MENAGIH HAK BERAGAMA MUSLIM AHMADIYAH DAN SYIAH SAMPANG DALAM PERSPEKTIF NALAR MAQÂṢIDÎ

The main objective of the study is to examine the depiction of democratic and human rights abuses in Amelmal’s, Yältäkoäche Guzo (Unfinished Journey). One of the considerable importances of literature all over the world is its use of sympathetic and attractive literary language to expose basic human right abuses since human rights are also part of human life. Therefore, analyzing the roles of literatures that are written in Amharic language in portraying basic human rights violations is paramount. However, literatures written in Amharic language are not well studied from human rights violation perspectives. This article, therefore, explores how the violations of basic human rights are depicted in the selected novel. Because there was no computable data used, the study considered qualitative research method. Regardless of the system by which a country is ruled, human rights are inviolable because they are innate. The analysis of the novel, however, depicts that the inviolable human and democratic rights of human beings have been violated. The finding of the study showed that the depiction of human and democratic rights violations was explicit. It showed that people’s rights to life, rights to equality, rights to liberty, and rights to election were abused during the two political regimes.

INTRODUCTION From Nike to Coca-Cola to Apple, the emergence of the corporate social responsibility (CSR) movement has led to the recognition of a duty on the part of multinational corporations (MNCs) to work to prevent and remedy human rights violations committed by their foreign subsidiaries and suppliers, regardless of where in the world the violations occur. The international community must now strengthen and utilise the momentum of the CSR movement and apply such a human rights framework to the problem of corruption in global supply chains. On the heels of more than a decade of calls for the recognition of a human right to live free of corruption, United States President Barack Obama lent legitimacy to the concept when he referred to pervasive corruption as a ‘violation of basic human rights’ in 2010. In the years preceding and since, a fair amount has been written about whether such a right exists and if so whether it could be deemed to bind corporations such that any causes of action arising there from could be adjudicated in an international or domestic court of law. This chapter accepts the prevailing view that international human rights protections generally do not bind corporations as a matter of hard law (with some notable exceptions). However, it also maintains that there is effectively an indirect, derived right to live in a corruption-free society, resulting from the relationship between corruption and human rights violations, i.e. systemic corruption frequently leads to and may cause violations of human rights. It further maintains that this right applies to corporations under John Ruggie's ‘Protect, Respect and Remedy’ framework (hereafter the Ruggie Framework or the Framework) and therefore must be incorporated into corporations’ CSR policies and internal compliance. While dispute remains as to whether corruption itself constitutes a human rights violation, it is certainly the prevailing view that systemic corruption entails and precipitates human rights violations. It follows that in order for companies to comply with their duty to respect human rights under the Ruggie Framework, those companies must prevent corruption from occurring within their supply chains. It is not possible to respect human rights without preventing corruption; therefore companies cannot be said to sufficiently respect human rights in their supply chains without making affirmative efforts to prevent corruption therein.

Human rights invoked in the international context are often treated as having self-evident content. The focus is on implementation and enforcement. The urge to enforcement is especially strong when...

Ratner, Steven R. <i>The Thin Justice of International Law: A Moral Reckoning of the Law of Nations</i>.New York: Oxford University Press, 2015. Pp. 496. $85.00 (cloth).

Beyond Claim‐Rights: Social Structure, Collectivization, and Human Rights

The conceptions of the anthropological bases of natural human rights and current views of scientists, are investigated in this paper. The ideas how to improve the anthropological conception of natural human rights are offered in this paper. Fundamental theories of origin of natural human rights, which contain the anthropological approach to understanding the concept of human rights, and their incipience are analysed. It is ascertained, that every of existing approaches to anthropological understanding the concept of natural human rights has some disadvantages, caused by the multiform of the category ‘human rights’. The purpose of this scientific paper is to investigate the conceptions of the anthropological bases of natural human rights and current views of scientists, to offer the ideas how to improve the anthropological conception of natural human rights. It is offered to determine the anthropological basis of natural human rights on two points: 1) from the position of a single individual and peculiarities, which are inherent to a person regardless of social environment. Anthropological basis consists in aspiration of every single person for keeping the individuality and providing the worthy living conditions; 2) from the position of society, because every individual has an interest in setting up of some legal rules, which would improve the quality of living within society, protect the private life from infringement, establish the boundaries of sphere in which society and state may interfere. It is proved that anthropological and legal basis of natural human rights depends on legal culture, that is formed during the certain historical period in a definite country. It is ascertained, that the assertion that natural human rights are invariable, can be considered as erroneous, because the interpretation of the basic human rights is changing together with the changing of direction of legal conception. The issue that anthropological basis of human rights can be used to restrict some rights is considered. It is reasoned that it is important to take into consideration during the determination the anthropological basis of natural human rights, that definition of human nature does not exist. It is considered that anthropological and legal basis of natural human rights is perspective field for further researches, because scientific discussion about the origin and essence of human rights is not complete. It is proved that it is impossible to make an impartial determination of the essentiality of the human rights only on the base on one scientific approach, due to the versatility of the category human rights. Keywords: anthropological basis, natural human rights, natural legal understanding, essentiality of the human rights.

Distorting boundaries, amalgamating perspectives: A proposed integration of international law on protection of refugees and stateless persons in higher education curricula

광복 이후 반세기 가까이 한반도 긴장상황과 정치적 불안으로 우리나라 경찰활동은 인권의 가치보다 사회안정과 질서확립 그리고 강력한 법집행을 중시하게 되었다. 게다가 증거에 기반을 둔 수사보다는 편의적 수사 때문에 많은 인권침해가 발생하게 되었다. 2001년 국가인권위원회가 설립됨으로써 우리나라 인권 역사에 한 획을 긋는 전환점이 되었다. 경찰 내부적으로도 2005년 인권전담기구인 인권보호센터를 설치하였고 국민들의 참여를 유도하기 위한 인권수호위원회와 시민인권보호단 등을 설치하였다. 그리고 인권침해상황을 개선하기 위해서 다양한 정책적 제언을 하고 인권경찰로 거듭나기 위해 매진하고 있다. 이런 경찰의 인권수호 의지는 법집행과정의 개선, 범죄피해자 피해회복 강화 등 많은 제도적 개선을 이루어냈다. 그러나 사회 제도적인 관성, 특수한 경찰조직문화, 증가하는 경찰업무 등으로 인한 경찰의 인권침해는 법집행과정에서 여전히 발생하고 있다. 덧붙여 일부 인권침해 방지대책들은 근본적인 문제를 해결하기 위한 방안을 제시하기보다는 일종의 전시행정적인 성격을 띠고 있다. 결국 경찰활동 중 인권침해를 실제로 개선하기 위해서는 경찰공무원 자신의 인권의식이 매우 중요하다고 할 수 있다.The establishment of the National Human Rights Commission of Korea in 2001 has become a ground-breaking turning point in the South Korean history of human rights. Internally, the Police Human Rights Center, an organization in full charge of human rights, was established in 2005 and the Human Rights Protection Commission and the Citizen Human Rights Protection Group were organized to induce participation of the people. They make various policy suggestions to improve the situations in which human rights are violated and strive to be reborn on the basis of human rights. However, the violation of human rights by police officers intermittently occurs during the process of law enforcement due to the special police organizational culture and the increase of policing service. Ultimately, police officers own consciousness of human rights is very important in eliminating the violation of human rights actually during the process of policing. To do this, it is crucial to maintain or improve individual police officers consciousness of human rights that may serve as a shield against violation of human rights during the process of policing. The purpose of this study was to determine how police officers job satisfaction affected their consciousness of human rights and to make policy suggestions necessary to improve security service of the police and solve the problem of human rights violation.

Currently, a nursing hospital is a hospital-level medical institution in which doctors, dentists, or oriental doctors perform medical treatment mainly for inpatients under the Medical Act, and any medical person other than a doctor or oriental doctor can be opened.&#x0D; So-called nursing hospitals must inevitably have more than 30 nursing beds and have medical personnel of a certain level or higher. To open a convalescent hospital, permission must be obtained from the mayor/ province governor as prescribed by the Ordinance of the Ministry of Health and Welfare after deliberation by the City/Province Medical Institution Establishment Committee. If not, permission cannot be obtained.&#x0D; Currently, patients who are admitted to nursing hospitals are 1. Elderly patients, 2. Chronic patients, and 3. Those who have a recovery period after surgery and injury, and mainly need nursing care. With the enactment of the Medical Act in 1994, the legal concept of nursing hospitals was stipulated. Since the 2000s, the number of elderly nursing hospitals has increased rapidly in tandem with the increase in the elderly population following changes in Korea's demographic structure. In the midst of this, cases of human rights violations of the elderly continue to occur in the stages of entering and leaving nursing hospitals and living stages. The violation of the human rights of the elderly here is related to the violation of basic human rights under the Constitution and, furthermore, to the issue of elder abuse under the Elderly Welfare Act.&#x0D; Therefore, in this paper, it is hoped that policies and measures for ensuring and realizing the rights of the elderly are guaranteed and realized through the correct prevention of violations of the human rights of the elderly in nursing hospitals. First, we would like to make legislative proposals on the provision of human rights education regulations, second, the mandatory installation of CCTVs, third, the necessity of expanding medical personnel, and fourth, the unification of management and supervisory bodies for insolvent nursing hospitals.

The definition of refugee in law is famously vague. Two particularly challenging elements are the nature of and the scope of involvement in a crime against peace, war crime, or crime against humanity, as defined in [...] instruments (1) such that an otherwise eligible refugee would be excluded from protection. Given that asylum adjudicators have had over sixty years of experience in interpreting the 1951 Refugee Convention definition, now governing in the 148 states parties to the Convention and/or its 1967 Protocol, there should be ample opportunities for comparative analysis and judicial conversation. Outside the confines of the Convention itself, the evolution of human rights law since 1951 and the explosive growth in humanitarian law and criminal law since the mid-1990s have created rich environment for situating the refugee definition in more comprehensive law context. Some jurisdictions have interpreted persecution using the language of human rights, while others have developed what might be characterized as more inward-looking, refugee-specific, sense of the word. Similarly, some jurisdictions have indeed looked to international instruments to inform their understanding of exclusion for war crimes and related offenses, while others have based their exclusion analysis on other factors. The United States has taken different direction, by excluding those who persecute others, with the result that persecution for the purposes of exclusion is mirror image of persecution as defined for the purposes of inclusion. My work looks at the use, or lack thereof, of and comparative law in refugee status determination, and explores the consequences for coherence and consistency in protection. To the extent that law is taken into account in refugee status determination, it is generally regarded as positive development. It may feel intuitively correct that this is so, and some scholars have argued that an external legal framework provides analytical rigor to refugee status determination, but it does not empirically appear to be the case. My intention is to raise questions about these links. I am skeptic when it comes to the utility, or even the usage, of law norms in refugee status determination. I question the significance of finding citations to external sources of law in domestic asylum jurisprudence. To the extent that these citations reveal serious engagement with an analytic framework, and not just boilerplate language, there is risk of making refugee definition that is famously vague and difficult to apply consistently even more unwieldy by interpreting it with the often indeterminate norms of law. With respect to inclusion, is it helpful to say, as the Office of the United Nations High Commissioner for Refugees (UNHCR) has done, that persecution is serious violation of human rights? (2) Or in the European Union formulation, that it is severe violation of basic human rights? (3) Human rights law does not recognize division of basic and non-basic rights. To the contrary, human rights are interrelated, interdependent, and indivisible. With respect to exclusion, is it useful to know that an asylum seeker may be excluded under Article 1F(a) of the Refugee Convention for war crime as defined under law? Would that refer to all violations of the 1949 Geneva Conventions, which do not themselves use the terminology of war crimes, or perhaps just grave breaches? I have looked at the use of human rights law in refugee status determination in the context of claims of persecution based on economic harm, comparing Canada, New Zealand, and the United Kingdom, which interpret persecution in human rights terms, with Australia and the United States, which do not. (4) I found that despite de jure differences in the legal standard employed, all five countries applied de facto similar, strict, standard. …

Economic Sanctions Against Human Rights Violations

У статті розглядається вплив міжнародних стандартів у сфері захисту прав людини на діяльність Національної поліції України. Розкрито сутність «Десяти основних стандартів прав людини для правоохоронних органів», якими повинні керуватися у своїх діяльності працівники Національної поліції України, а також звернено увагу на найбільш поширені порушення прав людини з боку окремих працівників Національної поліції. Згідно з результатами дослідження Національна поліція України повинна неухильно дотримуватися стандартів у сфері захисту прав людини під час реалізації своїх функцій. Саме значне зростання рівня транснаціональної організованої злочинності, стрімка міграція населення у світі, відмінності у підготовці поліцейських кадрів у різних країнах призвели до необхідності впровадження єдиних міжнародних стандартів у діяльність Національної поліції України. Визначено, що у грудня 1998 року у Лондоні «Міжнародною Амністією» спільно з посадовими особами поліції та експертами з різних країн було розроблено «10 основних стандартів прав людини для правоохоронних органів».Дані 10 стандартів були розроблені для використання їх органами поліції як вихідної точки для розробки детальних положень щодо навчальних тренувань та моніторингу поведінки працівників поліції. Встановлено, що, непоодинокими є випадки перевищення працівниками Національної поліції України своїх повноважень, що призводить до порушення прав і свобод людини і громадянина.Імовірними причинами порушень є відсутність ефективного механізму контролю за дотриманням працівниками Національної поліції міжнародних стандартів прав людини, неефективність застосування норм права щодо притягнення працівників поліції до кримінальної відповідальності за порушення прав людини, що вимагає розроблення пропозицій, щодо удосконалення механізму контролю за дотриманням працівниками національної поліції України міжнародних стандартів прав людини.

Background: Every millennium, decade, and century, as well as every passing day, humanity wakes up with a dream of a ‘new world’, a world without wars and bloodshed. Despite this thousand-year-old dream, wars and their devastating consequences hang menacingly over humanity’s head like the sword of Damocles. For this reason, wars have been and will remain a key focus of researchers and philosophers. By studying the numerous causes and consequences of war, the necessary measures to guarantee security and peace worldwide can be determined. Although human society strides towards prosperity, the likelihood of war has not diminished but continues to threaten, with unparalleled ferocity, the existence of human life, peace, and security. The numerous agreements and treaties, both bilateral and multilateral, between different states have only temporarily avoided the outbreak of conflicts and wars. Therefore, the concepts of peace, defence, and the prevention of war remain at the centre of research today. Research works in these fields are geared towards a universal idea: ‘the protection of basic human rights’. Methodology: This paper’s research methodology involves analysing data on the role of the UN as a defender of freedom and human rights. To achieve this, an extensive literature review was conducted. The review covers literature sources in both Albanian and foreign languages, written by well-known authors and provides a large amount of information and thoughts on the topic under consideration. The authors of some of the used works include Thomas Hobbes, Jean Jacques Rousseau, Immanuel Kant, John Locke, Brian Tamanaha, Alexis Tocqueville, and Servet Pëllumbi. The research was conducted step-by-step and argument-by-argument using the logic of reasoning and the analysis of ideas. The relevant research works relate to the UN’s role as a provider and guarantor of human rights and freedom. Results and Conclusions: In the opinion of the UN, the concept of democracy is closely related to the concept of protecting peace, freedom, and human rights. This is also the reason why the UN cannot remain indifferent in the face of cases of violation of freedoms and human rights under the pretext of respecting ‘state sovereignty’. The UN is today’s most important and powerful organisation for protecting human freedoms and rights, world peace, and international security. Based on the above discussion, a democratic society is nothing but the result of new relations between the power and freedom of an individual. ‘Human rights and freedoms’ do not constitute a mere bureaucratic formula but a request of the people for the development of the society in which they live. They resemble a ‘spiral’ that has only ascended since various theorists first presented their ideas on ‘human rights’. Infringement on human rights would simultaneously mark the infringement and the end of democracy itself.

There is no doubt at this stage of the solid evolving global relevance of universal human rights in a complex global scenario like everyone faces today. The COVID-19 pandemic and lockdowns have produced, and are still causing, an overwhelmingly negative impact on the standard citizens’ lives. As drastic as it is, such affirmation is sustained in the serious deterioration in a considerable number of democracies around the world, but especially reflected in Latin America, a region of six hundred (600) million inhabitants (Werthein &amp; Abrantes, 2021). This research aims to assess the scope of the violation of individuals’ basic human rights caused by the COVID-19 pandemic administration in Latin American countries. Unreasonably extended lockdowns and other misleading and inappropriate measures implemented by different Latin American administrations have had unsurmountable and dramatic consequences for the region's inhabitants. Many Latin American governments have inadvertently put in place two (2) excluding options for their populations affected by the COVID-19 pandemic. It had to be either healthcare and fight against COVID-19, on the one side, or economic sustainability, on the other, but not the two (2) simultaneously. Losses of thousands of lives, economic devastation, thousands of business shutdowns, millions of job losses, and educational catastrophes have all affected essential freedoms and individuals’ basic universal human rights recognized by modern constitutions, including those in Latin America. As discussed, these are the resulting consequences of governments’ failure to build up necessary resources, be readily prepared to face catastrophes of this sort, and act with integrity and transparency in managing public funds. Both quantitative (i.e.numbers and statistics) and qualitative (i.e., secondary data) methodologies have been used to arrive at very relevant conclusions. Sustainable results of this research reflect how mismanagement of the pandemic, including corruption practices by certain Latin American governments, has led to catastrophic consequences in healthcare and the economic field.

Oil-Exploitation in Nigeria: Procedures Addressing Human Rights Abuses