Perspective Of Human Rights Research Articles

The Prohibition of Torture from a Human Rights Perspective: Fiction or Reality in the Current Rule of Law

This article discusses the problem of torture in Mexico and its impact on the legitimacy of the State and the protection of human rights. Despite the normative advances in the configuration of the notion of torture, there are problems of effectiveness in the mechanisms with which the State operates to comply with its obligation of due diligence in the prevention, investigation, registration and prosecution of torture cases. The author emphasizes that torture is a symptom of the weakness of the rule of law, which produces a social delegitimization due to the disappointment of society’s expectations in legal institutions and in the procedural guarantees of criminal justice systems. Furthermore, torture is related to a culture of impunity, discrimination and inequality, which demands effective and fair policies to address this problem. Therefore, it is necessary to advance in the justiciability, prevention, investigation, eradication, protection, reparation and punishment of acts of torture.

HAK MEMILIH TNI DAN POLRI DALAM PERSPEKTIF HUKUM POSITIF DAN HAK ASASI MANUSIA

Members of the TNI and POLRI as part of Indonesian citizens should have human rights, especially the political right to vote in elections. However, in reality, the right to vote for these two agencies is limited by the provisions in force in the legislation. Therefore, this research was conducted to analyze the provisions on the right to vote for members of the TNI and POLRI from a positive law and human rights perspective. This research uses normative juridical methods such as a conceptual approach, a state approach, a historical approach and an analytical approach. Based on the research results, there is a decline in democracy looking at the history of elections in 3 periods, namely the old order, the new order and the reform era. Apart from that, there is a lack of synchronization between positive legal provisions and each other which regulate human rights and political rights of Indonesian citizens

A Framework for the Design of Inclusive Community-Based Early Childhood Intervention Programs

In this article, a framework for the creation of a fully inclusive and comprehensive early childhood intervention system is described. Although aspirational at this time, the potential for developmental science, intervention science, and implementation science to be integrated to maximize the effectiveness of early intervention systems is presented in the context of the Developmental Systems Approach. This framework guides a practice model emphasizing a family-centered problem-solving process that focuses on supporting well-characterized family patterns of interaction that contribute to children's development. Discussed as well is the ability of such an integrated system to be compatible with and incorporate principles and practices from a human rights perspective; all designed to support family and child goals. The transformational potential of this framework for organizing inclusive community-based early childhood programs is considered.

A Perspective on Human Rights, the Economic Liberalization of Education Provision in Indonesia

Education is a fundamental right that every citizen has access to, as stated in the preamble of the Undang-Undang Dasar 1945, which is about the nation's intellectual life. The economic liberalization of education provision refers to the recent use of education as a new tool to profit from all angles. Those with lower income levels may notice the effects of economic liberalization in implementing this education because it becomes more challenging for them to obtain the best education. The objectives of this study are to identify the economic liberalization that has taken place in the implementation of education in Indonesia, identify the effects of this economic liberalization, and discover the economic liberalization that has taken place in education provision in Indonesia through its perspective of human rights. A single embedded case study and a descriptive qualitative methodology are used in this study. The study results indicate that diverse parties must promote instruction that adheres to Indonesian national standards. Disparities and prejudice against particular groups seeking an excellent education must be removed to guarantee that every student has equitable access to a high-quality education that will help them develop their potential and talents. As the highest authority, the government should carry out planned programs in line with the desired objectives by evaluating field data and monitoring connected parties' performance.

Detention Pending Execution of the European Arrest Warrant – Dutch and Polish Experience. Some Reflection from the Human Rights Perspective

This article focuses on detention pending surrender, i.e. detention of the requested person in the executing Mem­ber State on the basis of the European Arrest Warrant (EAW). It defines the scope of application of Article 5 of the Euro­pean Convention on Human Rights to such detention and anal­yses the case-law of the Court of Justice of the European Union on time limits of keeping the requested person in detention in the executing MS as well as on the notion of “the execut­ing judicial authority” entitled to decide on detention pending surrender. Both issues are explored with reference to national law and practice of the Netherlands and Poland. The article pro­vides the answer to the question whether national provisions which limit the duration of detention pending surrender prop­erly reflect the normative content of the framework decision on the EAW. The answer to this question is given with due regard to the standard of protection of the requested person stemming from Article 5 § 1 ECHR and Article 6 of the Charter of Funda­mental Rights. Furthermore, the analyses focus on Dutch and Polish provisions concerning the authority entitled to decide on detention pending surrender and their compliance with the CJEU’s jurisprudence on the notion of “the executing ju­dicial authority.” Recognising that detention is the basic meas­ure for ensuring the effectiveness of surrender, we try to define the limits of its use in the EAW procedure, stemming from the requirements of protection of human rights.

An evidence-based primary health care intervention to address domestic violence against women in Brazil: a mixed method evaluation

BackgroundHealth systems have a critical role in a multi-sectoral response to domestic violence against women (DVAW). However, the evidence on interventions is skewed towards high income countries, and evidence based interventions are not easily transferred to low-and middle-income countries (LMIC) where significant social, cultural and economic differences exist. We evaluated feasibility and acceptability of implementation of an intervention (HERA—Healthcare Responding to Violence and Abuse) to improve the response to DVAW in two primary health care clinics (PHC) in Brazil.MethodsThe study design is a mixed method process and outcome evaluation, based on training attendance records, semi-structured interviews (with 13 Primary Health Care (PHC) providers, two clinic directors and two women who disclosed domestic violence), and identification and referral data from the Brazilian Epidemiological Surveillance System (SINAN).ResultsHERA was feasible and acceptable to women and PHC providers, increased providers’ readiness to identify DVAW and diversified referrals outside the health system. The training enhanced the confidence and skills of PHC providers to ask directly about violence and respond to women’s disclosures using a women centred, gender and human rights perspective. PHC providers felt safe and supported when dealing with DVAW because HERA emphasised clear roles and collective action within the clinical team. A number of challenges affected implementation including: differential managerial support for the Núcleo de Prevenção da Violência (Violence Prevention Nucleus—NPV) relating to the allocation of resources, monitoring progress and giving feedback; a lack of higher level institutional endorsement prioritising DVAW work; staff turnover; a lack of feedback from external support services to PHC clinics regarding DVAW cases; and inconsistent practices regarding documentation of DVAW.ConclusionTraining should be accompanied by system-wide institutional change including active (as opposed to passive) management support, allocation of resources to support roles within the NPV, locally adapted protocols and guidelines, monitoring progress and feedback. Communication and coordination with external support services and documentation systems are crucial and need improvement. DVAW should be prioritised within leadership and governance structures, for example, by including DVAW work as a specific commissioning goal.

Responsif Akan Pandangan Mengenai LGBT Berdasarkan Perspektif HAM, Agama, dan Hukum di Indonesia

Sexual behaviour or actions that differ from generally accepted sexual norms in the LGBT community should not be considered something that should be taken for granted. This sexual behaviour or action arises because there are variations in individual sexual desires. Sexual orientation and habits refer to a person's desire to express their desire, love, emotions, and sexual activities towards individuals of the same gender, the opposite gender, or both. LGBT is an abbreviation for Lesbian, Gay, Bisexual, and Transgender, which refers to a group of individuals who have a sexual orientation or gender identity that is different from the majority. There are various views in society regarding LGBT, with some rejecting this variation in sexual behaviour while others openly accepting it. The debate regarding LGBT issues is increasingly intense and widespread, with various arguments related to human rights (HAM) and arguments based on religion. This research aims to investigate different views regarding LGBT issues in Indonesia, both from a religious and a human rights perspective.

The Implementation of The Punishment of Whipping In Aceh From A Legal and Human Rights Perspective

Ranch "Rahmat Aulia" incorporated in section PT Charoen Pokphand Jaya Farm, ranch located in the village of the District Kutatrieng Labuhanhaji South Aceh Barat have been using management are good in financing that covers the cost of production, the cost of marketing, and salaries of employees. Selection of research on the farm "Rahmat Aulia" in because of the high level of competition of sales in the business of chicken broilers (Gallus dometicus) with this research can be expected as a reference for the novice and the other farmers in the face of competition. The type of research used is a qualitative type (interview). Where data collection using interviews with relevant parties on the farm "Rahmat Aulia" as a resource, as well as samples that used the financial statements of the farm "Rahmat Aulia" which has been recorded in PT Charoen Pokphand Jaya Farm in the year 2021 (3 months). The results of the study stated that 80% of sales result were strongly influenced by production costs, and marketing costs, and employee salaries. While the remaining 20% of sales are influenced by other factors that are not explained in this study. From the analysis, the results show that production costs, marketing, and employee salaries play a very important role in the sustainability of the “Rahmat Aulia” farm in Kutatrieng Village, Labuhanhaji Barat district, South Aceh regency.

Defamation and Insult Via Digital Media in Indonesia: The Islamic Law and Human Rights Perspective

Purpose: In this research, normatively and practically, insults and defamation tested the standard limits of freedom of speech as a form of freedom of expression. Theoretical framework: Each individual has an obligation to exercise their human rights and to recognize and protect the human rights of others. No entity, whether it be the government, groups, or individuals, has the authorization to infringe on the rights of others. Method: The research method used in this research was normative juridical research that refers to the norms and principles of law regulating criminal acts of insult and or defamation via digital media. Conclusions: In principle, the regulation of criminal acts of insult and or defamation via digital media is based on human rights. However, the regulation in the Indonesian Criminal Code and Law Number 11 of 2008 on Electronic Information and Transactions may not be an appropriate for controlling information containing insults and/or defamation in information technology. In Islamic law, respect for human beings is a fundamental right and universal freedom is an integral part of Islam. Research Implications: In the context of a democracy, freedom of expression is a right, the use of which can be restricted by the state. Insults and defamation through speech and expression can harm an individual's reputation, which is considered one of their fundamental rights that demands protection and respect. Originality/value: Human dignity has a high position in the core values of Islam. It is because Islam does not allow for the degradation of an individual's dignity through insult or defamation.

“Border closure only increased precariousness”: a qualitative analysis of the effects of restrictive measures during the COVID-19 pandemic on Venezuelan’s health and human rights in South America

BackgroundIn 2010, a political and social crisis pushed thousands of Venezuelans out of their country; today, seven million Venezuelans live abroad. In addition, during the COVID-19 pandemic, border closure increased and affected specific vulnerable migration flows, such as Venezuelans trying to migrate to Chile through the Northern borders. In this context, there is little evidence of migrants’ health status and needs, their access to health services, and other basic needs (e.g., housing) from a human rights perspective. Therefore, we qualitatively explored the effects of border closure due to the COVID-19 pandemic on Venezuelan migrants’ health and human rights, focusing on access to healthcare in the Northern Chilean border that adjoins Peru and Bolivia.MethodsFollowing a case-study qualitative design, we conducted an ethnography that included participatory observation of relevant sites (e.g., hospitals, main squares, migrant shelters) in Antofagasta, Iquique, and Arica and 30 in-depth interviews with actors in the health sector (n = 7), experts from the non-governmental sector (n = 16), and governmental actors (n = 7) in three large cities close to the Northern border.ResultsWe found four main dimensions: (i) border and migration processes, (ii) specific groups and intersectionality, (iii) barriers to healthcare services, and (iv) regional and local responses to the crisis during the COVID-19 pandemic. Programs characterized by the presence of healthcare providers in the field were essential to attend to migrants’ health needs at borders.ConclusionsCoordination between actors is crucial to implement regional protocols that respond to current migration phenomena and migrants’ health needs. Health policies using a human rights approach are urgently required to respond to migrants’ healthcare needs at borders in South America.

THE CONVENTION ON INTERNATIONAL LIABILITY FOR DAMAGE CAUSED BY SPACE OBJECTS FROM THE HUMAN RIGHTS PERSPECTIVE – SELECTED ASPECTS

In spite of the Convention on International Liability for Damage Caused by Space Objects being in force for a long time, it has not as yet been analysed from a human rights perspective. While at the beginning of the space age activities in space were associated only with states, the progress on humankind in the conquest of space has significantly changed that. Nowadays, the role of individuals in space operations is growing. The well-established human rights law on Earth also needs to be reflected in regulations concerning outer space. This paper assesses selected aspects of the Convention from the human rights perspective. The analysis encompasses the definition of “damage” along with the possible amount of compensation due to individuals and the different aspects of procedural guarantees available for them. The paper presents two possible routes for obtaining compensation: one through diplomatic channels and another using national channels of launching states. This study offers a de lege ferenda proposal to appeal to state parties to introduce internal regulations aimed at avoiding human rights infringements. Domestic law systems may create legal provisions that may fill the gaps caused by the Convention’s limitations, e.g. by introducing an appropriate insurance system for space passengers.

Children's rights under the prism of fraternity and care

The research aims to discuss the values of fraternity and care from a legal and sociological perspective, mainly from the perspective of human rights, in order to think of them as vectors for the rights of children and adolescents. Its main focus is the thought produced in Latin America and Brazil on the subject. It problematizes post-modernity from the sociological perspective of human rights and the rights of children and adolescents. A bibliographic research was used, with qualitative analysis, and the deductive method.

Problematic monetization in mobile games in the context of the human right to economic self-determination

Problematic monetization schemes in video games have become a prominent topic in games studies, but one essential question has been left out so far: Do microtransactions in freemium mobile games interfere with consumers’ human right to economic self-determination? To address this question this study introduces a human rights perspective, and illustrates problematic monetization based on the ten most popular free-to-play games on the Google Play Store in the United States using the walkthrough method showing mechanisms of value obfuscation, false narratives, emotional triggers, and habit building associated with microtransactions. These monetization schemes have important human rights implications, given that subtitle, but forced exposure to intrusive and deceptive game design choices such as the implementation of gambling, and the use of manipulatory design environments conflicts with fundamental principles of the right to self-determination leading to subjugation, domination, and economic exploitation of players, including individuals vulnerable to cognitive stimuli and minors.

Analisis Putusan Mahkamah Konstitusi Nomor 68/PUU-XII/2014 tentang Perkawinan Beda Agama dalam Perspektif Hak Asasi Manusia

The validity of marriage in Indonesia is considered to have religious overtones, religious elements that dominate the requirements for a valid marriage, so there is a degradation of the achievement of the unification goal of the Marriage Law which refers to the uniformity of holding marriages for every citizen. Pluralism in Indonesia with its diversity of ethnicities and nations is not actually an obstacle for a woman and a man in Indonesia to get married. The vulnerability to interfaith marriages is quite high due to the large number of religious diversity that is recognized by the constitution but interfaith marriages are marriages that are prohibited and not recognized by the Marriage Law in Indonesia. In the perspective of Human Rights (HAM) religious marriage is not prohibited and freedom is given to brides and grooms of different religions to be able to carry out the marriage (non-derogable rights). This research is a legal research (doctrinal research) with a conceptual approach (conceptual approach), the legal approach (statues approach), and the case approach (cases approach). The results of this study explain first, the Court, in the life of the nation and state based on Pancasila and the 1945 Constitution, religion is the basis and the state has an interest in matters of marriage, it cannot only be seen from a purely formal aspect, but must also be seen from a spiritual and social aspect. Religion determines the validity of marriage. Second, interfaith marriage is part of the universal right that every individual has to carry out marriages to brides of different religions and marriage is part of a right that cannot be limited and reduced by differences in religion.

Democracy in Retreat: The New Media and Human Rights Dimension to Covid-19 Pandemic in Nigeria

The role of the new media in analyzing and monitoring the global pandemic of Covid-19, which reveals at the same time reveals inadequacies of ensuring human rights in Nigeria cannot be over-emphasized. As an outlet for information gathering and dissemination, the media provided citizens with developments surrounding the Covid-19 pandemic. While identifying the power of media during the pandemic, this paper seeks to examine the human rights perspective of the Nigerian government. It argues that rather than the Nigerian Federal Government promoting the human security associated with the practice of democracy; freedom and liberty, transparency and legitimacy of governance; rule of law, and equity for citizens; settles for authoritarian governance that violates the democratic principles and human rights tenets. Primary data is sourced from social media platforms of television and radio stations; and social media influencers from entertainment and politics. Secondary data is gathered from consultations with journal articles, books, and newspapers. Findings are analyzed using content analysis; needed to blend the objectives of the paper.

Australia's unethical deportation practice discriminates against New Zealanders with mental illness: 'Everybody needs good neighbours!'

In this article, we explore Australia's deportation of people with mental illness from an ethical and human rights perspective. We outline the legislative framework regulating migration policy in Australia, focussing on Section 501 (s.501) of the Migration Act 1958 (which makes provision for deportation of non-residents on character grounds) and on the recently issued Direction 99 (which provides guidance on visa refusal and cancellation under s.501). We find the definition of a failed character test embedded within the legislative framework to be discriminatory, in that it conflates mental illness with character attributes. We present recent data on s.501 deportees sourced from the New Zealand Police and Manatū Hauora (the New Zealand Ministry of Health). Drawing on our clinical experiences working in forensic psychiatry and rehabilitation services, we describe some of our patients' experiences and the detrimental effects of deportation on their health and well-being. We argue that deportation of people with mental illness contravenes principles of psychosocial rehabilitation and recovery, is discriminatory and constitutes a moral wrong. Furthermore, while we recognise that recent policy changes reflect a tempering of the previous hard-line policy stance, it remains to be seen what effects they will have in practice. We question whether the new guidance will be enough to improve the treatment of and outcomes for those with mental illness, or whether the changes represent a case of too little, too late.

Konflik Norma Penolakan Euthanasia di Indonesia

Problems in the Human Rights Law which only regulate the right to life and not the right to die. If interpreted broadly, the logic is that if the right to live exists, then the right to die must also exist. If the state legalizes forced deprivation of life by law, then the government should also regulate the legalization of death by its own will in the law. This study aims to examine how the basic considerations of judges in rejecting the Application for Injection of Death or Euthanasia in the Decision of the Banda Aceh District Court are viewed from the perspective of human rights and how the rejection of the Application for Injection of Death or Euthanasia in the Decision of the Banda Aceh District Court is viewed from the perspective of the values of justice . The method used in this study is normative juridical with the following results; The rejection of the application for lethal injection or euthanasia in the Berlin Silalahi case for researchers is a form of injustice and violates the purpose of making the law itself. Whereas euthanasia can be considered as a way to uphold the 'Right to live' by respecting the 'Right to die' with dignity. Furthermore, the application of the practice of euthanasia in Indonesia is actually possible to implement and can bring human rights supremacy in Indonesia closer. The supremacy of human rights here is interpreted to cover human rights as a whole which previously had not been included in positive law so that they could be contained in positive law in Indonesia.

Implementation of Corporate Social Responsibility from Multinational Company in Indonesia Based on Perspective of Human Rights

Purpose: The purpose of this research is to identify the obstacles to implementing corporate social responsibility (CSR) based on a human rights perspective, particularly for multinational companies in Indonesia. Theoretical Framework: At its narrowest, it refers to a framework for measuring and reporting company performance against economic, social, and environmental parameters. Method: The research methodology involves a comprehensive analysis of relevant literature and Indonesian regulations pertaining to CSR and human rights. The analysis of Indonesian regulations focuses on understanding the legal framework and its strengths, weaknesses, gaps in relation to CSR and human rights. Results and conclusion: The research recommends addressing these obstacles, such as learning from successful practices in other countries, unifying regulations, socializing new regulations, and establishing a penal and penal system to promote compliance. By setting out these recommendations, the study suggests that Indonesia can strengthen the scope of its CSR, promote responsible business activities and ensure compliance with CSR obligations. Research implications: The findings of this research have implications for policymakers, businesses, and other stakeholders in understanding the challenges and potential solutions for improving CSR implementation in Indonesia. The research highlights the importance of considering human rights principles in CSR practices and emphasizes the need for effective regulations and enforcement mechanisms. Originality/value: This research contributes to the existing literature by focusing on the intersection of CSR and human rights in the Indonesian context. By identifying obstacles and providing recommendations, the research offers insights that can help enhance CSR practices and protect human rights in the country.

Liars, Skeptics, Cheerleaders: Human Rights Implications of Post-Truth Disinformation from State Officials and Politicians

The purpose of this paper is to philosophically examine how disinformation from state officials and politicians affects the right to access to information and political participation. Next to the more straightforward implications for political self-determination, the paper examines how active dissemination of lies by figures of epistemic authority can be framed as a human rights issue and affects trust patterns between citizens, increases polarization, impedes dialogue, and obstructs access to politically relevant information by gatekeeping knowledge. Analyzing European Convention on Human Rights (ECHR) case law, the paper argues that human rights law provides some argumentative basis for extending individuals’ rights as epistemic and political agents towards a “right to truth spoken by politicians”. However, challenges in balancing a possible restriction of lies and assessing the real effective harm that comes from them remain, potentially leading to a vacuum of rights protection for less visible long-term harm to individuals and public discourse. In order to have a real chance at tackling the harmful consequences of publicly told lies from a human rights perspective, it is necessary to rethink the notion of harm to encompass more complex and abstract forms of politico-epistemic damage to individuals and the public.

Death Penalty for Criminal Actions in Indonesia in a Legal Perspective and Human Rights

Death penalty for perpetrators of narcotics crimes is one of the punishments that is debated in various international countries, especially in Indonesia, a very big reaction from the community and even international countries in responding and intervening in the imposition of capital punishment with various fundamental reasons that death penalty is one of the crimes. the most cruel, sadistic, and undignified. This study aims to analyze capital punishment for crimes in Indonesia from a legal and human rights perspective. The method applied in this study uses normative legal research, which is a way of writing based on an analysis of several legal principles and legal theories as well as laws and regulations that are appropriate and related to problems in legal research writing. Death penalty for perpetrators of narcotics crimes in a country based on Pancasila as the basis of the philosophy of the Indonesian state and the 1945 Constitution of the Republic of Indonesia as the Great State Norms or Basic Norms of the Unitary State of the Republic of Indonesia and certain statutory regulations that regulate them in law something positive that is upheld is not said to violate the provisions on human rights violations, especially the basic right to life which is continuously debated in various international conventions, this must continue to be implemented.