights and other pillars is clearly evident all the way through the UDHR. First, it allows, in the Preamble, that the credit of the unchallengeable rights of all people is the groundwork of freedom, justice and peace across the world. Secondly, it expands the UN Charter’s stated purpose of encouraging growth by giving economic, social and cultural rights the in the same degree of safety that an individual finds for civil and political rights (Marshall
As the rule of law, it focuses on the equal treatment and absence
The Appellate court remanded the trial court's decisions on the following issues: (1) Did the district court err in affirming that the student was no longer eligible for special education under the IDEA Act based on her strong academic record, however not determining whether she had a reading fluency deficit? and (2) Did the district court err by failing to make an independent judgment based on parents' additional evidence? It was stated that the district court should exercise independent judgment and that they weighed too heavily on Jane's overall academic achievement when the deficiency in reading fluency was sufficient to support eligibility. Also, the district court did not make an independent judgment as to the additional evidence
In a democracy, the rule of law defends the rights of citizens, upholds order, and bounds the power of government. All people are equal under the law. The rule of law. Martin Krygier, Professor of Law at the University of New South Wales, argues that there are four essential principles underlying the rule of law. They are universality of the scope of the law, clarity for all citizens, supportive and culturally appropriate institutions and an appropriate legal culture.
Sjoberg believes that human rights were put in place to protect individuals against the abuses of corporate power. He was aware of the debate with regards to the origin of human rights but viewed it as a socially and historically produced phenomenon. Sjoberg sees human rights as unconditional and should not be dependent on one fulfilling one’s duties, although he does see on fulfilling one’s duties as a secondary concern. The following moral frameworks were discussed by Sjoberg, namely the supposed value neutrality (of positivism), utilitarianism, nation-state morality, and cultural relativism. In turn, Sjoberg believed that human rights were the best approach to address the abuse of bureaucratic organizations.
The law is an intriguing concept, evolving from society’s originalities and moral perspectives. By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered".
DEFINITION OF LAW: Law is outlined as the principles and regulations set by the governing authority, and have binding legal forces. It must be endorsed and obeyed by the citizens, subject to penalties or legal consequences. It depicts the will of the supreme power of the state. The basic purpose of law is to regulate the society, to safeguard and shield the rights of people and to resolve conflicts. It acts as barrier is preventing people from behaving in a negative manner that affects the rights and quality of life other people, hence violation of law implies the punishment of lawbreakers Dysfunction of Law: Dysfunction of law means failed to abide by the law.
Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.
Human Rights What are Human Rights? Human Rights are commonly understood as being those rights which are inherent to the human being. The concept of human rights acknowledges that every single human being is entitled to enjoy his or her human rights without distinction as to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Human rights are legally guaranteed by human rights law, protecting individuals and groups against actions which interfere with fundamental freedom and human dignity. They are expressed in treaties, customary international law, bodies of principles and other sources of law.