Economic Rights Research Articles

A Human Right to Science: Inadequate without Participation in Science? Human Rights as a Governance Tool in Scientific Fields

ABSTRACT This article demonstrates how participation in science and protection from risks of harm resulting from science fall within the scope of the International Covenant on Economic, Social and Cultural Rights (ICESCR) Article 15(1)(b), despite not being explicitly included in its wording. General Comment 25 on science and economic, social and cultural rights, adopted in 2020, has clarified this right to enjoy scientific progress and its applications and the derived obligations. The scholarly debate in the subsequent years shows that there are still diverse understandings of the scope of this underresearched and non-implemented human rights. The core elements involved in ensuring this right include access, protection, participation, freedom, and an enabling environment. The obligations specified in Article 15, Article 2(1) and Article 4 of the ICESCR enable fruitful exchanges between human rights, regulatory bodies, and science communities, implying that human rights can be a governance tool when considering introducing new technologies.

Perlindungan Hukum Hak Cipta Terhadap Pemutaran Lagu dalam Live Music Performance Perspektif Undang-Undang Hak Cipta dan Hifz Al-Mal di Kafe Purwokerto

Purwokerto has several cafes that use live music to attract customers. In live music, the performers present other people's songs in public with commercial purposes or to seek profit from the song. On the other hand, there are regulations governing the use of other people's creative works. The purpose of this study is to determine the procedure for playing songs at live music performances in cafes in Purwokerto and how the legal protection for playing songs in live music in cafes in Purwokerto is from the perspective of Copyrights Act and hifz al-mal. This study uses an empirical legal approach to analyze the cafe's compliance with economic rights in copyright. The type of research is field research. The results of the study indicate that copyright infringement is more relevant and serious in the context of large concerts that have a significant financial impact, where the use of songs without permission can substantially harm the copyright owner. In contrast, live music performed in cafes with minimal income and driven by humanitarian intentions to entertain or support the community is not considered a significant copyright infringement from a humanitarian perspective and the principle of hifz al-mal. This is due to its small financial impact and underlying good intentions, however, efforts are still needed to respect copyright in the long term in accordance with the principles of justice and protection of property in Copyrights act and hifz al-mal.

The role of international law in promoting and enforcing the rights of persons with disabilities

ABSTRACT International human rights apply to all persons. These are not only meant to protect all humans from discrimination, and inhuman, degrading, and cruel treatment, but also enforce humans’ civil, political, social, economic, and cultural rights. This study aims to focus on the role of international law in protecting the rights of persons with disabilities and unfolding their rights. The study found that international law has some transparent and clear standards for protecting the rights of people with disabilities compared to other people. However, the challenges are related to the enforcement of these standards and the enactment of treaties, binding to all the member states without interfering with their sovereignty. The study recommends that the international legal system should first be able to make sure that the language of rights is comprehendible for all the state parties and that they are properly briefed about the required change through change in the legal regime. Because, member states are not inclined to give up their norms, culture, and beliefs. This transformation will be achieved by first creating understanding and then implementing it.

Economic and political freedoms as indicators for determining the political regimes of today

Economic and political freedoms are often used as key indicators to classify types of political regimes. These freedoms, which include freedom of speech, freedom of the press, and economic freedoms such as freedom of business and freedom of trade, significantly affect how a country is perceived as a democracy or an autocracy. Democracies are typically characterized by high levels of these freedoms, allowing open expression and market regulation that encourages competition and fair trade. In contrast, autocratic regimes often impose restrictions on both speech and economic activity, limiting the scope of political discourse and centralizing economic control. These freedoms not only reflect, but also shape the political landscapes of modern states. The synthesis of freedoms with political governance not only determines the internal dynamics of nations, but also affects their relationships on the global stage. Ensuring the development and protection of these freedoms is of paramount importance to the development of stable, prosperous and just societies around the world. Economic and political freedoms are the foundation of democratic government and are essential to the personal and economic well-being of citizens.The purpose of the work is to conduct a study of the influence of the scope of economic and political rights and freedoms on the formation of the political regime in the country. The object of the research iseconomic and political freedoms as key criteria for the classification of types of political regimes. The subject of the research is social relations that arise, change and cease in the process of consolidation and implementation of economic and political rights and freedoms and their influence on the formation and functioning of democratic and autocratic political regimes. Research methodology includes methodological approaches (active, systemic, comparative, axiological), general scientific methods of thinking (analysis, synthesis, abstraction, generalization), philosophical (dialectical, metaphysical, hermeneutic, epistemological), general scientific (historical, synergistic, functional, structural) and specifically scientific (formal-legal, comparative-legal) methods. As a result of the study, problematic issues related to the problem were analyzedwith the realization of economic and political freedoms as key indicators of the country's political regime, which significantly affect the trajectory of its development and international position.

Justice-Based Regulation: A New Paradigm in Copyright Protection

Copyright, as a special right of creators, develops automatically under the declarative value once a work is happened in a physical form, with certain limitations as prescribed by law. This study investigates the current limitations in legal protection for copyright owners and proposes a justice-based regulatory framework. The research is structured around three central questions: 1) Why does the existing legal framework for copyright protection fail to deliver justice for copyright owners? 2) What are the essential shortcomings in the current regulations? 3) How can these values be restored to safeguard justice-based protection? Engaging a constructivist paradigm and a sociological legal method, this research utilizes socio-legal methods, including expressive analysis of both primary and secondary data. Data collection was conducted through literature reviews and field studies, with qualitative methods applied to analyse the findings. The study reveals substantial gaps in the current legal framework, particularly within Articles 1, 8, and 9 of the Copyright Law, which ineffectively safeguard the rights of copyright owners. These deficiencies are exacerbated by the widespread misuse of artificial intelligence technologies that modify original works, undermining the economic rights of creators. The analysis finds three main areas of weakness: legal substance, legal structure, and legal culture. The current legal provisions are ineffective in practice, implementation mechanisms are flawed, and societal attitudes towards copyright are driven by pragmatism, leading to frequent violations and unfair royalty distribution. To address these issues, the study recommends a comprehensive modernization of the legal framework, focusing on value and normative modernizations. Key proposals include amendments to the Copyright Law No. 28 of 2014 and Government Regulation No. 56 of 2021 to establish a more equitable and justice-oriented system for copyright protection.

Analysis of the Challenges and Dilemmas in the Categorization of Economic, Social and Cultural Rights

This paper discusses the limitations associated with the basic classification of human rights into several categories. The topic of whether international trends have an impact on the State's view of the significance of implementing rights through the acceptance of individual complaint procedures is a complex one. Starting with an acknowledgment of the infinite extent of the issue, this paper displays a belief in the fallacious conceptions of differences in human rights. It investigates and assesses the institutional contribution to the advancement of human rights through a chronological analysis of historical processes that give rise to changes in the 20th century. To address this particular distinction, this paper looks to the 1993 Vienna Declaration and Program of Action and the new Optional Protocol for validation and endorsement. By highlighting many similarities in the language and nature of State responsibilities, it challenges the reader to consider whether non-justiciability provides a basis in the first place. The purpose of this paper is to investigate the function of dispute resolution mechanisms during the implementation phase. From a practical standpoint, it compels the reader to contemplate if the committee procedures outlined in international conventions serve just as symbolic representations of non-cooperation by States or are put into effect. This paper ultimately presents the reader with some thought-provoking material in the shape of the dichotomy between enforcement and justiciability.

Elderly Victimization in the Context of Witchcraft Accusations and Persons Accused of Witchcraft Practices Living Within the Gambaga Witches’ Camp: Understanding of Human Rights

The practice of sociocultural belief systems in Ghana such as witchcraft accusations leads to situations where some elderly people in the northern part of Ghana are likely to be victimized based on sociocultural belief systems. Persons accused of witchcraft practices can be denied some of their basic fundamental human rights. The lack of a clear understanding of human rights standards among many rural folks, especially in a rural part of Northern Ghana, makes many people consider accusations of persons suspected of witchcraft practices as a non-abuse of victims’ human rights when persons accused of witchcraft are encamped in witches’ camps. Hence, this study sought to explore the accused persons of witchcraft practice’s understanding of human rights and how their conceptualization of human rights has led to elderly victimization based on sociocultural practices regarding witchcraft accusations. The study employed a qualitative method where 37 participants were selected consisting of persons accused of witchcraft practices living within the Gambaga witches’ camp. A thematic approach was used in the data analysis. The study found that accused persons of witchcraft practices have a distinctive understanding of human rights, which they conceptualized to include social and cultural rights, economic rights, civil and political rights and legal rights and missed out on the civil and political aspects of human rights. The study found that the accused persons’ lack of understanding of the civil rights concept of human rights made most of the persons living within the Gambaga witches’ camp to be victims of torture, undergo forced labour, lack their right to protection, gender discrimination and slavery within the camp. The study recommended that traditional leaders should engage in community dialogues that facilitate open and inclusive community dialogues to discuss the negative impact of witchcraft accusations on individuals and the community as a whole.

Economical rights versus God’s rights: criticising of the implementation Shariah economic in Indonesia

PurposeThis study aims to evaluate the impact of Law No. 11 of 2018 on Islamic Financial Institutions in Aceh, Indonesia. It also aims to understand the balance between the economic rights of individuals under Shariah law and the broader concept of God’s rights, as interpreted by this legislation. In addition, the research argues that the implementation of Law No. 11 of 2018 is untimely, with a focus on examining its influence on the cumulative abnormal return (CAR) of Shariah banks and its slight contribution to the direct economic impact.Design/methodology/approachThis study adopts a mixed-methods approach that integrates qualitative and quantitative analyses. The qualitative aspect uses a black-letter law approach for legislative scrutiny, whereas the quantitative aspect assesses economic indicators and firm performance using an event study analysis. The study also includes a two-tailed assessment to test hypotheses related to the law’s direct impact on institutional performance.FindingsThe study reveals that Law No. 11 of 2018 had minimal impact on national-scale corporate performance and a notable increase in poverty indices in Aceh, indicating a potential misalignment between the law’s intention and its economic consequences. The results also show the law’s ineffectiveness in significantly influencing the CAR of Islamic banks, highlighting a clash of norms and a lack of substantial economic substance in the implementation of Shariah compliance.Research limitations/implicationsThis research is geographically and legally focused on Aceh, Indonesia, with a short-term analysis that may not fully capture the long-term impacts. It primarily considers the stock price performance of specific institutions for quantitative analysis and identifies potential clashes and disharmony-in-law implementation from a qualitative perspective.Practical implicationsThe findings suggest the need for legal frameworks that better comply Shariah principles with economic realities. Regional governments should consider modifying policies to balance religious values and economic objectives.Social implicationsThis research highlights the importance of balancing religious obligations with economic rights, indicating that strict interpretations of religious law can lead to adverse socioeconomic effects.Originality/valueThis study is unique in its comprehensive analysis of the convergence between religious law and economic rights, offering insights into the challenges faced in implementing Shariah-based economic policies in diverse economies, such as Indonesia.

Violation of Economic, Social, Cultural, and Environmental Rights as Seen Through the Eyes of Displaced Women in the Northern Zone of Colombia.

Forced displacement results in social inequalities negatively affecting the well-being of displaced women. Addressing the economic, social, cultural, and environmental dimensions of their vulnerability is crucial. This article examines the perspectives of 59 displaced women in informal settlements in northern Colombia on violations of their rights. Interpretative phenomenological analysis reveals economic hurdles, such as limited access to decent work and workplace discrimination. Social barriers, like stigmatization and discrimination, impede integration and access to essential services. Despite challenges, increasing awareness and implementing inclusive policies can enhance the living conditions of displaced women.

Assessing the Fulfillment of Transwomen Sex Workers’ Social, Cultural, and Economic Rights in Yogyakarta: A Capabilities Approach-Based Study

Transwomen community in the Special Region of Yogyakarta (Yogyakarta) faces distress in obtaining their social, cultural, and economic rights as part of the society. The stigma attached to them as non-conforming in the midst of Indonesian people with a majority of binary genders causes discrimination. It becomes difficult for them to access healthcare services, deal with civil registration matters, and getting proper job opportunities that often leads many of them to end up as sex workers. Although those rights should be guaranteed by the state. This research aims to analyze the implementation of equality principles based on Nussbaum’s capabilities approach theory by examining the fulfillment of the transwomen sex workers’ social, cultural, and economic rights in Yogyakarta. In-depth interview method is used for collecting empirical data. While data analysis is done through a case study approach. It is concluded that the social, cultural, and economic rights of transwomen sex workers in Yogyakarta have not been fulfilled thoroughly since only the capabilities of life, bodily health, senses, imagination, and thought, emotions, practical reason, affiliation, and other species are fulfilled. However, control over one’s environment in political context, bodily integrity, and play capabilities were not.

Implementasi Pendekatan Jurimetri dalam Penyelesaian Sengketa Hak-Hak Perempuan dalam Putusan Cerai Talak

The divorce gives rise to rights and obligations, especially women's economic rights after divorce, namely iddah, mut'ah and madhiyah livelihood. Judges in determining the amount of alimony still vary and there are no standard rules and methods so that judges can guide them in determining the value of alimony for wives as a result of divorce which reflects propriety and justice. The author will put forward the idea of ​​the jurimetric method as a mathematical analysis method related to determining the amount of iddah, mut'ah and madhiyah maintenance for wives after divorce. The aim of the research is to analyze the application of the jurimetric approach in resolving disputes over women's rights in divorce decisions for talak at the Gedong Tataan Religious Court and the Sukadana Religious Court and to analyze the perspective of maslahah al mursalah and the theory of justice towards the implementation of the jurimetric approach as a method for determining the amount of women's rights in decisions divorce. This research is normative legal or normative juridical research which is descriptive analytical in nature. The application of jurimetry in determining the amount of women's rights in divorce and divorce decisions regarding 'iddah, mut'ah and madhiyah income, is carried out by collecting empirical data which is then expressed in variables. Jurimetry is a tool to interpret norms for the sake of realizing justice. By applying a jurimetric approach in determining the amount of 'iddah, mut'ah and madhiyah income, it has fulfilled procedural justice and distributive justice and fulfilled maslahah al-mursalah.

Reviewing the Regulatory Text on Social and Economic Rights

Reviewing the Regulatory Text on Social and Economic Rights

An Ethical Critique of the Sexist Mining Myths and the Gender Factor in the Extractive Industry of Southern Africa

The extractive industry is an economic venue with enormous potentialities for men and women in Southern Africa particularly, DRC, Zambia, Malawi, Zimbabwe and South Africa. This part of the African Continent is flourishing with mineral resources in which women participate in different capacities. The contrast here is that of the increased number of women in this industry as opposed to the decline of social and economic wellbeing of women on account of gender based violence and many other oppressions against them. These dehumanising activities against women are fuelled by cultural and sexist mining myths from male peers reinforcing gender disparities. Thus, from an ethical perspective, the present study analyses cultural and sexist myths, deconstructing their patriarchal foundation and valorising women’s human agency and rights within the extractive industry. It is contended that women can contribute to the economic growth of the mining industry in Southern Africa provided that public institutions insure gender parity in the industry. In different levels, a response will be provided to the question: How can the cultural and sexist mining myths be ethically engaged to valorise women’s human agency and rights within the Southern Africa Extractive Industry? In response, this paper critically assesses the cultural basis of sexist myths from a perspective of feminist ethics, proceeding by deconstructing the patriarchal foundation of these myths and affirming women’s experience based on their human and economic capabilities. The present study proposes to contribute to the ethical discourse on gender parity, and the pursuit of women’s social and economic rights in the Extractive Industry.

PENGATURAN PEMBUKTIAN TERBALIK TERBALIK DALAM UNDANG-UNDANG KORUPSI

The criminal act of corruption not only harms state finances, but also constitutes a violation of the social and economic rights of society at large, so that the criminal act of corruption needs to be classified as a crime whose eradication must be carried out in an extraordinary manner, to further guarantee legal certainty, avoid diversity of legal interpretations and providing protection for the social and economic rights of the community, as well as fair treatment in eradicating criminal acts of corruption. The statutory regulations that regulate criminal acts of corruption are Law no. 28 of 1999 concerning the Administration of a State that is Clean and Free from KKN, Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 concerning Eradication of Corruption Crimes, Law no. 30 of 2002 concerning the Corruption Eradication Commission, and finally with the ratification of the United Nations Convention Against Corruption, 2003 (United Nations Convention Against Corruption, 2003) through Law no. 7 of 2006. The theories used to support the preparation of this book are the Theory of the Rule of Law, the Hierarchy Theory of Legal Norms, the Theory of Authority, the Concept of Corruption and Corruption Crimes and the Concept of Reverse Evidence. The approaches used in preparing this book are: statutory approach, conceptual research approach, case approach. Legal Materials use primary legal materials, in the form of secondary law and other legal materials. Primary legal materials include court decisions that have permanent legal force and laws related to corruption. Secondary legal materials are books, unpublished scientific works, journals and newspapers. Other legal materials are internet sites regulating the reverse evidence system in the provisions of Article 12B of Law Number 20 of 2001, Articles 37, 37A and 38B of Law Number 31 of 1999 in conjunction with Law No. 20 of 2001 and the Criminal Procedure Code. is limited or balanced, and uses a negative proof system according to law (negatief wettelijk overtuiging). The Public Prosecutor is still obliged to prove his charges. In the future, it is necessary to carry out an evaluation of the regulation of Corruption Crimes, it is necessary to strictly regulate the substance of the legal system of reverse evidence so that its application can be implemented effectively and is not just a rule contained in the norms.

Ideas for Civil Society and Association through the Prism of Public Law

The need for association and cooperation in its primary forms is existentially determined, embedded in the human psyche and morality before it becomes a rationally realized expediency and long before it becomes a right. The right of association is a fundamental right referred to in the group of political rights and freedoms, economic rights, and personal rights. This right combines the liberal idea of individual freedom with the collectivist idea of uniting the efforts of more people to achieve certain goals; exercising the right of association is an expression of free will. The principle of solidarity is exploited by hegemonic state doctrines and governments – communitarian, totalitarian, religious-fundamentalist, nationalist, modernizations, which call for the solidarity of tolerating restrictions, the renunciation of freedom in the name of certain collective goals, as well as in the doctrines and practices of revolutionary violence. The Code of Administrative Procedure provides wide participation of organizations in the various proceedings, both before the administration and in judicial administrative cases.

Legality of Broadcasting Rights Holders against the Prohibition of Watching With MNC Group at the 2024 U23 Asian Cup

This paper discusses the legality of broadcasting rights holders related to the no-watch together policy imposed by MNC Group at the 2024 U23 Asian Cup. The main focus of this paper is to analyze the conflict between legally protected broadcasting rights and binge-watching activities that are popular with sports fans. The research method used is a normative juridical approach with reference to copyright, broadcasting rights, and economic rights law. Data was obtained through literature studies and analysis of related information. The results of the study show that the ban on watching together imposed by MNC Group invites attention to the balance between the rights of broadcasting rights holders and the public interest, especially in the context of sports entertainment. This paper is expected to contribute to a further understanding of the legal and policy dynamics in the broadcasting rights and sports entertainment sector in Indonesia.

DEVELOPMENT OF TRADE UNION ORGANIZING AS A HISTORICAL LEGACY AND A CONSTITUTIONAL RIGHT

Throughout history, trade union organization has undergone significant reforms and changed as the organization of the state itself has changed. Trade union organization went through three historical phases: the phase until the nineteenth century, the phase from the nineteenth century to the middle of the twentieth century, and the final phase in the twenty-first century. Trade union organization followed the organization of the first states, through which workers defended their labor rights under primitive conditions in a primitively organized way. The first modern forms of trade union organizing were experienced in the territory of the United Kingdom, which is also considered the forerunner of trade union organizing. The right to organize a trade union, although today one of the fundamental collective rights, is increasingly becoming the subject of discussions and dilemmas, whether this right is really necessary in labor relations and, in the end, in constitutions of a large number of countries, as a promotion of economic and social rights. The paper could be divided into three parts, firstly the authors want to define the historical development of trade union organization, the process of developing in the countries of the world, what are the key historical moments in which this right made and contributed to “a quality more” in labor relations, and which were the first laws-constitutions that provided for this fundamental right today. The second part of the paper refers to the current normative legal situation in the Republic of Serbia regarding trade union organization and specifically trade union rights. The third part actually represents the main purpose of the paper, which is to point out some potential problems in the twenty-first century that union organizing in the international community is facing.

Pemenuhan Hak Atas Pekerjaan Dan Penghidupan Yang Layak Dalam Negara Yang Mengalami Krisis Ekonomi

Introduction: The economic crisis that occurred in Sri Lanka was due to the accumulation of foreign debt that could not be paid, resulting in high inflation in the country. State conditions like this have had an impact on the inability of the state to meet a decent standard of living for Sri Lankan citizens and the neglect of the rights to work of Sri Lankan citizens. Which of these rights have been regulated and have been recognized and respected through the provisions contained in the International Covenant on Economic, Social and Cultural Rights (ICESCR).Purposes of the Research: To find out the arrangements regarding the fulfillment of the right to work and a decent living by the state based on the International Covenant on Economic, Social and Cultural Rights (ICESCR).Methods of the Research: This type of research is normative juridical, where the research is carried out by collecting primary, secondary and tertiary data obtained using library research. The legal material that has been collected is analyzed qualitatively which breaks it down systematically based on legal disciplines to achieve clarity of the issues to be discussed.Results of the Research: The results of this study show that the right to a decent life and the right to work have actually been regulated, respected and recognized and protected in the provisions of ICESCR article 11 paragraph 2 of the ICESCR which states that "the fundamental right of everyone to be free from hunger" ( the basic right of everyone to be free from hunger) and article 7 of the ICESCR which regulates the right of everyone to enjoy work, so that these rights must be fulfilled as a form of respect for human rights. The economic crisis that occurred in Sri Lanka which had an impact on the non-fulfillment of the rights to a decent life and the right to work is an act or an act of non-fulfillment of human rights related to these rights which in principle constitutes a violation of human rights, so that events or this situation, the Sri Lankan government in various ways or efforts continues to take strategic steps to be able to overcome the economic crisis that is currently happening in Sri Lanka.

PROTECTION OF HUMAN RIGHTS AND ENSURING SOCIAL JUSTICE - A UNITED NATIONS PERSPECTIVE

Social justice is a concept that evolved through industrial revolution and with the advent of socialist views on the organization of the society. The concept has its roots in Anglo Saxon political culture which dominated in 10th century. It does not find place in the Bill of Human Rights which comprised the Universal Declaration of Human Rights which was adopted by the General Assembly in 1948 to ensure fundamental human rights for all and the two Covenants adopted in 1966. Whereas Human Rights are inherent rights that one has because one is human. The Preamble of the Universal Declaration of Human Rights states that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Human rights and social justice are not synonymous and are two different concepts but they are closely linked. The Universal Declaration of Human Rights includes economic, social and cultural rights such as the right to health, security in the event of unemployment, and education. In 1966, these rights were brought into the International Covenant on Economic, Social and Cultural Rights (ICESCR), part of the International Bill of Human Rights. With this The Vienna Declaration and Programme of Action affirm that Human rights education should include peace, democracy, development and social justice, as set forth in international and regional human rights instruments, in order to achieve common understanding and awareness with a view to strengthening universal commitment to human rights. Thus, social justice is based on the concept of human rights and equality and can be defined as the way in which the human rights are manifested in the lives of people at various levels of society. This paper analyses the concept of social justice & human rights from the UN perspective.

Globalization and its role in activating human economic and social rights

Globalization and its role in activating human economic and social rights