Individual Human Rights Research Articles

Human Rights and Mental Health: A Review of Current Awareness and Emerging Developments

Human rights are universal fundamental protections worth of all individuals, including those with mental health conditions. However, these rights are often observed violated in mental health care settings, where individuals may face forced treatment, isolation, and degrading conditions. Despite global advocacy efforts, to ensuring that these rights are respected, continues to be a challenge for healthcare professionals and the general public. This review examines the current awareness of human rights among mental health professionals and the public, identifies the knowledge gaps, and highlights the recent developments in policy and practice aimed at improving human rights in mental health care. A comprehensive search of academic databases identified relevant studies published between 2019 and 2024. Findings suggest a promising level of public knowledge about human rights, yet negative attitudes and stigma persist. While improvements in mental health services have been observed among healthcare professionals; resource limitations and a lack of social support remain challenging. A gap between knowledge and practice is evident, necessitating further education and training to ensure a deeper understanding of human rights complexities in mental healthcare. Overall, this review underscores the importance of continued efforts to raise awareness and advocate for the human rights of individuals with mental health conditions. By implementing educational and sensitization programs, a supportive environment can be created that empowers them to seek help without fear of discrimination.

The neglect of protection for undocumented Migrant Workers within the framework of Human Rights Law

The safeguarding of fundamental rights for undocumented migrant workers represents a critical challenge that necessitates immediate attention. This article addresses the oversight within the human rights discourse regarding the fundamental rights of undocumented migrant workers. Through empirical normative research, incorporating a comprehensive review of normative literature, this study critically examines the regulations affecting migrant workers through the lens of human rights. It identifies a significant correlation between the lack of protective guarantees for undocumented migrant workers and the various cases and consequences that ensue. From a human rights perspective, regulations prioritize equality before the law, protection, and anti-discrimination. This stance contrasts with existing laws that govern Indonesian migrant workers, wherein protection is exclusively extended to those legally recognized. Such exclusivity denies undocumented migrant workers the assurance of their fundamental rights. Arguably, the provision of basic rights and protections should be indiscriminately extended to all migrant workers, irrespective of their legal status. While the specifics of migrant worker placement can still be regulated concerning requirements, processes, involved parties, and responsibilities, these regulations must not infringe upon the fundamental human rights of individuals. Consequently, this paper advocates for a thorough evaluation of current legislation with respect to its content, the comprehension of involved stakeholders, and the practical implementation of regulations concerning the management of migrant workers.

The relevance of indigenous knowledge systems in social work education and practice in Zimbabwe: A human rights perspective

Indigenous knowledge systems (IKS) are central to communities in Africa. They shape, influence, and define the behaviour of societies. Most communities in Zimbabwe have consistently recognised the human rights of individuals. Understanding how IKS can influence social work theory and practice to uphold human rights is important. Human rights are an inherent part of the social work profession. The article explores the views of social work educators in Zimbabwe on the intersection of IKS and human rights in social work education and practice. Data were qualitatively collected from ten purposefully selected social work educators using an instrumental case study design. Evidence from the participants shows four essential aspects, which are, the relevance of indigenous knowledge systems in social work education and practice in Zimbabwe, the role of indigenous knowledge systems in the application of human rights in social work in Zimbabwe, ways to utilise IKS best to uphold human rights; the challenges faced by educators in utilising indigenous knowledge systems in social work in Zimbabwe. The article concludes that IKS upholds human rights perspectives in social work theory and practice. The article recommends that IKS, informed by a human rights perspective, be integrated into social work education and practice in Zimbabwe and practised at the micro, mezzo, and macro levels.

PROTECTION OF THE RULE OF LAW AS A CONSTITUTIONAL PRINCIPLE AND INDIVIDUAL RIGHT BY THE CONSTITUTIONAL COURT OF KOSOVO

This article examines the case law of the Constitutional Court of Kosovo and explains how this court protects the rule of law, as a fundamental constitutional principle and as a human right. The example of Kosovo is intriguing because of the peculiar historical, political and legal backdrop against which the Constitution was drafted, and the constitutional adjudication that has taken place. Methodologically, this analysis is based on a review of the landmark cases when the Constitutional Court of Kosovo reasoned its decisions with reference to the specific constitutional provisions that enshrine the principle of the rule of law. The paper highlights that the Constitutional Court of Kosovo refers to the rule of law as a general normative framework for adjudicating cases of abstract constitutional review, as well as for deciding cases submitted by individuals – mostly in conjunction with the right to a fair and impartial trial. By scrutinizing the cases of Kosovo, this analysis highlights the role of constitutional courts in ensuring that general constitutional principles, such as the rule of law, are justiciable and have practical effect for human rights of individuals.

Legal pluralism and the production of (un)certainty in lived migration orders

This article builds on three of Keebet von Benda-Beckmann’s core concepts, namely, legal pluralism, social security and relational social theory, to reflect on the place of law in lived migration orders, both in the global north and in the global south. To do this, we build on three empirical case studies from our respective fieldsites in Germany, Belgium and the DRC. These cases illustrate how ‘thinking with Keebet’s work’ not only offers useful ‘sensitizing concepts’ for the empirical study of migration law and migration studies more broadly, but also provides a much-needed conceptual vocabulary to speak to and intervene in current debates in more doctrinal legal scholarship on global migration law. With this double aim in mind, we first build on a legal pluralism perspective to show how migration governance can be better understood through the prism of ‘lived migration orders’. We then suggest rethinking state sovereignty, citizenship, and individual human rights in light of historical and newly emerging relational configurations. Finally, we suggest a new avenue for reconceptualizing migration governance beyond rights-based categorizations of migrants by paying more nuanced analytical attention to situations of uncertainty and how they contribute to social (in-)security.

A holistic view of human rights and its application in the context of infectious disease pandemics

Under the new coronavirus epidemic, the implementation of public health measures has generated some resistance in countries around the world. The essence of examining the human rights claims of those who oppose the epidemic is that they have a too narrow understanding of individual human rights and ignore the obligation implications of human rights itself. From the historical point of view, health and epidemic prevention is the objective necessity of the survival and development of human society; From the ethical point of view, the joint fight against the epidemic is the moral obligation of the coordinated development of individuals and society. From the normative point of view, the management of infectious diseases is the basic consensus established by many international conventions. To correct the narrow understanding of individual human rights concept, the global human rights concept should be established in pandemic governance, and the concept of human health community should be shaped in the pandemic convention to build governance consensus, implement the same health concept to clarify the scope of governance, implement the principle of common but differentiated responsibilities, and strengthen the participation of individuals and communities in public health governance to improve governance paths. To shape a more reasonable and effective pandemic governance order.

Reverse Evidence System in TPPU and Corruption Criminal Verdict Cases

<p>In the context of criminal law, the burden of proof generally lies with the prosecution. However, in cases of Money Laundering (TPPU) and Corruption, there is a unique phenomenon in the form of a 'reverse evidence system'. This system allows the burden of proof to be shifted to the defendant to prove that the assets or property he owns come from a legitimate source. This phenomenon emerged in response to the difficulty of uncovering the extensive networks and complex methods used by TPPU and corruption perpetrators. Through a literature study, this research explores the origins, legal basis, and implications of applying the reverse evidence system in these cases. The research results show that although this system has advantages in increasing the effectiveness of prosecutions, it also raises controversies related to human rights principles and principles of justice. It is important for legal practitioners to understand the balance between efforts to eradicate crime and protect individual human rights.</p><p>Keywords: Burden of Proof; Corruption; Human Rights; Money Laundering Crime (TPPU); Reverse Evidence System.</p>

Reproductive Justice in the Hindu Balinese Compound: Community, Property and Development

Building communities is one way to limit inequality in the global development process. In Indonesia, that principle can best be illustrated in the Hindu Balinese compound. But does discrimination against women, especially those of lower class and caste, fundamentally undermine the community? Feminists contend so, but what is the nature of the pressure on Balinese women? Why is this experienced? How could this discrimination be resolved? Drawing on a wider intersectional feminism, primary data from 72 people and thematic analysis, it seems both the reproductive and property rights of Balinese women are constrained. But ordinary Balinese women, activists, and intellectuals do not share the Western feminist case of dismantling communities for individual human rights. Instead, Balinese people largely advocate Hindu community alternatives, at the heart of which is strengthening the institution of ‘nyentana’. This alternative helps to decolonize “gender,” and reproductive justice, while putting the case for studying social economics a bit more in development studies.

Human Rights And Public Policy Implementation : Narcotics

This research discusses the relationship between Human Rights (HAM) and the implementation of public policies related to narcotics. In a global context, narcotics policies are often a source of controversy due to their impact on individual rights. This research evaluates how narcotics policies can affect basic rights such as the rights to life, liberty, health and justice. In some cases, harsh legal crackdowns on narcotics have led to human rights violations, such as arbitrary arrest and detention, as well as the use of force by security forces. On the other hand, some countries have tried alternative approaches, including decriminalization or legalization of narcotics, with the aim of reducing the negative impact on individuals. This research uses a normative approach. The conclusion from this research is that it is important to maintain a balance between efforts to prevent and handle narcotics with protecting individual human rights. Effective implementation of narcotics policies must take into account the basic rights of individuals and seek to reduce negative social impacts. This research underlines the need for a holistic and sustainable approach in dealing with narcotics issues without compromising human rights

Episodic versus thematic media framing of violence against social leaders and human rights defenders in Colombia.

Social leaders and human rights defenders (SLHRD) in Colombia have been under increasing attack for defending the rights of communities affected by violence. From 2016 to 2022, over 600 SLHRD were assassinated, resulting in a serious violation of both individual and community human rights. The media's portrayal of these attacks can shape public perceptions and influence efforts towards peacebuilding and promoting human rights. This study examines the media's framing of violence against SLHRD in Colombia between 2016 and 2020, a period marked by an escalation of violence after the signing of the 2016 peace accord between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC). We analysed 1506 textual publications from seven media outlets using a lexicometric approach and identified two frames of news articles: episodic and thematic. Our findings suggest that the episodic media framing may present a simplistic and non-political perspective of the issue, which can impede peacebuilding efforts, while the thematic frame can raise awareness of violence against SLHRD and promote human rights defence. Our study highlights the media's significant role in shaping public opinion on violence against SLHRD, offering practical implications for advocacy and activism.

VICTIMLESS CRIMINAL ARRANGEMENTS: A REVIEW OF MORALITY CRIMES

<em>Criminal law without victims is a legal concept that focuses on the restoration of social harm and the protection of societal values, rather than solely addressing individual harm. Acts of indecency involve behaviors that violate social norms without directly affecting physical or economic victims. The regulation of victimless crimes in the context of decency laws is relevant to changes in societal behavior and modern technology, but it also raises questions about the balance between protecting societal values and individual freedoms. This research aims to evaluate the regulation of victimless crimes in the context of decency laws in Indonesia and analyze the impact of implementing these regulations on modern society. The study employs normative research methods to analyze the relevant legal regulations concerning victimless crimes in the context of decency. Data will be collected through literature reviews, including online and printed legal sources, with the goal of providing valuable recommendations for policymakers and legal practitioners addressing issues related to victimless crimes in decency. The research findings highlight that in Indonesia, the regulation of victimless crimes in the context of decency includes laws aimed at preserving the morality and decency of society as a whole without requiring individual victims who feel harmed. Examples of such laws include the Pornography Law, Gambling Regulation, and Child Protection Law. While these laws protect moral values, they can also pose threats to individual freedoms, necessitating ongoing evaluation to strike the right balance. The implementation of these regulations in modern society has complex impacts, including on individual human rights, legal effectiveness, social norms, culture, and government-citizen relations. Achieving a balance between safeguarding individual human rights and regulating behavior perceived as harmful to society is crucial in the development of modern society.</em>

OPCAT: How an international treaty regarding torture is relevant to the Australian mental health system.

The United Nations Subcommittee on the Prevention of Torture visits signatory nations to the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). Its role is to monitor and support signatory nations in implementing and complying with the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). In October 2022, the United Nations Subcommittee on the Prevention of Torture visited Australia but was barred from visiting mental health wards in Queensland and all detention facilities in New South Wales leading to the termination of its visit. This breach of Australia's obligations under the OPCAT presents a significant setback for the rights of people with mental illness and other involuntarily detained populations. This piece sets out to demonstrate the relevance of OPCAT to the mental health system in Australia. Individuals who are detained for compulsory treatment in locked facilities such as acute psychiatric inpatient wards and forensic mental health facilities are deprived of their liberty, often out of public view. Thus, it highlights the ethical and professional obligations of all mental health professionals, especially psychiatrists, to safeguard the human rights of individuals being detained in mental health facilities as enshrined in Australia's international legal obligations under the OPCAT. Adhering to these obligations diminishes the risk of future human rights violations of people with mental illness.

Transgender rights under us law and experience in building transgender rights in Vietnam

Gender transition is an issue related to individual human rights, both a legal and social issue. For a long time, the rights of transgender people have received attention from many countries around the world. The United States and the Netherlands are two countries where the fight for transgender rights is strong and there are laws regulating gender transition. This article focuses on analyzing the legal provisions of the United States and the Netherlands on the rights of transgender people and suggests some solutions for building and perfecting the law on transgender rights for Vietnam.

Analysis of Inclusive Education Practices for Children with Intellectual Disabilities

Children with intellectual disabilities constitute a vulnerable demographic that has garnered widespread attention, making their guidance and education pivotal for the progress and evolution of the education sector. As the concept of quality education deepens, there is an escalating emphasis on addressing the needs of children with intellectual disabilities. However, traditional mainstream education falls short of catering to the psychological requirements of this group. The mere application of specialized educational methods can easily evoke feelings of inferiority and exclusion among children with intellectual disabilities. To effectively tackle this issue, the concept of inclusive education has emerged. This educational approach places a heightened focus on the individual life value and human rights of special children, aiming to resolve the educational challenges faced by this group through a diverse educational philosophy. This article conducts a comprehensive analysis of the essence of inclusive education and delves into its practical application in the education of children with intellectual disabilities. The objective is to offer valuable insights for continually enhancing the effectiveness of teaching for special children.

동성애 가족에 대한 대학생의 태도 연구

Background/Objectives: The purpose of this study is to examine same-sex marriage legalization in Korea, occurring at a time of different opinions on homosexuality, and through this, the attitude of college students toward same-sex families. The paper describes the participants' views on same-sex marriage legalization and the reasons behind these perspectives, and explains their opinions on the experiences of children in same-sex families after the legalization.
 Methods: 58 college students attending metropoli tan higher-learning institutions participated in this s tudy. They were divided into groups for protocol description, and focus group interviews. The collected data were analyzed using the constant comparison and focus group interview analysis methods.
 Results: The results of this study were as follows: First, respect for individual freedom and human rights was the primary core value for college s tudents in forming views on same-sex marriage legalization. Second, they were concerned that the legalization of same-sex marriage would be in conflict with the values of heterosexual families and create social confusion. Third, even if their views on legalization were positive, participants showed reservations about same-sex families based on van ous difficulties that such children may face during their development. Fourth, college students emphasized that same-sex parents should guarantee their children's right to self-detennination and protect them from social stigma.
 Conclusion/Implications: This study explores college students' attitudes toward same-sex marriage and same-sex families contrary to heterosexism. Amid van ous discussions on the legislation of same-sex marriage currently underway, the results of this study may contribute to scholarly discourse on children of same- sex families.

Experience in Accessing Healthcare in Ethnic Minority Patients with Chronic Respiratory Diseases: A Qualitative Meta-Synthesis.

Access to healthcare is part of every individual's human rights; however, many studies have illustrated that ethnic minority patients seem to be confronted with barriers when using healthcare services. Understanding how healthcare utilities are accessed from the perspective of patients and why healthcare disparities occur with patients from a minority background has the potential to improve health equality and care quality. This qualitative systematic review aims to gain insights into the experiences of people with chronic respiratory diseases (CRDs) from a minority background and explore factors contributing to their experiences in accessing healthcare to inform related health policy makers and healthcare providers. This systematic review complied with the Preferred Reporting Items for Systematic Reviews and Meta-Analyses, where the Joanna Briggs Institute meta-aggregative instrument facilitated the qualitative synthesis. The study protocol was registered with PROSPERO (CRD42022346055). PubMed, Scopus, Web of Science, and CINAHL were the databases explored. From the papers selected, 47 findings were derived from 10 included studies, and four synthesised findings were generated: (1) the relationship between patients and healthcare professionals affects the usage of healthcare services; (2) patients' perceptions and cultural beliefs affect their compliance with disease management; (3) personal behaviours affect the usage of healthcare services; and (4) health resource inequalities have an impact on accessing healthcare services. This systematic review demonstrates that ethnic minorities with CRDs face inequalities when engaging in healthcare. The relationship between patients and clinicians impacting the use of healthcare is the most pivotal discovery, where not speaking the same language and being of a different race alongside the accompanying criticism and faith in facilities are key contributors to this effect. In addition, the thinking patterns of these marginalised groups may reflect their cultural upbringing and diminish their engagement with therapies. This paper has uncovered ways to attenuate inequalities amongst ethnic minorities in engaging with healthcare providers and provides insight into building effective equity-promoting interventions in healthcare systems. To overcome these disparities, coaching doctors to communicate better with minority cohorts could help such patients to be more comfortable in connecting with medical facilities.

Konflik antara Hak Asasi Manusia dan Kepentingan Publik dalam Penegakan Hukum Pidana: Studi Kasus Kontemporer

Criminal law enforcement is a field that often faces complex challenges in balancing individual human rights with the broader public interest. This study examines in depth the comparison between human rights principles and the need to maintain public order in the context of criminal law enforcement. The author illustrates this conflict through contemporary criminal law case studies that reflect real-world situations. The research method used in this research is a descriptive qualitative method. Data collection techniques use content analysis techniques. The results of this research particularly highlight the ongoing tension between the protection of individual rights guaranteed by law and the urgent need to maintain social order required by society as a whole. By exploring this concept, this research contributes to a deeper understanding of how criminal law enforcement impacts human rights in the complex context of the modern world.

Challenges to individual religious freedom in the Indigenous communities of Latin America

Whilst Indigenous autonomy is generally regarded as something positive, the existence of human rights abuses inside Indigenous communities has received relatively little attention in legal scholarship. Human rights abuses include severe violations of religious freedom, particularly of converts away from the traditional religion. Based on original empirical field research conducted in the Nasa Indigenous territories in the southwestern highlands of Colombia (2010–2017), I discuss the challenge of balancing the right to self-determination of Indigenous Peoples and the individual human rights of people living in Indigenous territories, particularly religious minorities. I show this has implications for the analysis of “minority in the minority” situations beyond the context of Latin America.

The Implementation of the Presumption of Innocence in Law Enforcement Coverage by the Mass Media

The application of the presumption of innocence in the press has long been a subject of attention and debate, both within the legal community and among journalists themselves. However, until now, the debate has not reached a consensus. Debates have started to arise regarding how the provisions in the Constitution (1945 Constitution) should be interpreted regarding applying the presumption of innocence in the press field. The debate continues to the level of analyzing how the legal regulations on the presumption of innocence should be applied in the field of press, and even the technical implementation in reporting. This paper utilizes normative legal research with a descriptive-analytical approach. Secondary data is sourced from legal regulations in the field of the press. Through qualitative analysis, the research yields the following results: Firstly, the presumption of innocence is incorporated into the Journalistic Code of Ethics with the hope that mass media, in their reporting, will not fall into the trap of "trial by the press," which involves reporting that tends to "judge" someone, violating the principles of a fair trial. Reporting that tends to express opinions on the guilt of a suspect not only violates the fundamental principles of the rule of law, namely judicial independence but also infringes upon an individual's human rights by diminishing their right to a legal defense.

Legal procedure and human rights

The problem of modern law is the well-founded establishment of legal procedures in the field of human rights and their adequate legal regulation. Unreasonable complication of procedures, lack of clarity of their regulation in the law leads to weakening of opportunities for the realization of human rights and negatively affects the legal protection of a person in society. Procedures for the realization of individual human rights in a democratic society can become complex in favor of public safety, ensuring and protecting the rights and freedoms of other citizens. In particular, political rights and freedoms are important for individuals and for society as a whole, require taking into account the interests of various subjects and emphasize the need to coordinate these interests to prevent possible negative political consequences and violations of the rights and freedoms of other citizens. Human rights are directly related to the interests of both an individual and many other subjects. Therefore, there is a need for a comprehensive combination and coordination of various interests, since a different level of legal awareness and responsibility of an individual can cause adverse consequences, harm the rights and freedoms of other citizens. Therefore, human rights require a special implementation mechanism, which includes various types of implementation procedures (initiative, procedural and legal), and even special law-enforcement procedures (state registration procedure, permit-licensing procedure, representative procedure, and others), which increase and help ensure efficiency and the legality of the process of their implementation. Legal procedures for the realization of human rights in a democratic society must meet a number of requirements: be socially justified and comply with the principles of democracy and the supremacy of human rights; be sufficient and understandable for the subject; to be fixed at the level of law and to contain a minimum of restrictive and blanket norms that generate unnecessary by-law rule-making; not to create artificial obstacles to the exercise of rights during implementation; correspond to the content of the rights for which they are established; to be provided legally, organizationally, materially.