Perspective Of Human Rights Research Articles

How deep is the cancerous cut of substance use disorders on human rights? The effects of substance use disorders from a human rights perspective: The thinking of Developmental Clinical Social Work

ABSTRACT Developmental Clinical Social Work (DCSW) involves the integration of social development approaches to the prevention, assessment, diagnosis, and treatment of psychological, behavioral, emotional, and medical disorders through social work methods. In doing so, it also covers the predispositions that occur over time in one’s life course. Utilising the thinking of Developmental Clinical Social Work, the paper explores the effects of substance use disorders from a human rights perspective. The human rights to health, adequate housing, food and nutrition, development, clean and healthy environment, occupational health and safety, education, parental and children rights have been discussed considering the effects of substance use disorders. The article stimulates the realization that investment in the prevention of substance use disorders advances for the attainment and enjoyment of the above-mentioned human rights. To its end, the paper contradicts with the notion that the use of drugs is a “human right”. It justifies the need for court sanctioned substance use disorder treatment facilities that are evidence-based and adhere to human rights. It should be noted that this is a conceptual reflection of three academics, two of whom have taught on the advanced substance use and treatment course and one has taught on developmental social work courses.

Perlindungan Hak Asasi Manusia Terhadap Eksploitasi Anak Bawah Umur Ditinjau Secara Yuridis

Children are God's gifts that must be protected and loved. Today there are many cases of violence against children, often even within their own families. This is usually due to family and economic factors in the family in the child. In addition, the number of abused children often shows a correlation with the number of child workers in Indonesia. This study discusses violence against children from a human rights perspective. This study uses a normative legal approach, which explains legal science and social science related to violence against children and child protection. The results of this study indicate that violence against children increases child mortality in Indonesia The method used is normative, namely those made to legal standards contained in statutory regulations. In this method there are several discussions regarding the legal provisions, Law no. 35 of 2014 concerning Child Protection..

Land Acquisition for Development in the Public Interest: A Justice and Human Rights Perspective (Land Acquisition Study for Bali Cultural Center Development in Klungkung Regency, Bali)

This study examines the implementation of land acquisition for development for public interest from the perspective of justice and human rights. The phenomenon that occurs in the community in land acquisition carried out by the Government in taking community land has not fully provided a sense of justice and respect for the rights owned by the community. Therefore, it will be studied and analyzed related to the acquisition of land at the Bali Cultural Center in Klungkung. This research will use empirical legal research, because there is potential in land acquisition in the community is not fully in accordance with procedural and existing laws and regulations. Thus, this study found that in the implementation of land acquisition, the principles that exist in land acquisition such as the principle of justice and respect for community rights. Related to the provision of compensation has not been in accordance with the sense of justice for land rights holders and respect for the rights that must be given to the community has not been accommodated.

Land Acquisition for Development in the Public Interest: A Justice and Human Rights Perspective (Land Acquisition Study for Bali Cultural Center Development in Klungkung Regency, Bali)

Land Acquisition for Development in the Public Interest: A Justice and Human Rights Perspective (Land Acquisition Study for Bali Cultural Center Development in Klungkung Regency, Bali)

Examining Qanun in Aceh from a human rights perspective: status, substance and impact on vulnerable groups and minorities

The Helsinki Agreement between the Aceh Freedom Movement (GAM) and the Indonesian Government aimed to end long-standing conflict and inequality in Aceh. It also legally empowered the Acehnese to govern their own province and protect their citizens from human rights abuses. Regrettably, the implementation of laws and policies in Aceh since the agreement, such as Qanun, has had an adverse effect on human rights, particularly for vulnerable groups and minorities. This paper analyses the need to align the substance of Qanun with international human rights norms and assesses the feasibility of implementing Qanun without violating human rights. The research method used is the qualitative method. The data collection technique mainly involves in-depth interviews with key informants, including academics, members of Aceh parliament, civil society organisations, representatives of religious organisations, the Aceh Sharia Court, the Acehnese government, and practitioners on women and children, as well as victims of human rights violations and literature reviews. This study has found that the implementation of Aceh Qanun has had negative consequences on the protection of human rights, particularly for vulnerable groups and minorities. In addition, it also affects vulnerable groups, Muslim and non-Muslim minorities who have been “forced to conform” with Aceh Qanun. The paper advocates for a harmonious balance between Qanun and human rights, which can be achieved through a more constructive dialogue between the two.

The European Union and global warming: A fundamental right to (live in) a sustainable climate?

Multiple developments are taking place in the European Union (EU) as concerns climate action through fundamental rights. On the one hand, the Court of Justice of the European Union (CJEU) might afford protection from climate change via first- and second-generation human rights; on the other, the EU is progressively recognizing the human right to a sustainable environment, and possibly to a sustainable climate, via Article 37 of the Charter of Fundamental Rights. These developments are nonetheless restrained by the limited possibility for individual natural and legal persons to act in the Court. On the other hand, EU Member States are parties to the European Convention on Human Rights (ECHR), to which the EU will also foreseeably accede in the future and through which a string of claims has been brought to the attention of the European Court of Human Rights (ECtHR). Also in this context, protection from climate change might be afforded via first- and second-generation fundamental rights, and possibly via the third-generation right to a sustainable environment and climate. Contrary to the CJEU system, however, there are no procedural limits to action by individual natural and legal persons in the ECtHR. The article argues that an extensive interpretation of first- and second-generation human rights, particularly the rights to life and to private and family life under ECHR articles 2 and 8, collectively interpreted as the rights to live in a sustainable environment and climate in line with the jurisprudence of the ECtHR, reverses the burden of proof and is essentially tantamount to acknowledging an independent fundamental right to a sustainable environment and climate, thus ensuring adequate climate protection in the EU from a human rights perspective.

Inclusive child welfare services, disabled children, and their families: insights from a European comparison of social policy and social (work) practice in Austria, Iceland, and Ireland

ABSTRACT All children and their families have a right to CW services that ensure their equal opportunities. However, due to structural, social, and cultural barriers, CW services are not equally accessible for all families. This is particularly true for disabled children and their families. The aim of this paper is to highlight the potentials of a European comparison of inclusive CW services to disabled children and their families. For this purpose, CW is approached from a human rights perspective, theories on childhood dis/ability and intersectionality theory. Perspectives from Austria, Iceland and Ireland are introduced, analysed through an intersectional human rights lens, and then compared. An argument is made for a European analysis of social policy (and subsequently social work practice) regarding inclusive CW services. Three insights that can be gained from such research are discussed: (1) the inclusivity of CW services for disabled children and their families, (2) the relevance of intersecting social positions of disabled children and their families for the provision and receipt of CW services, and (3) the role of CW policy and practice in constructing abledness in terms of normatised childhoods as the basis for service provision.

Gender Equality Foundation in a Family to Anticipate Abuse

Domestic violence committed by husbands against wives in the perspective of human rights is a form of action that violates the basic principles of international human rights declaration. The desire for gender equality is expected to apply to the level of the smallest group, namely family life, especially the existence of the family has a very large influence on people's lives so as not to create gender bias. In this case, the family is the first unit and the smallest unit in forming a foundation to form individuals who have qualities so as not to commit violence. The research method used is a descriptive method of analysis, which is a method that has a function to describe or provide an overview of the object being studied either through data or through samples that have been collected as they are, then a form of analysis is carried out and makes a conclusion that applies to the public. The material used in this study is literature material.

Analisis Pengaturan Status Kewarganegaraan Seseorang Yang Melakukan Perkawinan Campuran Di Indonesia Dari Perspektif HAM

This study aims to find out and understand the regulation of the citizenship status of a person who enters into mixed marriages in Indonesia, and to know and understand this regulation from a human rights perspective. The method used is normative research using a conceptual approach and a statutory approach. The results of the research show that the provisions of Article 26 of Law no. 12 of 2006 concerning Citizenship basically provides for restrictions on human rights related to a person's freedom to choose citizenship status. These provisions stipulate that as a result of mixed marriages, Indonesian men or women lose their citizenship status because according to the law of origin the foreign husband or wife has given citizenship status. In addition, this provision also contradicts Article 28E paragraph (1) of the 1945 Constitution of the Republic of Indonesia which basically states that everyone is free to embrace religion and worship according to their religion, choose education and teaching, choose a job, choose citizenship, choose a place to live in the territory of the country and leave it. and has the right to return. and also Article 26 paragraph (1) of Law no. 39 of 1999 concerning Human Rights which basically states that everyone is given the right to own, replace, obtain or maintain citizenship status.

Journalism on Forced Migration in Latin America: Recommendations from Experts and International Journalism Guides from a Qualitative Study

Wars, insurgent groups, dictatorships, and economic crises are the main reasons for forced migration. Displaced persons, asylum seekers, and refugees often face public stigmatization, as they are treated by the media as a social problem and, in many cases, seen as economic and social threats. This article presents the results of in-depth interviews with expert journalists and researchers from different Latin American countries on the phenomenon of forced migration and its journalistic coverage. Their recommendations are complemented by Qualitative Document Analysis (QDA) of international guides on migration journalism. The findings highlight the need for training and awareness-raising in critical skills and social analysis for journalists to understand the complexity of human mobility and approach it from a human rights perspective, as well as to project the positive contributions of migrants to the host society. Findings suggest the need to avoid disseminating and magnifying hate speech, which may be used to justify discrimination and violence against migrants. This highlights the fact that migration issues must be dealt with under slow journalism schemes, with an emphasis on research, thus avoiding falling into xenophobic discourse due to the very immediacy that the digital ecosystem demands.

A reconstruction of the international standards of religious education of juveniles in correctional institutions

ABSTRACT In this article, we reconstruct the international standards relating to the religious education of a juvenile placed in an isolation centre in connection with the commission of a prohibited act. From a human rights perspective, this is a particularly complicated situation because there is a competition between parties that (at least potentially) have the right to decide on such education. These parties include: juveniles, their parent(s) or legal guardians and the authorities of an isolation centre. The rights of each of them are governed by various legal acts of a different rank – both in an international and national order. An analysis of international documents made it possible to assess the legal situation within the scope defined in the title and formulate certain postulates.

An Intersectional Approach to Access to Justice for Persons with Albinism: A Discussion Article

The quest for access to justice for persons with albinism is a chimera. Adopting a social justice and human rights perspective, in this article, I draw attention to the multiple and complex intersectional forms of discrimination which hinder that quest. In this article, I first define albinism and then highlight a range of issues that may be of interest to researchers, policymakers and practitioners. I explain the ways in which a longstanding tradition of myths and beliefs aggravates the plight of persons with albinism (women, young girls and children in particular) in sub-Saharan Africa. In the belief that a multidisciplinary approach is vital to understanding and responding to the complexities of the issues raised, I provide a detailed and lengthy review of literature drawn from social work, sociology, criminology, victimology, community development and human rights law. In the methodological review, I recommend three complementary approaches that researchers investigating a similar topic may find useful. The discussion concludes with the observation that there is no adequate access to justice for persons with albinism if there is no enforceable legislation. In the article, I identify gaps in the scholarly literature and recommend areas for future research. Finally, I call for the urgent implementation of the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance and the reform of the White Paper on the Rights of Persons with Disabilities, which will provide greater clarity on the disability status of persons with albinism in both the private and public sector.

Cyber Crime in terms of the Human Rights Perspective

Regulatory efforts related to the ITE Law are a form of recognition and protection of human rights. Its philosophical foundation is Pancasila which is rechtsidee (legal ideals) and the idea of realizing the law in accordance with what it aspires to. This study aims to determine the extent of the handling of cybercrime in the City of Parepare. This research uses normative and empirical methods. The results show that cybercrime, which is essentially a human rights violation, is still very massive, especially in the City of Parepare where the handling process is still not running effectively, because the regulations governing cybercrime have not provided a deterrent effect for the perpetrators, so that until now cybercrime is still very frequent occur.

Taking Class Seriously

This article critically analyzes the human rights perspective upon what has emerged as one of the most significant socioeconomic and political challenges confronting many millions of people residing within high-income, liberal-democratic societies: rising poverty and socioeconomic inequality. This article argues that international and domestic human rights law and the social and political imaginaries of the wider human rights community largely fail to adequately diagnose and effectively respond to poverty and inequality within high-income, liberal-democratic societies. As a political and ethical doctrine founded upon a normative commitment to social justice, human rights should be taking the lead in efforts to condemn, understand, and develop responses to the poverty and inequality which blight the lives of many millions of people within many of the world’s most affluent and, allegedly, most “liberal” societies. Human rights law has historically not done so. We, as a community, have not done so. This article offers a specific explanation for this continuing failure, by focusing upon the absence of any concerted recognition of or engagement with social class as it contributes to and compounds our exposure to poverty and inequality. Human rights remain largely blind to the many ways in which social class is intricately connected to poverty and inequality. The human rights community within high-income, liberal-democratic societies characteristically fails to take class seriously. Building upon previous writing in this area, this article explains why class is rarely recognized or engaged with by the human rights community. This article also sets out the basis for how we might begin the task of overcoming this highly damaging class blindness, to set the stage for what the author asserts as an urgent need if human rights is to provide the kind of political and ethical leadership required to effectively engage with poverty and inequality in affluent societies: the degentrification of human rights.

Lives of the Rohingya children in limbo: Childhood, education, and children's rights in refugee camps in Bangladesh

The Rohingyas, an ethnic minority of Myanmar, have been denied human rights, including nationality. For decades, they have suffered from brutal oppression, discrimination, violence, torture, unjust prosecution, murder, and extreme poverty. Hostile situations in Rakhine State have forced the Rohingyas to flee from their homes and seek refuge in neighboring Bangladesh and other countries, including India, Thailand, Sri Lanka, Nepal, Pakistan, Malaysia, Indonesia, and even distant Saudi Arabia. Many of the Rohingya refugees are children who escaped from their homeland with traumatic experiences and memories. In Bangladesh, the Rohingya children live in desperate conditions in overcrowded, makeshift refugee camps. They are exhausted, frustrated, and poorly nourished, and they have been battling diseases, including Covid-19, as their conditions have become more challenging and volatile. This article explores the historical context of this crisis and analyzes, from the human rights perspective, issues associated with the Rohingyas’ displacement and the impact it has had on the Rohingya children.

POLITIK HUKUM KEWARGANEGARAAN INDONESIA: STUDI TERHADAP STATUS WARGANEGARA YANG MENJADI FOREIGN TERORIST FIGHTERS (FTF) ISIS

Government policy reflects the extent to which Indonesian citizenship law accommodates the issue of Foreign Terrorist Fighter (FTF)s, as well as future projections of what can be done against FTF based on related laws and regulations, especially those related to citizenship laws. The method used in this study is normative juridical, with data collection through literature study. The results showed that the citizenship status of Foreign Terrorist Fighters from Indonesia based on a human rights perspective, the state can only revoke a person's citizenship based on a court decision. A person's citizenship status is a fundamental right, and a precious right, therefore, the rights of every citizen must be recognized, respected, protected, facilitated, and fulfilled by the state. In solving the problem of citizenship status of former FTF from Indonesia, it is necessary to improve performance and cooperation in the deradicalization process by all elements of the Government and Law Enforcement Officers commanded by the National Counterterrorism Agency and the development of sterile area infrastructure with a high security system to carry out the deradicalization process while carrying out the FTF citizenship status determination trial process. Keywords: Law, Citizenship, Foreign Terrorist Fighters.

The Social Construction of Transgender in Jember Regency After the Jember Fashion Carnival Event: A Human Rights Perspective

The issue of discrimination and negative stigmatization of transgender people in the Jember Regency is considered an obstacle to the freedom of expression for every individual. This study aims to analyze the views of the people of the Jember Regency in regard to transgender women’s right to freedom of expression after the Jember Fashion Carnival event. This research utilizes an empirical juridical research method with sociological approach and legal approaches. The results of this study indicate that the community's social construction of the rights of transgender expression after the Jember Fashion Carnival event is demonstrated through the community's appreciation of the transgender people’s works at the event and the provision of space for their expression to develop creativity. Although the government of Jember Regency has not implemented specific policies to protect the rights of transgender people in expressing themselves and developing their potential, the government and residents of Jember have recognized the transgender community as citizens with equal rights and positions to express themselves and contribute to the progress of Jember Regency.

Police Brutality as Human Rights Violation: A Study Case of Black Lives Matter

Today’s unresolved human rights issue is racial misbehavior and police brutality in all of its manifestations. The United States of America stands as a horrifying example of a State that has failed to protect its citizens against bigotry. This has been especially visible in recent years, with several incidents of unjustified police shootings of African-Americans culminating in the formation of the global movement known as “Black Lives Matter,” abbreviated as BLM, which began quietly as a Twitter hashtag. Thus, this study addressed how the legal enforcement against police brutality in the case of Black Lives Matter in the US in regards to human rights violations based on international human rights perspective. The author employed normative research in this study which focuses on library (literature) studies and emphasizes reading and analyzing resources. The result showed that police brutality against Black people is common in the US. Despite the fact that the US has considered regulatory frameworks that establish standards that address discriminatory racial practices in the targeting and killing of unarmed Black boys and men, the implementation of police brutality protection in the US has yet to be effective and thorough. As a result, national action is required to address this issue. There is an urgent need for top management and institutions to step up their supervision of police behavior in order to address the abuse of power by some police forces.

THE DISSOLUTION OF DESCENDED CASTE MARRIAGE AND ITS IMPLICATION ON BALINESE WOMEN: HUMAN RIGHT PERSPECTIVES

This paper analysis the dissolution of inter-caste marriages, nyerod ‘descended caste’ marriages, and their implications for Balinese women in the perspective of human rights. The focus of this research is the position of Balinese triwangsa caste women (those who are from Brahmana, Ksatriya, and Wesya) whose nyerod marriages are dissolved. The method used was the empirical legal research method using a statutory approach, a conceptual approach, an analytical approach, a sociological approach and a human rights approach. As an analytical tool for the legal issues studied, the theory of Human Rights (HAM) was applied because factually the Balinese customary law community is still attached to the recognition of caste even though there has been a Bali DPRD decision Number 11 of 1951 which negates the implementation Patiwangi ceremony, the ceremony of neutralizing one's caste position. The data used were obtained through direct observation and interviews with informants based on purposive sampling technique. The result of the analysis shows that the existence of caste in the Balinese customary law community is actually a burden for triwangsa women whose marriages are dissolved, because the Balinese triwangsa women who have chosen the nyerod marriages are considered out of their original caste, so they can no longer be recognized as part of the triwangsa clan, even though from a human rights perspective the Balinese customary law community highly respects human rights. However, in the event that the marriage was dissolved, socio-culturally it turned out that the elderly people from Puri or Griya, those who belong to triwangsa did not re-recognize the caste of Balinese women who were returning to their home family, even though they were their own biological children. The strong attitude of the elderly people of the Puri or Griya palaces in refusing nyerod marriages bring implication that the triwangsa women were afraid and ashamed to return to their original homes/family because they feel they are no longer part of the triwangsa clan.

A Re-Evaluation of the Role of Criminal law in Combating Parental Violence in the Netherlands

Abstract This article analyses the scope of the responsibility of the State to ensure access to criminal justice for child victims of parental violence from a children’s and human rights perspective and how this would serve the best interests of the child before, during and after criminal proceedings. The purpose of this article is to establish a human rights framework to promote better understanding of the multi-faceted problems inherent in the combat of parental violence by means of the criminal justice system, articulate obligations imposed upon States and facilitate a holistic approach. The article also explores to what extent the Netherlands, presented as a case study, meets the obligation to provide child victims of parental violence with access to criminal justice and whether there is a need to re-evaluate the role of criminal law in combating parental violence in the Netherlands.