Fulfilment Of Rights Research Articles

Out of school children in the context of new policy trajectories and interlocking crises in Zimbabwe: a transformative social policy perspective

In the past two decades, Zimbabwe has been confronted with a concerning increase in the number of out-of-school children and youth (OOSC). Emerging evidence suggests that nearly a million children fall into this category, representing approximately half of the country’s adolescent population. This phenomenon has significantly impacted on Zimbabwe’s educational landscape and socio-economic fabric. Despite its gravity, research on OOSC remains limited. To address this gap, our study triangulates data from various sources to explore OOSC prevalence, examining geographical disparities and underlying causes. In addition, we investigate the nexus between OOSC and the prevailing socio-economic crises in the country. Our analysis reveals that, despite Zimbabwe’s robust education policies and legislative framework, OOSC prevalence rates remain high. Implementation gaps persist, hindering effective solutions. The challenge of OOSC is seen being intertwined with the multifaceted crises and socio-economic dynamics affecting the nation. Geographical, wealth-based, social, religious, cultural, and economic disparities all contribute to the persistence of OOSC. To combat this challenge, we propose several recommendations rooted in the political economy-oriented concept of transformative social policy. These are crystallised around the need to develop a social contract prioritising the fulfilment of rights, social justice, human capacity, and agency. Emphasis is on the importance of a holistic approach, aligning economic policies with social goals to foster an environment conducive to education. By transforming social institutions and structures, we argue that the scourge of OOSC can be addressed and pave way for a more equitable and inclusive education system.

Resilience of Muslimah Sex Workers: Fulfilment of Children's Rights Based on Fiqh Hadhanah and The Child Protection Law

This research study aims to further explore and delve into the resilience efforts of Muslimah sex workers in fulfilling their children's rights as mandated by Hadhanah jurisprudence and the Child Protection Law, which has become a living law in society. This is socio-legal research with a case study in Wisata Karaoke (ex-localization), Suko, Malang, Indonesia. The method of data collection used in this study is in-depth interviews with four muslimah prostitutes who have children, observation, and documentation. The results of this study indicate that Muslimah sex workers employ two resilience models in fulfilling their children's rights. The first resilience model involves placing their children in Islamic boarding schools (pesantren), considered authoritative childcare institutions. The second resilience model consists of entrusting their children to immediate family members, such as grandparents and aunts, who are perceived to be free from negative influences like promiscuity and alcohol consumption, which are commonly associated with the world of prostitution. Both resilience models are based on mitigation efforts to prevent their children from falling into the same cycle of prostitution as their mothers. This research contributes to becoming new policy material for scholars, government, legislators, and academics in initiating the formation of childcare institutions around ex-localizations as a guarantee of continuity, protection, and fulfillment of the rights of abandoned prostitutes' children.

FAMILY CONFLICT MANAGEMENT: QUR’ANIC PERSPECTIVE

This study discusses the concept of family conflicts and their management according to the perspective of the Qur'an. The literature review and thematic approach found five conflict areas in the family: leadership and husband-wife relations; the fulfilment of rights and obligations; the achievement of family vision, mission and goals; attitude and physical intimacy issues; and husband-wife incompatibility. Meanwhile, the Qur'anic family conflict management includes minimising and avoiding violence and encouraging positive behavioural changes among family members.

Fulfillment of workers’ rights in remote working: the perspective of labor development principle in Indonesia

The popularity of working from home or remote working is rising globally. In Indonesia, the existence of the internet underpins the trend of working from home since accessing this technology is effortless. However, existing regulatory provisions mostly govern matters regarding office work, while the rights and responsibilities between employers and employees in the remote working scheme have never been specifically regulated. This situation creates a huge gap between what is stated in a written law and law in action. This research aims to analyze the congruence of agreements with the fulfilment of rights of workers working from home from the perspective of legislation and the principles of labor development. This research employed sociological and legal methods. The research results indicate that the fulfilment of labors’ rights in both the agreement and implementation has not met the principles of labor development. The conflict of rights and criminal violations regarding this matter is obvious since workers’ rights governed in the legislation are not governed in the work agreement. Moreover, there is still incongruence between the regulations and implementation of the rights of workers regarding the portion of break/leave and overtime wages.

Pemenuhan Atas Hak Seorang Istri Pasca Perceraian (Studi Kasus Putusan Nomor 1866/PDT.G/2022/PA.PT)

eternal family based on God Almighty as stipulated in Law Number 1 of 1974 concerning Marriage, this marriage can be broken due to divorce or based on a divorce suit, this is contained in the Compilation of Islamic Law Article 114. The purpose of this research is to find out the rights received by a wife after divorce in Decision Number 1866/Pdt.G/2022/PA.Pt. and to find out how the fulfilment of the rights of a wife after divorce based on Decision Number 1866/Pdt.G/2022/PA.Pt. This research is normative law type, using three legal materials, namely primary, secondary and tertiary legal materials. The technique of taking this research material is literature study and interviews with oral question and answer methods with Judges at the Pati Religious Court. The results of this research and analysis show that the rights received by a wife after divorce must be given before the pledge of divorce by the husband. The amount of nafkah given is in accordance with the obligations and abilities of the husband. The role of the judge in realising the fulfilment of the rights of post-divorce wives is in accordance with providing direction for the fulfilment of the wife's rights.

Pemenuhan Atas Hak Seorang Istri Pasca Perceraian (Studi Kasus Putusan Nomor 1866/PDT.G/2022/PA.PT)

Marriage is a physical and mental bond as husband and wife with the aim of forming a happy and eternal family based on God Almighty as stipulated in Law Number 1 of 1974 concerning Marriage, this marriage can be broken due to divorce or based on a divorce suit, this is contained in the Compilation of Islamic Law Article 114. The purpose of this research is to find out the rights received by a wife after divorce in Decision Number 1866/Pdt.G/2022/PA.Pt. and to find out how the fulfilment of the rights of a wife after divorce based on Decision Number 1866/Pdt.G/2022/PA.Pt. This research is normative law type, using three legal materials, namely primary, secondary and tertiary legal materials. The technique of taking this research material is literature study and interviews with oral question and answer methods with Judges at the Pati Religious Court. The results of this research and analysis show that the rights received by a wife after divorce must be given before the pledge of divorce by the husband. The amount of nafkah given is in accordance with the obligations and abilities of the husband. The role of the judge in realising the fulfilment of the rights of post-divorce wives is in accordance with providing direction for the fulfilment of the wife's rights.

Protection and compliance of Human Rights of Residents Affected by the Semeru Eruption

The eruption of Mount Semeru had a major impact on the surrounding communities affected. Not only about health, but these natural disasters also affect other aspects such as the economy, education, clean water facilities, and residential areas. The fulfilment of these rights is actually regulated in the International Covenant on economic, social, and cultural matters. Any country subject to such rules is insufficient to grant the right to access Education. Still, the state is obliged to provide Educational facilities, and the existing social and Educational facilities will necessarily suffer damage due to natural disasters. From these problems, this study aims to understand and elaborate on legal responsibility, protection and fulfilment of human rights for residents affected by the Semeru eruption. The method used in this research is Socio-Legal based legal research with an approach of Participatory Action Research (PAR).

Financial-legal Norms and Relations

Financial-legal norm constitutes the rule of conduct, which is established by competent bodies and determines the rights and obligations of subjects of financial relations. Financial-legal norms consist of some particular requirements and prohibitions, also the possibility to perform the determined influence in case of violation of financial discipline and unlawful actions. The originality typical to financial-legal norms is their imperative nature. Unlike the dispositional norms, financial-legal norms state the requirements in definite (categorical) form and subjects of financial-legal relations are not entitled to change them according to their discretion. The results and events with compulsory nature are given in the sanction of financial-legal norms, those which follow the non-fulfilment of the rule given in disposition. The sanction is the part of norm, by means of which the state actually ensures the implementation of the norm, also protection of rights and fulfilment of obligations of the subjects of financial-legal relations. The financial-legal relations is called the connection emerged as a result of distribution of rights and obligations about financial resources among the financial-legal subject and under the financial-legal norms. The most spread basis for termination of financial-legal relations constitute the fulfilment of rights and obligations stipulated by financial-legal norm. Two rules of maintenance of legal relations are being applied - administrative and the judicial rule. Keywords: Norms, hypothesis, disposition, sanction, financial resources, institute of complaint.

Optimizing the Role of Local Governments in Improving the Fulfilment of Tourist Rights

Regulations related to tourism have existed but are still lacking at the implementation level, especially related to fulfilling tourist rights. The lack of facilities for visitors, especially vulnerable groups, and the lack of protection of a sense of security and comfort in tourist attractions is a problem that needs to be resolved. To increase the number of tourist visits, especially in the regions, one of which is in Bangkalan Regency. For this reason, it is necessary to optimize the role of local governments and increase the fulfilment of tourist rights. This study uses empirical legal research methods supported by statutory and case approaches. It can be concluded from the results of the study, first, that there are regulations related to tourism nationally, and there are also rules at the provincial, regency/ city levels which also contain the rights of tourists. Second, the lack of implementation of the fulfilment of tourist rights is a significant concern, especially by local governments. With its function as the administration of government, local governments not only stop making regulations (become regulators) but also coordinate (coordinators) with related parties, including facilitators, stimulators, and motivators, so that the policy that contains the fulfilment of the rights of tourists is carried out, albeit gradually.

Community-based paralegals to build just societies: insights from a legal empowerment project in Pakistan

Abstract The provision of rule of law and justice contributes to the building of equitable, inclusive, and economically prosperous societies. However, mere legal protection of the rights of the people in developing societies remains insufficient to ensure due protections guaranteed by the law. This study examines the impact of a legal empowerment project in the two districts of rural Punjab in Pakistan through key informant interviews and focus group discussions. The findings show that the project leads to awareness and fulfilment of rights, financial empowerment, agency development, especially of women, and reduction of oppression, exploitation, and injustice. It plays a significant role in building inclusive and sustainable societies where accountable public services are available and accessible to all without discrimination. This study emphasizes how the state including public and private administrative bodies should instead of oppressing, exploiting, or ignoring the needy masses create opportunities for them and develop their set of capabilities. This multidimensional paralegal assistance model rooted in existing community-based structures and support is scalable and adaptable.

Perlindungan Hukum bagi Montir di Bengkel Fallen Motor Situbondo Perspektif Undang-Undang Ketenagakerjaan dan Hukum Islam

Human life is inseparable from law, law has an important role in the effort to create conditions that enable humans to feel safe, peaceful, and their rights and existence are protected. Law Number 13 of 2003 concerning Manpower regulates legal protection for workers that must be fulfilled by employers as well as in Islamic law which also requires the fulfilment of rights to workers following what has been done. Likewise in the automotive business world, employers are obliged to protect their workers. However, the Fallen Motor Workshop in Besuki sub-district, Situbondo district, in the implementation of its business, neglects the rights of its workers a little. The purpose of this study is to determine the legal protection regulations for mechanics according to Law Number 13 of 2003 concerning Manpower and its implementation of legal protection for mechanics at the Fallen Motor Workshop, Besuki sub-district, Situbondo district according to the Manpower Act and Islamic Law. This research is a type of qualitative research using a case approach.

Luovutetuista sukusoluista alkunsa saaneen henkilön oikeus tietää alkuperästään hedelmöityshoidoista annetun lain voimaantuloa aiemmissa tapauksissa

According to the Finnish Act on Assisted Fertility Treatments (Laki hedelmöityshoidoista 1237/2006), a person who may have been born from a donated gamete or embryo has, upon attaining the age of eighteen the right to know the identity of his or her donor. The aim of this article is to research whether the right to access identifying information about the donor could be guaranteed equally to those born as a result of anonymous donor conception prior to the implementation of the Act. Information about one’s origins has a great significance on one’s psychological well-being and the right to identity has been considered to form an integral part of the right to respect for private life. At the same time, donor anonymity is seen to be included in the donors’ right to respect for private life. The public authorities have both the responsibility to guarantee the fulfilment of basic rights and liberties and human rights as well as the opportunity to implement acceptable restrictions on these basic rights. Even retrospective legislation seems to be acceptable when the fulfilment of rights of one group of people strongly demand it. All things considered, donor-conceived persons’ right to know about their biological origins seems to be a valid reason to restrict the donors’ right to respect for private life to some extent and to allow retrospective legislation that guarantees all donor-conceived people the right to access information about their donors.

Gender-based violence ignites the re-emergence of public opinion on the exercise of judicial authority

South Africa is highly celebrated for its commitment to the promotion of human rights. This has also fostered "rights consciousness" among the citizenry which has become of essence for the advancement of the rights of women who had long been in the "legal cold". However, the significance of the "rights concepts" is marred by the extreme levels of gender-based violence against women. The effect of crimes suffered by women raises questions about South Africa's post-apartheid system of governance and the promotion of the rule of law, which is founded on human rights. With South Africa's history, it is assumed that law has the potential to transform societies in ensuring the fulfilment of rights as envisaged in many national, regional and international instruments. Against this background, this paper focuses on the recent shocking wave of the extreme levels of gender-based violence against women experienced in South Africa with the resultant consequence of the agitation of the public on the independence of the judiciary. Whilst it acknowledges the limitations of the law and the challenges faced by women, it argues against public opinion that seem to wither the democratic character of the state relating to the functioning of the judiciary. It also argues that public opinion waters down the assumption about the capacity of the law in generating social change. In addition, the confidence in the judiciary cannot be replaced by invidious philosophies that appear to compromise the independence of the judiciary as envisaged in the doctrine of separation of powers. The argument advanced herein is limited to the rationality of the calls by further raising a question whether safeguarding independence and impartiality of the judiciary should be outweighed by public outrage on gender-based violence. It also does not profess to provide an expert analysis of the interrelationship between law and social change because of the complexities that exists between these areas. Overall, the paper acknowledges and shares the concerns by the public on the elimination of gender-based violence; however, it refuses the indirect consequence of public opinion on the trampling of judicial authority.

HOW THE PROHIBITION OF HATE SPEECH AND DEFAMATION’S SOCIAL MEDIA CONTENT BE ENFORCED IN INDONESIA

Legal Aspect of the Freedom of expression was fundamental human rights which was now a concern with the action Monitoring and screening access to information and heavy surveillance application that eventually break the privacy rights of the netizens by government apparatus, whether those acts are done by law or against the law. Freedom of expression was a state authority and its enactment needs to be using Pancasila values in accordance with the law of Law No.11 of 2008 on Information and Electronic Transactions. While ensuring to access information, any citizen could use actualize themselves and express opinions without hatred towards society. This legal research was made using the juridic-normative approach with the secondary data by legal literature study with analyzing between legislation applicable to legal theories and important practices of positive law which will be discussed. This legal research to find out about the regulation of freedom of expression on social media according to law and regulation and the application in Indonesia. This study needs to be developed and discussed in more detail the freedom of expression in social media. The right to freedom of expression was one of the important features of a democratic country that upholds the high sovereignty of the people to realize the implementation of that state well, and the state has jurisdiction to determine, apply, and judge upon anyone who damages Pancasila. Freedom of expression through social media was a fundamental human right that must be protected. However, in the case of the fulfilment of rights, there will also be an obligation to respect the rights of others, the exercise of those rights may be decided by law. Various cases of freedom of expression through social media become a process of enforcing this Human Rights. Prevention by education from government and private sectors were needed in other to decrease the hate speech and defamation’s content in social media.

The System of Direct Provision for Asylum Seekers

Key issues/recommendations (1) Alternate solutions to accommodating persons seeking asylum and ensure persons are not exposed to prolonged communal living, so as to ensure full respect, protection and fulfilment of rights to shelter, private and family life and human dignity. (2) Emergency accommodation should be used for only the most limited of time periods, and rights of persons seeking asylum should be fully vindicated. (3) Rates of social assistance payments to asylum seekers must be based on comparable rates of social assistant payments to persons who are habitually resident in Ireland. All child asylum seekers must be entitled to child benefit. (4) Asylum seekers should have a right to work after a period of no more than six months. Ireland should re-consider the prohibition on asylum seekers entering publicly funded employment.

Extending the decision-making capabilities in remanufacturing service contracts by using symbiotic simulation

Remanufacturing is a critical enabler of a resource efficient manufacturing industry that has long been associated with high value products. Over time, the commercial relationship between customers and service providers has been made through the fulfilment of rights and obligations under remanufacturing service contracts. Nonetheless, financial analysis to evaluate the contract terms and conditions are becoming increasingly difficult to conduct due to complex decision problems inherent in remanufacturing systems. In order to achieve better and safer decision-making to shape the business strategies, remanufacturers often employ computer-based simulation tools to assess contractual obligations and customers’ needs. This paper discusses the roles of a symbiotic simulation system (SSS) in supporting decision-making in remanufacturing systems. An industrial case study of power transformer remanufacturing illustrates how SSS can support contract remanufacturers in managing service contracts planning and execution. By linking the simulation model to the physical system, it has been demonstrated that the capabilities of the remanufacturers to make critical decisions throughout the entire service contract period can be extended.

La Revolución Ciudadana and social medicine: Undermining community in the state provision of health care in Ecuador

ABSTRACTUnder President Rafael Correa (2007–2017), Ecuador’s Ministry of Health established a state-centred health care regime that incorporates elements of Latin American social medicine into post-neoliberalism. These initiatives – which are part of ‘The National Plan for Good Living (Buen Vivir)’ – include free healthcare, greater attention to social determinants of health, a focus on equity and inclusion, and increased coordination across welfare, health, and development sectors. However, the reforms also use health services to build a sense of inclusive, participatory citizenship, with the Ecuadorean state as the central figure in service provision. In this paper, we demonstrate that state-centred health care reforms have paradoxically weakened community organising for collective health. Drawing on seventeen years of ethnographic research and health solidarity work in rural Northwest Ecuador, we illustrate how Ecuador’s health reforms have reconfigured relations among local civil society, transnational NGOs, and the state. Established modes of community participation and international collaboration have been undermined largely because these reforms ignore community sovereignty and self-organisation and overemphasise the threat of neoliberalism. The lessons about balancing the state-based fulfilment of rights with community power are relevant to social medicine advocates, particularly those working in rural communities that are already organising creatively for their own health and well-being.

Children and young people’s right to participate in residential care in South Africa

ABSTRACTThe South African Children’s Act accords the right to participate in all matters to every child of sufficient maturity. This article examines the Guidelines for the Alternative Care of Children to analyse the extent of the right in residential care and the degree that this right is realised in South Africa. South Africa’s laws and policies include detailed commitments to ensure that children and young people participate in professional assessments; judicial procedures; decisions about daily care and the governance of residential facilities. However, even the most perfectly crafted legal framework is no guarantee of the fulfilment of rights, therefore, it is critical to assess practice and outcomes.The government of South Africa routinely collects administrative data on the number of children and young people in residential care but no data that measure participation or even the statutory decision-making processes. The only information available comes from two cross-sectional studies of child and youth care centres (residential facilities). A review of the results suggests that the critical decision-making processes are not happening, and consequently children and young people lack opportunities to comment on their care or influence what happens to them. The article concludes that the state needs to train professionals on children’s rights and the Children’s Act and include protection and participation indicators as part of monitoring instruments. Monitoring will not be sufficient to create the conditions for participation to happen; however, it will begin to shed light on where efforts need to be increased.

Re-examining States’ External Obligations to Implement Economic and Social Rights of Children

International law on the protection and promotion of social and economic rights of the child binds states parties to respect, protect and secure these rights both in their own territories as well as to contribute to the programmes for such fulfilment in other countries in a strategy aiming at global implementation of these rights. This paper explores the legal basis for states‘ external obligations to support fulfilment of social and economic rights. It surveys inter alia the relevant treaty texts, explanatory resolutions of the UN General Assembly and statements in reports submitted by states parties to the UN monitoring committees, and argues that recent state practice and interpretation of human rights obligations confirms the extraterritorial obligations to support fulfilment of these rights. Since these are obligations to fulfil the rights of human beings in other countries rather than obligations to third states, they can be referred to as ‘diagonal obligations‘ to distinguish them from inter-state horizontal responsibility.

A brief review of the Labour Inspectorate in Mozambique

SIMIÄO SIMBINE is Regional Coordinator for the Trade Union Solidarity Centre of Finland, SASK A brief review of the Labour Inspectorate in Mozambique Since 2004 the Mozambique Labour Inspectorate has been engaged in lively,even 'spectacular', work to monitorcompliance with labour standards at a workplace level The Democratic liberation Mozambique history war. of Organisations trade traces The unions so its called roots in Mozambique traces its roots tothe liberation war. The socalled Mass Democratic Organisations (ODM, in Portuguese) were created by Mozambique Liberation Front (Frelimo), as its wings to support the anti-colonial war, namely the Mozambican Youth Organization (OJM) and Mozambican Women Organisation (OMM). It wasagainst this background that the productions councils (the name usedbefore the establishment of the first national trade union centre) were created tomobilise workers inthe fighting for independence. At that time, the approach wasthe correct oneas ithas significantly contributed tothe independence of the country and, inoneway oranother, itpaved the way for the national unity which wasa reality inthe recent years after independence. Apparently the ODMs andparticularly worker's organisations lost their focus after independence (25June, 1975). Thereason might probably bethe fact that the common enemy (colonialism) hadbeen defeated, meaning that there wasnothing tofight against. Theissue should not beonly seenfrom the ODMs sidebecause the ruling party (deliberately ornot) did not define the way in which itwould relate itself with other stakeholders. Inthe process, workers felt that their rights were not duly kept andthis isoneof the reasons behind the split inOTM (Mozambican Workers' Organisation) which resulted inthe creation of the second national centre, the Confederation ofFree and Independent Trade Unions (CONSUMO). Actually, inpractical terms, itisvery difficult to seedifferences between the two national centres asthey have almost the same approaches tolabour issues. Nevertheless, itis positive toseethat they work together ina couple ofissues, but todistinguish them in terms of their political orientation andlevel of performance itisnot aneasy task. Currently some positive developments are taking place intrade union issues in Mozambique. Themain difficult istoseethem, asthe trade unions arekind of'media shy' institutions andalsotend tooperate away from the whole society. Duetothis approach many people saythat trade unions aredoing nothing, which isnot true atall. TheLabour Inspectorate hasbeen operating in Mozambique for long time. However, like many other labour related issues, the Labour Inspectorate only gained visibility (not necessarily popularity) after 2004elections. These elections marked, for the first time, the smooth political power transition whereas the former President Joaquim Chissano voluntarily stepped down and'opened doors' tohislong time political mate andsenior member of Frelimo, Armando Guebuza, who convincingly won the elections. Soon after, the country noticed considerable differences between Chissano andGuebuza governance styles. The former hadbeen labelled asa diplomatic leader duetohisskills to'swim inhot waters' atthe international level andsolving internal issues onthe basis of laissez faire principles. Meanwhile, Guebuza is generally seenasa tough leader andmore focused ininternal issues. Inthis context, inall sectors oflife, significant differences were experienced andthe reactions were diverse: Some were optimist feeling that Guebuza would 'put the house inorder' andsoon recalled him asa follower of the late andcharismatic President Samora Machel (who died in1986). Others were not comfortable with the developments asthey considered that Guebuza wasjust trying to'show off' by destroying the political andsocial machinery built by his predecessor. Asmentioned before, itistrue that allsectors felt some changes, but infact some were more mediatised than others. Alive example isthe labour sector. Thereason isnot exactly that so many things were happening there, but above ofall, two aspects were rising: 1)the charismatic andpragmatic leadership of the new Labour Minister, Ms.Maria Helena Taipo. 2) South African Transport Workers Union (Satawu) Members Inspection of foreign companies, however, has been a more complex matter than regulation of local companies the mediatised way of taking some decisions, that often put the Minister inthe spotlight (which wasgenerally praised by public opinion). Mozambique hasratified alleight core ILO conventions. However inview ofrestrictions on trade union rights, discrimination, child labour and forced labour, further measures areneeded tocomply with the commitments. Inpractice, the pivotal areaofthe Labour Minister hasbeen the Labour Inspectorate. Itsmain task isto check legal aspects inlabour relations. Another task of the Labour Inspectorate istomonitor the fulfilment ofrights andduties ofemployers and employees. Areport from the Labour Minister indicates that in2008, 325illegal foreign workers have been suspended in...