National Human Rights Commission Research Articles

Potential and Implications of Disputes Over the Authority of the National Human Rights Commission and the Indonesian National Police

National Human Rights Commission is positioned as an independent state institution at the same level as other state institutions which in carrying out its functions and authorities stand on a par with other state institutions whose authority is granted by law. Although vertically it has an equal position with other state institutions, in carrying out its functions, duties, and authorities, this commission must report to the President and the DPR. Article 18 Paragraph (1) Law Number 26 of 2000 concerning the Human Rights Court states that investigations into gross human rights violations are carried out by the National Human Rights Commission. In carrying out its duties, National Human Rights Commission has the authority to receive reports or complaints from a person or group of people regarding the occurrence of serious human rights violations. Police in Article 2 Law Number 2 of 2002 which is the function of the state government in the field of maintaining security and public order, law enforcement, protection, shelter, and service to the community. If a criminal case occurs later the handling of the case is carried out by the police with the authority of investigation by the Police because it is considered an ordinary crime, but at the same time the case is also investigated by the National Human Rights Commission as a crime against humanity which is part of the National Human Rights Commission. human rights violations. Therefore, related to this condition, a struggle for authority may occur due to differences in the interpretation of the crime which then causes the National Police and National Human Rights Commission to declare authority to each other. The authority dispute between the National Police and National Human Rights Commission then could not be resolved within the executive government because National Human Rights Commission is not a state institution under the President, nor can it be resolved through the Constitutional Court as referred to in Article 24C paragraph (1) of the 1945 Constitution because the object of authority disputed by the two state institutions is powers granted by law.

Identification of Factors Associated with Disrespect and Abuse of Women During Child-Birth in the Major Hospitals in Yenagoa, South-South Nigeria

The aim of this study was to identify factors associated with disrespect and abuse of women during childbirth in Yenagoa, South-South Nigeria. It was a cross-sectional survey carried out on 165 mothers who delivered within 6 weeks (August and September, 2018), using purposive sampling method. Data was collected using Level of Disrespect and Abuse of Women during Childbirth Scale (LDAWCS). Prevalence of disrespect and abuse during childbirth in selected hospitals was low with 26.7 % (n=44) of women experienced at least one form. Most frequent types of D&A were; detention for non-payment of bills 50.3% (n=83), women never given the opportunity to make choice of birthing position, carrying out procedures without consent 39.4% (n=65), women left naked in the view of many staff 29.7% (n=49) and women abandoned during labour 21.2% (n=35). There was significant relationship between disrespect and demographic characteristics of parity and education, marital status, ethnicity, income and occupation had moderate evidence of relationship with disrespect and abuse while age and religion showed no significant relationship with D &A at ? = 0.05 level of significance. National human rights commission should look into cases of D & A of women and they should be encouraged to report such cases as they leave the premises for proper action to be taken. Professional bodies like Nursing/Midwifery Council of Nigeria, Nigeria Medical Association etc, should investigate and institute disciplinary action against any member found to have disrespected and abused women during childbirth.

Identification of Types of Disrespect and Abuse of Women During Childbirth in the Major Hospitals in Yenagoa , South-South Nigeria

The aim of this study was identify the types of disrespect and abuse of women during childbirth in two hospitals in Yenagoa metropolis in South-South Nigeria. A cross-sectional survey was carried out using 165 mothers who delivered from August and September 2018 (six (6) weeks period was used), using purposive sampling method. Data was collected using the Level of Disrespect and Abuse of Women during Childbirth Scale (LDAWCS). Prevalence of disrespect and abuse during childbirth in selected hospitals was low with 26.7 % (n=44) of women experienced at least one form. The most frequent types of D&A were; detention for non-payment of bills 50.3% (n=83), women never given the opportunity to make the choice of birthing position, carrying out procedures without consent 39.4% (n=65), women left naked in the view of many staff 29.7% (n=49) and women abandoned during labour 21.2% (n=35). There was a significant relationship between disrespect and demographic characteristics of parity and education, marital status, ethnicity, income and occupation had moderate evidence of relationship with disrespect and abuse while age and religion showed no significant relationship with D &A at ? = 0.05 level of significance. National human rights commission should look into cases of D & A of women and they should be encouraged to report such cases as they leave the premises for proper action to be taken. Professional bodies like Nursing/Midwifery Council of Nigeria, Nigeria Medical Association should investigate and institute disciplinary action against any member found to have disrespected and abused women during childbirth.

Democratic Governance and Human Rights Violations: A Focus on Nigeria

For decades, the menace of human rights violations in the Nigerian democratic setting has defied all responses. Not even the National Human Rights Commission (NHRC), the 1999 constitution of the Federal Republic of Nigeria, nor the more recent ENDSARS protest of October 2020 could adequately tackle the menace of human rights violations in Nigeria. For this reason, the study specifically examined how the Nigerian democratic governance through those in position of authority and security agencies have violated the socio-economic and political rights of Nigerian citizens. The study is qualitative and employed descriptive research design. It adopted John Locke’s Natural rights theory in explaining the relationship between democratic governance and human rights violations. Having presented and analysed the data gathered through documentary evidence, the study revealed that the arbitrary use of power by the Nigerian government and the security forces have grossly violated human rights of Nigerian citizens. Therefore, the study recommended inter-alia, the need for Nigerian citizens to step up their local and international campaigns against civilian-dictatorship as well as the need for the Nigerian government to set up a new independent and impartial institution that will be responsible to treat all cases of human rights violations in the state.

India’s Latest NHRC Advisory on the Problem of Floating Corpses in the River Ganges: Forensic Dental Recommendations

In May 2021, thousands of human dead bodies were seen floating in the down-streams of the river Ganges. This incident highlights a few glaring issues, such as the inhumane treatment of human corpses, the potential escalation of the bio-hazardous situation, and most importantly the possibility of foul play and involvement of crime. As a response to this incident, the National Human Rights Commission issued a detailed advisory regarding the dignified management of the dead to all the states and union territories of India. In India to date, the identity of the dead is never associated with their dignity. The article introduces the 'right to identity' after death as an important interpretation and natural extension of the right to live with dignity. It is not only essential to identify a dead from a humanitarian perspective, but also from a forensic aspect to rule out any crime or wrongdoing. This article gives fundamental administrative recommendations in regards to how forensic odontology can solve the problem of unidentified dead bodies in India while maintaining their dignity.

Implementation of Legal Protection for Economic Exploitation of Children

Numerous parents utilize or even manipulate their children for their own profit. Typically, their treatment is motivated by money or economic issues. Numerous individuals immerse themselves in the demands of their existence without thinking about what they require and require. In this study, a qualitative descriptive methodology was employed. Based on the findings of this study, it was determined that there was a legal void in the implementation of criminal acts against offenders of economic exploitation of children. Even though the child's status in the eyes of the law has been accorded special protection, as stipulated in Law No. 23 of 2002 on Child Protection, this protection is not absolute. Children entitled to parental protection, affection, and supervision are educated and cared for in accordance with their rights as children so that there are no growth phase deviations. As an institution that concentrates on incidents of violence against children, the National Human Rights Commission can also demonstrate that numerous acts of violence have been committed against Indonesian children.

Human Rights In The Justice System In Indonesia

To ensure the recognition and protection of human rights, Indonesia has several legal instruments related to human rights. Specifically to try gross human rights violations, Law Number 26 of 2000 concerning Human Rights Courts was enacted. The Human Rights Court is a court within the General Court which is only assigned and authorized to examine and decide cases of gross human rights violations. Investigations into cases of gross human rights violations are within the authority of the National Human Rights Commission. The investigation and prosecution of gross human rights violations is the authority of the Attorney General.

피해자를 비난하는 여성에 관한 연구

A study was conducted regarding the question, “Why do the same women (even though they can be victims) blame victims of online sexual harassment and violence?”. To this end, this study examined the effect of 'belief in a just world', one of the main variables in the victim accusation study. The results of this study revealed that perceptions of female hatred online are significantly influenced by the degree to which an individual is exposed to female hatred expressions.
 In this study, data from the ‘Online Sexual Harassment, Sexual Violence, and Female Hatred Survey’ conducted by the National Human Rights Commission of Korea was analyzed. First, the partial mediating effect of the online female hatred seriousness perception was confirmed in relation to the effect of belief in a just world on the attitude of criticism toward the victim. The second finding confirmed that the level of exposure to online female hate expression affects the perception of the seriousness of online female hatred in a just world belief system.
 Moreover, it was found that the level of exposure to online female hatred expression regulated the mediating path of belief in a just world * recognition of the seriousness of online female hatred * criticism attitude toward the victim. Specifically, Johnson-Neyman analysis and BootStrap in this pathway confirmed that indirect effects were not significant for groups exposed to high levels of female hatred expression.
 Indirectly, this could be interpreted as the effect of desensitization of female exposure to hatred expression online. This study concluded that countermeasures against hate speech on the Internet need to be taken.

Implementation of Legal Protection for Economic Exploitation of Children

Numerous parents utilize or even manipulate their children for their own profit. Typically, their treatment is motivated by money or economic issues. Numerous individuals immerse themselves in the demands of their existence without thinking about what they require and require. In this study, a qualitative descriptive methodology was employed. Based on the findings of this study, it was determined that there was a legal void in the implementation of criminal acts against offenders of economic exploitation of children. Even though the child's status in the eyes of the law has been accorded special protection, as stipulated in Law No. 23 of 2002 on Child Protection, this protection is not absolute. Children entitled to parental protection, affection, and supervision are educated and cared for in accordance with their rights as children so that there are no growth phase deviations. As an institution that concentrates on incidents of violence against children, the National Human Rights Commission can also demonstrate that numerous acts of violence have been committed against Indonesian children.Keywords: Legal Protection; Economic Exploitation; Child Exploitation

촉법소년 연령 하향으로 인한 문제점에 대한 대응방안

The Ministry of Justice is pushing for a revision of the Criminal Law and Juvenile Law to lower the age of criminal minors from under 14 to under 13 to deal with 70 percent of criminal minors who have been protected due to intelligence, brutality, increased crime, and abuse of punishment.
 Academia is at odds with lowering the age of criminal minors, and lawyers' groups for a democratic society, the National Human Rights Commission of Korea, and the National Assembly Legislative Investigation Office are opposed. However, according to a survey of 3,506 adult men and women conducted by Media Real Research Korea in June 2022, 80.2% agreed. As such, most people express their approval for lowering the age of criminal minors.
 If the age of criminal minors is forced to be lowered at the request of the majority of the people, it should be implemented in a way to minimize the stigma damage caused by punishment. The stigma caused by criminal punishment makes it difficult to adapt to society, making it impossible to live a normal social life, making it impossible to break the vicious circle of crime and leading to recidivism.
 The ways to minimize stigma damage due to punishment are to postpone criminal records, exclude arrest investigations, suspend middle school graduation conditions, and implement vacation detention systems to prevent infringement of learning rights, and establish a third correctional facility to prevent recidivism.

차별금지법의 입법적 고려사항에 대한 일고찰

This article aims at figuring out the key issues of legislation through the analysis of the bills of Equality Act or Anti-discrimination Act proposed to the National Assembly, based on the preliminary overview of legislative movement for the enactment of Anti-discrimination Act and the short history of legislation over the fifteen years since Ro Moo-hyun government in Korea. Key issues are picked out as follows through examining four bills proposed to the the National Assembly(Hye-young Jang’s Bill under the name of the Anti-discrimination Act and Sang-min Lee’s Bill, Joo-min Park’s Bill, and In-sook Kwon’s Bill under the name of the Equality Act) : the appropriate name of anti-discrimination law, types of discrimination, areas(scopes) and grounds of discrimination, exceptions of discrimination, instrument of remedy of discrimination, adoption of the compensatory and punitive damages. All the Bills agreed that ‘gender identity’ and ‘status of employment’ should be added to the current nineteen grounds of discrimination stipulated in the National Human Rights Commission Act as the protected characteristics of grounds of discrimination. Hye-young Jang’s Bill includes two more grounds of discrimination such as language and nationality. Furthermore, this study is suggesting to add three more characteristics of grounds of discrimination such as academic background, occupation, and engagement in labor union because those characteristics are very influential in Korean culture. Four bills are commonly suggesting to expand the scopes of discrimination by adding ‘the supply or use of administrative services et. al’ to the current three scopes (employment, the supply or use of goods and services, education) under the National Human Rights Commission Act. They also accepted the broad conception of discrimination which includes indirect discrimination, harassment, sexual harassment and the discriminatory advertisement or expression as well as direct discrimination. Consequently the equality act need to extend the conception and types of discrimination beyond the National Human Rights Commission Act. According to all of the Bills, not only the affirmative action but genuine occupational qualification(BFOQ) in employment should be accepted as the exception of discrimination. In order for the effective enforcement of the equality act, all the Bills are adopting the new instruments of remedy such as the corrective order, the support of litigation of the National Human Rights Commission, provisional or positive measures by the court decision, and the compensatory and punitive damages for the harmful discrimination. These key issues should be considered in the legislation of the anti-discrimination act or the equality act in the near future.

군사경찰의 범죄피해자보호 개선 연구

The purpose of this study is to suggest the need to strengthen the military police's investigative power for crimes that occur in military units and the direction of legislative and policy revision of the military police's role in protecting crime victims due to the incident. Recently, problems with the investigative power and jurisdiction of the Korean military police have been continuously raised both inside and outside the military, and there have been considerable internal improvement efforts, but it is pointed out that the system has not yet been sufficiently improved. Under the current law, frequent conflicts or inadequate institutional issues have been revealed in the military police investigation process, and these problems have emerged due to the acceleration of the military's civilization, so it is believed that human rights violations of crime victims will become serious. In particular, military police are in charge of investigating civilians with exceptions to most military personnel or military materials for general crimes, so the investigation procedures must be clearly based on laws and minimize possible abuse, but there are insufficient regulations to support them. In addition, the role of a special judicial police officer is also an increasingly important area, but domestic violence crimes and the protection of crime victims in the military unit have become important issues, and the law has been revised. According to the above-mentioned grounds, the enactment of relevant laws and institutional development necessary for the military police to perform their duties for domestic violence crimes (including dating crimes) and crime victims (including soldiers and military family victims) will fall within the scope of military police's important duties in the future. This study examined various related laws such as the Military Court Act and the Judicial Police Management Act, which are the legal basis for the exercise of the military police's investigative power, and derived matters pointed out by the National Human Rights Commission, the National Assembly, and the media regarding the actual effectiveness of the laws. In addition, in the application of various laws and regulations for investigation, military police and general police were compared and analyzed to analyze various disturbances that may cause problems and improvements to overcome them.

군사경찰의 범죄피해자보호 개선 연구

The purpose of this study is to suggest the need to strengthen the military police's investigative power for crimes that occur in military units and the direction of legislative and policy revision of the military police's role in protecting crime victims due to the incident. Recently, problems with the investigative power and jurisdiction of the Korean military police have been continuously raised both inside and outside the military, and there have been considerable internal improvement efforts, but it is pointed out that the system has not yet been sufficiently improved. Under the current law, frequent conflicts or inadequate institutional issues have been revealed in the military police investigation process, and these problems have emerged due to the acceleration of the military's civilization, so it is believed that human rights violations of crime victims will become serious. In particular, military police are in charge of investigating civilians with exceptions to most military personnel or military materials for general crimes, so the investigation procedures must be clearly based on laws and minimize possible abuse, but there are insufficient regulations to support them. In addition, the role of a special judicial police officer is also an increasingly important area, but domestic violence crimes and the protection of crime victims in the military unit have become important issues, and the law has been revised. According to the above-mentioned grounds, the enactment of relevant laws and institutional development necessary for the military police to perform their duties for domestic violence crimes (including dating crimes) and crime victims (including soldiers and military family victims) will fall within the scope of military police's important duties in the future. This study examined various related laws such as the Military Court Act and the Judicial Police Management Act, which are the legal basis for the exercise of the military police's investigative power, and derived matters pointed out by the National Human Rights Commission, the National Assembly, and the media regarding the actual effectiveness of the laws. In addition, in the application of various laws and regulations for investigation, military police and general police were compared and analyzed to analyze various disturbances that may cause problems and improvements to overcome them.

Human Rights During the Pandemic and the National Human Rights Commission of Bangladesh

Abstract The covid-19 outbreak has brought forth the existing cracks and crevices in the governance of Bangladesh. At such a time, the National Human Rights Commission of Bangladesh (nhrcb), as the only State institution mandated to protect and promote human rights exclusively and impartially, is tasked with a crucial role to ensure respect for human rights. This article assesses the activities undertaken by the nhrcb during the pandemic and finds that the nhrcb evinced only a limited role in monitoring the violation of rights and provided formulaic recommendations to the government. It did not observe the implementation of their recommendations and has performed rather formalistically. While the country has experienced a deteriorating human rights situation, the nhrcb has failed to flex its muscles when compared to other national human rights institutions in South Asia. This article argues that the national human rights institutions (nhri s) in India, Nepal and Sri Lanka, embedded in a similar context and armed with almost identical mandates, have demonstrated a novel and strenuous effort intending to adapt to and fulfil their functions during the unprecedented crisis. The nhrcb may benefit by learning from these nhri s as well as taking lessons from its own past activities. Previously, it did not eschew politically sensitive issues and earmarked a strong leadership even with limited institutional capacities. The nhrcb has however responded to the changing dynamics and challenges posed by the covid-19 pandemic with silence. It needs to become more vibrant to enhance, regionally and internationally, the country’s image in upholding human rights norms and standards.

Movie Minorities: Transnational Rights Advocacy and South Korean Cinema

Movie Minorities: Transnational Rights Advocacy and South Korean Cinema

FULFILLMENT OF WOMEN'S AND CHILDREN'S RIGHTS IN THE IMPLEMENTATION OF HUMAN RIGHTS CARE CITIES IN THE CITY OF TERNATE

Efforts to develop cities that care about human rights are a growing response from the movement to restore city sovereignty to its citizens. The state, including the government, supported by the National Human Rights Commission, is trying to apply this idea in Indonesia. The role of local government is very important in supporting efforts to develop cities that care about human rights. Of these problems, the focus of the research is whether the fulfillment of the rights of women and children in Ternate City meets the criteria of a city that cares about human rights and what is the role of the Government of Ternate City in fulfilling the rights of women and children in Ternate City. The human rights movement in Indonesia has begun to launch a new discourse, cities concerned with human rights (human rights cities). One of the interests in studying this issue is to widen the scope of state obligations that are not solely borne by the central government, but also local or regional governments. It is in this context that the role and position of regional leaders is very important. They have the discretion to organize and manage the city government as well as mobilize and invite city residents to be involved in human resource development programs through cities that care about human rights.

Manual scavenging and the right to health in India - social and medicolegal perspectives.

Manual scavenging in India refers to the manual removal of human excreta from private dwellings and facilities maintained by municipal authorities. Human waste is collected from public streets and pit latrines, sewers and gutters, and septic tanks with bare hands, brooms or metal scrapers, placed into woven baskets or buckets, and then carried to disposal sites. The work is generally restricted to those occupying the lowest levels of the Indian caste system. Manual scavengers suffer from considerable societal disadvantages in addition to increased morbidity and mortality, associated with drowning in sewage, and to exposure to asphyxiating gases and to a wide variety of local and systemic infectious diseases. Life expectancy is shortened. Despite the passage of various national laws and periodic intervention by the courts, the 'dehumanising' practice of manual scavenging continues. In 2021 the National Human Rights Commission stated that claims that there are no manual scavengers in particular states in India are simply untrue.

A Study on the Analysis of Dismissal Cases by the National Human Rights Commission of the Republic of Korea : Focusing on the protection of the Social Rights

대한민국의 공식적인 국가인권기구로써 국가인권위원회가 2001년에 설립된 이후 21년이 지났다. 국가인권위원회의 핵심 역할은 국민의 인권침해, 차별행위에 대한 조사와 구제라고 할 수 있다. 그간 접수된 국민의 진정 건수 중 실제 조사가 이루어지지 않고 종결되는 각하 건수는 61%에 달해 국가인권위원회의 높은 각하율이 꾸준히 지적되고 있다. 선행연구에서 다양한 대안을 제언하였지만, 인권 보장 측면에서 진정인의 사회권 보장 중심의 실질적인 문제해결 접근은 부족했다. 따라서 본 연구는 인권적 사회복지 관점에서 높은 각하율의 원인과 대안을 재조명함으로써 진정 제도를 통한 국민의 사회권 보장 방안을 제언하는 데 목적을 두었다. 이를 위해 국가인권위원회에서 20년간 공개한 사례 중 138건의 각하 사례를 진정 유형과 각하 사유로 구분하여 분석하였다. 사례별로 진정인의 관점에서 진정이라는 행위가 어떤 의미가 있으며, 국민에게 인권옹호자로서 국가인권위원회의 위치가 어떠해야 하는지 등을 평가하였다. 분석 결과 국가인권위원회의 독립성을 확보하기 위한 법률적 재검토와 국민의 사회권 인지도 향상이 필요하다는 두 가지 논의점이 도출되었다. 이상의 논의를 중심으로 인권교육의 방향 전환, 투명한 인권사례 관리, 사회권 중심의 사례분석, 국민의 눈높이에 맞춘 자료발간, 진정제도 개선을 위한 모니터링 등 다섯 가지의 정책과 실천적 제언을 하였다. 본 연구는 국가인권위원회의 진정 제도가 국민의 일상에 녹아든 진정한 옴부즈맨의 역할을 독립적으로 수행하는데 이바지할 수 있다는 의의를 갖는다.

민주시민교육과 인권교육의 개념 비교와 호혜적 방법론 논의

The Korean Framework Act on Education cherishes the quality necessary as a democratic citizen. Meanwhile, as the National Human Rights Commission Act was enacted in 2001, and many local governments, including Gwangju Metropolitan City, enacted ordinances to guarantee and promote human rights in the mid to late 2000s, human rights education was emphasized but not studied theoretically and practically. This paper presents a methodology that can be used to realize the common public interest goals of both by comparing the concept and actual status of democratic citizenship education and human rights education. To this end, first of all, the concept of democratic citizenship education and related discourses are considered in light of the preceding studies of Democratic Peace Research and related laws and ordinances. Subsequently, it analyzes the status of the people's human rights consciousness, systems related to human rights education, human rights education seen in democratic citizenship education programs, and ordinances related to human rights education in Gwangju Metropolitan City. As a result, it emphasizes the fact that human rights education has the purpose of confirming the basic rights of mankind and the people and holding both the state and civilians responsible for guaranteeing it, while democratic citizenship education can provide a practical methodology to maximize its effectiveness. This study is of significance in that it proposed an alternative that could harmonize the two in a state where democratic citizenship education and human rights education were indiscriminately mixed.

Effects of Occupational Hazards on Performance of Police Officers in Uasin Gishu County, Kenya

According to a report released by the Kenyan National Human Rights Commission, there has been an increase in crime incidents that are related to occupational stress from low morale of police officers which influences performance. The purpose of this study was to investigate the effects of occupational hazards on the performance of police officers in Uasin Gishu County Kenya. The study area was within the jurisdictions of County Police Headquarters and police stations in Uasin Gishu County. The study was guided by the following specific objective; to determine the effect of occupational hazards on the performance of police officers in Uasin Gishu County Kenya. The study was anchored on the Social Exchange Theory by George Homans and Psychoanalytic Theory by Sigmund Freud. The study adopted a descriptive survey research design. The target population was 2,225 respondents. A total of 327 people were needed to reach the target sample size. The study employed purposeful, stratified, and basic random sampling approaches. Primary data was collected from respondents in the study utilizing questionnaires and interview guides, as well as other data gathering methods. Reports and publications were used to gather secondary data. The study findings revealed that there was a significant but negative relationship between occupational hazards and performance of police officers in Uasin Gishu County Kenya (p=0.000). The study concluded that working on shift and working overtime influences police officers’ job performance. Based on the findings and concussions of the study, it was suggested that the National Police Service develop ways to reduce the sources of occupational stress and espouse a safe working environment and police officers' motivation. Key Words: Occupational Hazards, Performance, Police Officer DOI: 10.7176/PPAR/12-6-09 Publication date: August 31 st 2022