Victims Of Human Rights Research Articles

Genosida Sebagai Pelanggaran Hak Asasi Manusia (HAM) Yang Berat

Deprivation of Human Rights using various criminal methods has been happening for a long time. Since then, many international regulations have set limits and prohibitions regarding war crimes up to genocide, including judicial bodies that are given responsibility for crimes that have been committed. By knowing the actions and bodies authorized to prosecute serious human rights violations, we can understand current changes in the existence of the crime of genocide. The aim of realizing international legal instruments is to fulfill the human rights of victims, the world community and perpetrators. The research method used is normative juridical. The research approach is through a statute approach, which examines problems using statutory regulations by analyzing relevant laws to be used as a legal basis, such as the Convention on the Prevention and Punishment of the Crime of Genocide in 1948, the Statute of the International Criminal Court in 1998 and the Law on Law Number 25 of 2000 concerning Human Rights Courts. The research results concluded that the crime of genocide is one of four serious human rights violations within the jurisdiction of the International Criminal Court. Genocide always involves two things, namely: objectively it refers to the act of extermination and subjectively the target of the action is a certain group. The International Criminal Court, in accordance with Article 34 of the 1998 Rome Statute, consists of four parts: The Presidency, the Chambers, the Offices of the Prosecutors and the Registry in carrying out its duties. The International Criminal Court will only carry out its functions if the National Court cannot carry out its functions properly, in this case the meaning is if the National Court does not want to try the perpetrator of the crime and unable.

Membangun Tembok Perlindungan Hak Asasi Manusia di Era Kejahatan Lintas Negara

Transnational crime is increasingly widespread in the era of globalization, presenting new challenges in protecting human rights (HAM). This article discusses the need to build a strong wall of human rights protection to combat transnational crime. Transnational crimes such as human trafficking, drug trafficking and terrorism have grown rapidly in the era of globalization. These crimes not only harm the affected countries, but also threaten the human rights of the victims. Transnational crime presents several challenges in protecting human rights. First, its cross-border nature makes law enforcement complicated. Second, the victims of these crimes are often intimidated and do not have access to justice. Third, the lack of international cooperation in fighting transnational crime. To overcome these challenges, it is necessary to build a strong human rights protection wall. Building a wall to protect human rights is a common task for all countries in the world. With strong cooperation and commitment, we can combat transnational crime and protect the human rights of victims.

Legal Protections Analysis for Physical Assault Victims and Their Impact on Public Safety: Case Study of Judge's Decision Number 399/Pid.B/2020/PN Dps

Demolition is a criminal act that not only violates the human rights of victims, but also has a serious impact on the community's sense of security. This study aims to examine the legal protection provided to victims of demolition in Judge Decision Number 399/Pid.B/2020/PN Dps and its implications for public safety. This study uses a normative juridical method with a case study approach. Primary data is obtained from judges' decisions, while secondary data is collected from laws and regulations, legal literature, and previous research. Data analysis is carried out qualitatively with legal interpretation and argumentation techniques. The decision of Judge Number 399/Pid.B/2020/PN Dps shows that there are efforts to protect the law for victims of demolition through the provision of compensation and rehabilitation. However, this ruling has not fully reflected the more comprehensive aspect of restorative justice. The implication of this decision on public security is that there is still potential vulnerability and public distrust of law enforcement. Legal protection for victims of demolition needs to be strengthened with a more comprehensive restorative justice approach, involving the active participation of victims, perpetrators, and the community. The strengthening of legal protection is expected to increase public security and prevent similar crimes from occurring in the future.

Elitist Remedies? Complaint Resources and Representation in International Human Rights Bodies

Abstract This article investigates determinants of representation in international human rights bodies. It is argued that socioeconomic factors shape whether human rights abuses translate into complaints to international human rights mechanisms. To seek international remedy, victims of human rights abuse must be aware of remedies, and they require complaint literacy to file complaints. Alternatively, they need ties to skilled networks that might represent their cases. Such complaint resources are systematically shaped by socioeconomic factors, implying that international human rights remedies tend to represent a self-selection of economic elites. The theoretical claims are tested both on the national and individual levels with novel data on the human rights complaint mechanisms operated by the UN Special Procedures (UNSP). While this mechanism is universally open, the follow-up statements of the UNSP reflect socioeconomic disparities both on the national and individual levels. On the national level, human rights abuses translate into more UNSP statements directed at richer countries. On the individual level, lawyers and professors tend to be more likely to be covered by the UNSP. The findings contribute to our understanding of representation in international human rights remedies, suggesting that these mechanisms struggle to reach marginalized groups in low-income countries.

PERLINDUNGAN HUKUM TERHADAP KEKERASAN SEKSUAL PADA ANAK DIKOTA PALEMBANG MENURUT UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK

Abstract
 Sexual violence is a legal issue that is very important to study because in this case it involves the human rights of victims which result in traumatic psychological and physical trauma. The phenomenon of sexual violence against children in Indonesia has a problem. Sexual violence in Indonesia continues to increase significantly. However, many victims of sexual violence against children do not have the courage to report to the obligatory parties or child protection agencies about criminal acts of sexual violence. The above is what motivated the writer to be interested in writing this thesis and research. This research aims to find out how far the application and protection of the law against sexual violence against children in the city of Palembang Law No. 35 of 2014 concerning amendments to Law No. 23 of 2002 About Child Protection. In this study the authors used qualitative research. The research method used is an empirical juridical research method with data collection techniques through library research and field studies, namely conducting direct interviews with related parties. From the results of this study it will be known how the implementation of "Legal protection against sexual violence against children in the city of Palembang according to Law Number 35 of 2014 concerning amendments to Law No. 23 of 2002 concerning Child Protection. And also explain the causes of the occurrence of criminal acts of sexual violence against children.
 Keywords: Legal Protection, Sexual Violence in Children, Social Symptoms

The Judiciary's Position in Encouraging Gender Equality

We have addressed and discussed the topic of Gender and the Law in all aspects over the past one and a half days, including gender-based violence, gender and judging, human rights of victims and perpetrators of violence, equality in property division, gender equality and international treaties, as well as gender in the workplace, masculinity and violence, sentencing, and access to justice.

Human Rights Perspectives on Resolving Medical Malpractice Cases through Penal Mediation in Indonesia

This study aims to analyze human rights perspectives in resolving medical malpractice cases through penal mediation in Indonesia and the United States and find solutions to improve human rights protection in resolving such issues in Indonesia. The research was conducted by juridical normative research methods with a comparative approach, and the analysis was carried out by legal hermeneutics. The results showed that penal mediation in resolving medical malpractice cases needs to be improved in Indonesia to pay more attention to the human rights of victims and perpetrators, especially regarding equality and recognition of victims. In the United States, it is necessary to create consistent and detailed federal laws regarding penal mediation to resolve medical malpractice cases. The legal concept/regulation of human rights protection in resolving medical malpractice cases through penal mediation in Indonesia must ensure that the human rights of victims and perpetrators are protected and that the solutions found meet the needs of both parties fairly and humanely.

“A Form of Reparation”

Abstract This article shares insights from participatory research conducted with former political prisoners, all of whom survived torture during El Salvador’s armed conflict (1980–92). An analysis of declassified documents reveals that while US officials generally resisted efforts to examine abuses against guerrilla supporters, they advocated behind the scenes for international oversight of prisons, and, in doing so, helped save lives. However, former prisoners’ analyses of the documents shows that US advocacy perpetuated grave misrepresentations about the nature of state repression, further empowering the apparatus of institutional violence even as it spared selected actors. Participatory research projects like this one can offer victims of human rights abuses abetted by US foreign policy an opportunity to reckon with the records of empire. Not only does this process generate new knowledge, but it contributes to survivor-led processes of healing. This is important to counter the imperialist epistemologies that often characterize scholarship on US foreign policy.

Vigilantism and Institutions: Understanding Attitudes toward Lynching in Brazil

Why do people support extrajudicial violence? In two survey experiments with respondents in Brazil, we examine which characteristics of lynching scenarios garner greater support for lynching and whether providing different types of information about lynching reduces support for it. We find that people often do support community members to take vengeance. In particular, our analysis finds that people strongly support the use of extrajudicial violence by families of victims against men who sexually assault and murder women and children. We also find that criminal punishment and the threat of vendettas reduce support, but appeals to the human rights of victims have zero effect on support for lynchings. Unlike the U.S. experience with lynchings, race was not observed to play an important role in how respondents answered the survey.

The Possibility of Truth and Justice in Ariel Dorfman’s Death and the Maiden

The paper examines the possibility of attaining justice and truth for victims of human rights abuses as represented in Ariel Dorfman’s Death and the Maiden (1991). The paper investigates the validity of the concept of transitional justice, as a national reconciliation policy, in addressing individual sufferings and stories. While analyzing the play, the paper handles certain questions: is transitional justice the appropriate tool to expose the truth and achieve the justice desired by the victims? Is the perpetrators accountability possible? Is retribution more effective if taken by the hands of the victims themselves? Can reconciliation even be possible for the victims? The paper uses theories and definitions of the concept of transitional justice as well as those of Trauma as its main framework of inquiry. The conclusion of the play is open to speculations as it is the case with most of human rights abuses and the process of justice and accountability related to them.

The Possibility of Truth and Justice in Ariel Dorfman’s Death and the Maiden

The paper examines the possibility of attaining justice and truth for victims of human rights abuses as represented in Ariel Dorfman’s Death and the Maiden (1991). The paper investigates the validity of the concept of transitional justice, as a national reconciliation policy, in addressing individual sufferings and stories. While analyzing the play, the paper handles certain questions: is transitional justice the appropriate tool to expose the truth and achieve the justice desired by the victims? Is the perpetrators accountability possible? Is retribution more effective if taken by the hands of the victims themselves? Can reconciliation even be possible for the victims? The paper uses theories and definitions of the concept of transitional justice as well as those of Trauma as its main framework of inquiry. The conclusion of the play is open to speculations as it is the case with most of human rights abuses and the process of justice and accountability related to them.

A return to the doctrine of forum non conveniens after Brexit and the implications for corporate accountability

On 1 January 2021, the European Union’s uniform laws on jurisdiction in cross-border disputes ceased to have effect within the United Kingdom. Instead, the rules governing jurisdiction are now found within the Hague Convention 2005 where there is an exclusive choice of court agreement and revert to domestic law where there is not. Consequently, the doctrine of forum non conveniens applies to more jurisdictional issues. This article analyses the impact forum non conveniens may have on victims of human rights abuses linked to multinational enterprises and considers three possible alternatives to the forum non conveniens doctrine, including (i) the vexatious-and-oppressive test, (ii) the Australian clearly inappropriate forum test, and (iii) Article 6(1) of the European Convention on Human Rights. The author concludes that while the English courts are unlikely to depart from the forum non conveniens doctrine, legislative intervention may be needed to ensure England and Wales’ compliance with its commitment to continue to ensure access to remedies for those injured by the overseas activities of English and Welsh-domiciled MNEs as required by the United Nation’s non-binding General Principles on Business and Human Rights.

The Constitutional Protection and human rights of Victims of Sexual Violence Crimes* - For the legislation on the Response to Drug-facilitated Sexual Assault -

약물 이용 성범죄는 고의로 약물을 섭취하게 하여 피해자를 무력화시킴으로써 성폭력을 용이하도록 만들고, 이를 이용하여 성범죄가 발생하는 것이다. 약물 이용 성범죄는 성범죄 피해뿐 아니라 약물로 인한 기억 상실, 인지 기능 장애, 운동 기능 상실, 무의식, 사망 등과 같은 작용이 나타나 피해자의 신체와 정신에 대하여 이중적 피해를 줄 수 있고, 피해자의 취약한 지위와 관련 기관의 인지 부족으로 인해 범죄의 피해가 제대로 드러나지 않는다는데 문제가 존재한다. 미국, 영국 등 많은 나라에서 일찍이 약물 이용 성범죄가 사회에 미치는 피해의 심각성을 인지하고, 성범죄에 이용되는 약물을 데이트 강간 약물로 별도로 지정해 특별관리하고 사건 발생 초기에 수사단계에서 증거를 확보할 수 있는 방법과 제도를 구축함으로써 약물 이용 성범죄의 피해자를 보호하고 있다. 약물 이용 성범죄에 관한 법제를 개선해야 하는 이슈는 성적 자기결정권, 인격권, 신체적 정신적 완전성의 보호와 개인정보자기결정권, 범죄피해자 보호라는 기본적 인권과 기본권의 차원과도 연결되는 헌법적인 쟁점이 있다. 약물 이용 성범죄에서 헌법상 성적 자기결정권을 보호하기 위한 요소로서 사회구조와 환경을 고려하는 진정한 자발성의 의미, 약물의 영향을 받았을 때 나타나는 자기 책임성의 결여, 약물의 효과로 인한 법익 침해에 대한 인지 불능 상태의 특수성을 살펴보았고, 개인정보자기결정권 측면에서 피해자의 수집된 검체를 형사 절차에 사용할 수 있도록 하기 위한 피해자 동의의 중요성과 의미를 짚어 보았다. 약물 이용 성범죄에서 피해자의 보호는 증거수집과 치료가 동반되어야 하기 때문에 의료기관과 수사기관의 공조가 보다 중요하다. 약물 이용 성범죄와 관련한 헌법적 쟁점으로부터 출발하여 해외의 대응 법제와 사례 등을 검토함으로써 우리나라에 적용할 수 있는 법제적 개선을 위한 정보와 시사점을 제공하였다.

Child victim, loyal war spirit medium or war criminal: shifting the geography and logic of historical accountability in Dominic Ongwen’s ICC trial

ABSTRACT The complications which played out in ascribing an identity: victim, perpetrator or both, in Lord’s Resistance Army’s (LRA) child abduction victim turned Warlord, Dominic Ongwen, calls for the rethinking of the international criminal justice system. While law operates in black and white, politics is fraught with and at times thrives in proverbial grey areas. In order for justice to be done, the International Criminal Court’s (ICC) geography and logic must be shifted epistemologically from the Global North to the sites where these atrocities were committed. The Roman-Dutch law logic, which largely informes the ICC’s jurisprudence, makes little existential logic to the thousands of the victims of the LRA’s over three decades of operations spanning over four countries. I argue against the token involvement of victims of human rights abuse by advocating for the deployment of local justice systems such as mato oput, as they not only resonate with the victims but also with the perpetrators, both herein termed survivors. Had mato oput been instituted first, the victim turned perpetrator complexity would have been addressed as the agent would have been cleansed, pardoned, and reintegrated into the community.

The Victims Rights & Conditions Protection On Trafficting Crime Through The Implementation Of Restitutions

This study aims to further analyze the protection of victims of the crime of human trafficking who have not been able to accommodate the rights and losses of victims. The approach method used is sociological juridical. Based on the analysis of the existing findings, it is clear that the implementation of the protection of the rights of victims of human trafficking has not been running effectively due to unclear restitution arrangements, both in terms of magnitude and related to criminal arrangements for replacement of restitution. The Crime of Human trafficking is a crime against humanity that can harm a person both materially and physically and mentally. In addition, it is necessary for victims of human trafficking to obtain protection of their rights, which in this case can be done through restitution. In practice, the amount of restitution is not clearly defined. In addition, the existence of a criminal substitute for compensation, which in this case includes restitution, makes the implementation of restitution difficult for victims of human trafficking. Such conditions clearly contradict the First Precepts, Second Precepts, and Fifth Precepts of Pancasila, as well as the Fourth Paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia as the purpose of the state, as well as Article 28D paragraph (1) and Article 28G Paragraph (1 ) and Paragraph (2) of the 1945 Constitution of the Republic of Indonesia as the basic foundation related to the human rights of victims of human trafficking, and as a legal ratio in law in Indonesia.

Okpabi v Shell and Four Nigerian Farmers v Shell: Parent Company Liability Back in Court

Foreign direct liability litigation against businesses is still a growing trend in European domestic courts, going on for over two decades.1 With absent effective remedies in host states, victims of human rights abuses committed by transnational corporations’ subsidiaries try to get access to remedy in the courts of the home states of the parent companies. A crucial factor for whether such cases can succeed, is the viability of the claims against the parent companies allegedly involved in the abuses. The principal legal route that victims have used to hold parent companies liable is through common law negligence claims.

Municipio de Mariana v BHP Group: Implications of the UK High Court’s Decision

The High Court of England and Wales in its November 2020 judgment in Municipio de Mariana v BHP Group1 (BHP) declined jurisdiction to hear the case initiated by victims of the Fundão Dam collapse in Brazil on the grounds of abuse of process. The decision raises serious questions about the Court’s willingness to vindicate the fair trial rights of victims of human rights abuses linked to multinational enterprises (MNEs). In this judgment, Turner J also made obiter comments on the possibility of staying the case on application of Article 34 of the Recast Brussels Regulation (Recast Regulation),2 the doctrine of forum non conveniens (FNC), and/or the Court’s case management discretion.

Direction of Regulating Catcall Actions in Law: Comparison of Indonesia and France Law

Various forms of harassment in the world are increasing, including in Indonesia. Women and children are the most frequent victims of sexual harassment, but it does not rule out that men can become victims. Catcalling is an act that has sexual implications for the victim with teasing, whistling, screaming, comments, and even eye contact on the street or in public places. Sexual harassment negatively impacts victims such as shame, offense, humiliation, anger, loss of self-esteem, loss of chastity, depression, etc. Writing this scientific article aims to provide reference material for lawmakers regarding the ideal regulation of street harassment, especially catcalling. Then, give the readers an understanding of catcalling and the urgency of its rule in Indonesian legislation. The research method used in this scientific article is a normative juridical method with data collection techniques using literature study by examining secondary data, namely statutory regulations, other legal documents, research results, assessment results, and other references. This study uses a statute approach, conceptual approach, and comparative approach. This verbal sexual harassment has been taken seriously in several countries, one of which is France. In France, this anti-catcalling Law is known as Loi Schiappa. Loi Schiappa gave direct fines to the perpetrators of catcalling. In Indonesia, there is no regulation regarding catcalling, resulting in a legal vacuum. Indonesia can follow the model of the French Catcalling arrangement, which uses direct fines on the spot. So that provides legal certainty as well as protects the human rights of victims of catcalling.

El papel de las comisiones de la verdad en los procesos de transición: aproximación a un estado de la cuestión

La justicia transicional ofrece mecanismos para garantizar la verdad, la justicia, la reparación y la no repetición a las víctimas de abusos contra los derechos humanos perpetrados durante regímenes dictatoriales y conflictos armados. Se trata de un marco jurídico que ha cobrado auge desde las últimas décadas del siglo veinte y, particularmente en Colombia, se ha constituido en una herramienta para afrontar los períodos posteriores a las negociaciones con grupos armados ilegales en los últimos veinte años. Así lo corrobora, entre otras, la presente revisión de 129 estudios y debates sobre experiencias de Comisiones de la Verdad entre 1997 y 2019.

ПОЛІТИКА ЄС ЩОДО ПРОТИДІЇ ТОРГІВЛІ ЛЮДЬМИ

After the mid-1990s, the EU realized the need to develop a common approach to combating human trafficking. As a result of the increased competence of the relevant EU institutions, as well as the increase of stakeholders’ concerns about its internal security and control of external borders began to grow, which gave push to the unprecedented formation, expansion and consolidation of anti-trafficking policy. Accordingly, a number of legislative and policy instruments have been created for this purpose. Important EU anti-trafficking program activities include the EMPACT program (European Multidisciplinary Platform Against Criminal Threats) (2011-2013) and (2013-2017), which consisted of the joint participation of Member States in multidisciplinary operational actions to combat organized crime involved in trafficking in human beings. Also in 2009, the EU developed the Global Approach to Migration and Mobility, as well as a separate document focused on strengthening the EU’s external influence against human trafficking. A more recent EU migration program in 2015 provided Member States with a comprehensive set of tools to manage migration and combat trafficking in human beings. Important tools in the fight against trafficking in human beings in the EU include Directive 2004/81/EU, which regulates the granting of temporary residence permits to third-country nationals who have been trafficked; Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims; Directive 2012/29/EU, which set additional minimum standards for the rights, support and protection of trafficking victims. In 2012 a joint EU strategy to eradicate trafficking-related crimes was launched for 2012-2016. An appropriate information platform has also been set up, which contains information on legal documents, initiatives, or possible projects and stakeholders dealing with human trafficking. In addition, a funding program has been established to promote quantitative and qualitative research projects, enhance the exchange of valuable knowledge and improve the quality of data collection. We came to the conclusion that institutional mechanism of the European Union in combating with trafficking in human beings is a system of EU bodies that adopt relevant regulations. This institutional mechanism has a rather complex structure, based on the European Parliament, the European Council, the European Commission, the European Anti-Trafficking Coordinator, the EU Expert Group on Trafficking of Human Beings, Europol, Eurojust, the European Judicial Network. The main component of this structure is the European Commission, which makes decisions and takes initiatives in this area. A characteristic feature of the EU’s anti-trafficking policy is not only to ensure respect for human rights of victims of this crime, but also to create appropriate conditions for its rehabilitation, further socialization and prosecution of perpetrators. In sum, the EU treats human trafficking as one of the global problems of our days and is making considerable efforts to combat it.