Enforcement Of Human Rights Research Articles

Incorporation of Human Rights in International Relations

Human rights have been firmly enmeshed in both studies and practice of international relations. The prevailing theories of international relations describe the function of those rights in substantially dissimilar ways, and it is apparent that their key statements include compelling arguments, suggesting an inconvenient apposition of state sovereignty with ideas of universal moral order. The development of the universal human rights regime of the United Nations (UN), the growth of international non-governmental organizations (NGOs), and, eventually, human rights activists have made it possible for human rights to be more deeply incorporated into state diplomatic activities. These trends, however, raise critical concerns about the practice of the state of human rights. Although there is some reversal of the norm, however, states continue to face humanitarian crises and show signs of human rights protection domestically and promotion internationally to varying degrees. In the same way, we are also seeing a major change in the principles and procedures of international enforcement of human rights. The goal of this paper is to address briefly certain variables relevant to the incorporation of human rights in international relations.

Human Rights Enforcement in Indonesia During a Pandemic: A Critical Study of Dignified Education

This article was writting to describe government policies in upholding educational rights, especially during a pandemic with its implementation in the field of education according to the theory of dignified justice. Qualitative descriptive method was used in reviewing the problems described, using content analysis method, namely examining the contents of the document. The theoretical basis is used as a guide to adapt the research approach to reality. For the sake of simplicity, qualitative method sources are used in reference studies from various existing research results. The data analysis method uses deductive analysis techniques that use logic to draw one or more conclusions based on a particular field. The role of the state and citizens in dealing with the covid-19 pandemic, especially in the field of education, needs to be synchronized so that citizens, especially middle and lower education, SMA to SD and Kindergarten, the role of parents is very important in the continuity of the online learning process because the teacher's role has changed completely from the beginning. dominated by schools when learning is online, the role of teachers and schools is reduced. This raises its own problems so that the responsibility for education is a shared responsibility in terms of supervision in using online learning media, because this is a disaster category so that human rights violations do not occur, it is necessary to change the view of education that is handed over to schools now it is a shared responsibility so that create a dignified education. The government's policy to protect people's education is always implemented by making education a priority work program of the government, among other programs. This means that the education budget is in accordance with the 1945 Constitution of the Republic of Indonesia Article 31 paragraph (4), "The state prioritizes the education budget at least twenty percent of the state revenue and expenditure budget as well as from the regional revenue and expenditure budget to meet the needs of national education administration.

COMPARISON OF THE CONCEPT OF COMMAND RESPONSIBILITY IN HUMAN RIGHTS COURT PROVISIONS

The new spirit of human rights enforcement in Indonesia through the ratification of Law no. 26 of 2000 became the main pillar to accommodate issues that attracted international attention. Law No. 26 of 2000 has shown the importance of regulating human rights enforcement, the regulation is also the main instrument to protect and guarantee human rights enforcement mechanisms in Indonesia. The author takes a legal problem on the comparative law of Law no. 26 of 2000 concerning the Human Rights Court which was adopted from the provisions of the 1998 Rome Statute. Several human rights activists took action, this was because the 1998 Rome Statute provisions were adopted imperfectly in article 42 of Law no. 26 of 2000 which caused problems in the enforcement of the Human Rights Court. Some of the perpetrators of gross human rights violations in Indonesia are generally parties with power or position, who can escape the applicable legal sanctions and are free from responsibility for the actions that have been committed by them or their groups. So it is important for the development of human rights in Indonesia to improve the norms of command responsibility in Article 42 of Law no. 26 of 2000. Based on these issues, the author will integrate several comparative laws and principles to get a concrete solution. The purpose of this research is to build a legal framework to strengthen the enforcement of Indonesian human rights. The methodology that will be used is a normative method with a conceptual approach. The findings of this study reveal that several human rights violations by the Command in Indonesia have not yet been resolved properly and have attracted international attention. In theoretical studies, the existence of the principle of command responsibility is considered difficult to prove in court. The involvement of human rights violators by the TNI command in several cases is evidence that the implementation of the command responsibility mechanism in human rights violations is far from being expected.

Comparison of the Concept of Command Responsibility in Human Rights Court Provisions

The new spirit of human rights enforcement in Indonesia through the ratification of Law no. 26 of 2000 became the main pillar to accommodate issues that attracted international attention. Law No. 26 of 2000 has shown the importance of regulating human rights enforcement, the regulation is also the main instrument to protect and guarantee human rights enforcement mechanisms in Indonesia. The author takes a legal problem on the comparative law of Law no. 26 of 2000 concerning the Human Rights Court which was adopted from the provisions of the 1998 Rome Statute. Several human rights activists took action, this was because the 1998 Rome Statute provisions were adopted imperfectly in article 42 of Law no. 26 of 2000 which caused problems in the enforcement of the Human Rights Court. Some of the perpetrators of gross human rights violations in Indonesia are generally parties with power or position, who can escape the applicable legal sanctions and are free from responsibility for the actions that have been committed by them or their groups. So it is important for the development of human rights in Indonesia to improve the norms of command responsibility in Article 42 of Law no. 26 of 2000. Based on these issues, the author will integrate several comparative laws and principles to get a concrete solution. The purpose of this research is to build a legal framework to strengthen the enforcement of Indonesian human rights. The methodology that will be used is a normative method with a conceptual approach. The findings of this study reveal that several human rights violations by the Command in Indonesia have not yet been resolved properly and have attracted international attention. In theoretical studies, the existence of the principle of command responsibility is considered difficult to prove in court. The involvement of human rights violators by the TNI command in several cases is evidence that the implementation of the command responsibility mechanism in human rights violations is far from being expected.

Legal Capacity of Non-COVID Patients in Human Rights Enforcement in Indonesia

The Covid-19 pandemic has brought many changes in people's living order in Indonesia. In this case, the health sector and hospitals as facilities and infrastructure of health facilities organizers have many challenges so as not to become the main victims in the spread of this pandemic. However, one of the less fortunate cases was the death of pregnant women due to the hospital's negligence in handling the first childbirth during the Covid-19 pandemic. This study aims to further examine the extent to which it is regulated in the legal system in Indonesia, the main responsible strategies and institutions, as well as other aspects that can be found in the confusion of the problem. Researchers used the Goal-Free Evaluation Framework as an independent form of the goals to be achieved in the Human Rights Act and looked at the other side to be found during the evaluation of the issue of Human Rights violations. The result is that human rights have been regulated from the acceptance of health services by the public and employment laws of the medical team and hospital strategies listed in the Service Operational Standards but have not been fully implemented. Furthermore, it is the responsibility of the local government in minimizing the occurrence of human rights violations as the institution that is most attached to the community despite the national Human Rights Commission in charge of further reviewing the issue, especially after the findings are found and other factors arising from the case.

Customary Law and Limitations to Constitutional Rights in Botswana

ABSTRACT The protection and enforcement of human rights are at the heart of any constitutional framework, which is usually inclusive of limitations aimed at securing a reasonable enjoyment of these rights for all persons. The extent to which the courts have been able to support the enjoyment of constitutional rights by, among other things, striking down laws that impose excessive limitations on such rights has become extremely important. The second chapter of Botswana’s Constitution provides for a catalogue of rights which contain inherent limitations and, in some cases, exemptions. One exemption relates to matters that appear to be insulated from the provisions of section 15 of the Constitution, namely the right to non-discrimination. It is an exemption which brings to the fore issues relating to the limitation of constitutional rights and the application of customary law in Botswana. This article provides insights into the courts’ approach in dealing with these limitations and exemptions, and their attempt to strike a balance between the enjoyment of constitutional rights and the application of customary law.

Customary Law in Anglophone Cameroon and the Repugnancy Doctrine: An Insufficient Complement to Human Rights

This paper examines the application of the repugnancy doctrine in the administration of customary law in Anglophone Cameroon and unravels the relationship it fosters with human rights. The paper adopts a qualitative methodology grounded in doctrinal research and argues that state courts of Anglophone Cameroon have shown an exaggerated reliance on the doctrine and have readily invoked it as an alternative measure to incorporate human rights norms in their jurisprudence. The inference to be drawn from this development is that state courts are employing the repugnancy doctrine as a medium to engage with human rights in the enforcement of customary law. This is an unfortunate development given that, in the absence of clear standards of application, the repugnancy doctrine provides wide discretionary latitude to judges who, as case law reveals, may deflect interest in the enforcement of human rights. Consequently, the doctrine has been relied upon to justify standards that are contrary to those professed by human rights principles. The paper asserts forcefully that, irrespective of its nexus with human rights, the doctrine remains an unreliable alternative to human rights. It advocates for the repeal of the doctrine and equally encourages state courts to engage more with human rights, as enshrined in Cameroon’s 1996 constitution, which, unlike the repugnancy doctrine, provides precise and unambiguous standards.

KEBIJAKAN PERLINDUNGAN ANAK BINAAN LEMBAGA PEMASYARAKATAN DI MASA PANDEMI COVID-19

Based on humanitarian considerations and human rights enforcement, the Indonesian government through the Ministry of Law and Human Rights of the Republic of Indonesia has issued a policy to protect children in prisons during the Covid-19 pandemic. This policy is not far from the pros and cons of various circles. On the one hand, the policy is welcomed to reduce the spread of Covid-19, on the other hand, the policy is considered to disturb public security. Therefore, the policies of the Ministry of Law and Human Rights, especially those related to child protection during the Covid-19 pandemic, are important to be further reviewed in this article. This research is normative legal research / doctrinal research. The approach used in this research is the statutory approach (statute approach), analytical approach (analytical approach), conceptual approach (conceptual approach), and the case approach (case approach). The increasingly massive spread of Covid-19 poses its challenges in protecting children as a vulnerable group. Responding to this condition, the central government issued several policies to protect children during a pandemic. These policies include Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 10 of 2020 concerning Terms of Providing Assimilation and Integration Rights for Prisoners and Children in the Context of Preventing and Combating the Spread of Covid-19, as well as Decree of the Ministry of Law and Human Rights Number M.HH-19. .PK / 01.04.04 concerning the Release and Release of Prisoners and Children through Assimilation and Integration in the Context of Preventing and Combating the Spread of Covid-19.
 Keywords: Covid-19, Child Protection, Policy

What Could Be, But Never Has Been: Horizons of Human Rights and Racial Justice

The US’s authority as chief enforcer of human rights grows increasingly illusory as civil unrest brings the quotidian nature of racialised human rights violations in the US into a frame shared by authoritarian regimes. This reality animates my analysis of how an organisation I call Doctors for Humanity (DfH) finds its footing in a terrain of human rights enforcement that is shifting from a global to a domestic focus. The US is not an actual space of freedom but often represents the limit of possible freedoms. This horizon evokes something that always could be but never has been and unmasks what I analyse as a constitutive unfreedom at the heart of liberalism in American empire. To attend to human rights violations in the US is to undermine American authority and its right and responsibility to make claims about the actions of other nations. As a future physician and human rights advocate invested in racial justice, I illuminate the paradoxes of ethical action within a context where the possibility of freedom for some depends upon the unfreedom of others. To effectively police human rights from this perspective necessitates the deconstruction of the US as a space of freedom, pointing instead towards a praxis of global human rights which lives up to the concept’s aspirational universality.

The Commission on Human Rights and Administrative Justice of Ghana in Retrospect

The role of quasi-judicial bodies is without doubt of golden importance especially in our part of the world considering our adversarial system and the reactive nature of the courts which makes the regular courts unable to ensure the full enforceability of human rights. In our part of the world, many victims of human rights violations due to illiteracy are unaware of their rights and thus are unable to exercise the enforcements and protection of their rights in the courts. Also, some victims due to financial constraints or the fear of unending litigation shy away from the courts. This and many more justify the establishment of the Commission on Human Rights and Administrative Justice (CHRAJ) as a human rights institution since it supplements the role of the court by increasing public awareness through education as well as conducting its functions in such a manner so as to promote the protection of the fundamental human rights provisions enshrined under the 1992 Constitution of Ghana. In recent times the Supreme Court of Ghana has, through decided cases, defined the scope of CHRAJ’s mandate thereby outlining the jurisprudence of its mandates. This paper would take the form of a combination of a Prescriptive and Descriptive study analyzing the scope of CHRAJ’s mandate under the 1992 Constitution as well as relevant laws whilst resorting to some decisions of the Supreme Court so as to ascertain the scope of CHRAJ’s mandate at present. Thereafter, recommendations would be proposed aimed at ensuring the effectiveness of CHRAJ in line with its aim of promoting and protecting the fundamental human rights of the citizenry especially by resorting to the functions of similar institutions in other jurisdictions. The study, thus, is very significant because CHRAJ has a critical role to play in promoting and protecting human rights and integrity. In light of Ghana’s political and legal history, it is expedient that CHRAJ maintains its widespread but properly controlled investigative role since it provides a low-cost access to the enforcement of human rights, bypassing the high cost of access to the judicial system. It thus has the potential of extending the reach of fundamental human rights to many ordinary people and protection for them from abuse of power, corruption and unfair treatment by public officials.

How are Human Rights in the Concept of a State? A Review Book 'Negara Hukum dan Asasi Manusia', Dr. Bahder Johan Nasution, S.H., SM., M.Hum., CV Mandar Maju, Bandung, 2017, 286 pages, ISBN: 978-979-538-382-6

For a long time, the issue of the state of law and human rights has always been debated among state legal experts and political thinkers. The purpose is to find an ideal concept about the state of law and the protection of human rights. However, for centuries, the concept of the state of law and the protection of human rights that are considered ideal has always been a debate. Moreover, so far there has been an impression that understanding human rights protection is superficially understood because it is only seen as mere moral guidelines. That understanding is wrong understanding because the understanding is not only on the moral order but also on the legal order. The facts show that, as a result of a superficial understanding of human rights, respect and also the enforcement of human rights are often not carried out properly as envisioned by a state of law. Based on this fact, this book has been compiled by referring to various literatures on constitutional law, political science and philosophy, which also describe the concept of the state of law and human rights, the concept of sovereignty and democracy, and the concepts of protection and the enforcement of human rights. Thus, the reader's understanding of the concept of the state of law and human rights can be understood in its entirety The understanding is not only in the concept of the state of law in legal formal way, but also in understanding more theoretical and philosophical concepts. Likewise, the understanding of human rights is also not only about conceptual understanding, but also understanding in the form of respect and protection of human rights implemented through the enforcement of human rights law.

Human Rights. Protection and enforcement

The article is devoted to the analysis of the essence and content of the categories «human rights», «protection of human rights», «human rights enforcement» in terms of the substantive relationship between the constitutional state and the individual in modern society. It is emphasized that addressing these terms through the prism of human rights in order to effectively implement them, it is necessary to clearly understand their content and scope of possible actions covered by them, as well as to distinguish between «protection» and «enforcement» at both scientific and legislativelevels, taking into account, inter alia, their lexical meaning. It is determined that everyone, on the one hand, should be able to freely choose the way to protect their rights, and on the other – must be sure that the state guarantees equal opportunities for everyone, regardless of race, language, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, etc., to use these methods of protection. The role and importance of public authorities in the process of protection and enforcement of human rights and freedoms and the state responsibility to the individual as an integral part of ensuring constitutional human rights are also defined. It is concluded that an integral part of constitutional human rights enforcement is certainly the existence of an effective and efficient mechanism of legal responsibility of the state to the individual. Keywords: human rights, protection of human rights, human rights enforcement, public authorities, state responsibility.

Migration and Displacement: Legal Constraints of Internally Displaced Persons in Nigeria

This paper sets out to evaluate how displacement impacts on migration in Nigeria. Displaced persons ordinarily suffer from severe deprivations and precarious living conditions; the outbreak of the COVID-19 pandemic without doubt, worked even more grave hardships on the community of the displaced. This paper ventures into the effects/challenges brought upon displaced persons with regards to the enjoyment and enforcement of human rights and the ability of such persons to abide by the restrictions and regulations guiding conduct of persons during the pandemic. It considers the factors causing displacement and argues that the living conditions of displaced persons leaves them with no option but to disregard the regulations consequent upon the failure of government to put in place enabling conditions that will engender respect and obedience to the regulations. The paper adopts the doctrinal approach and examines the regulations on internally displaced persons (IDPs) through reliance on relevant laws in Nigeria, data collection and existing literature. The paper concludes among others that there is the need for a national legal framework specifically for internally displaced persons that will cater for prevention and management of internal displacement in Nigeria as against the provision of a national policy.

Access to Justice

This encyclopedia entry offers an overview of access to justice in the field of human rights. While the concept of access to justice is difficult to grasp, the entry identifies two primary ways in which it intersects with human rights: On the one hand, access to justice relates to the vindication and enforcement of human rights and, in this sense, functions as a pre-requisite for effective human rights protection. On the other hand, human rights also provide (external) standards as to how access to justice is to be guaranteed in domestic legal systems when it comes to legal disputes arising under domestic law. The entry traces these two dimensions and uses them as a framework to sketch out what one may loosely call ‘access to justice rights’. It closes by pointing to trends and challenges that inter alia arise from an understanding of access to justice that is predominantly legalized, individual-oriented and state-centred.

Enforcement through Coercion: American Economic Sanctions and International Human Rights Standards

Though centralized enforcement of global human rights standards is weak, powerful states can act unilaterally to punish rights violations. Focusing on the United States, which is the most frequent `sender' of sanctions for human rights, we theorize how the incentives for sanctions differ across the legislative and executive branches of government, as well as how the legal foundation for sanctions vary across issue area. Employing a new fine-grained dataset of US economic coercion, we examine the conditions under which---and the consistency with which---the United States employs sanctions for human rights. We show that certain human rights issues, characterized by interbranch agreement and domestic policy externalities, give rise to systems of `dedicated' enforcement where violations are systematically monitored and punishment is more likely. In other more politically-contentious areas, US human rights enforcement is more ad hoc, but nevertheless responds at the margins to international legal commitments: when countries ratify certain certain global human rights treaties, they are more likely to be targeted by US sanctions in the event of rights violations.

The Inter-State Application under the European Convention on Human Rights: Between Collective Enforcement of Human Rights and International Dispute Settlement, written by Isabella Risini

The Inter-State Application under the European Convention on Human Rights: Between Collective Enforcement of Human Rights and International Dispute Settlement, written by Isabella Risini

Legal Protection of Children as Commercial Sex Workers in Human Trafficking Crime

Child protection is any effort made to create conditions so that every child can carry out their rights and obligations for the development and growth of children naturally, physically, mentally and socially. Child protection activities bring legal consequences, both in relation to written law and unwritten law. But in Indonesia the enforcement of human rights does not seem to pay much attention to aspects of child protection. The high crime rate of child trafficking shows that the government's efforts to protect child protection are not yet serious. The research method used is a normative juridical approach. The data used in this paper is data obtained from library materials. The results of this study note that the form of protection provided by Law No. 35 of 2014 concerning Child Protection is stipulated in Article 68 which states that special protection for child victims of abduction, sale and / or trafficking is carried out through surveillance, protection, prevention efforts, care and rehabilitation. While the protection of children as victims of trafficking in persons, based on the law. Number 21 of 2007 concerning Eradication of Trafficking in Persons Crimes regulates the protection of witnesses and victims, criminal acts carried out under the Law. Number 13 of 2006 concerning Protection of Witnesses and Victims. The protection model based on Law Number 21 Year 2007 regarding PTPPO does not differentiate between children and adults. Victim witnesses and reporters in child cases must receive protection and legal assistance. The implementation of the Child Protection Act (UUPA) in Indonesia is still very difficult to be taken seriously and is still an obstacle. The reason is none other than the number of people who have become consumers or users of child sex worker services.

Examining the Suitability of the International Minority Rights Regime as an Avenue for Advancing Self-Determination Claims

The international legal right of all ‘peoples’ to self-determination applies indeterminately to minority groups. The limited jurisprudence tends toward an ‘internal’ dimension of the right being available to minorities, to be exercised and negotiated domestically. However, where a state-minority negotiation process fails, the international law of self-determination is inadequate to resolve the ensuing deadlock. Accordingly, this article examines the suitability of minority protections under international human rights law (‘minority rights’) as a supplementary set of rules by which disputes concerning the self-determination of minorities might be resolved. It argues that owing to the strong conceptual and doctrinal overlap between the two areas, the enforcement of minority rights is a suitable strategy for advancing a self-determination claim. However, two bars within existing international human rights enforcement procedures – the non-justiciability of self-determination, and the requirement that complainants must be “victims of a violation” – substantially reduce the utility of this strategy at present.

REFORMASI HUKUM ISLAM DAN HAK ASASI MANUSIA PERSPEKTIF ABDULLAH AHMAD AN- NA’IM

This article explores the thoughts of Abdullah Ahmad An-Na'im regarding Islamic law and human rights enforcement. How does Islam answer contemporary problems, especially in the field of human rights. The main topic in the study conducted by Abdullah Ahmad An-Na'im was more based on the need to balance rights the rights of Muslims and non-Muslims as well as upholding the principle of equality, without gender discrimination, and in accordance with the concept of universalism contained in Islamic teachings which basically shows great concern for the main elements of humanity (al-insaniyyah). This research uses the library research method by examining various reference sources related to the human rights research model. Based on the results of research from various kinds of literature, it is explained that Abdullah Ahmad An-Na'im is one of the many Islamic figures and intellectuals who have sprung up bringing various new ideas and thoughts related to the re-actualization of Islamic law in the packaging of the modern syari'ah concept. This modern syari'ah concept says that when the historical shari'ah is confronted with modern public law, it will be found that in fact modern public law is more humanist and universal and is closely related to efforts to uphold human rights (human rights).

PROBLEM PENEGAKAN HAK ASASI MANUSIA DI INDONESIA

The issue of human rights enforcement has always been an interesting spotlight in the public, including in Indonesia. This is because the existence of human rights is always attached to every human being. Besides that, guarantee and protection of human rights is also one of the benchmarks for the nation and state progress. The presence of this research is also inseparable from the efforts to answer various problems of human rights enforcement in Indonesia, which have so far been considered badly by Human Rights Watch (HRW) in the 2020 word report, especially for vulnerable groups. Therefore, this research not only presents a detailed description of the theoretical aspects of human rights itself, but also describes in detail the important instruments for human rights enforcement, various problems in enforcing human rights in Indonesia, as well as some important solutions that needs to be implemented immediately in the practice of human rights enforcement so that the manifestation of substantive truth and justice is truly felt by all levels of Indonesian society.Keywords: Human Rights Enforcement, Human Rights Problems, Human Rights Enforcement Solutions