Perspective Of Human Rights Research Articles

Profilowanie pomocy dla bezrobotnych – dotychczasowe doświadczenia i nowe wyzwania z perspektywy praw człowieka

Profiling help for the unemployed – past experiences and new challenges from a human rights perspective The dynamic development of modern information and communication technologies, enabling data collection on a much larger scale than before, has contributed to a change in the way services are provided also in the public sector. It is noticeable, among others, in the area of labor market policy, where tools based on profiling are used, understood as developing profiles of people on the basis of specific data and inferring on their basis the occurrence of certain characteristics or behaviors in people assigned to a given profile. Experiences in this area on the ground of Polish legal regulations show what consequences the use of profiling may have in the context of providing help to the unemployed. The aim of this article is to analyze the issue of profiling on the basis of regulations on personal data protection and labor market regulations as well as to identify threats related to the use of profiling in the area of providing help to the unemployed from the perspective of human rights.

The Role of Human Rights and Customary Law to Prevent Early Childhood Marriage in Indonesia

Preventing early childhood marriage (ECM) can protect children’s rights from the perspective of human rights. There are several rules regarding the age limit for marriage. In Indonesia, the minimum age for marriage is nineteen years. However, in fact, early child marriage is still relatively high, with the seventh highest ranking in the world. This study aims to elaborate on the rights of children, which ECM potentially violates, and to identify who is responsible for minimizing and/or combating this phenomenon. This normative legal research with a human rights approach occurs in the childhood protection context. The results show that ECM has implications for violations against the right to life, the right to education, the right to develop, and the right to health. Thus, more stringently applying international and national law and combining with local wisdom (Balinese Customary Law) in protecting children's rights in the context of preventing ECM can prevent ECM effectively and minimize violations of other children's rights. Moreover, it is believed that the responsibility to reduce and combat ECM not only belongs to the government but also to all stakeholders within the community, such as families, academics, the media, non-profit organizations, entrepreneurs, and customary.

Legal and bioethical aspects of abortion

Recent proposals in the New Romanian Penal Code and proposals to amend the US Constitution on the abortion controversy have been of real public interest. The legislature sought to identify the distinct areas of debate involved in the issue and to discuss the central issue raised by many of the proposals on the rights of the unborn. Lately, we have enough scientific medical evidence from a human rights perspective regarding safe abortions. However, there are enough abortions and deaths. Almost all cases can be prevented through sex education, family planning, and medical-assisted abortion. In developed countries, safe abortion is legal and can be on-demand or social and economic. In other states, abortion is restricted or prohibited by law. Procedures and good abortion practices for the protection of women's health are in the attention of medical professionals and lawyers.

The Historical Construction of Social Rights

It is chosen to develop this topic as a relevant object to the study now undertaken, which is a current and extremely important topic for the political and economic moment currently experienced in the world in light of the principle of prohibition of social retrogression as a result of the dignity of the human person.
 For a good understanding of the issue about social rights, it was necessary to draw some preliminary considerations about the historical construction of rights and the relationship with the intervention of the democratic State in the individual sphere as an agent in charge of carrying out and effecting the fulfillment of social values.
 This article sought to demonstrate, in a systemic way, the Historical Construction of Fundamental Social Rights. The main objective of this study was to demonstrate the applicability of human rights at the constitutional level, as well as to justify the need for Brazilian society to enforce these rights for the egalitarian construction of a Social State. The doctrine and the Law support and justify this work, which adopted the perspective of Human Rights. The research line is that of Human Rights, while the scientific article is a bibliographic review that used the deductive method, qualitative and descriptive research. As a reference, we used scientific literature and published materials that were pertinent to the purposes discussed here.

Politics of the Law of Covid-19 Handling by The Indonesian Government from Health Human Rights Perspective

Politics of the Law of Covid-19 Handling by The Indonesian Government from Health Human Rights Perspective

Public Communication of COVID-19 Prevention in Vulnerable and Marginal Groups Towards Strong and Prosperous Family Resilience in Sidoarjo

The title of this research is "COVID-19 Prevention Public Communication in Vulnerable and Marginal Groups Towards Resilience of Strong and Prosperous Families in Siodarjo" to answer questions related to the urgency of public communication, public communication patterns, public communication strategies, public communication approaches, the influence of family resilience, and how are the efforts of the marginalized to prevent the spread of the COVID-19 virus. The method in this study uses socio-legal research, which is a study of the law using a legal and social science approach. Then the data is analyzed qualitatively to obtain a complete picture of understanding regarding the study of public communication to prevent COVID-19 in vulnerable and marginal groups towards the resilience of a solid and prosperous family (analysis of the perspective of human rights in Sidoarjo). The results obtained from this study indicate that Sidoarjo has utilized and optimized the role of this technology. One way to achieve success in public communication activities is an effective and collaborative communication strategy implemented in Sidoarjo. In addition, efforts to increase family resilience are also optimizing to overcome the spread of the COVID-19 virus, which is becoming an epidemic throughout the region.

Human Rights Implications of Stroke Biobanking and Genomics Research in Sub-Saharan Africa

Abstract Stroke is a major cause of death in Sub-Saharan Africa (ssa) and genetic factors appear to play a part in its pathogenesis. This led to the development of stroke biobanking and genomics research in ssa. Existing stroke studies have focused on causes, incidence rates, fatalities and effects. However, scant attention has been paid to the legal issues about stroke biobanking and genomics research in the sub-region. Therefore, this article examines the legal implications of stroke biobanking and genomics research in Sub-Saharan Africa from a human rights perspective. The study argues that the right to dignity of the human person, the right to privacy, the right to freedom of information, the right to freedom from discrimination, the right to own property, the right to self-determination and the right to health may be implicated. The study concludes that the court may have to be involved in balancing one right against the other which may prove somewhat herculean depending on the circumstances of each case.

Disability Inclusion and Accessibility in Zimbabwe

The viewpoint explores challenges and opportunities for Persons With Disabilities (PWDs) in accessing public institutions in line with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in Zimbabwe. The study is based on the social model of disability, reinforced by the human rights perspective, which seek to meaningfully address issues bedevilling PWDs in their quest to be accorded the rightful place in the society, particularly in their access to public spaces. It further explains attitudinal, environmental and institutional barriers. Qualitative research method was used, coupled with a few key informant interviews. The target population for this study were first and foremost PWDs. The study also targeted councillors, urban planners as well as administrators. Two subcategories of visually and physically impaired persons were carefully selected. The study findings indicated that attitudes and inadequate knowledge on disability by some community members and duty bearers also contribute to exclusion of Persons With Disabilities in public spaces. The study also found out that there are unfriendly facilities available. Additionally, the negative attitudes of stakeholders and administrative complications have deprived Persons With Disabilities from obtaining the benefits of available entitlements. Inadequate legislation, policy and lack of political will have also been established to be some of the factors leading to the side-lining of PWDs. The research recommends for creation of specific services in public spaces to support the needs of this group, integration of new technologies, and the domestication of the UNCRPD as well as the implementation of the disability policy, including best practices in disability inclusion, Specific policies should be supported by the allocation of funds and rigorous monitoring.
 
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Sustainable Global Supply Chains: The Human Rights Aspect

The objective of this paper is to examine Global Supply Chains (GSC) from the perspective of human rights. Economists and international business scholars focus on the economic nature of this phenomenon and its complex international structure. International institutions (such as the WTO, OECD and others) direct their efforts to the regulation of the relations within the structure and to the measurement of the contribution of GSC to national economies and global trade. Human Rights activists, on the other hand, are tackling violations of human rights at the various stages of the supply chains. At present, politicians, regulators and a limited number of scholars are also trying to deal with the issue of human rights within GSC from a different angle – namely, the behaviour of business with regard to human rights issues in international business activities. The paper builds on the author’s previous research on global supply chains in their role as stakeholders within the corporate governance system. The author adheres to the view that the study of human rights issues in the context of GSCs demands an interdisciplinary research approach and utilizes an adequate conceptual framework that should be further developed. Theoretical observations are combined with a survey on the business attitude towards human rights. Venue for following studies is drafted. Keywords: words: global supply chains, human rights; international business; stakeholders; corporate governance, adverse impact, modern slavery JEL: M54, M55, K3, J28, F2

Rehabilitasi Sosial Pecandu Narkoba Melalui Terapi Musik dalam Perspektif Hak Asasi Manusia

Music therapy is the professional use of musical interventions and their elements in a therapeutic relationship to achieve specific goals. Rehabilitation of drug addicts through music therapy is one of the concepts of social rehabilitation by helping to recognize and accept different emotions, develop expressive abilities and self-awareness, increase self-confidence, and facilitate relaxation and reduce stress. The research method used in this research is field research. Based on research conducted by the author at the Way Huwi Narcotics Penitentiary, Lampung Province, using the concept of passive music therapy by only listening to music, the object of research tends to only reach the stage of feeling calm and not yet at the stage of changing mindset significantly to leave old habits and replace them with habits. While the activities carried out in the active music therapy process can include singing, songwriting, improvisation, and performing performances that have therapeutic elements so that the use of active music therapy tends to provide a maximum role rather than just listening. Based on the perspective of human rights, this rehabilitation is in line with the recognition of human rights in the 1945 Constitution which is contained in Article 28A, Article 28C paragraph 1 and then Article 28H paragraph 2.

Sharia Politics in Nigeria and Malaysia: Governance, Islamization and Human Rights

Despite being federal secular states, the scope of Islamic law application and Islamic bureaucracy in both Nigeria and Malaysia has expanded tremendously under the influence of Islamist movements. Ideologically, Islamism aims to establish a political system based on Islamic tradition and the full implementation of Sharia law. Islamist activists in both countries have been working and pushing for the full implementation and enforcement of Islamic law including its criminal code which is also known as Hudud. Situating our analysis within a framework of the differentiated context of governance, this study expounds a comparative analysis of the processes of sharia implementation and the varying natures of human rights violation. Our analysis illustrates that the state failure in Nigeria cannot be resolved by replacing the secular political system with an Islamic one as the problem lies elsewhere. In Malaysia whereby state capacity in governance is much more effective, problems peculiar to the contemporary Islamic doctrine such as the theological interpretation of apostasy from the perspective of human rights are aggravated by a strong state capacity in regulating individual Muslims’ private lives. The tendency of seeing harsh punishment as an effective means of weeding out vices and associating it with the seriousness of the state in enforcing Islamic belief leads to the loss of a sense of jurisprudential proportionality, and a zero-sum-game mentality vis-à-vis the respect for human dignity and liberty for both Muslims and non-Muslims alike.

Dimensions of Water Resources Regulation in Philosophy of Justice and Human Rights Perspective

Management of water resources is closely related to the availability of access to clean water for the community and has direct implications for social justice and the fulfillment of basic human rights. However, various arrangements in the management of water resources in Indonesia are considered not in favor of the concept of justice and are more directed towards commercialization and capitalization. This research is intended to examine, analyze, and criticize laws and regulations related to water resources. By consdiering several multidisciplinary aspects in the laws and regulations in the field of water resources, including aspects of justice and human rights, this research also analyzes from the philosophical, legal, and sociological aspects. This research found and emphasize that the concept of Pancasila can be a legal political basis for the state's right to control water resources to be directed so that the management of water resources does not oppress those who are socially and economically weak, or the poor. The availability of water is constant, while the demand for water is increasing in quantity and quality, then what will happen is scarcity. At this stage of water scarcity, the principle of justice becomes very important in water management. Access to water justice is not individual or micro justice, but social or macro justice. Justice to get water as a human right cannot be left to everyone based on a market mechanism, but government intervention to ensure the fulfillment of the right to water, at least is very much needed.

Arrest and Detention in Indonesian Criminal Procedure Code under Human Rights Perspective

This paper aims to analyze the regulatory framework on arrest and detention in Indonesian Criminal Procedure Code under human rights perspective. This study employed doctrinal legal research using statute and conceptual approaches. The findings of this research reveal that the principles of law enforcement and human rights, which include the principles of legality, necessity, and proportionality, are essentially general principles that can be used to determine whether state actions that interfere with citizens' rights and freedoms violate or do not violate human rights. The legal provisions concerning arrest and detention did not fit the human rights standpoint particularly in the context of procedure and the length of detention. The proportionality and the necessity principle have not been fully considered as the ethical basis for arresting the perpetrator of a crime. Hence, what is needed is to amend the Criminal Procedure Code considering the adoption of both necessity and proportionality principle in the arrest and detention.

Crisis en una crisis: el caso de México

This article analyzes the actions taken, from 2020 to date, by the three levels of government in Mexico to eradicate and reduce the contagion and deaths due to the coronavirus, specifically, the Federal Government of this country. It also studies certain constitutional and legal actions that Mexico could have taken to control the pandemic effectively and efficiently; these actions were not taken and, therefore, ended up harming the general population. The above is based on the perspective of human rights and human dignity.

EVALUASI TINGKAT PELAYANAN JAMINAN KESEHATAN NASIONAL BPJS DALAM PERSPEKTIF HAM

The purpose of this study was to determine the National Health Insurance (JKN) facilities throughout Indonesia, and to determine the level of hospital service by comparing patients using BPJS health facilities and general patients. This research method uses literature review / journal data collection from several authors and the results of research between one author and another have the same results in one case. Justice and the right to obtain proper health and welfare in the perspective of human rights are still not felt by the entire population, discriminatory services against BPJS patients, until the treatment rooms for BPJS health care service users are still limited, making poor people have to pay for medical expenses and BPJS health facilities cannot be used. Here there is a need for improvements from the Government in implementing classless hospitals and an increase in the number of specialist doctors, especially so that they are available in Hospitals in Rural Areas. It is hoped that the role of the Government in corrective actions towards Health Services will be in accordance with as stated in the 1945 Constitution (UUD'45) article 28 H paragraph (1) which states that everyone has the right to obtain health services, then in Article 34 paragraph (3 ) stated that the State is responsible for the provision of adequate health service facilities and public service facilities.

A Human Rights-Based Approach To Acute Mental Health Crisis Care

The United Nations Convention on the Rights of Persons with Disabilities as well as the new guidance on community mental health services recently published by the World Health Organization formulate clear goals for the future of psychiatry and psychosocial support. Innovative concepts of psychiatric care that focus on full participation, recovery-orientation and the prevention of coercion play an important role in achieving these goals. Implementing and scientifically evaluating the effects of such models in mental health services needs to be prioritized in national mental health planning and budgeting decisions. In this lecture, Dr. Lieselotte Mahler will address the requirements of psychiatric concepts, specifically on acute psychiatric wards, to enable participation and prevent coercion. Using practical examples and evaluated models (e.g. Weddinger Modell, standardized post-coercion review sessions), she will make suggestions on how a psychiatry oriented towards human rights can also be implemented within existing clinical structures. Dr. Lieselotte Mahler will discuss, based on the current state of research as well as practical experience, which challenges exist with regard to patient autonomy and prevention of coercion in clinical practice and how these can be addressed from a human rights perspective.DisclosureNo significant relationships.

Perception of the Users Regarding the Water Delivery for Domestic Purposes in Jammu City: A Human Rights Based Approach

The situation of domestic water supply is grim in Jammu City. The crisis is attributed to the city's high functionality and massive population burden. This has led to several unallocated settlements expanding beyond the command of utility providers. Further, the constantly growing needs of the capital city has contributed to the demand-supply imbalance contributing to unevenness in the availability of water utility services. The discrepancy in the interests of stakeholders have threatened the water security and adds vulnerability through deprivation of water as a basic human right in the city. The study discusses the perception of the Users regarding water delivery for domestic purposes in Jammu City with respect to six factors of HRBA namely-availability and accessibility, acceptability, affordability, equity, citizen's participation and accountability dimensions. The implications of poor service delivery for domestic needs have added to the social and economic challenges through the increased intensity of water shortage and high economic burden of water procurement. The statistical validation of this association highlights the fundamental flaws prevailing in the utility delivery mechanism, adding to the misery of residents in Jammu city. The failure is attributed to the unfocused investments and the inappropriate infrastructure in coherence with the needs of the community. The perspective of Human Rights based approach is aimed at ensuring an unwavering commitment from the policymakers to effectively allocate and manage water resources and deliver water and sanitation services under good governance. Further, the community responses with respect to HRBA principles help in picturing the civic familiarity of the problems of domestic water delivery due to institutional failure and the problems associated with it. The shortfalls can prescribe suggestions for the policymakers that coincide with the principles of HRBA in achieving citizen's oriented smooth and efficient delivery of water resources.

Dignity, Social Reintegration of Prisoners, and the New Penal Power: European Human Rights, Experiences of Belgian Prisoners, and Professional Practices.

Over the last 30 years, prisoners' dignity and fundamental rights have increasingly been protected by European human rights bodies such as the European Court of Human Rights and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. This protection is aimed particularly at the traditional power relations between prisoners and uniformed staff. More recently, social reintegration of prisoners has also been recognized by these European human rights standards as a fundamental element of human dignity and an equally important aim of imprisonment as retribution and deterrence. However, it is also accepted that some offenders may be too dangerous to be returned back to society. Psychiatric/psychological assessments are a major element in this decision-making. This "new penal power" receives much less attention in human rights protection. This article compares three intertwining perspectives on this issue: the European human rights perspective on dignity and social reintegration; the experiences and mental suffering of Belgian prisoners who find themselves being stuck in prison as a result of structural problems in the risk assessment and risk management practices; and the professional perspective on how professional standards and good practices based on scientific insights might alleviate some of these threats to human dignity.

Domestic/Care Work and Severe Exploitation. The Limits of Italian Migrant Regularization Schemes

In Western Europe, migrant women are very often employed in the area of domestic/care work. In Italy, their presence in this sector is very important, making them particularly susceptible to abuse and exploitation. Domestic/care workers are a gendered segment of labor migration still strongly divided along a gender binary through the sexual division of roles and labor, directly associated with the sphere of the welfare state. Migrant women in the caregiving and domestic sector are one of the least protected work groups under international and national labor legislation. For a long time, waged domestic work has not been regarded as “actual” work, as it revolves around natural tasks that women perform in the household. In Italy, the domestic work sector has recently responded to a law-decree to regulate the presence of migrant workers in areas where there is an important presence of severe exploitation. The Italian government, in May 2020, to relaunch a post-pandemic economy released a Decree titled “Emergence of employment relationships” to counteract undeclared migrant work. From the data published by the Ministry of the Interior, 85% of the total number of applications submitted involved domestic and care workers, while the remaining 15% regarded subordinate work, especially in agriculture. Evidence of widespread irregularity of foreign women employed in this sector emerged only in part. Currently, unprecedented attention as well as institutional interest have been given to severe exploitation in the labor market rather than to forced prostitution or other forms of heavy servitude to the detriment of foreigners (i.e., begging, forced criminal activities). Identification and assistance to migrants involved in severe labor exploitation however include an “extraordinary” number of young male adults which are receiving unprecedented attention. The article analyzes the effects of recent regularization of the domestic/care work and the outcome on migrant women during the critical COVID-19 pandemic period produced by this policy from a women's human rights perspective and on the ongoing debate on their protection from severe exploitation regime also in relation to the discourse on trafficking. In Italy the debate is of particularly interest even if it remains largely under-researched.

Secondary objectives of the European Central Bank and economic growth: A human rights perspective

AbstractThis article focuses on the correlation between the secondary objectives of the European Central Bank (ECB) and the right to a healthy environment. Whereas the primary mandate of the ECB is maintaining price stability, the applicable law also envisages secondary objectives, such as supporting economic growth and sustainable development. Crucially, however, there is an emerging scientific literature suggesting a trade-off between economic growth and environmental sustainability. This results in a balancing problem: To what extent environmental protection and sustainability can be balanced with economic growth within the ECB’s monetary policy? This article aims to analyse this issue with a specific focus on legal implications in terms of the right to a healthy environment. This study reveals the failure of the member states to comply with the international obligations under the right to a healthy environment in shaping the law of the ECB.