Legal Protection Of Human Rights Research Articles

The history of the development of the institute of judicial administrative and legal protection of human rights

The article examines the history of the development of the Institute of Judicial Administrative Legal Protection of Human Rights. The socio-economic, political-legal, ideological relations that formed in Ukraine in the period from the beginning of the 18th to the middle of the 20th century were chosen as the object of the study. In addition, which had a decisive influence on the development of ideas about judicial protection of human rights. The subject of the research is political and legal views on judicial protection of human rights. The methodological basis is the principles of historicism, scientificity and objectivity. Problem and comparative research methods were most intensively used. Development of the topic and interpretation of the studied material were carried out taking into account the peculiarities of the analyzed period. When solving the assigned tasks, he followed a complex approach to the analysis of legal phenomena. The chronological boundaries of the study are determined by what was formed at the end of the 18th to the middle of the 20th century. the political and legal opinion in Ukraine regarding the protection of human rights, within the framework of administrative proceedings in particular, has undergone a significant evolution. The political and legal opinion on the implementation of the protection of human rights against the arbitrariness of state authorities formed the basis of the reform of the judicial system, and in the process of this transformation, a new link appeared in the judicial system - the administrative court. It is indicated that the theoretical, practical and didactic significance of the problem is due to fundamental changes in the life of Ukrainian society in the context of integration into the European Union, in which the highest value is recognized as a person, with his status, rights and obligations. It is noted that the construction of a harmonious system of human rights and responsibilities, and, most importantly, the establishment of a mechanism for their real implementation are directly dependent on a comprehensive study of the patterns of formation, formation and functioning of rights and responsibilities, starting from the moment of their inception and up to the present time, which will allow to identify the peculiarities of their further development, to determine the place of rights and obligations in the system of legal values, as well as to identify the prerequisites of existing problems in their implementation and to propose ways to overcome them.

Religious Diversity, Minorities and Human Rights: Gaps and Overlaps in Legal Protection

The legal protection of religious diversity is strewn with difficulties and uncertainties. The re-emergence of religiously motivated demands points to the need to better define the relationship between the legal protection of human rights and religious diversity. The current applicable laws and regulations come from different historical or national contexts, which presents a confusing landscape that calls for a better definition of the protection afforded by the different rights at stake. This article uses a general normative analysis to propose extending the scope of religious minorities to any religious affiliation that does not represent the majority of the population of a given state. This involves shifting from a paradigm of specific protection for certain minorities to one in which all minorities are protected through the universally recognized rights of freedom of religion and nondiscrimination.

Gender Equality in Law Number 4 of 2019 Concerning Midwifery as a Fulfillment of Citizens' Constitutional Rights

Legal protection of human rights (HAM) is sought to avoid discriminatory acts, especially the midwifery sector as the fulfillment of basic rights inherent and protected by the constitution as stipulated in article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia which states that every citizen has the right to work and a decent living for humanity. Thus violating the right to obtain work between men and women is a violation of human rights. However, Law Number 4 of 2019 Concerning Midwifery contains elements of discrimination in the midwifery profession, where men cannot become midwives, only limited to becoming obstetricians. Meanwhile, women have the freedom to choose to become midwives or obstetricians. The discrimination contained in the Midwifery Law needs to be analyzed from the perspective of the 1945 Constitution, as well as comparing regulations with the Netherlands to be able to describe the problem in depth. This research uses a normative-empirical legal method, which is a research method that will be studied combining 2 elements, namely normative legal elements and empirical legal elements. Normative law is based on literature data such as books in legal science literature, doctrines or expert opinions, scientific papers, articles, and journals, legislation and internet pages related to the problems in this study with author that can be accounted for. Empirical law is carried out based on field data as the main data source, which is generated through interviews with several informants related to the problems in this study. The results show that the formation of Law Number 4 of 2019 concerning Midwifery is considered contrary to some of the contents of the articles contained in the 1945 Constitution of the Republic of Indonesia, and the development of midwifery regulations in Indonesia needs to follow the example of the Netherlands by continuing to make men able to work as midwives, provided that the patient's consent is obtained.

General principles of international legal protection of human rights

General principles of international legal protection of human rights

Protection of specific groups of persons at the un level and within the regional human rights protection systems

The issue of human rights protection has become one of the leading topics of scientific discussions. In jurisprudence, guarantees of inalienable rights and tools for their protection have been widely covered. At the same time, there is a need for a more in-depth analysis of certain problematic issues, one of which may be the problem of international legal protection of certain groups of persons. This study is based on the main acts of international law in the field of human rights. At the same time, attention should be paid to the lack of scientific analysis of systems of international legal protection of the rights of special groups of persons at the regional and global level.The purpose of this publication was to carry out a comprehensive analysis of the system of international legal protection of human rights of certain groups of people at the global (UN system) and regional level.Today’s crisis phenomena focus the attention of scientists on the need for further improvement of both the regional and global system of human rights protection. The role of international organizations and civil society in solving global problems of maintaining international peace and security, environmental protection, human rights and democracy in the implementation of the sustainable development program has significantly increased. In the light of the new requirements, the legal base and codification of the norms of international law have significantly expanded. All these factors determined a more detailed coverage of the content of the branches of international law, the interaction of their norms with the norms of domestic law, implementation in the practice of states and international organizations.International legal documents in the field of protection of certain groups at the UN and regional level will be constantly reviewed and improved. The advantage of regional norms and systems for the protection of human rights is that they are created taking into account geographical, historical, political, cultural and social characteristics.

Legal Protection of Human Rights for Feties (Children) Outside of Legal Marriage According to Indonesian Legal Regulations

The Purpose of this research is addressed specifically how legal protection of human rights for fetuses (children) outside of legal marriage according to statutory provisions in Indonesia. This research is normative law research, also referred to as doctrinal law research. In this type of legal research, the concept of law is frequently thought of as what is written in laws and regulations (law in books) or as a rule or norm which is a standard for acceptable human behavior. The current statutory provisions do not fully guarantee a child's (foetus') right to life outside of a legal marriage, so the foetus may not be able to live as it should. This is due to a variety of factors from the child's prospective mother. The state, in this case the government, should develop a new paradigm that ensures the survival of children regardless of their legal marital status.

The Impact of Climate Change on the Protection of Human Rights in Developing Countries

The paper is aimed to examine the impacts of climate change on the legal protection of human rights in developing countries. Climate change has already variedly affected human rights, such as the right to live, the right to food, the right to water, the right to health, the right to enjoy a healthy environment and the right to self-determination. The various kinds of human rights are disturbed by the impacts of climate change. Climate change affects all aspects of human life, including social, economic, and cultural rights. Developing countries are more vulnerable and suffering if compared to developed countries due to the impacts of climate change. The research aims to comprehensively examine the protection of human rights in developing countries due to the effects of global warming, examine the obstacles, and find solutions to the protection of human rights. The research is normative juridical research by employing conceptual and statutory approaches. The result of the study indicates that: first, climate change affects the protection of all human rights; second, the protection of human rights in developing countries due to the impacts of climate change needs the assistance of developed countries; third, there are some solutions to address the protection of human rights in developing countries.
 Keywords: Climate Change, Developing Countries, Impacts, Human Rights, Protection

PERLINDUNGAN HUKUM TERHADAP PEMBELA HAK ASASI MANUSIA PERSPEKTIF TEORI ALASAN PENGHAPUS PIDANA

Legal protection of human rights defenders in Indonesia is at an alarming point. This sociolegal study focused on the objective conditions of legal protection for human rights defenders and the legal protection for human rights defenders from a theoretical perspective on the reasons for erasers punishment. The results are human rights defenders still experience arrests, shootings, clashes and torture. There are also several criminal law policies that have the potential to violate the rights and guarantees of legal protection for human rights defenders. Second, "the theory of lesser evils" can be used as a basis for providing legal protection to human rights defenders. As long as the actions of human rights defenders are to implement Article 67 of Law No. 32 of 2009, for example, human rights defenders can be seen as "implementing the laws and regulations" and protected by Article 66 of Law No. 32 of 2009, so that Article 50 of the Criminal Code can be applied as an excuse to eradicate crimes. In the future, guidelines for the criminalization of human rights defenders when dealing with criminal case settlement processes are also needed.

Legal Protection of Human Rights Against Victims of Trafficking in Persons

Human trafficking, according to Article 1 (1) of Law Number 21 of 2007 concerning Eradication of Crime Against Persons, is trafficking in persons as an act of obtaining, transferring, hiding, sending, transferring, or receiving someone with threats of violence, use . by force, kidnapping, imprisonment, forgery, fraud, abuse of power or weakness, bondage or for exploitation or creating people. All forms of trafficking in women and children are violations of human rights, children's rights and labour rights, which treat victims as usual goods bought, sold, shipped and resolved. Its constant complexity is simply the operating conditions it places on people. The protections offered to victims of human trafficking are restitution, compensation, rehabilitation and reintegration. Protection of victims is, in principle, intended to overcome the consequences felt by the victim due to the crime committed against the person concerned. The human right of trafficking in persons must b at the core of all efforts to prevent and combat trafficking in persons and to protect, assist and compensate

Governing in Troubled Times: Exploring Australia’s Commitment to Human Rights Through Statements of Compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth)

The Australian government has emphasised social cohesion in addressing contemporary challenges. Arguing the legal protection of human rights could support social cohesion, this article examines the most recent federal human rights initiative – the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth). While the Act’s effectiveness has recently been assessed, assessments relied on analysis of Statements of Compatibility produced before 2016. The article addresses this gap. Analysing 46 statements from the final six months of 2019 against criteria derived from the scrutiny regime, it argues statement quality was generally poor, supporting existing conclusions the Act is relatively ineffective. It argues reform is required, suggesting a National Human Rights Act should be re-examined. This could both protect human rights in Australia and support social cohesion in a challenging global environment.

ОСНОВНІ СКЛАДОВІ ЕЛЕМЕНТИ АДМІНІСТРАТИВНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ ПРАВ І СВОБОД ЛЮДИНИ

The article defines the main constituent elements of the administrative and legal provision of human and citizen rights and freedoms. The content of administrative and legal support is clarified, in particular, it is proposed to understand how the activity of state authorities is determined and regulated by legislation, in order to ensure the optimal mechanism for organizing, consolidating, implementing, protecting and protecting social relations with respect to human rights and freedoms. An analysis of concepts similar in content in different variable combinations was carried out. It is noted that under "collateral" should be understood the conditions of guarantee. Legal support is the activity of the state regulated, established and aimed at realizing the rights, freedoms and legitimate interests of its citizens. It is emphasized that the mechanism of administrative and legal protection of human rights and freedoms is a single integral system of legal means, with the help of which legal regulation of social relations is carried out. The author traditionally proposes to include the norms of administrative law among the elements of the mechanism of administrative and legal support; legal fact; acts of direct implementation of the right; acts of application of the law, which establish and implement the provisions of administrative and legal norms. It is said that administrative and legal norms are the primary structural elements of administrative regulation of social relations in the sphere of ensuring the rights and freedoms of a person and a citizen. It is emphasized that they occupy the central link, since their absence leads to inactivity of the entire system of functioning of administrative law. In conclusion, it is outlined that the mechanism of administrative and legal protection of human rights and freedoms has its own specifics, in particular: the structure of the mechanism, which includes two interconnected subsystems; the mechanism acts as a means of implementing state power in relation to the management of public relations as a whole; the mechanism of administrative and legal support is characterized by its own, specific content.

Legislating for human security: Could South Australia lead the way again?

Conventional approaches to legislating to protect individual rights in Australia have utilised the language and discourse of international human rights law, attracting both support and criticism from key political actors and commentators. In South Australia, where no human rights legislation exists, past efforts to generate sustained public and political support for the enactment of international human rights principles into legislation have been unsuccessful. This is despite ongoing instances of human rights breaches occurring within the South Australian community. The reasons are varied and warrant careful consideration in order to identify and evaluate future options for improving the legal protection of human rights. One potential option is to reframe the discourse associated with human rights legislation. This could involve moving away from a legalistic approach that draws from international human rights law concepts and instead embrace the language of human security to refocus public and political attention on the need to secure dignity, equality and safety for the community. This article explores whether the language of human security, and the strategies identified by the United Nations Development Programme towards achieving human security, could create new opportunities for legislative reform in South Australia. It also considers the potential shortcomings of this approach, having regard to successful attempts to enact human rights legislation in other Australian states and territories.

Mechanisms of the Legal Protection of Human Rights in Global Regulation

This article addressed the issue of violations and infringements by presenting a legal study of the most important human rights protection mechanisms at the level of global regulation. The scientific necessity necessitated the study of the role of international bodies in the field of human rights, through the international mechanisms for monitoring human rights and the oversight and protection system in them. The article examined that international law has provided humanity with a number of mechanisms whose application leads to the creation of a virtuous society in which all human beings enjoy peace and security and enjoy all rights on an equal footing. International law has adopted a set of mechanisms that include a set of provisions that criminalize every act that would harm a person, whether this act occurred on his body, honor, or religion. International law has also created a number of consensual mechanisms that undertake the task of supervising and monitoring the extent to which individuals and states respect and apply those provisions. To achieve the objectives of the article, doctrinal legal research methodology using a qualitative approach was adopted. This article referred to a number of international treaties, charters, and declarations related to human rights or international law, in addition to many studies that dealt with human rights in international law. The article recommended that every country in the world shall stipulate that its constitution or basic law include explicit provisions that guarantee the protection of human rights and provide the necessary guarantees for their implementation.

Concept and system administrative and legal protection child rights in Ukraine

The article examines the system of administrative and legal protection of children's rights in Ukraine and its constituent elements. The structure of the mechanism of the system of administrative and legal protection of children's rights in Ukraine and its role in ensuring the rights, freedoms and legitimate interests of the child are characterized. As a result of the study, an approach to understanding the content and essence of the system of administrative and legal protection of the child's rights and its categorical apparatus was formed. Ensuring human rights and freedoms is one of the most urgent problems for legal science and state activity. An important place among its components is the protection of children's rights, the specifics of which are determined both by the characteristics of the age, physical and mental state of children, and by the sphere of activity of state authorities regarding the protection, protection and guarantee of their rights and freedoms. Turning to the administrative and legal protection of the rights of the child, it is worth noting that during its implementation, state authorities are necessarily involved and their managerial influence is applied to ensure the legal status of the child in society and the state. That is, how state authorities ensure the rights, freedoms and legitimate interests of the child, as well as contribute to their development. It is emphasized that the administrative and legal protection of human rights, in particular of the child, corresponds to the main content of state administration, i.e. the regulation of social relations in certain spheres of public life through the use of measures of administrative influence. Means of administrative-legal protection of the rights of the child are the key structural-instrumental legal links that ensure the administrative-legal status of the child and its protection in case of violation. They are characterized by imperativeness, publicity, systematicity and the prospect of legal consequences as a result of application, which is extremely important for the administrative and legal protection of children's rights in Ukraine. The protection of the rights of the child is carried out by combining the efforts of a number of legal categories of normative and institutional content, namely, a set of legal norms and specific mechanisms that, within the framework of these norms, ensure the protection of the rights of the child.

Legal Protection of Human Rights of Elderly Persons

Old age is a process which occurs naturally in the human life cycle. It is the decline in the capacity of the performance of the organs of human body. However, they comprise a reservoir of human resource, gifted with knowledge, deep insights and various experiences in many walks of life. They are the senior participants of the family system who aware of better the faith, family history, values and related customary practices. They own better information of the family values and society. The population of the aged has been increasing over the years. With the growing exposure of human towards industrialization in 20th century, the consequential rush towards consumerism has deeply ruptured the intactness of social fabric. Therefore, the elderly persons in the society are made subject to various discriminations, torture and negligence.

Legal procedure in roman law and its reflection in modern civil procedure

Tremendous efforts of legislators are directed towards the development of an ideal judicial system and procedure of administering justice. However, current trends of judiciary reformation are easier to comprehend and accept if we turn to the origins of legal protection of human rights which, undoubtedly, go back to the Roman law. Methodology: From this point we use comparing methods for analizing the legislative provisions; the structural method and historical method was used for the background of Legal procedure in roman law. Results and conclusions: In this article we will outline the main stages of formation of legal protection of human rights in Roman law and characterize types of these processes – namely legis actiones, formulary procedure and cognitio. By analyzing the original sources that have survived to our times, namely the Law of Twelve Tables, Gaius`s Institutions and Justinian`s Digestes, we will examine what peculiarities of consideration and resolution of cases each of these stages demonstrated; how the traditional views on the behavior of the parties and the court in the process were established; which main requirements were applied to justice in civil matters in Roman law. The course of the work the following methods were used: essential, comparative, general historical.

Human Rights Legal Support in the Civil Code of the People’s Republic of China in the Context of the Development of New Technologies

The 21st century has seen the development of biotechnologies and artificial intelligence technologies leading to illegal testing of a gene and the introduction of a person’s voice, image, body movements into appropriate electronic procedures, followed by the imitation of a similar human voice, body movements, etc., which can cause a violation of personal rights. Since the establishment of the PRC, four codifications of civil legislation have been carried out: 1954, 1962, 1979 and 2001. However, none of them was implemented for various reasons. In May 28, 2020 for the first time, China has adopted the Civil Code of the People’s Republic of China entering into force on January 1, 2021. The Civil Code of the People’s Republic of China has become the basic law of the market economy in China. It consists of seven parts: "General Part", "Property law", "Contracts", "Personal rights", "Marriage and Family", "Inheritance", "Tort liability" and "Additional provisions". The paper analyzes the features of civil protection of human rights in the new Civil Code of the People’s Republic of China in the era of the development of biotechnology and artificial intelligence. The author examines the provisions on the legal protection of human rights in the illegal occupation of medical and research activities related to human genes, human embryos, and reveals ways to protect the rights to image, voice, privacy and personal information in civil law in violation of personal rights using artificial intelligence technology in China. The author also explains the regime of a preliminary injunction in civil law and ways to find a balance of different personal rights and interests in the Civil Code of the People’s Republic of China.

Consumer Protection Juridical Review of Expired Food Products

The purpose of this study was to determine the juridical review of consumer protection against expired food products. The research method used in this study is a qualitative method with a normative juridical approach. The focus of this research is the Study of Consumer Protection Law on Expired Food Products. The method of data collection in this study used the literature study method. The type of data used is secondary data. The formulated legal problems will be answered through legal research using relevant legal theories to explain the legal protection of human rights against economic, social, and cultural rights. After classifying legal materials, both primary and secondary legal materials are analyzed and then described systematically. Based on the analysis results, it can be concluded that Indonesia already has many regulations in the field of food and consumer protection. However, in the area of ​​application of the law, it is still weak because there are still many violations committed by producers, distributors, and product sellers who have not heeded the Human Rights owned by consumers as part of the implementation of the task of supervising the implementation of consumer protection as mandated in Law No. 8 of 1999 concerning Consumer Protection, and Law no. 18 of 2012 concerning food.

“KEKHUSUSAN” OTONOMI KHUSUS PAPUA

         The special autonomy policy, in additions to being associated with the aim of realizing the walfare of the community, is also to encouraged to promote a wider democratization and public service process, and also to strengthen the capacity and regional responsibility and resolving local problems with all the potential and creativity of region, which is also linked with the aim to maintain and strengthen the unitary  State of the Republic of Indonesia.
          The meaning of “specificity” in the Papua Autonomy Act, contained 3 (three) main policies that constitute the spirit/soul of the Law, first : alignment to indigenous Papuans, creating/giving opportunities for self-development and placing them parallel/equal to other citizens in the frame of the unitary State of the Republic of Indonesia and the citizens of the word. Second : Protection of indigenous Papuans, = recognitions and legal protection of human rights and customery rights. Third : Empowerment of indigenous Papuans, = give the trust that is the manifestation they have: Community from Oriented (orientation to the real needs of local people); Community Based (based on rersources owned by local communities) and Community Managed (managed by local community from planning, implementation , control to the utilization of development outcomes). The remaining time of the implementation of OTSUS  is the only 6 years long, it is the momentum to  take the measures of strategy that should be taken  by stakeholders both in the executive and legislative and cultural institution of indigenous Papuans. The time no longer to blame and feel right about OTSUS, the community will eventually give an assessment and give an answer to that we want to do, let us to do the best for society as our accountability on this blessed land.

Politics Of Law Human Rights Protection In Indonesia

This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.