Abstract: The analysis of proportionality as a test is raised as a basic foundation for the achievement of Fundamental Rights. We used legal dogmatics and empirical analysis to seek the expected results, from the reading of the RV Oakes trial by the Supreme Court of Canada. In cases involving freedom of expression, two tests are used to resolve disputes. The first examines whether, in fact, the case can be characterized as a violation of freedom of expression; the second assesses whether this violation can be justified by the reasonable limit clause. This test was defined in the RV Oakes trial by the Supreme Court of Canada, concluding with the Oakes Test, used worldwide as a proportionality test. Resulting is a proportionality between the effects of the limiting measure and the objective - the more serious the harmful effects of a measure, the more important the objective must be.
Abstract: No state can be progressive and prosperous in which a large number of people is deprived of their basic economic rights and freedoms. In the contemporary world of globalization, the right to development has gained a momentum force in the domain of International Development Law (IDL) and has integrated into the National Legal System (NLS) of the major developed states. The international experts on human rights argued that the right to development (RTD) is called a third-generation human right which tends to enhance the welfare and prosperity of individuals, and thus, it is a right to a process whose outcomes are human rights despite the controversy on the implications of RTD. In the Pakistan legal system, the RTD has not been expressly stated in the constitution of the Islamic Republic of Pakistan, 1973. However, there are some implied constitutional provisions which reflect the concept of RTD. The jurisprudence on RTD is still an evolving paradigm in the contextual perspective of Pakistan, and the superior court of diverse jurisdiction acts as a catalyst regarding the protection and enforcement of RTD in the interest of the public at large. However, the case law explores the positive inclination of the courts in Pakistan on RTD be incorporated as an express provision in the chapters of fundamental rights; in this scenario, the high court’s of Pakistan under Article 199 and the supreme court of Pakistan under Article 184(3) have exercised jurisdiction on the enforcement of RTD. This paper inter-alia examines the national dimensions of RTD from the standpoint of state practice in Pakistan and it analyzes the experience of judiciary in the protection and enforcement of RTD. Moreover, the paper highlights the social and cultural challenges to Pakistan in the implementation of RTD and possible solution to improve the conditions of human rights in Pakistan. This paper will also highlight the steps taken by Pakistan regarding the awareness, incorporation, and propagation of RTD at the national level.
Abstract: The present paper focuses on human rights to the water and to the energy and has a scope to promote the legal status on sustainable construction. The right to water constitutes a typical example of 3G fundamental rights, like the right to enjoyment of energy, particularly of electricity, whilst the right to energy efficiency is a right of fourth generation. Both rights to water and energy are examined through their consecration in the framework of the above-mentioned generations. It results that not only decision-makers but also citizens should fight for the further consecration and adequate use of these crucial rights, having to do with the urgent problem of climate change and the sustainable development. The time for the principle of water and energy “rule of law” has come.
Abstract: The main purpose of this paper is to determine the impact of both International Humanitarian Law and anti-piracy International Law on Constitutional Law. International Law is endowed with a rich set of norms on the protection of private individuals in armed conflicts and copes with the diachronic crime of maritime piracy, which may be considered as a private war in the high seas. Constitutional Law has been traditionally geared at two generations of fundamental rights. The paper will aim at answering the question “Which is the profile of 3G constitutional rights, particularly in the light of International Humanitarian Law?”
Abstract: The right to basic sanitation, was elevated to the
category of fundamental right by the Constitution of 1988 to protect
the ecologically balanced environment, ensuring social rights to
health and adequate housing and put the dignity of the human person
as the foundation of the Brazilian Democratic State. Before their
essentiality to humans, this article seeks to understand why universal
access to basic sanitation is a goal so difficult to achieve in Brazil.
Therefore, this research uses the deductive and analytical method.
Given the nature of the research literature, research techniques were
centered in specialized books on the subject, journals, theses and
dissertations, laws, relevant law case and raising social indicators
relating to the theme. The relevance of the topic stems, among other
things, the fact that sanitation services are essential for a dignified
life, i.e., everyone is entitled to the maintenance of the necessary
existence conditions are satisfied. However, the effectiveness of this
right is undermined in society, since Brazil has huge deficit in
sanitation services, denying thus a worthy life to most of the
population. Thus, it can be seen that the provision of water and
sewage services in Brazil is still characterized by a large imbalance,
since the municipalities with lower population index have greater
disability in the sanitation service. The truth is that the precariousness
of water and sewage services in Brazil is still very concentrated in the
North and Northeast regions, limiting the effective implementation of
the Law 11.445/2007 in the country. Therefore, there is urgent need
for a positive service by the State in the provision of sanitation
services in order to prevent and control disease, improve quality of
life and productivity of individuals, besides preventing contamination
of water resources. More than just social and economic necessity,
there is a government duty to implement such services. In this sense,
given the current scenario, to achieve universal access to basic
sanitation imposes many hurdles. These are mainly in the field of
properly formulated and implemented public policies, i.e., it requires
an excellent institutional organization, management services,
strategic planning, social control, in order to provide answers to
complex challenges.