Enforcement Of Rights Research Articles

HUMAN RIGHTS OF PERSONS WITH DISABILITIES: INDIAN PERSPECTIVE

The human rights of persons with disabilities (PWDs) are integral to the global agenda for equality and justice. The adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) marked a transformative step towards acknowledging the rights of PWDs worldwide. However, despite international recognition, the realization of these rights remains inconsistent, particularly in developing countries like India, where socioeconomic challenges further hinder accessibility and inclusion. The objectives of the paper are to examine the national human rights frameworks concerning PWDs, to identify key barriers faced by PWDs in accessing their rights and propose solutions, to assess the challenges and opportunities for enforcing disability rights in India. The literature highlights that despite the CRPD’s widespread ratification, the enforcement of disability rights varies significantly across regions. In higher-income countries, more comprehensive systems support PWDs through inclusive education, healthcare, and employment. In contrast, in developing countries like India, the implementation is constrained by socio-economic factors, inadequate infrastructure, and limited awareness. Indian literature, in particular, discusses the advancements made through the Rights of Persons with Disabilities Act (2016) but emphasizes the need for greater enforcement and societal change to address pervasive stigma. The current paper focuses on several studies on human rights of persons with disabilities. To examine the aforementioned objectives, the necessary secondary data is collected from both published and unpublished sources. To improve the study, books, journals, and seminar papers, content analysis, newspapers, publications, and websites are used. The findings reveal that globally, countries with robust social protection systems exhibit better outcomes in securing disability rights. In India, despite progressive legal frameworks, PWDs face significant barriers in education, employment, and healthcare due to insufficient infrastructure, stigma, and poverty. Enforcement of rights is hindered by bureaucratic inefficiencies and resource constraints. The study suggests that governments should strengthen the enforcement of disability rights through legal reforms, capacity-building for public institutions, and targeted advocacy campaigns. In India, the focus should be on improving infrastructure accessibility, increasing public awareness, and ensuring stricter enforcement of legal protections.

Copyright as an Access Right: Concretizing Positive Obligations for Rightholders to Ensure the Exercise of User Rights

Abstract The legal frameworks that govern access to information are essential for safeguarding a sustainable, creative ecosystem. Institutions, such as libraries, research organizations, educational and other cultural heritage institutions, are gateways to diverse collections of scientific production, media and other cultural artefacts. Enabling access to creative works requires careful balancing of the interest of creators, producers of information, publishers and users of that information. While copyright law has traditionally recognized that rightholders enjoy exclusive rights, courts have only recently emphasized that users of works must also enjoy rights, which better reflects that copyright is based on a social contract with reciprocal obligations. This study explores what positive obligations must be imposed on rightholders as a consequence of the rights users enjoy under copyright law. Although specific access-enabling mechanisms already exist in EU copyright law, they are often not properly implemented or lack efficient enforcement tools. For that purpose, certain exceptions and limitations must be made mandatory, prohibitions on contractual override must apply horizontally, privileged institutions should enjoy enforceable rights to obtain copies on reasonable terms, and the existing ‘lending’ right must become a ‘right to lend’. Supporting these substantive changes is the proposal for a new governance structure for the EU copyright framework through the establishment of an independent EU regulatory body. It is only through a blend of changes that copyright can serve society and that a sound ecosystem for creators and creativity is set up making the EU fit for the knowledge economy.

Mitigating Negligence in Regulatory Enforcement: Analyzing the Communications and Multimedia Act 1998 and the Criminal Procedure Code

The Communications and Multimedia Act 1998 is pivotal in regulating Malaysia's communications and multimedia industry. While the Act gives Malaysian Communications and Multimedia Commission officers enforcement rights, it excludes the ability to make arrests, which is a privilege reserved for police officers under the Criminal Procedure Code. This paper examines the practical implications of this division of arrest authority, focusing on potential negligence in enforcement. The study examines the intersection of regulatory enforcement and the tort of negligence by reviewing relevant laws and case studies. The study found that incorporating accountability measures into the enforcement process can help maintain transparency and uphold the integrity of regulatory actions. Recommendations based on the findings suggest strategies for mitigating negligence in enforcement actions. Understanding this intersection is crucial for ensuring lawful and responsible law enforcement actions in the communications and multimedia industry.

Hak Asasi Manusia dalam Hukum Tata Negara: Antara Teori dan Praktik

This research aims to analyze the interaction between human rights and constitutional law in Indonesia, focusing on the discrepancies between theoretical frameworks and practical implementation. To achieve this objective, a qualitative approach was employed, utilizing a literature review and in-depth interviews with legal practitioners and human rights activists. Through this method, the study explores the views and experiences of informants regarding the challenges faced in the enforcement of human rights in the field. The findings indicate that although the Indonesian Constitution fundamentally regulates human rights, the enforcement of these rights often encounters various obstacles. Socio-political factors, such as instability and the attitudes of law enforcement officials, as well as inadequate legal mechanisms, pose significant barriers to the implementation of human rights protection. Additionally, institutional weaknesses within responsible agencies further exacerbate this situation. Therefore, the study concludes that there is an urgent need for reforms in both the legal framework and institutional practices to bridge the gap between theory and reality in the protection of human rights in Indonesia. Consequently, the findings of this research are expected to contribute to the development of policies and efforts for more effective human rights protection in the future.

ADDRESSING HUMAN RIGHTS VIOLATIONS IN THE CRIMINAL JUSTICE SYSTEM OF KAZAKHSTAN: THE ROLE OF THE PROSECUTOR'S OFFICE AND A CALL FOR LEGISLATIVE REFORMS

Background: Human rights violations within the criminal justice system represent a pervasive problem. International human rights agreements and national laws clearly assert the absolute protection of human rights. However, despite these strong legal principles, human rights violations frequently occur within the criminal justice system. This article examines the problem of human rights violations in the criminal justice system of Kazakhstan and the role of the prosecutor's office in protecting human rights. Methods: This study utilised documentary analysis and secondary data analysis methodologies to conduct a detailed examination of legal acts, international agreements, and policy documents It specifically reviewed documents including the Universal Declaration of Human Rights (UDHR), the Constitutional Law “On the Prosecutor's Office”, the Concept of Legal Policy of the Republic of Kazakhstan up to 2030, and human rights reports from international bodies such as Amnesty International, Human Rights Watch, and Freedom House. The study also analysed reports from the Ministry of Justice and the Commissioner for Human Rights of the Republic of Kazakhstan. Results and conclusions: By analysing international human rights treaties, national legislation, and reports from leading human rights organisations, the study exposes significant discrepancies between legal mandates and actual practices. Despite Kazakhstan's formal commitment to international human rights standards, it reveals systemic issues, including instances of human rights abuses in criminal justice. The study highlights the critical role of the prosecutor's office in human rights protection while also pointing out the challenges in effectively fulfilling these responsibilities. The findings stress the importance of legislative reforms for enhancing the protection of human rights in criminal justice. The study is particularly relevant for policymakers, human rights advocates, and scholars interested in the intersection of law enforcement and human rights protections, offering insights that could guide future improvements in criminal justice practices.

Balancing Equitable Enforcement and Property Rights: Revisiting Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 of India

Abstract The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter “MWPSC Act”) of India, specifically section 23, addresses the responsibility of heirs towards their parents’ maintenance and the consequences of failure in such obligations. This article critically evaluates the interpretation and application of section 23, focusing on the judicial reasoning, implications on property rights, and comparisons with international jurisprudence. The article proposes a balanced approach to ensure equitable enforcement while safeguarding third-party interests and the broader legal landscape. It advocates for a nuanced understanding of the statute, emphasizing the need for explicit conditions, limitations on resorting to section 23, and harmonizing maintenance obligations with property rights. Drawing from foreign legal systems, this article underscores the uniqueness of Indian legislation while highlighting the absence of similar provisions in other jurisdictions. By analysing the interpretation and application of section 23 of the MWPSC Act, this article contributes to the broader discourse on balancing legislative intent, public policy, familial obligations, and property rights in the context of elder care in India.

Gravity for cross‐border licensing and the impact of deep trade agreements: Theory and evidence

AbstractWe examine whether deep regional trade agreements facilitate cross‐border licensing. A micro‐founded gravity equation for each supply mode is derived from a model in which heterogeneous firms choose to supply their goods to foreign markets through export, foreign direct investment or licensing. We present several comparative statics results regarding the effects of changes in the fixed costs of serving the destination country, the freeness of trade, and the strength of intellectual property rights protection on bilateral flows of licensing revenues. We then empirically test our theoretical predictions using data on the cross‐border flows of royalties and licence fees for 49 countries in the period 1995–2012. In addition to variables that capture the impact of shallow and deep regional trade agreements, we construct dummy variables that represent subcategories of IP rights‐related provisions. Consistent with our theoretical predictions, we find that improved access to the destination market through a deep regional trade agreement and stronger IP rights protection through a regional trade agreement with legally enforceable IP rights and technology‐related provisions increase bilateral flows of licensing revenues. Among IP rights‐related provisions, the accession to or ratification of existing international IP agreements and the protection of trademarks, patents, or industrial designs are important for facilitating cross‐border licensing.

Private Enforcement Under the Digital Markets Act: Rights and Remedies Revisited

The Digital Markets Act (DMA) is a new instrument of EU competition policy. It has been pointed out that although the DMA does not include any provisions on private enforcement, there should still be room for private enforcement of rights under the DMA. However, it has not been properly scrutinised to what extent the provisions of the DMA are suitable for such private enforcement. This article contributes to the literature by addressing this deficit and explaining the interwoven aspects of EU law and national law upon which private enforcement of the DMA will rely. The analysis is carried out in two main tiers. First, the core substantive provisions of the DMA are analysed. It is concluded in this stage that there are some rules in the DMA which may trigger private law sanctions when breached. Second, the system of judicial protection of rights conferred on individuals under EU law is explained and applied to the DMA. In this regard, it is concluded that it would be appropriate to extend any private law remedies that are available to claimants who have been victims of an infringement of Article 101 or 102 TFEU to claimants who have been victims of an infringement of protective provisions in the DMA.

CHILD LABOUR IN INDIA AND SUSTAINABLE DEVELOPMENT GOALS - AN ASSESSMENT

Child labour refers to the exploitation of minors through any type of employment that robs them of their youth, prevents them from attending a regular school, or is detrimental to their mental, physical, social, or moral development. Child labour enriches minors and infringes their rights. MGNREGA lacks funding but offers unskilled labour. By utilizing women's self-help groups and microfinance, UBIS hopes to eradicate child labour in rural areas by 2025. Prioritizing knowledge production and evidence translation, rescuing and rehabilitating labourers, and implementing free education are essential. By 2025, governments have to prioritize law enforcement, coordinated policies, and small labour rights. Over 75% of Indians are farmers, and large-scale income strategies like MGNREGA and agro-based enterprises are needed to reduce child labour and poverty. By 2025, UBIS, increased budgets, social safety nets, and stronger public policy are needed.

Law Enforcement and Human Rights Protection in Public Administration: A Qualitative Approach to the Implementation of Public Policy

This research investigates the relationship between law enforcement and the protection of Human Rights in the context of public administration in Indonesia. Qualitative research methods were used to gain a deep understanding of policy implementation and the interaction between law enforcement and human rights protection. Data were collected through in-depth interviews with government officials, human rights activists, academics, and community members directly affected by public policies. The findings indicate that law enforcement continues to face significant challenges such as lack of resources, low institutional capacity, and corruption practices. On the other hand, while there have been improvements in recognizing basic rights, complexities remain in human rights protection, particularly concerning discrimination and abuse of power by authorities. Research recommendations suggest strengthening institutional legal capacity, enhancing transparency, fostering more active community participation, and engaging in cross-sector dialogues to strengthen fair law enforcement and inclusive human rights protection in public administration.

ДЕЯТЕЛЬНОСТЬ И. ГАСПРИНСКОГО ПО ЗАЩИТЕ ПРАВ НА ЗЕМЛЮ Г. БАХЧИСАРАЯ (1879-1882)

On the base of archive sources analysis which have the practice of land and legal relations realization by I. Gasprinskiy as a Bakhchisaray mayor on 1879-1882 years was investigated the main aspects of his activities. It was founded that it implemented on administrative and management, enforcement and human rights forms. The main ways of that activities was the implementation of city’s rights on land and realization of local population’s land rights. In the borders of his jurisdiction, I Gasprinskiy from Bakhchisaray city initiated the civil and criminal proceedings against the city’s property rights violators and represented the interests of the city on the court sessions; issued binding decisions and orders on the Bakhchisaray city borders by all officials and people; provided to applicants the land property, which was owned by the city, in their possession and use; issued land deeds to interested persons on the basis of their applications; interacted with other State bodies and officials and coordinated their both activities in the enforcement and preventive spheres; capitalizing and profit from city’s land property for Bakhchisaray; delegated his jurisdiction rights to other officials under his authority. We investigated the complex of administrative, management and organizational measures which he used for the control ordering by Bakhchisaray lands. In the exercise of his powers he took into account of people interests and contributed to their achievement within the limits established by law. His activities had a positive impact on the dynamics of land relations in Bakhchisaray city.

Creditor enforcement and accounting quality: A natural experiment

The SARFAESI Act of 2002 strengthened creditor enforcement rights in India by granting banks broad new powers to enforce claims against delinquent secured borrowers. Using a difference-in-differences design, I find that firms with high levels of secured borrowing (i.e., treated firms) exhibit an improvement in accounting quality post-reform. The main findings are especially stronger among smaller firms and firms not affiliated with business groups. I also document significant cross-sectional variation in the main results based on borrowers' financial constraints and banking relationships. These findings are consistent with banks increasing monitoring of borrowers under a stronger creditor rights regime. Overall, this study provides new evidence that stronger creditor rights translate to higher accounting quality.

TRIAL BY JURY AS A GUARANTEE OF LEGITIMATE DECISIONS: CONSTITUTIONAL, LEGAL AND ECONOMIC PRINCIPLES

The article is devoted to the analysis of the constitutional, legal and economic foundations of the jury trial as a guarantee of legal decision-making. The issue of jury trial remains extremely relevant in the context of building a democratic society and the rule of law. In accordance with the principles of separation of powers, a jury trial is an institution which ensures public control over justice and significantly affects the legitimacy of court decisions. The subject of the study is the constitutional and legal relations related to the functioning of the jury, as well as the economic relations closely related to it. The study of this topic is important for ensuring the effectiveness of justice, protecting human and civil rights and freedoms, and increasing public confidence in the judicial system. The purpose of the article is to analyse the constitutional and legal framework and economic principles underlying the jury trial and determining its role as a guarantor of lawful decision-making in the judicial system. The methodology of the article includes the method of analysis, comparative method, empirical method, method of synthesis and generalisation of results, and historical method. The results of this paper include an analysis of the role and significance of the jury in the legal system, the peculiarities of its composition and procedural functioning, as well as its impact on law enforcement and human rights protection. The publication analyses the constitutional and legal framework of the jury as a guarantee of legal decision-making. The authors analyses the domestic and foreign experience of using a jury trial, examines its advantages and disadvantages, economic factors and impact, as well as the legal acts regulating the activities of a jury trial, and the principles and procedures underlying its functioning. It is concluded that the historical context of the development of the jury trial demonstrates its significant role in the administration of justice. When defining the role and functions of the jury in the modern legal system, one can note its important impact on ensuring fair trial and protection of citizens' rights. However, there are problems and challenges that require attention, in particular, the issue of increasing the effectiveness and inviolability of the jury in practice. The conclusion of the study is that the institution of jurors is crucial for ensuring the fairness of justice and public trust, is determined by the constitutional principles of ensuring its independence, requires improvement of legislation, training of jurors and consideration of economic consequences for its further development, as evidenced by the results of the analysis and comparative methods with the European and American experience.

Child marriage and its impact on reproductive health and rights of girls in Indonesia

ABSTRACT Child marriage is often the result of gender inequality and human rights violation which disproportionately affects girls. During the pandemic period, the number of child marriages is on the rise in Indonesia and put Indonesia as the second rank in Southeast Asia. Expanding on this issue, we explored the sociodemographic and health vulnerabilities attached to the girls who performed an early marriage. We utilised nationally representative data from the 2017 Indonesia Demographic and Health Survey (IDHS). The sample was restricted to 4,017 ever-married women aged 15–24 years. The differences in vulnerability outcomes were assessed by calculating adjusted odds ratios (AORs) using logistic regression models. We found that 38.9% of ever-married women aged 15–24 reported marriage before age 18 years. Regression analyses showed that the likelihood of social vulnerabilities (low educational level, rural residence, and poverty) increased with younger marriage age. Additionally, women of earlier age at marriage were more likely to have lower antenatal care utilisation and pregnancy termination. These findings demonstrate child marriage creates a social and gendered vulnerability for girls with a major impact on health. Strict law enforcement, promoting sexual, and reproductive health rights for girls can help eliminate child marriage in Indonesia.

The Relevance of Law Enforcement and Human Rights in the Perception of the Indonesian Constitution

The Relevance of Law Enforcement and Human Rights in the Perception of the Indonesian Constitution

Protection and enforcement of disability rights in Nigeria: Opportunities and challenges

There has been a rise in the constant violation of the rights of those living with disabilities all over the world, due to the fact the people place their disability over their person and personality. They struggle to be treated like other people in their environment, community, schools, workplace as they are stigmatized and discriminated against because of their disability. With respect to structured legal set up for the protection and enforcement of the rights of people living with disability internationally and locally, there exists plethora of legislations that have provided the needed framework. This paper examined the concept of disability, rights, disability rights, the legal and structural set up for the protection of disability rights in Nigeria and internationally. Also, the challenges with respect to enforcement and opportunities for protection of disability rights are also discussed. The authors commend the Discrimination against Persons with Disability (Prohibition) Act of 2018, which brought to the fore, robust provisions for the protection and enforcement of disability rights in Nigeria. More so, the establishment of the National Commission for persons with Disabilities is phenomenal, as it is believed that the challenges of protection and enforcement of disability rights is now a thing of the past. The authors made some recommendations and advocates for greater inclusion of people with disability in governance and for more effective dissemination of information on disability rights, so that people can be aware of our extant legislations and its provisions.

Law Enforcement against Children as Perpetrators of the Crime of Sexual Abuse in the Study of Human Rights

Law enforcement against children as perpetrators of sexual abuse is a complex problem, especially in the study of human rights. This paper aims to discuss the efforts to balance between law enforcement and human rights protection for children as perpetrators of sexual abuse. The research in this paper uses descriptive analytical research specifications with a normative juridical approach method The results of the paper show that law enforcement on this issue is dominated by imprisonment sanctions for children and the protection of human rights is only limited while the child is undergoing the judicial process and criminal period. Meanwhile, the protection of children's rights after serving the criminal period has not been regulated in the law so that it needs to be reviewed through the reform of the Law on Juvenile Justice System. A balance between law enforcement and human rights protection with a progressive legal approach oriented towards the best interests of children needs to be carried out in order to create a fair juvenile justice system for children as perpetrators and victims.

Formation and development of the idea of guaranteeing human and civil rights and freedoms in the theoretical and legal heritage of Ukraine

The article is devoted to the analysis of historical development and formation of the ideas of guaranteeing human and civil rights and freedoms in the context of the theoretical and legal heritage of Ukraine. The author examines the key stages of the evolution of legal ideas, from ancient times to the present, noting the influence of different historical periods on the formation of the modern concept of human rights. Knowledge of the historical experience and theoretical foundations of human rights guarantees helps to formulate strategies and policies that can ensure real protection of fundamental rights and freedoms in conditions when they are threatened by external aggression and internal challenges. The article focuses on the importance of developing a natural law concept based on the principles of freedom, equality and justice, which are considered fundamental to understanding human rights. A special place in the analysis is occupied by the study of the Lithuanian Statute, Magdeburg Lawand the role of polemical works in the development of legal consciousness. The authors point to the multifaceted approaches to the study of human rights, their origin, content and relationship with the state, emphasising the importance of democratic regimes in the consolidation and enforcement of rights and freedoms. The conclusions emphasise that the notion of human rights as natural and primary is crucial for the development of Ukrainian political and legal thought, which contributed to the formation of the rule of law and civil society in Ukraine. In the context of post-war reconstruction, the authors emphasise the critical importance of respecting and ensuring human rights and freedoms as a basis for the restoration and development of a democratic society. Democratic regimes that uphold the principles of freedom, equality and justice are key to the effective reconstruction and stabilisation of society. The adoption of international human rights standards and their integration into national policies will be key to successful post-war reconstruction, while laying a solid foundation for Ukraine’s future development.

THE PUNITIVE POWER OF INDEPENDENT ADMINISTRATIVE AUTHORITIES: FOCUS ON FINANCIAL AND TAX VIOLATIONS (A COMPARATIVE STUDY)

Background: In France, some independent administrative authorities have been granted punitive powers concerning violations committed against stated regulatory rules. In this regard, the issue of the accumulation of penalties has been repeatedly raised concerning sanctions imposed by independent administrative authorities and criminal justice penalties. For example, a certain action could be criminalised by virtue of the Penal Law, necessitating a custodial sanction or a fine, while also considered a mere breach under financial and monetary laws, leading to the imposition of a certain financial penalty. This raises the question of whether the infliction of both criminal and administrative sanctions on financial and tax crimes violates the 'ne bis in idem' principle. The French Constitutional Council has addressed this issue extensively; it has banned the accumulation of criminal penalties and administrative sanctions of a punitive nature upon the fulfilment of certain conditions. Interestingly, these conditions did not apply to tax disputes, permitting the accumulation of penalties in this specific field. However, the accumulation of penalties was banned and deemed impermissible in financial markets. Therefore, a major question can be raised: Why has the Constitutional Council adopted two different approaches in those two similar fields? Methods: In pursuit of the research goals, this study employed a combination of comparative, historical, and analytical methodologies. By examining the legal nature of independent administrative authorities, this study conducts a comprehensive examination of relevant legal texts, encompassing constitutional provisions, legislation, and judicial decisions, to analyse the ne bis in idem principle in France. A comparative analysis approach was utilised to compare the rulings of the French Constitutional Council, the French Court of Cassation, and European judicial bodies. Results and conclusions: In various jurisdictions, including France and the EU, the principle of non-accumulation of criminal penalties and administrative sanctions is recognised, yet differences arise in its application. Jurisdictions vary in approach, with some strictly prohibiting accumulation while others allow flexibility based on factors like offence nature and societal interests. The French Constitutional Council sets standards, allowing dual penalties in tax matters but not in finance. Rulings by the French Constitutional Council and Court of Cassation offer insights into applying the principle, revealing complexities in balancing regulatory enforcement and individual rights.

Integration of ethnic school graduates into the educational space of Almaty universities

Relevance. The paper specifies the content aspects and features of modern Kazakhstan's ethnocultural education through the study's regulations based on content analysis.Purpose. The author comes to the conclusion that ethnocultural education is an important social and educational problem in the Republic of Kazakhstan, considered as the enforcement of rights and opportunities of peoples.Methodology. The upcoming changes in the school structure and content of school (secondary) education will undoubtedly serve as the basis for creating a comprehensive educational environment.Results. The achieved results of ethnocultural education in Kazakhstan create conditions for wider use of the potential of ethnocultural education based on the values of a culture of peace, tolerance, and interethnic harmony. The problem of ethnocultural education and integration of graduates of ethnic schools requires development.Conclusions. The authors believe that the problem of ethnocultural education involves the interaction of both vectors, and its monoethnic vector is necessary for the preservation of national identity in the individual, and a multi-ethnic vector is a tool for resolving interethnic contradictions and forming tolerance in cross-cultural interaction.