Inherent Rights Research Articles

Differentiating Indigenous Peoples from local communities under climate regimes in just energy transition: Implications for the Inuit and Sami Peoples

The distinction between Indigenous peoples and local communities under climate regimes was initially addressed under the UNFCCC and has recently garnered renewed attention owing to energy policy changes to cope with rapid climate change such as in Alaska. The Montana climate litigation demonstrates the possibility of harmonizing Indigenous peoples and local communities by clearly identifying the unique climate-related indigenous culture and avoiding unintentional confrontation, given the difficulty of making clear distinctions in modern society and garnering sympathy from the local community against litigations that solely seek indigenous rights, but Indigenous peoples themselves may not see the need for harmony. Indigenous and Community Conserved Areas (ICCAs) is one approach to achieve a 30 by 30 target under the CBD by designating Indigenous peoples’ original land but may not be beneficial to assert inherent rights or the best way to achieve harmony if they work with local communities. The local community of Finnish non-Sami reindeer herders will not receive protection under the ICCPR unlike Sami herders in Norway, if a case similar to Norway’s Fosen case occurs. As just energy transition alone does not automatically reflect the perspectives of Indigenous peoples, green colonialism could easily occur when their rights are not considered.

PROTECTION OF HUMAN RIGHTS AND ENSURING SOCIAL JUSTICE - A UNITED NATIONS PERSPECTIVE

Social justice is a concept that evolved through industrial revolution and with the advent of socialist views on the organization of the society. The concept has its roots in Anglo Saxon political culture which dominated in 10th century. It does not find place in the Bill of Human Rights which comprised the Universal Declaration of Human Rights which was adopted by the General Assembly in 1948 to ensure fundamental human rights for all and the two Covenants adopted in 1966. Whereas Human Rights are inherent rights that one has because one is human. The Preamble of the Universal Declaration of Human Rights states that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Human rights and social justice are not synonymous and are two different concepts but they are closely linked. The Universal Declaration of Human Rights includes economic, social and cultural rights such as the right to health, security in the event of unemployment, and education. In 1966, these rights were brought into the International Covenant on Economic, Social and Cultural Rights (ICESCR), part of the International Bill of Human Rights. With this The Vienna Declaration and Programme of Action affirm that Human rights education should include peace, democracy, development and social justice, as set forth in international and regional human rights instruments, in order to achieve common understanding and awareness with a view to strengthening universal commitment to human rights. Thus, social justice is based on the concept of human rights and equality and can be defined as the way in which the human rights are manifested in the lives of people at various levels of society. This paper analyses the concept of social justice & human rights from the UN perspective.

Constitutional Rights of Citizen Journalism in Indonesia: From Maqashid Sharia Perspective

The conception of a democratic rule of law in Indonesia has implications for the social and law order as a protection for the citizens. The protections guarantee the rights and responsibilities of every person regulated or protected by a democratic state. Either of the rights protected by the constitutions of Indonesia is guaranteed in obtaining and conveying information. As a profession, it is a part of journalistic activities, both professional and citizen journalism, as a constitutionally inherent right. The problem encountered is protection for citizen journalism, which is not regulated as protection for journalists in the legal system of the press. This research employed a qualitative model with a normative juridical approach to conceptualise the laws with facts and phenomena of journalistic activities. The analysis aims to assert that every person has a constitutional right to obtain and convey information like a professional journalist. A law is responsible for citizen journalism based on the law system of the press and code of ethics, which places citizen journalism products as a part of the news on press channels or press companies as the objects of the media that publish information. The concept of the principles of citizen journalism is related by maqashid shariah in Islam, which includes al-ahkam al-khamsah, namely religious protection (hifz al-din), protection of the soul (hifz al-nafs), protection of offspring (hifz al-nasl), protection of ideas/thoughts (hifz al-'aql), and protection of property (hifz al-mal).

On the Boundary between the Exercise of Rights and Property Crimes

In modern rule-of-law societies, the awareness of rights is intrinsic to individuals. Despite having legitimate purposes, the exercise of rights also has lawful boundaries. In the context of criminal law, discussing the exercise of rights pertains to cases of abuse of rights through property crimes, including statutory and inherent rights. Judicial practice often leans towards exoneration in such cases, but a trend towards criminalization has emerged in recent years, necessitating a scientifically unified solution from criminal law theory. To achieve effective exoneration, it is crucial to precisely define the scope and types of rights exercised, targeting the different characteristics of ownership realization and claim realization. By clarifying the protected legal interests of property crimes and exploring the relationship between criminal and civil law, the path of excluding unlawfulness should be adopted for exoneration, decriminalizing situations with a legitimate rights basis where the means are necessary and proportionate. In cases where both the constituent elements and unlawfulness are satisfied, the presence or absence of an intent to unlawfully possess should be examined through the manifestation of claim realization. When the actor has an intent to unlawfully possess, it should be recognized as a property crime.

THE RIGHTS OF STUNTED CHILDREN TO HEALTH SERVICES IN DONGGALA DISTRICT

Children are a gift from God Almighty, whose dignity needs to be protected and their rights guaranteed to grow and develop by their nature. Child health problems in terms of nutrition are one of the priorities of the United Nations. Stunting cases are cases of toddlers who have a length or height that is less than the WHO child growth standards. Article 6 paragraph (1) of the Convention on the Rights of the Child reads "States Parties subscribe to the inherent right of every child to life". The right to health is one of the rights inherent in children and adults. One of the Health Rights for children is the fulfillment of children's nutrition and nutrition, so as not to cause stunting of children. SSGI data from Donggala Regency includes districts that have high stunting cases, with a stunting rate in 2023 of 32.4%. This paper aims to find out and analyze the extent of the convention's implementation on the right of stunting children to health services, the factors that cause the high stunting rate in Donggala Regency, and efforts to provide health services for stunting children.

Subverting Anthropocentric Mythic Elements: Animal Representations in the Select Poems of Louise Glück and Mary Oliver

The representation of animals in literature has long been dominated by anthropocentric perspectives that prioritize human experiences and values. Animals were relegated to metaphors and narrative accessories, neglecting their inherent rights and treating them primarily as reflections of human qualities. This paper examines the works of contemporary American poets Louise Glück and Mary Oliver, focusing on how their selected poems reconsider conventional anthropocentric patterns of animal representations in poetry. The analysis centers on the poets’ strategies to blur rigid boundaries between the human-animal divide by challenging conventional depictions where animals are frequently assigned peripheral roles. The study explores how these poems cultivate powerful connections with the natural world, fostering a sense of communion and interconnectedness with nature. Additionally, the research highlights the deliberate efforts by the poets to reconfigure hierarchies, challenge value dualisms, and question anthropocentric narratives that sanction oppression. Lastly, the paper contributes to the broader discourse on ecocritical thought, enriching discussions on literature and environmental activism.

Legal Protection of Architectural Works as Copyright: An Epistemological and Islamic Law Perspective

The research examined the problem of the legal protection of architectural works as copyright. It described the concept of the legal protection of architectural works based on the point of view of the philosophy of science and Islamic law. This research aimed to solve problems related to the infringement of architectural works as copyright through concepts in the philosophy of science and Islamic law. The research method used a philosophical approach and theoretical approach. The results showed that the legal protection of architectural works as copyrighted works from the epistemological point of view was based on the boundaries of science as obtained through experience. Then, it tested empirically to produce science with an objective, rational nature and methods carried out using science from acceptable and reliable researchers so that the results of architectural works by applying elements of culture, science and technology have the quality of works that are not in doubt of their authenticity. In Islamic law, the legal protection of architectural works leads to moral rights owned by the creator because of the principle of maslahah or public interest, which has the same concept as the Utilitarian theory proposed by Jeremy Bentham. Legal protection of architectural works as copyright refers to an epistemological point of view. Islamic law is based on moral rights as one of the inherent rights owned by the creator as the originality of the work that must be protected. In contrast, economic rights are considered an added value of the moral rights owned by the creator.

Education Increasing Knowledge and Inherent Rights of Cauder and Women of Childbearing Age in the Treatment of Cancer

Introduction: Cervical cancer is one of the biggest health problems in Indonesia and is the second highest cause of death after cardiovascular disease. The high number of cervical cancer sufferers is partly caused by a lack of awareness in efforts to prevent and control cervical cancer. One way to prevent it is by providing health literacy outreach about cervical cancer to the public in the form of health education. Mortality rates and high health costs can be reduced with effective early detection, one of which is by carrying out an IVA test. To reduce the risk of women getting cervical cancer, an awareness movement is needed about the dangers of cervical cancer. Method: The community empowerment program was carried out in the Antapani sub-district area of Bandung City by providing education about cervical cancer to 10 cadres and 10 women of childbearing age Objective: Increase knowledge about cervical cancer and independent participation of cadres and women of childbearing age to carry out IVA test. Results: The results of community service show an increase in the average knowledge score of 2.8 points for WUS and an increase of 3.8 points for Mitra Cadre. There is a significant difference in the pretest and posttest knowledge scores for both the women of childbearing age group and the cadre group with a p value <0.05. There has been an increase in independent participation in IVA Test examinations from 1 person to 20 people. Conclusion: Health education using booklets as an alternative can be used as an alternative to increase knowledge about cervical cancer Keywords: Knowledge, independent participation, cervical cancer prevention

Repowerment beyond empowerment: collaborative accountability of citizens, corporations and civil servants

PurposeThis article conceptualizes and constructs a comprehensive framework that can better help to answer that question – Who is accountable for social and public problems? – theoretically and practically.Design/methodology/approachTracing the drivers behind two phenomena “accountability hole” and “accountability black hole”, stemming from “pushing power game” and “pulling power game”, respectively, this study considers (1) the three actors of society: citizens (civil society), corporations (market) and civil servants (government), and (2) the principal-agent relationship between the three actors in the face of social and public problems. As a result, the 4CAs framework that contains the three actors’ collaborative accountabilities to one another is presented.FindingsThe 4CAs model emphasizes (1) all three actors function as agents that are accountable to one another, (2) collaborative accountability beyond collaborative governance and (3) repowering citizens and corporations beyond just empowering them, i.e. returning their inherent rights and obligations to serve one another.Originality/valueThe 4CAs model may function as a descriptive and prescriptive lens through which the trilemma between market failure, government failure and citizen failure can be re-assessed and balanced. The model can also be used as a set of indicators for assessing and helping a society to better resolve the social and public problems collectively.

Cancel Culture: Islamic Law and Public Policy Challenges in the Digital Age

This paper talks about cancel culture and Islamic law and public policy challenges in the digital age. This research uses qualitative methods and legal document studies by collecting and analyzing relevant documents, such as legal regulations, public policies, or legal statements related to cancel culture. The theory used is the legal system of Lawrence Meir Friedman. The legal system talks about aspects of legal structure, legal substance, and legal culture. The results of this study revealed that cancel culture describes a social practice in which individuals are punished masse by netizens through virtual media for words and actions that are considered controversial. Here are some public figures from Indonesia who have experienced cancel culture such as Ahmad Dhani, Luna Maya, Gisel Anastasya, Rizki Billar, Tuan Guru Mizan Qudsiyah, and Panji Gumilang. By Islamic law, cancel culture causes reputational damage and violates constitutional rights so that it can sue those responsible for reputation restoration and losses suffered. As Islamic law and policy challenge, cancel culture requires affirmative policy by looking at the pressure of netizens and its viral power in building collaboration between governments, social media platforms, civil society, and individuals to protect differences and free speech. Purpose: This paper talks about cancel culture: Islamic law and public policy challenges in the digital age. As a policy challenge, cancel culture requires affirmative policy by looking at the pressure of netizens and its viral power in building collaboration between governments, social media platforms, civil society, and individuals to protect differences and free speech. Methods: This research uses qualitative methods and legal document studies by collecting and analyzing relevant documents, such as legal regulations, public policies, or legal statements related to cancel culture. Results and Conclusion: The results of this study revealed that cancel culture describes a social practice in which individuals are punished masse by netizens through virtual media for words and actions that are considered controversial. Research implications: The implications of this research are as follows: implications to the understanding of Islamic law and public policy challenges, factors influencing the emergence of cancel culture, legal implications, and their impact on society, and all of these are analyzed from a legal and social perspective. Islamic law and policy development: this research can provide insight for policymaking, law enforcement, and decision-making in formulating relevant policies and regulations related to cancel culture. Originality/value: The Indonesian government must be encouraged to create regulations through Islamic law and social analysis, this research can help identify how culture can affect individual rights, including freedom of speech, privacy rights, and reputation. With a deeper understanding of the interaction between culture and individual rights, appropriate protective measures can be taken to prevent abuse and protect the inherent rights of individuals.

Rights of Nature in Wetlands – Transformative Change for Securing the Future of Wetlands Through Effective Restoration

Indigenous Peoples, local communities and non-profit organizations have been leading a growing global “Rights of Nature” movement that reconsiders the human-Nature relationship and returns to a recognition of Nature’s living beingness and inherent rights (Kaufman and Martin 2021; https://celdf.org/rights-of-nature/ accessed 21 October 2023). These perspectives have been shared by many cultures and societies throughout history and continue to be the foundation beliefs of many communities. This alternative attitude moves the human-Nature relationship from one of exploitation, depletion, degradation and loss to one based on relational values such as reciprocity, gratitude, and respect. For the populations of modern nation states, this perspective constitutes a paradigm shift that may lead to greater success in achieving conservation goals and support for restoration, regeneration, and re-wilding initiatives that might implement the recently agreed Global Biodiversity Framework (https://www.cbd.int/gbf/ accessed 20 October 2023).

Problemática del acceso a los medicamentos: disponibilidad y la producción local en América latina

Inequality in access to medicines is perceived as a symptom of the weaknesses of the health system and implies a failure on the part of governments to fulfill their obligations to their citizens in terms of their right to health protection. Integrating the perspective of health as an inherent right of the population and, at the same time, the perspective of health as a strategic space for the development of the productive and technological base, value creation, generation of investment, income, employment, knowledge and innovation, are key to improving access. The objective of this paper is to present the problem of access to medicines from the perspective of their availability and to describe the situation of the Latin American market. The Latin American scenario is complex: countries with different economic realities, failed integration projects, public health spending below 6%, low investment in research and development, preference for imports, non-convergent legislation and tendencies towards nationalism in high-income countries for the return of production to the country of origin. Despite the limitations described above, there are productive capacities in the region that need to be strengthened. Brazil, Argentina, Mexico, Colombia and Chile are the countries called upon to lead regional production through diversification. At this time, the solution is for the region to put regional projects before individual interests in order to achieve sanitary self-sufficiency. Keywords: Access; production; availability; integration; legislation; regulatory agency; Latin America

Risks in the current groundwater regulation approach in the Beetaloo region, Northern Territory, Australia

ABSTRACT Plans are underway to greatly increase rates of groundwater extraction from the Northern Territory’s Cambrian Limestone Aquifer (CLA), particularly above the Beetaloo sub-basin, to allow expansion of shale gas and agricultural industries. We analyse current groundwater regulations in the NT, and the state of knowledge regarding key aspects of the region’s hydrogeology and values sustained by groundwater. We find that the current rules governing the administration of groundwater licencing in areas without a Water Allocation Plan (WAP) – the Top End and Arid Zone rules – are poorly suited to protect ecological, Indigenous socio-cultural and other water use values. These rules (as currently applied) allow the depletion of substantial groundwater storage in areas that fall within the ‘arid zone’ (as defined in NT policy). Such depletion risks the reduction or loss of groundwater flows to ecosystems and stygofauna habitat and reduced throughflow of groundwater between different regions, within the highly connected CLA system. This may disrupt water flows that sustain local livelihoods and those that are integral to Indigenous peoples’ beliefs and cultural practices. The new WAP that applies over much of the Beetaloo sub-basin (Georgina-Wiso WAP) is also deficient in key areas. It has failed to comply with national water policy, in that no substantive steps have been taken to understand Indigenous cultural and ecological values sustained by groundwater prior to setting an Estimated Sustainable Yield. A more precautionary, inclusive approach to determining groundwater regulations would involve a) setting of conservative water extraction limits combined with trigger levels for ecosystem protection and b) co-management in partnership with Aboriginal peoples, with both consultation and decision-making processes that recognise their inherent rights and interests in water. This will be critical to avoiding long-term environmental and socio-cultural harm from over-extraction of groundwater.

A never-ending tug-of-war: The inherent right of self-defense against non-state actors

Within the scope of jus ad bellum, the right of self-defense attracts the greatest legal controversies. The long doctrinal debate surrounding it reveals the difficulty in determining its scope and precise limits during a unilateral military reaction against terrorist organizations. Here, we integrate this debate, arguing that this right is no longer only capable of being invoked in the event of an armed attack already perpetrated by a State, but it also does not have enough elasticity – without distorting it – to accommodate self-defense against terrorism. The cases of Afghanistan and Syria, on the one hand, reflect this controversy. On the other hand, they demonstrate the need for jus ad bellum to quickly adapt to reality. Therefore, we propose an intermediate position – the Unwilling and Unable doctrine, which allows the implemented system not to be distorted if it is properly defined, and if it is no longer indiscriminately invoked by States.

Reflecting on 100 years of children's rights.

2024 is the 100th Anniversary of the Geneva Declaration of the Rights of the Child. Endorsed by the League of Nations in 1924 following World War I, the Geneva Declaration is the first international legal instrument recognizing the inherent rights of children worldwide-indeed, it is the first human rights document ever recognized by an intergovernmental organization, thus giving rise to the international human rights era that transformed policy, law, and ethics in the 20th century. As we approach the 100th anniversary of the Geneva Declaration, we have the opportunity to reflect on the progress we have made in the first century of intentional work recognizing and advancing the human rights of children internationally. This commentary looks at the international children's rights legal framework that was developed by the global community from 1924 to the present. It then highlights advancements and shortcomings in key thematic areas, such as child health and well-being, poverty, child labor, and education. It closes by focusing on the path and priorities before us as we enter our second century of advancing international children's rights. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Unveiling the Child Marriage Practices Among the Nyishi Tribe in Arunachal Pradesh: Tradition, Implication, and the Way Forward

The practice of child marriage in the Nyishi tribe of Arunachal Pradesh is a multifaceted issue that requires a nuanced understanding of the tribe’s cultural norm. It is fervently following the tradition of child marriage, even in modern time, which in turned presents an unimagined challenge especially to the girl child in the society. The continuity of this practice is backed by the Customary Laws in asserting their inherent rights, considering that it allows to balance cultural preservation with the advancement of individual rights and societal progress. Child marriage among the Nyishi involves the union of individuals below the legally recognized age of marriage, under the Indian constitution, which is 18 years for women and 21 years for men. It is a reflection of deep-rooted cultural values and their historical approach to community building and kinship networks. However, it also raises critical questions about the practice of child marriage, and its impact on the physical and psychological well-being of the individuals involved. Thus, the paper attempts to understand the broad issues such as traditional practice, implications, and the way forward to resolves this problem. In this regard, an empirical method is applied and interviews are conducted to those who have suffered and are traumatized by this practices.

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.

미성년 자녀의 불법행위에 대한 비양육친의 감독의무

When one of the parents is designated as the person with parental authority and caregiver, it is a question of whether the parent who does not have the duty to supervise the minor children can be recognized as a supervisor for torts of the minor children. Recently, the Supreme Court determined that non-custodial parents are not obligated to supervise torts of minor children unless there are special circumstances. The ruling set the first precedent on the issue of non-custodial parental supervision of minor children. However, the judgment of the lower court ruled that non-custodial parents are obligated to supervise minor children in principle, suggesting the opposite conclusion of the target judgment. There may be sufficient reasons for the differences in opinions between the first and second judgments and the Supreme Court judgments on the same facts. Even with the same facts, the interpretation may vary depending on how to interpret and link the legal principles of responsibility for supervisors under the tort law and the legal principles related to rights and obligations between parents and children under the kinship law. In this paper, we reviewed whether non-custodial parents can also recognize the supervisory duty in relation to the responsibility of supervisors for torts committed by minor children based on the tort law and the kinship law. And based on this review, we considered what interpretation theory would be a harmonious and more reasonable interpretation under civil law to present issues such as the subject judgment. The authors' views in this study are as follows - ① Non-custodial parents are also responsible for torts of the minor children, as non-custodial parents are also responsible for supervisory duties on minor children. ② However, if special circumstances are recognized, such as when a father or mother abandons a child who is an infant or loses contact after adopting him or her at home and abroad, or when decades have passed without interview negotiations or child support payments, non-custodial parents can be exempted from supervisory responsibility if they prove these special circumstances. This interpretation can be expected to increase the protection of victims due to torts and to remind underage children of their responsibilities and obligations as parents of normal growth and character formation. It is frequently reported in the media that civil and criminal problems related to minor children are occurring. Few would deny that there are inherent rights and obligations between parents and children. Based on these rights and obligations, it is believed that parents should bear some kind of infinite responsibility for their underage children to help them grow properly. Therefore, it is thought that this aspect will be fully considered in the interpretation of the law will be effective in preventing and solving social problems and reducing social costs.

INHERENT RIGHT OF SELF-DEFENCE IN RUSSIA – UKRAINE CONFLICT

The Inherent right of self-defense under Article 51 of the United Nations Charter has been invoked by the Russian side as part of the basis for its "special military operation" to be conducted in Ukraine from February 24, 2022. However, the theoretical application of the right to just self-defense remains a matter of controversy, especially in the way it is described and interpreted as a means of legitimizing the use of force. The following study will examine the correctness of Russia's claim on the right of self-defense to make comments and assessments about the event while giving some recommendations to the stakeholders. Foreigners will contact and draw experience from Vietnam to avoid similar problems.

간호대학생의 생명의료윤리 원칙 인식에 대한 분석

Objectives This study was attempted to identify and systematically understand how nursing students perceive the principles of biomedical ethics.
 Methods Through an open questionnaire, first-year nursing students who took a biomedical ethics lecture for one semester were asked to choose the most important principle among the four principles of biomedical ethics and write the rationale for it. A total of 99 subjects were analyzed using the content analysis method.
 Results Among the four biomedical ethics principles, the importance distribution was shown in the order of prin-ciple of respect for autonomy(45.5%), principle of nonmaleficence(29.3%), principle of beneficence(20.2%), and principle of justice(5.0%), and 14 themes and 42 statements supporting the basis were revealed. There were a total of 15 statements on the principle of respect for autonomy, and 4 themes were included: inherent rights, right to choose, right to know, and right to be respected(45.5%). There were a total of 15 statements on the principle of nonmaleficence, including 4 themes: avoiding harm, minimizing suffering, basic duties, and licensing as a nurse(29.3%). There were a total of 9 statements on the principle of beneficence, and 4 themes were included: the role of medical personnel, use of professional knowledge, active help, and human well-being(20.2%). There were a total of 3 statements on the principle of justice, including 2 themes: establishment of standards and fair-ness(5.0%).
 Conclusions It was confirmed that the students showed an active attitude to solidify their moral values and to cul-tivate a sense of ethics. In the undergraduate curriculum, not teacher-centered lectures, but learner-centered bi-oethics education that reflects students' understanding and feedback should be provided.