Violation Of Human Rights Research Articles

Human Rights in Nepal's Democracy: Achieving Best Practices

This article outlines the status of human rights practices and provisions within Nepal, a democratic nation where democracy, progress, and the rule of law are interconnected with the preservation of human rights and fundamental freedoms. Nepal, as a democracy, ensures the protection of human rights for its citizens. Over the past few decades, significant strides have been made in enhancing these practices and provisions, particularly in granting rights to marginalized groups as per the 2015 Constitution. However, despite these advancements, the Nepalese government has consistently overlooked recommendations from the Commission to investigate and prosecute human rights violations, as mandated by the Constitution. There is a need for the Nepalese government to prioritize the human rights movement, which faces numerous challenges from activities that contradict the principles of the constitution, democratic norms, and the Universal Declaration of Human Rights. The paper highlights progress in human rights provisions and practices, alongside suggestions to actively ratify the Rome Statute to enhance Nepal's international reputation.

INTERNATIONAL MECHANISM FOR PREVENTION OF TRAFFICKING OF WOMEN AND THE LEGAL ANGLE RELATED TO THIS

The research paper titled ‘‘International Mechanisms for Prevention of Trafficking of Women and The Legal Angle related to this" deals with the multifaceted and critical issue of trafficking of women, exploring the intricate web of international mechanisms and legal frameworks that seek to prevent and address this grave violation of human rights. The paper delves into the systemic factors, vulnerabilities, and repercussions of trafficking, with a specific focus on its disproportionate impact on women. The research systematically examines a range of international mechanisms, agreements, conventions, and protocols that have been established to combat trafficking, shedding light on the collaborative efforts of the nations and many international organizations to eradicate this heinous practice. This research paper examines the global frameworks established to prevent and address trafficking in women, and explores the legal dimensions and implications of these frameworks. Drawing on a comprehensive array of legal sources, case studies, and empirical data, the paper dissects the legal dimensions of trafficking, analysing the complexities of defining and prosecuting this crime on a global scale. It scrutinizes the challenges posed by differing legal definitions and interpretations across jurisdictions, highlighting the necessity for harmonization and standardization of legal frameworks to effectively address trafficking and provide justice for victims. The paper also investigates the vital role of international organizations, including the United Nations and its various agencies, in developing and executing strategies for prevention, victim protection, and prosecution. Ultimately, the research paper underscores the urgent necessity for a unified and coordinated international strategy to tackle the trafficking of women. It underscores the importance of aligning legal frameworks, enhancing cross-border cooperation, and fostering a global commitment to eradicating this abhorrent practice. By shedding light on the intricate web of international mechanisms and legal angles surrounding trafficking of women, the research paper contributes valuable insights and recommendations to the ongoing global efforts to prevent and address this deeply concerning violation of human rights.

Analysis of the Influence of Domestic Violence Severity on the Emotional States of Non-working Women in Sialkot

Violence against women is widely acknowledged as a severe violation of human rights and a significant public health issue with profound physical, mental, sexual, and reproductive health consequences. The purpose of current research is to assess the impact of domestic violence on the emotional states of non-working women. This study, using a cross-sectional quantitative approach, surveyed 350 non-working females in both rural and urban Sialkot through purposive sampling. The sample size was determined using g-power analysis. Findings revealed a strong positive correlation between domestic violence and emotional states (r=.827, p<.001; r=.771, p<.001), suggesting that increased domestic violence severity leads to greater emotional disturbance. The abusive behavior scale (r=.777, p<.001) indicated that marital abuse exacerbates domestic violence, further disturbing emotional states. In conclusion, abusive behavior moderates the relationship between domestic violence and emotional disturbance. Addressing abusive behavior is recommended to mitigate its impact on non-working women's emotional well-being.

PERKAWINAN BEDA AGAMA DITINJAU DARI UNDANG-UNDANG PERKAWINAN

Marriage is the right of all people in Indonesia. Humans are social creatures who always interact with other humans regardless of ethnicity, race or religion. This interaction makes each other feel caring and have the desire to live together. It's just that we as humans cannot choose who we feel and see the religion of each society. Interfaith marriages are still a problem because in Law no. 1 of 1974 concerning marriage, especially Article 2 paragraph (1), states that marriage is valid if it is carried out in accordance with each person's religion and beliefs. However, there is no article explicitly discussing interfaith marriages, so people feel there is a legal vacuum. The purpose of this article is to find out whether Law no. 1 of 1974 concerning Marriage causes violations of Human Rights. The methodology used in this research is Normative Juridical to update legal products in order to obtain legal certainty, the analysis approach is carried out descriptively. Marriage and Human Rights are two things that cannot be separated because creating a family and living together are human rights and are inherent from birth into the world. If marriage regulations violate human rights, then the regulations regarding marriage must be changed and adapted to human rights so that society does not experience a legal vacuum and its human rights can be fulfilled.

Land Reform Policy in Determining Abandoned Land for Halal Tourism Destination Management Based on Fiqh Siyasah

The government has established a policy of utilizing abandoned land to develop halal tourism. However, the critical question is whether this policy, based on siyasah fiqh, impacts Indonesia's economic development. The research analyzed land reform policies, which determine abandoned land for managing halal tourism destinations based on Fiqh siyasah. This study employed normative legal studies and secondary data. The research indicated that the use of abandoned land for halal tourism development is not grounded in Islamic jurisprudence, and it potentially violates the provisions of Article 27 paragraph (2) and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, leading to violations of human rights.

The Rise of Islamophobia in India: Violation of Human Rights and Fundamental Freedom of Indian Muslims

This article examines Islamophobia in India and its impact on the human rights and basic liberties of Indian Muslims. Islamophobia is a new form of racism that has grown out of xenophobia, negative profiling, and stereotyping of Muslims. This article focuses upon the current state of Islamophobia, basic liberties, hate speech, discrimination, and violence against Muslims. These acts of prejudice, animosity, and violence against Muslim communities are major infringements on their human rights and a violation of their religious freedom. The BJP has been promoting a number of evil anti-Muslim policies, including discriminatory citizenship laws, the lynching of Muslims on suspicion of consuming or transporting beef and a ban on communal prayers. We conclude that the institutionalisation of Islamophobia through new laws and policies have a negative impact on Muslims’ human rights and religious freedom in India. Similarly, the media in India also promotes Islamophobia.

Unwilling and Unable Test in Gross Human Rights Violations in Indonesia

Unwilling and Unable Test in Gross Human Rights Violations in Indonesia

Status of the Right to Health Care During the Covid-19 in Asia Under International Law

On January 30, 2020, the World Health Organization declared that the spread of COVID-19 is a public health emergency of international concern. Then, on March 11, 2020, the World Health Organization announced that COVID-19 is a global pandemic, calling on all countries to strive to confront it and limit its spread. As soon as COVID-19 was declared a global pandemic, the governments of all countries rushed to take strict measures, under the pretext of preventing the spread of the pandemic. International human rights law recognises in exceptional situations and serious threats to public health and public emergencies, such as wars, natural disasters, and epidemics, to restrict and suspend some rights to protect another higher right, which is the right to life, and to prevent any threats to public health. This paper will discuss the status of the right to health care during the spread of COVID-19 in some Asian countries. Through doctrinal and legal study and content analysis, this paper will analyse the important relevant legal provisions under international human rights law and applies these provisions to the reality of managing the COVID-19 crisis to identify the most prominent human rights violations to the right to health care in Asia during the COVID-19 outbreak. The Universal Declaration of Human Rights (UDHR), the ICCPR and the International Covenant on Economic Social and Cultural Rights will be used as a standard for the definition of relevant human rights. It is concluded that the COVID-19 pandemic has posed unprecedented challenges to global health systems, and its impact on the right to health care has been profound. In addition, this pandemic has shown the ugly fractures in health-care systems, health inequities, racism, and discrimination. The benefit of this paper is to provide recommendations that protect human rights during pandemics.

Assessing the inaction of the Responsibility to Protect (R2P) in Myanmar and Gaza Amidst Atrocity Crimes

The global community's failure to prevent severe human rights violations, such as the Rwanda Genocide and Yugoslavian atrocities, led to the development of the "Responsibility to Protect" (R2P) doctrine, adopted by the UN in 2005. R2P aims to shield populations from genocide, ethnic cleansing, war crimes, and crimes against humanity. Despite its promise, R2P's implementation is hindered by geopolitical interests and power dynamics. To address ongoing atrocities, it is essential to strengthen international accountability mechanisms and prioritize civilian protection, ensuring such violations are neither tolerated nor inevitable.

Russia's Abduction of Children in Ukraine War and Applicability of UN Genocide Convention

The purpose of this paper is to investigate whether Russia's abduction of Ukrainian children falls under the provisions of genocide under international law and to suggest the political implications of Russia's abduction of Ukrainian children. Through this paper, it was pointed out that Russia's policy to annihilate Ukraine's identity in occupied areas before the invasion of Ukraine in 2022, that is, after Russia's occupation of Crimea in 2014, has been continuously implemented, and has been rationalized domestically through the Russian media. The policy of kidnapping Ukrainian children to erase their memories of their homeland and change their mother language to Russia is not just a cultural assimilation policy, but a international crime that is equivalent to “genocide” that forcibly transforms the ethnic character of a group. Today, there is little disagreement on the fact that the prohibition of serious, continuous and systematic human rights violations by the state and the prohibition of genocide have developed into norms under common international law. However, it can be said to be exceptional in that there is no precedent for an international court trial on child abduction after World War II, and there has been no opportunity to recognize its seriousness. Nevertheless, the international community should realize the seriousness of the crime of child abduction in the wake of the Ukraine war and not neglect to hold the kidnappers accountable.

Kadına Yönelik Şiddet: Kalıcı ve Yükselen Bir Sorun

Violence against women is a widespread global public health problem. It is also a serious violation of women's human rights. Violence has traumatic effects on the health and well-being of women and the children who witness it. Violence against women is associated with physical, mental, emotional, sexual health, reproductive health problems and death. Violence and gender norms, which are one of the risk factors causing the continuation of violence; also have significant effects on families and societies, and these negative effects cross social and economic boundaries. However, it is also clear that current prevention initiatives and policy responses are insufficient. Mental health professionals have an important role to play in identifying, preventing and responding appropriately to violence against women and may take primary, secondary and tertiary measures to reduce the risk of violence against women. While providing mental health services, İt is very important to be aware of interpersonal violence and to provide gender-sensitive services. When providing these services, the impact of violence against women on mental health and knowledge of potential treatments are considered as a prerequisite. Along with the knowledge about the dynamics of violence, it is considered extremely important to take measures against the risks that weaken women who are disadvantaged due to problems such as gender inequality. For this reason, in this review, the concept of violence against women and the types of violence are explained and in this context, the initiatives that can be made in the field of mental health are included. It is thought that this review will contribute to the awareness of professionals working in the field about the seriousness of the problem and how violence affects women's mental health. It is also hoped that the present study will provide insight into the complex relationship between violence and health outcomes to help improve health policies and prevention responses in the relevant field.

PADANGBULIA PEOPLE'S RESISTANCE TO PUBLIC POLICY NUMBER 10 OF 1951 CONCERNING THE ABOLITION OF THE MANAK SALAH TRADITION

In Bali, the birth of "kembar buncing," or mixed-gender twins, is often associated with negative connotations. Specifically, in Padangbulia, such births are traditionally accompanied by a ritual that includes the exile of the infants to a location deemed haunted by the local community. This practice of exile is a violation of human rights, leading to the issuance of Paswaran Number 10 of 1951, which mandates the abolition of the "Manak Salah" tradition. However, despite this regulation, the Padangbulia community continues to uphold the tradition. This study aims to explore the processes and forms of resistance by the Padangbulia community against the mandated abolition. The research adopts a qualitative descriptive approach, utilizing cultural semiotics and resistance theory to understand the community's actions. Data collection involved snowball sampling to select informants, supported by participant observation, interviews, and document analysis. Findings reveal that the "kembar buncing" tradition in Padangbulia involves several stages, including preparation, exile, and purification. The resistance to abolishing the tradition manifests both openly and covertly, highlighting the community's deep-seated cultural values and the complex dynamics between tradition and regulatory enforcement. This study sheds light on the persistence of traditional practices despite external pressures and the role of cultural resistance in maintaining local customs.

Resolving Human Rights Violation Cases in Aceh, Indonesia

Penelitian ini bertujuan untuk mengkaji posisi dan peran ulama dalam penyelesaian kasus pelanggaran HAM yang dilakukan Komisi Kebenaran dan Rekonsiliasi (TRC) Aceh. Laporan ini menganalisis keterwakilan ulama di komisioner KKR Aceh, peran mereka dalam rekonsiliasi, dan faktor-faktor yang mempengaruhi peran ulama. Data diperoleh melalui wawancara dan dokumentasi. Data dianalisis menggunakan model Miles dan Huberman. Hasil penelitian menunjukkan bahwa peran ulama dalam rekonsiliasi kasus pelanggaran HAM yang dilakukan KKR Aceh diabaikan. Ulama tidak diwakili oleh komisioner KKR dan tidak berperan penting dalam proses rekonsiliasi. Berkurangnya peran mereka dalam resolusi konflik berkaitan dengan delegitimasi di Aceh. Hal ini terjadi karena kurangnya ulama yang mumpuni dalam menyelesaikan konflik Aceh serta adanya gesekan atau polarisasi di antara mereka. Penyebab lainnya adalah kurangnya perhatian ulama terhadap isu HAM dan munculnya aktor-aktor baru yang mengambil alih peran penyelesaian konflik. Ulama di Aceh dapat menegaskan kembali perannya dalam penyelesaian konflik dengan memulihkan legitimasinya. Mereka harus meningkatkan kualitas dan formasi yang berbasis dayah, memperkuat persatuan, menghindari gesekan dan polarisasi, serta menjaga netralitas. Ulama juga harus meningkatkan keterlibatannya dalam penyelesaian konflik dan isu hak asasi manusia.

Grandstanding Instead of Deliberative Policy-Making: Transitional Justice, Publicness and Parliamentary Questions in the Croatian Parliament

ABSTRACT Addressing the legacy of human rights violations in public can benefit victims, post-conflict societies and democracy building. But publicness of transitional justice (TJ) processes can also have opposite effects. We assess the relationship between publicness and TJ by leveraging the democratic deliberation theory concerned with the impact of publicness on the quality of policy-making. A comparative analysis of oral and written questions about TJ in the Croatian parliament (2004–20) shows that members of parliament use oral questions for nationalist grandstanding and written questions for substantive TJ policy deliberation. We demonstrate how publicness afforded by parliaments stymies TJ’s normative goals.

Ethical and Legal Analysis of Artificial Intelligence Systems in Law Enforcement with a Study of Potential Human Rights Violations in Indonesia

This research examines the ethical and legal implications of deploying Artificial Intelligence (AI) systems in law enforcement, with a particular focus on potential human rights violations in Indonesia. Utilizing a normative analysis approach, the study evaluates existing ethical frameworks, legal principles, and human rights standards to assess the governance and implications of AI-driven policing. Key findings indicate significant ethical concerns, including bias, discrimination, lack of transparency, and privacy violations. The legal analysis reveals gaps in Indonesia’s regulatory framework, highlighting the need for specific legislation to address AI’s complexities. Human rights implications, such as threats to privacy, freedom of expression, and equality, are critically analyzed. Comparative case studies from other jurisdictions provide empirical insights and underscore the importance of robust ethical and legal frameworks. The research proposes several recommendations, including the establishment of clear ethical guidelines, strengthening legal frameworks, enhancing transparency and accountability, promoting public engagement, and conducting regular impact assessments to ensure responsible AI governance in law enforcement. This study aims to contribute to the development of ethical AI governance frameworks and inform policy recommendations for responsible AI deployment in law enforcement practices.

Addressing Corporate Human Rights Violations and Environmental Harm: Advancing a Holistic Remedial Framework through Tort Law and the EU Corporate Sustainability Due Diligence Directive (CSDDD)

Addressing Corporate Human Rights Violations and Environmental Harm: Advancing a Holistic Remedial Framework through Tort Law and the EU Corporate Sustainability Due Diligence Directive (CSDDD)

Human Rights Policies, Guidelines, and Standards in The Private Security Industry: A Scoping Review

The large numbers of private security personnel in the 21st century has increased the risk of human rights violations. This study explores what standards exist in the private security industry to promote and uphold human rights. Using a scoping review methodology, the findings show that broad collaborative voluntary efforts have been undertaken by the private security industry to address human rights issues. Those specific standards used by the industry also create a layered effort at regulation that extends beyond “hard law” government enforcement, and instead rely upon “soft law” approaches to raise awareness, and adherence, to human rights standards.

Ratifikasi Statuta International Criminal Court Dalam Penegakan Hak Asasi Manusia di Indonesia: Perlukah?

The prosecution of serious human rights violations in Indonesia is complemented by special courts. These courts are ad hoc and can try cases of past serious human rights violations. By ratifying the Rome Statute, Indonesia will become a state subject to the jurisdiction of the International Criminal Court. However, this feature of subordination is not absolute, but rather complementary. The aim of this research is to determine aspects of serious human rights violations in international law as well as the effectiveness of the implementation of international criminal law in the human rights justice system in Indonesia. The research method is normative law using secondary data with a conceptual approach. The research results show that serious human rights violations in international law can take into account the objectives of international criminal law regulations as well as Indonesian criminal law regulations. These are issues that affect the interests of security, order and peace of the international community and humanity in particular. The International Court of Justice has jurisdiction limited to the most serious crimes of concern to the international community as a whole. Under the Rome Statute, the Court has jurisdiction over serious human rights violations. However, Indonesia has not yet ratified the Rome Statute, due to differing views on how it should function and differing understandings of human rights violations.

Cirebon Regency’s National Commission for Child Protection’s role in handling sexual violence against children

Sexual violence against children is a violation of human rights that has a long-term traumatic impact. The phenomenon of increasing cases of sexual violence against children has become a global problem that requires serious attention. This increase continues to occur in various regions, including Cirebon Regency. The role of the Regional Indonesian Child Protection Committee (KPAID) of Cirebon Regency in handling this case is very important. This study analyzes the role of KPAID Cirebon in overcoming sexual violence against children, identifies the factors that cause an increase in child sexual violence, and examines the role of KPAID Cirebon Regency in dealing with child sexual violence cases, focusing on prevention, case handling, and challenges faced. This study uses a qualitative method with a case study approach. Data was collected through in-depth interviews with the Chairman of the Cirebon Regency KPAID, the victim's family, and other related parties. The results of the study show that KPAID Cirebon Regency plays an active role in receiving reports, providing legal and psychological assistance and advocating to protect the rights of victims. However, KPAID faces challenges that affect its effectiveness in carrying out its role, such as limited resources, lack of public awareness and weak coordination between institutions. And this phenomenon continues to increase supported by many external and internal factors such as environmental factors and the victim's own family factors.

Enhancing Legal Safeguards for Human Trafficking Victims in Indonesia

Human trafficking constitutes one of the most egregious forms of human rights violations, characterized by extensive criminal networks operating at both individual and group levels. This phenomenon is not new, and certain countries, including Indonesia, report high incidences of human trafficking-related crimes. The purpose of this research is to provide an evaluation and understanding of the legal protections available to victims of human trafficking in Indonesia. This study is classified as normative legal research, involving an examination of theories, concepts, legal principles, and relevant statutory provisions pertaining to the topic. Despite significant efforts by the Indonesian government to combat human trafficking, minimum standards for eradication have not been fully met. While there have been notable advancements compared to previous periods, especially in response to the challenges posed by the COVID-19 pandemic, substantial deficiencies remain. Indonesia's upgrade to Tier 2 reflects progress in the investigation, prosecution, and adjudication of human trafficking offenses, including cases of forced labor in palm oil plantations and cyber fraud operations abroad. Additionally, there have been efforts to enhance compensation for victims of human trafficking.