Human Rights Situation Research Articles

Regulation Act of Torture in Criminal Code: Opportunity and Challenge to Improve Human Rights Situation in Indonesia

This research aims to analyze the opportunities and challenges with regulating the criminal act of torture in Law No. 1 of 2023 concerning the Criminal Code (KUHP). The provisions regarding the criminal act of torture in the Criminal Code certainly open up opportunities in efforts to eliminate the practice of torture in Indonesia. The provisions of Article 530 of the current Criminal Code and the explanatory section stipulate that this article directly derives from the provisions in the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. On the other hand, all efforts and mechanisms to eliminate the practice of torture in Indonesia still require many steps to be taken. This research was conducted using a normative juridical method with a statutory approach. This research also provides an explanation of several gaps from previous similar studies by explaining several novel analyses, such as: (1) the application of sanctions to perpetrators must be adjusted to the provisions of international instruments, (2) revision of various articles in the Criminal Procedure Code which has the potential to perpetuate the practice of torture, and (3) the urgency to ratify the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). The conclusion of this research is an explanation that the regulation of criminal acts of torture in the provisions of the new Criminal Code needs to be appreciated, but of course it is not enough. The state must have high commitment and political will to revise the Criminal Procedure Code openly and involve the community, ratify OPCAT, implement national legal provisions, and ensure law enforcement against perpetrators.

Where you stand depends on where you sit: The effect of status and evaluative identities on human rights perception

What shapes an individual’s perception of domestic human rights conditions? Although scholars have begun to examine public perception of human rights in recent years, existing literature has not adequately considered that one’s perception of human rights conditions is closely tied to one’s lived experiences within society. We argue that individuals’ perceptions of domestic human rights conditions are shaped by their relative socio-economic status within their society (status identity) and their self-assessment of well-being (evaluative identity). Using data from the World Value Survey Wave 7 (2017–2022), we find that individuals who are at a relatively higher standing in society are more likely to have a positive perception of domestic human rights conditions. This article contributes to the literature on human rights perceptions and improves our understanding of individuals’ assessment of human rights. The article also has important policy implications for international institutions and nongovernmental organizations aiming to improve human rights situations. An example is to potentially differentiate strategies among different segments of the population for more effective advocacy and to create favorable public opinion toward human rights causes.

Paradiplomacy and international conflict: disengagement from China by Swedish local governments

This article analyzes the development of paradiplomatic relations between subnational governments in China and Sweden. The empirical material comprises official documents, media reports, and interviews, and correspondence with local decision makers. Following steady growth in the 1990s and 2000s, the number of paradiplomatic agreements between the two countries declined dramatically at the end of the 2010s. To our knowledge, this extensive “local decoupling” is unprecedented, at least in the history of modern paradiplomacy between Europe and China. The decline can primarily be explained by three interrelated factors: worsening bilateral relations between Sweden and China, growing Swedish concern about the human rights situation in China, and the lack of activity in some of the cooperation projects. Rather than pursuing goals such as peacebuilding and economic benefit, generally described as the main drivers behind local governments’ international activities, several subnational governments in Sweden deemed it appropriate to terminate cooperation with their Chinese counterparts due to other concerns. This development demonstrates the usefulness of a more constructivist perspective of paradiplomacy.

Human Rights Violation of Dalit Women in Bangladesh

By reviewing secondary literature, this paper has analyzed the human rights situation and challenges of Dalit communities in Bangladesh, with a specific focus on the status of their women. The review unravels that Dalits belong to the most underprivileged minor communities, generally considered as lesser human beings, impure, polluted, and are secluded as well as excluded from the social and economic domains of mainstream society. Due to the social norms associated with caste system, their economic opportunities are strictly limited to menial, low paid, and service oriented jobs. Social exclusion denies their access to most basic rights, opportunities, and potential to develop as full human beings. As a result, they fail to break the inter-generational cycle of poverty, exclusion, and other forms of socio-economic marginalization. Dalit women’s situation is far worse and daunting due to their multifaceted marginal identities of being gender, religious, and occupational minorities. Finally, this paper advocates the necessity for hearing the voices and perspectives of Dalit communities, and facilitate social dialogues between them and stakeholders from governmental and non-governmental organizations, to preserve and re-conceptualize Dalit’s human rights in their own terms.

Profile of human rights defenders in the Maghreb: the case of the Tunisian human rights league

ABSTRACT Since the 1980s, human rights activists have constituted political agenda-setting groups in the Maghreb countries, mainly following the international turn towards human rights in the post-Cold War decades. Despite this fact, only scarce attention has been paid to their social and professional background. The article explores this topic and provides hitherto unpublished data about the first generation of human rights activists in Tunisia, in particular the members of the Tunisian Human Rights League (LTDH). Its members were a product of post-colonial Tunisia’s investment in (higher) education, teachers and professors, white-collar public servants, lawyers, doctors and journalists. They formed a committed, intellectual elite concerned with relationship between the state and citizens, seeking to influence public policies, carve out public, independent political spaces and get a share in the management of state affairs. Factual evidence surrounding human rights activists in Morocco and Algeria suggests they shared the same characteristics as LTDH members. Given the human rights situation in the Maghreb countries, the article suggests more research should be done about how human rights activists could more effectively link-up up with moral activism of social–professional groups that are absent from the human rights organisations.

Pengaturan Tata Hukum di Indonesia Kalau di Tinjau dari Kondisi Kekinian

An important part of Indonesian constitutional law is the development of state law. This article discusses the development of the legal system, especially the constitution, laws, statutory regulations, statutory regulations and regional regulations. In this case, it is important to examine how public institutions such as the government, DPR, and judiciary are involved in making, implementing, and enforcing laws. Teksini uses legal methods and library research strategies in his research, namely legal research which focuses on legal principles, including agreements, statutes, principles, norms and rules. The constitution is a list of articles governing the general organization of the state, functions, business and administration of public institutions, the territory of the state, the situation of local communities and human rights. We can not only understand what the Constitution is, but also what it teaches. One thing we can learn from constitutions is that diifferent ideas and methods are used from one country to another in implementing the constitution. Understanding changes in laws and regulations can help identify trends, issues, and reforms that can strengthen Indonesia's legal system. Apart from that, the constitution has many functions. One of its goals is to increase our citizens' interest in the Constitution by encouraging them to read the Constitution. The main goal is to increase public awareness of the Constitution.

Civil War in Yaman: Do Women and Children Have Human Rights Protection?

Introduction: This article delves into the intricacies of the Yemen civil war, focusing on the human rights situation affecting women and children. The analysis underscores the severe challenges in safeguarding their rights due to limited access to essential services caused by the conflict. The article examines ongoing programs and policies to strengthen protection measures and reinforce global awareness of vulnerable populations in Yemen. Purposes of the Research: The research is dedicated to analyzing the gravity of the human rights crisis in civil war, especially for women and children. Highlighting the hardships they experience, proposing pragmatic solutions, and increasing international recognition of their plight. Identifying gaps in existing protection mechanisms, this research advocates for cooperative strategies that can ease the burden faced by the Yemeni and nurture a more promising future.Methods of the Research: Utilizes normative and legal methodologies to comprehensively explore the protection of human rights. A complete understanding of the challenges faced through a descriptive methodology, incorporating a literature review and case studies. Research information was drawn from relevant legal documents, media reports, and policy analysis.Results of the Research: The findings of this research unequivocally reveal that Yemeni women and children face enormous obstacles in securing their human rights in armed conflict. Acts such as murder, rape, and recruitment of child soldiers exacerbate this already dire situation. Engaging government and civil society efforts are urgently needed to advocate for and ensure the well-being of Yemeni women and children during this protracted conflict.

Civil War in Yaman: Do Women and Children Have Human Rights Protection?

Introduction: This article delves into the intricacies of the Yemen civil war, focusing on the human rights situation affecting women and children. The analysis underscores the severe challenges in safeguarding their rights due to limited access to essential services caused by the conflict. The article examines ongoing programs and policies to strengthen protection measures and reinforce global awareness of vulnerable populations in Yemen. Purposes of the Research: The research is dedicated to analyzing the gravity of the human rights crisis in civil war, especially for women and children. Highlighting the hardships they experience, proposing pragmatic solutions, and increasing international recognition of their plight. Identifying gaps in existing protection mechanisms, this research advocates for cooperative strategies that can ease the burden faced by the Yemeni and nurture a more promising future.Methods of the Research: Utilizes normative and legal methodologies to comprehensively explore the protection of human rights. A complete understanding of the challenges faced through a descriptive methodology, incorporating a literature review and case studies. Research information was drawn from relevant legal documents, media reports, and policy analysis.Results of the Research: The findings of this research unequivocally reveal that Yemeni women and children face enormous obstacles in securing their human rights in armed conflict. Acts such as murder, rape, and recruitment of child soldiers exacerbate this already dire situation. Engaging government and civil society efforts are urgently needed to advocate for and ensure the well-being of Yemeni women and children during this protracted conflict.

Analysis of Human Rights Needs of Internally Displaced Persons and the Role of Social Work Practice: The Case of the Northwest, Southwest, and Littoral Regions of Cameroon

The scourge of internal displacement has continued unabated despite efforts from the international community to address its root causes. Ironically, the so-called Anglophone crisis in the Northwest and Southwest regions of Cameroon has been widely ignored on the world stage despite the toll and misery it has caused the local people, many of whom have been internally displaced. The purpose of this ethnographic study was to explore the human rights situation of internally displaced victims of this violent insurgency and reflect on the role social work practice can play to alleviate the suffering of displaced people. A quantitative research approach was employed through the use of a questionnaire in collecting data from 529 respondents in the Northwest, Southwest, and Littoral regions of the country. The major finding of the study is that most of the internally displaced respondents live under immense fear of either losing a family member or being killed themselves. Moreover, they have been deprived of their basic freedoms and live in indignity as there is hardly water, food, or other means of subsistence. The greatest aspiration of most of the respondents is to reunite with their families and return to their livelihoods. An important implication from this study is the potential contribution that social work professionals can make in the rehabilitation of IDPs. This study contributes to literature on forced migration and human rights, and practical suggestions on how to improve the human rights situation of internally displaced persons.

Autocratic Democracy and the Deficit of Human Rights in Nigeria’s Fourth Republic

This article reviews secondary data on Nigeria’s Fourth Republic and finds that successive administrations in the Republic have not fared better in safeguarding human rights than the military regimes that ruled the country in the pre-1999 period. It ascribes the reason for the human rights situation in the country to the autocratic nature of democracy in the Republic. It further locates autocracy in the Republic to flaws in the 1999 Constitution, flawed electoral processes, and elitism. The article recommends constitutional amendment and strict adherence to the principle of the rule of law to promote human rights in the Republic.

Human rights issues in the English language curriculum in China

As China increasingly engages in global human rights mechanisms, it has demonstrated a commitment to reforming its national curriculum. Through examining textbooks published during Xi Jinping’s tenure, this study investigates how China embeds human rights issues in the English language curriculum. The findings indicate that the human rights issues addressed in the English textbooks have surpassed China’s official revisionist narrative. This can be attributed more to the inherent features of the discipline of English than to a deliberate state strategy. Human rights issues are sorted into three categories: strictly taboo, decontextualised, and actively promoted. The meticulously constructed narratives highlight China’s leadership in addressing global issues while avoiding critical examination of its domestic human rights situation. As a result, genuine social issues in human rights education (HRE) are overshadowed by propaganda. This study concludes that China’s commitment to HRE largely remains an empty promise.

Beyond the Shadow of Adults—Youth, Adultism, and Human Rights in the Contemporary Faroe Islands

This article discusses young people’s human rights situation in the Faroe Islands today by addressing youth participation issues from a cultural adultism perspective. It argues that the local cultural values and intergenerational relations in the family influence the multilayered and shifting nature of ‘Faroese adultism’. My purpose is to explore the ways through which young people are challenging adultism in their everyday life practices: what do they intend to change and what do they wish to sustain in their cultural struggle? This article is mainly based on empirical data from focus group discussions with young participants. The findings reveal that young people from the Faroe Islands—located in the Nordic Atlantic—do not consider adultism to have a negative impact on their wellbeing. This article, relying on theoretical scholarship and ideas from youth studies and island studies, contributes to a more nuanced understanding of human rights in the context of a small (family-oriented) island community in cultural and social transformation.

스포츠 전공 대학생들의 인권에 대한 인식 연구

This study was conducted to present basic data for establishing a human rights education system in the future through awareness of human rights among college students majoring in sports. To achieve this purpose, the differences in human rights awareness, human rights education, and sports ethics center awareness were analyzed through frequency analysis using IBM SPSS 22.0 through a questionnaire targeting 184 college students majoring in sports across the country, and the results were as follows. First, although most students had encountered the word human rights through TV and the Internet, they appeared to lack awareness of the human rights situation. Second, 77.7% responded that they had experience with human rights education, but in response to the need for human rights education, a high figure of over 80% responded that it was necessary or higher. Third, in terms of awareness of the Sports Ethics Center among college students majoring in sports, 78.3% of students responded that they did not know much about it, indicating a lack of overall understanding of the Sports Ethics Center. These results showed that sports majors lack an overall understanding of human rights, so professional human rights education with purpose and content should be provided based on this study.

Human rights promotion in the south east Nigeria: The influence of Christian religious education

Human rights have been threatened in recent years globally especially in Nigeria where human rights situation has continued to deteriorate. This study investigated human rights promotion in the south east Nigeria and the influence of Christian religious education among primary school teachers. The study adopted descriptive cross sectional research design. The population of the study comprised of all the public primary school teachers of CRS from the five South-East states in Nigeria. The researchers selected only 100 professional trained CRE teachers using accidental sampling techniques. Structured questionnaire was used to collect data while Mean and Standard Deviation was used to analyze the data. The result revealed the overall mean scores of (= 3.2). This indicated that CRE has an influence in the promotion of fundamental human right among the population. The result of the study further indicated that CRE has an influence in the promotion of morals and principles towards the promotion of fundamental human rights, with the overall mean scores of (= 3.21). Again, the mean scores of (= 3.3), revealed the influence of effective teaching of CRE in schools for the promotion of human fundamental right in the south eastern Nigeria. The study concluded that the School managers and teachers should fully recognize the aims and objectives of CRE and should emphasize the Christian virtues in daily activities of the school as a way of indoctrinating them with the basic social teachings of Jesus as embedded in the National Policy of Education.

Silenced Narratives: Assessing the Human Rights Situations of Indigenous Peoples in the Philippines

This article presents an analysis of the human rights situations experienced by many indigenous peoples (IPs) throughout the Philippines. Through an analysis of various sources, it uncovers a range of alarming violations of human rights confronted by IPs, including forced evictions and land grabbing, as well as the degradation of their cultural heritage. It also emphasizes the historical and inherent rights of IPs concerning ancestral territories and self-determination, as protected by national and international laws. A meticulous evaluation of the Philippine government, particularly the National Commission on Indigenous Peoples, exposes substantial inadequacies when it comes to fulfilling their duty to safeguard these rights and combat human rights violations. Drawing on these revelations, this article emphasizes the imperative for the Philippine government to take resolute action in acknowledging and preserving the rights of IPs. Additionally, this calls for the adoption of an approach based on human rights to effectively tackle the challenges confronted by indigenous communities. Above all, this article underlines the utmost significance of ensuring the complete realization of these rights for IPs in the country. It ardently advocates for unwavering monitoring and dedicated advocacy endeavors in this pivotal sphere, aiming to instigate substantial transformations and address the systemic issues that persist.

Kyrgyzstan at a Crossroads: Democracy and the Struggle for Human Rights

This paper examines the current human rights situation in Kyrgyzstan, a Central Asian country with a complex history and a challenging human rights record. Despite gaining independence in 1991 and making strides towards democratization, Kyrgyzstan continues to grapple with serious human rights issues. This analysis focuses on three critical areas: the use of torture by law enforcement and security services, restrictions on free expression, and interference with the freedom of association. This paper highlights the gap between the government's commitments to human rights reforms and the reality of persistent abuses and systemic challenges. The study finds that these human rights abuses are not isolated incidents but are indicative of deeper societal and governmental issues that hinder Kyrgyzstan's democratic development. The paper concludes by emphasizing the need for comprehensive reforms and continued domestic and international efforts to address these human rights challenges.

United Nation’s Universal Periodic Review Mechanism on Human Rights: Results and Challenges

The Universal Periodic Review (UPR) is a mechanism to review the human rights situation for all UN member states. This paper provides some analysis of the impact and effectiveness of the UPR mechanism since its establishment in 2006. By looking at the achieved results and limitations of the UPR, this article argues that after nearly two decades of operation, the mechanism needs to be comprehensively evaluated by the United Nations and relevant stakeholders to make necessary adjustments to enhance the effectiveness of this global human rights monitoring mechanism. The article also takes Vietnam’s participation as an illustration of how UPR mechanism works at the national level.

Human Rights and Democracy in South Asia: Theory and Practice in Pakistan

Political instability in Pakistan has led to a weak and inconsistent protection of human rights, with human rights abuses being committed with impunity and limited accountability, ultimately hindering the development of a strong and sustainable democratic system. The paper gives an overview of the legal protections provided under the Constitution of Pakistan regarding fundamental human rights. The paper aims to provides an analysis of the application of various human rights regulations and the ground realities in the country. Using a variety of secondary data sources, including human rights reports, news articles, and legal documents, the paper explores the extent to which the government of Pakistan is fulfilling its obligations under national and international human rights regulations. This research paper examines the current situation of human rights in Pakistan, with a focus on key issues such as the rule of law, economic challenges, fight against corruption and terrorism, women and minority rights, and freedom of expression. The findings suggest that while there have been some positive developments in recent years, such as the strengthening of counter-terrorism measures and the creation of new laws to protect women's rights, significant challenges remain. These challenges include the failure to hold perpetrators of human rights abuses accountable, the use of legal regulations to suppress dissent and free speech, and the continued discrimination against religious minorities and marginalized groups.

Ethical considerations for research with sexual and gender minorities

Introduction: research on sexual and gender minorities has shown that stigmatization has significant negative effects. Research that compares the human rights situation between countries or continents is gaining more and more strength, however, this has been gradual, they are still little studied and are underrepresented. This group is considered a population at risk and a vulnerable group due to recurrent discrimination, stigmatization, inequities and injustice. Objective: to analyze the current ethical considerations involving research on sexual and gender minorities, and the protection granted to them as study subjects based on the ethical criteria proposed by Ezekiel J. Emanuel. Results: there is a lack of evidence in research that addresses ethical considerations in sexual and gender minorities, especially in those continents where they are prohibited from freedom of expression and are criminalized. Respect for individuals and protection of participants' welfare must remain the highest priority. Researchers are encouraged to maintain research on sexual and gender minorities even though there may be obstruction and delays in approval by the relevant agencies. Conclusion: researchers should orient their studies based on Ezekiel J. Emanuel's seven tenets, in addition to considering the suggestions made in this review. This will lead to methodologically valid research, maintaining the respect and value that community participants deserve

The Right to Food and Responsibility to Protect in North Korea: In the Face of Food Availability Decline and Food Entitlement Decline*

The North Korean authorities have the responsibility to protect (R2P) their people from starvation. Yet, reports of death from starvation in North Korea have been consistent since the widespread famine during the so‐called “Arduous March.” According to Amartya Sen, in a society with massive starvation and food refugees, famine crises are not merely due to food availability decline (FAD). Instead, the dominant variable in such crises is the food entitlement decline (FED) of vulnerable social groups. Therefore, since the repeated failure of the North Korean government to fulfill its responsibility justifies and obliges the international community to act, the “food entitlement” of the North Korean people needs to be further explored from social, economic, and political perspectives to help clarify and validate such international responsibility. Focusing on Kim Jong‐un's leadership since 2012, this paper explores the substance and causes of FAD and FED in North Korea and monitors any changes. To seek effective commitments from the international community, including South Korea, the current research also analyzes the impact of the persistent violation of the people's right to food on the North Korean economic‐social system and political regime, and the ensuing influence on the human rights situation with reference to the cases of Vietnam, China, and Mongolia in terms of the dichotomic social differentiation, beginnings of the civil society, and political change in the late‐communist stage.