The mandate of Zimbabwe Human Rights Commission in promoting and protecting the rights of persons with disabilities

BackgroundAlthough attention to human rights in Indonesia has been improving over the past decade, the human rights situation of persons with mental disorders is still far from satisfactory. The purpose of this paper is to examine the legal framework for protection of human rights of persons with mental disorder and the extent to which Indonesia's international obligations concerning the right to health are being met.MethodsWe examined the Indonesian constitution, Indonesian laws relevant to the right to health, the structure and operation of the National Human Rights Commission, and what is known about violations of the human rights of persons with mental illness from research and the media.ResultsThe focus of the Indonesian Constitution on rights pre-dated the Universal Declaration, Indonesia has ratified relevant international covenants and domestic law provides an adequate legal framework for human rights protections. However, human rights abuses persist, are widespread, and go essentially unremarked and unchallenged. The National Human Rights Commission has only recently become engaged in the issue of protection of the rights of persons with mental illness.ConclusionMore than legislation is needed to protect the human rights of persons with mental illness. Improving the human rights situation for persons with mental illness in Indonesia will require action by governments at national, provincial and district levels, substantial increases in the level of investment in mental health services, coordinated action by mental health professionals and consumer and carer organisations, and a central role for the National Human Rights Commission in protecting the rights of persons with mental illness.

Swinging the pendulum from 'a necessary evil' to 'the dignity of risk': Can new UN legislative guidance help to end psychiatric coercion?

The existence of regional human rights courts and commissions has been an essential element in the enforcement of international human rights in those regions of the world where such tribunals exist. In the specific area of mental disability law, there is now a remarkably robust body of case law from the European Court on Human Rights, some significant and transformative decisions from the Inter-American Commission on Human Rights, and at least one major case from the African Commission on Human Rights. In Asia and the Pacific region, however, there is no such body. Although the Association of Southeast Asian Nations (ASEAN) charter refers to human rights, that body cannot be seen as a significant enforcement tool in this area of law and policy. Some of the antipathy flows from past colonialism, and the feeling that human rights values are “Western values,” and some comes from the attitude that human rights mechanisms are a “threat to national sovereignty.” The lack of such a court or commission has been a major impediment in the movement to enforce disability rights in Asia. The absence of such a body has become even more problematic since the CRPD has been ratified. Without a regional enforcement body, it is impossible to be overly optimistic about the “real life” impact of this Convention on the rights of Asian and Pacific region persons with disabilities. This lack of optimism is furthered by the general lack of consumer involvement in mental disability treatment issues in Asia, and the serious mental health resource deficiencies in many Pacific Rim nations. As it is unlikely that an Asian regional human rights commission or court will be created in the near future, the creation of a Disability Rights Tribunal for Asia and the Pacific (DRTAP) would be a bold, innovative, progressive and important step on the path toward realization of those rights. It would also be a likely inspiration for a full regional human rights tribunal in this area of the world. This chapter briefly discusses the absence of human rights tribunals in Asia, and then considers the “Asian values” dispute, concluding that it leads to a false consciousness (since it presumes a unified and homogeneous multiregional attitude toward a bundle of social, cultural, and political issues), and that the universality of human rights must be seen to predominate here (here, I look at China as a case example). It offers a structural outline of a Tribunal, and finally explain why the creation of the DRTAP is timely, inevitable, and essential, if the UN Convention on the Rights of Persons with Disabilities is to be given true life.

The Quest for Information Privacy in Africa: A Review Essay

The presented article is devoted to the analysis of the basic principles of development, formation and activity of the institute of rhe Commissioner for Human Rights in the Republic of Peru. This Latin American state only 65 years ago took the democratic pass. Thirteen various constitutions were accepted in the meantime, and only the last constitution of 1993 could proclaim really democtratic principles of a state regime. The constitution recognizes a wide range of personal, socio-economic and political rights and freedoms of individuals. One of the guarantees of their implementation in practice is establishment of the institute of the Commissioner for Human Rights (in the Peruvian legislation referred to "The defender of the people" [Defensor del pueblo (spanish)], which is regulated by chapter 11 of the Political Constitution of 1993, and also by the Organic Act on the Human Rights Protection Agency № 26520 of August 4, 1995. The represented article analyzes the role and the significance of the institute of Human Rights Commissioner in the Republic of Peru on the basis of Peruvian organic legislation. The research paper investigates the procedure for forming this institution, demonstrates the process of electing the Commissioner for Human Rights as well as the appointment of his two deputies. Particular emphasis is laid upon the scope of the Ombudsman's responsibility and his cooperation with other state authorities in the Republic of Peru, including National Congress, along with the value of annual and emergency reports of Human Rights Commissioner to the State's legislative Authority. Special attention is paid to the procedure of consideration of citizen' complaints by the Human Rights Protection Agency. Annually the Commissioner for Human Rights submits the report on activities over the expired year to the Members of Congress, published in the official publication "El Peruano", which contains the report on the number and type of the received complaints, the results of the investigations as well as taken measures and sanctions.

Armed Conflict and Human Rights in Colombia

At the present stage of their development the Ukrainian society and the state are characterized by their pursuit to provide maximum realization of human and civil rights and to create a full-scale civil society. Obviously, in this context, a significant attention is paid to the human rights in Ukraine, however there is insufficient research systematically conceptualizing the human rights employing philosophical and legal instruments and methodology. The author highlights that particular attention in the mechanism of organizational and legal remedies is paid to judicial and extrajudicial protection of human and civil rights. In accordance with the Article 55 of the Constitution of Ukraine the judicial protection of human and civil rights is maintained through the system of general jurisdiction courts of Ukraine. The state ensures the right of every person to appeal in court against any decisions, actions or inactivity of the state bodies, local self-government bodies and government officials that violate human and civil rights. In case of exhausting all remedies of his/her rights and liberties protection in national courts the person can appeal to the international courts, e.g. to the European Court of Human Rights. At present, Ukraine holds the third position in the number of its citizens’ appeals to this distinguished international legal institution. Every person is able to appeal to the extrajudicial institutions authorized to protect the constitutional human and civil rights and liberties. In Ukraine there is a special body for this purpose — the Ukrainian Parliament Commissioner for Human Rights, whose activities are determined by the Law of Ukraine «On the Ukrainian Parliament Commissioner for Human Rights» of 23 December, 1997. In case when all extrajudicial remedies of human rights protection are exhausted, a person has the right, guaranteed by the Constitution of Ukraine, to appeal to the international human rights organizations (Art. 55). In terms of the current theory and practice of guaranteeing the constitutional human and civil rights, together with the national regulatory, organizational and legal guarantees, it is worth to distinguish the international guarantees of the constitutional human and civil rights and liberties in Ukraine. The special international legal guarantees of the human and civil rights and liberties are usually divided into regulatory and institutional ones. Key words: human and civil rights and liberties, constitutional state, national legal doctrine, international law, imitation of human rights, constitutional and legal mechanism for ensuring human rights and liberties.

This article considers case law where the courts have held that the South African Human Rights Commission does not have the power to make a definitive finding that a right has been violated, or issue binding directives to remedy a violation of human rights. It is argued in this article that these decisions cannot be faulted as it was not the intention of the constitutional drafters to create a Commission with binding powers. It is also not a requirement in terms of the international framework for national human rights commissions to have binding power. Furthermore, where foreign jurisdictions have sought to provide binding power to its human rights commissions, it has explicitly awarded such binding power either in the constitutional text or in the enabling legislation. This article argues that the Commission must use its soft power to establish respect for human rights and a culture of human rights, and should not adopt an adversarial approach. The Commission should therefore enter into dialogue with the relevant parties where it concerns the alleged violation of human rights, and the relevant parties would have an obligation to participate in this dialogue in protecting the integrity and effectiveness of the Commission.

Introduction B.G. Ramcharan I. The Protection Role of the Australian Human Rights Commission The Hon. John von Doussa, Q.C. II. The Protection Role of the Danish Human Rights Commission Morten Kjaerum III. The Protection Role of the Fiji Human Rights Commission Dr. Shaista Shameem IV. The Protection Role of the Ghana Human Rights Commission Anna Bossman V. The Protection Role of the Indian Human Rights Commission Justice (Dr.) A.S. Annand VI. The Protection Role of the Mexican Human Rights Commission Dr. Jose Luis Soberanes Fernandez VII. The Protection Role of the Nepalese Human Rights Commission Nayan Bahadur Khatri VIII. The Protection Role of the Northern Ireland Human Rights Commission Prof. Brice Dickson IX. The Protection Role of the Philippines Human Rights Commission Dr. Purificacion C.V. Quisumbing X. The Protection Role of the Uganda Human Rights Commission Justice Margaret Sekaggya XI. National Institutions and the Protection of Economic, Social and Cultural Rights Orest Nowosad Conclusion B.G. Ramcharan Select Bibliography Principles Relating to the Status of National Institutions (The Paris Principles) Annex I: General Comment No 10 of the Committee on Economic, Social and Cultural Rights (CESCR): The Role of National Human Rights Institutions in the Protection of Economic, Social and Cultural Rights Annex II: Report of the Office of the High Commissioner for Human Rights to the 56th Session of the Commission on Human Rights (2000).

Exploring human rights

The article discusses legal basis for organizing the activities of the Ombudsman (Commissioner for Human Rights in Russian Federation) with the penitentiary system in the field of ensuring human rights, makes a structural analysis of the subject of incoming appeals to the Commissioner for Human Rights in Russian Federation, and also highlights the main areas of interaction in the field of ensuring human rights. In connection with the humanization of criminal and criminal-executive policy of Russia, the number of convicts has significantly decreased, material and household and medical support has improved, etc. As of August 1, 2020, 496 791 people were kept in the institutions of penitentiary system. (minus 27,137 people compared to 01.01.2020). At the same time, some problems regarding the protection of rights of suspects, accused, and convicted persons in the penal system continue to exist. The search for ways to improve penal system, its social reorientation and humanization determine the appeal to a new type of control over the observance of rights and legitimate interests of both convicts and employees of Federal Penitentiary Service of Russia - the institution of Ombudsman in Russian Federation, since problems related to observance of human rights in this area can accumulate for a long time, however, negative consequences of their non-resolution will further affect society and the state as a whole. The interaction of the Commissioner for Human Rights in Russian Federation and the penal system is manifested primarily in the field of ensuring human rights.

In the conditions of dynamically developing public relations, the coordinated work of human rights institutions is unthinkable without improving the legislation regulating the institution of the Commissioner for Human Rights. In this article, the problems of legal regulation of the status of the Commissioner for Human Rights in the Russian Federation. The practical significance of the study lies in the discovery of the shortcomings of the existing norms governing the legal status of the Commissioner for Human Rights in the Russian Federation, as well as the procedure for appointing and dismissing him from office. This topic is of particular relevance, since the Constitution of the Russian Federation clearly establishes that the observance and protection of human and civil rights and freedoms is the responsibility of the state, an important role in which is assigned to the Commissioner for Human Rights as a guarantor of ensuring state protection of the rights and freedoms of citizens, their observance and respect by state bodies, local self-government bodies and officials.

According to the general Census of Population conducted in December 2003, the Central African Republic population is 3 895 139 million. According to this Census of Population, Persons with disabilities are 50 636, that is 1,3 % of the total population; the most prevalent forms of disabilities include partial paralysis, sensory disabilities such as deaf. The Central African Republic signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD), as well as its Optional Protocol on 11 October 2016. The CRDP was ratified on 11 October 2016 by the Central African Republic government. The Constitution of the Central Africa Republic contains no provision dealing directly with disabilities. The term disability does not openly appear in the Constitution. Nevertheless, the Constitution provides for the right to equality for all, including persons with disabilities. The rights to employment, education, etc, for all, are also guaranteed by the Preamble on the Constitution. The Central African Republic has numerous pieces of legislation that directly address disability. The key ones are Law N°00.007of 20 December 2000 on the promotion and the protection of the rights of persons with disabilities, which has not yet been ratified, the decree N°02.205 of 06 August 2002 that instituted application measures of Law N°00.007of 20 December 2000. The policies that directly address persons with disabilities are: (1) the national policy and its action plan; (2) the national policy of social welfare and its action plan; and (3) the national strategy on the protection of vulnerable children and the national policy on protection of children as well as its action plan including programmes affecting directly people with disabilities.Other than ordinary courts or tribunals, the Central African Republic has no official body that specifically addresses the violation of the rights of people with disabilities. However, on 28 June 2017 the government established a national Human Rights Commission which has to be autonomous, neutral and endowed with a legal entity. It also enjoys administrative, technical and financial autonomy and independence of action. While waiting for the effectivity of the Human Rights Commission, its mandate is discharged by the National High-Commission for Human Rights of Central African Republic. The Central African Republic also has a Human Rights Federation which organises actions on the promotion and protection of persons with disabilities. There are numerous organisations that represent and advocate for the rights and welfare of persons with disabilities in the Central African Republic. They include l’Association Ministère d’Evangélisation; Ensemble pour la Promotion et l’Insertion des Personnes Handicapées; and l’Association Nationale la Main des sourds Muets pour le Travail et le Développement de Centrafrique. In the Central African Republic, the Ministry of National and Higher Education; and the Ministry of Family, Social Work, and National Solidarity are involved in promoting and protecting disability rights. Persons with disabilities in this country face many problems such as the lack of doctors specialised in re-education and rehabilitation. Where access is concerned, persons with disabilities have difficulties in accessing public buildings, public transport, education, vocational training, healthcare, employment justice and other social structures, in practice, very little is done to ensure access for persons with disabilities. The Central African Republic government should strengthen and speed up the implementation of its national policies and programmes for the implementation of disability rights. It should increase the promotion of disability rights especially in the rural areas.

National Human Rights Commission is positioned as an independent state institution at the same level as other state institutions which in carrying out its functions and authorities stand on a par with other state institutions whose authority is granted by law. Although vertically it has an equal position with other state institutions, in carrying out its functions, duties, and authorities, this commission must report to the President and the DPR. Article 18 Paragraph (1) Law Number 26 of 2000 concerning the Human Rights Court states that investigations into gross human rights violations are carried out by the National Human Rights Commission. In carrying out its duties, National Human Rights Commission has the authority to receive reports or complaints from a person or group of people regarding the occurrence of serious human rights violations. Police in Article 2 Law Number 2 of 2002 which is the function of the state government in the field of maintaining security and public order, law enforcement, protection, shelter, and service to the community. If a criminal case occurs later the handling of the case is carried out by the police with the authority of investigation by the Police because it is considered an ordinary crime, but at the same time the case is also investigated by the National Human Rights Commission as a crime against humanity which is part of the National Human Rights Commission. human rights violations. Therefore, related to this condition, a struggle for authority may occur due to differences in the interpretation of the crime which then causes the National Police and National Human Rights Commission to declare authority to each other. The authority dispute between the National Police and National Human Rights Commission then could not be resolved within the executive government because National Human Rights Commission is not a state institution under the President, nor can it be resolved through the Constitutional Court as referred to in Article 24C paragraph (1) of the 1945 Constitution because the object of authority disputed by the two state institutions is powers granted by law.

American College of Physicians Ethics Manual: Seventh Edition (Spanish Version).