National Human Rights Research Articles

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.

Pejorative Assertions, Human Rights Evaluation, and European Veiling Laws

Abstract An increasing number of European states have, since 2009, passed laws restricting or prohibiting the practice of Islamic veiling. These laws have been challenged both before the European Court of Human Rights and the United Nations Human Rights Committee. In the former context, these laws have invariably been upheld whereas in the latter, they have always been deemed to be incompatible with the right to freedom of religion under the International Covenant on Civil and Political Rights. Superficial analysis suggests that this is because the ECtHR, unlike the UNHRC, applies a margin of appreciation doctrine to give effect to concerns with subsidiarity. In this Article it is suggested that the better explanation is that the ECtHR (again unlike the UNHRC) accepts assertions of facts from states as to why their laws are justified in the absence of any demonstrable supporting evidence. It is argued that this is of particular concern because these assertions tend to make insidious and pejorative statements about the practice of Islamic veiling that have the capacity to generate stigma and substantive damage for the veil wearing woman. When they are endorsed by a putatively independent body like the ECtHR, these messages, and the accompanying stigma are mainstreamed and legitimized. It is finally argued that this means that the approach of the ECtHR cannot be justified by concerns with subsidiarity but rather reflects an irresponsible abdication of responsibility.

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.

Protection of labor rights of employees of international intergovernmental organizations: theory and practice

The article examines the issue of protection of labor rights of employees of international intergovernmental organizations by means of internal judicial mechanisms. It was noted that rights related to labor relations, including international civil servants, are guaranteed by the provisions of a number of international agreements in the field of human rights, in particular, the Universal Declaration of Human Rights of 1948 (Article 23), the International Covenant on Economic, Social and Cultural rights of 1966 (Art. 7-9). Institutional bodies, in particular, the United Nations Human Rights Committee, and the United Nations Committee on Economic, Social and Cultural Rights paid significant attention to them.
 It is emphasized that the protection of labor rights correlates with the right to social security and covers the right to access benefits, whether in cash or in kind, and enjoy them without discrimination in order to ensure protection.
 The practice of the Dispute Tribunal of the United Nations, the Administrative Tribunal of the International Labor Organization, the Administrative Tribunal of the Organization for Economic Cooperation and Development regarding consideration of labor disputes between the staff and the administration of the organization was studied.
 It is emphasized that the functioning of internal mechanisms and ensuring access to them is a guarantee of the protection of fundamental rights provided by international acts in the field of human rights. It is indicated that in order to establish the compliance of the internal justice systems of international intergovernmental organizations with international human rights law, the Index of Legitimacy of the Internal Justice Systems of International Organizations was created, since the internal mechanisms for resolving labor disputes may have differences due to the nature and directions of activities of an IGO, which in turn, may have an impact on compliance with the labor rights of its employees.

A Critical Analysis of the Indonesian Human Rights Action Plan 1998-2020

This article analyzes the emergence and development of the National Human Rights Action Plan (NHRAP) or Rencana Aksi Nasional Hak Asasi Manusia (Ranham) during Indonesian Reform era, 1998-2020. Ranham is recognized as a national strategic policy document that describes and explains; 1) how the state incorporates human rights principles and norms into its policies, and 2) how to measure its remarkable achievements. All Indonesian governments have adopted and implemented Ranham, which was enacted by Presidential Regulations during five phases in the two decades of the Reform era. Ranham was derived and mandated by the Vienna Declaration and Program of Action (VDPA) 1993. Up until recently, more than 70 states have formulated the Ranham, including Indonesia. This article discovers that the policy of Ranham during the Reform era reflects the national commitment to the human rights agenda. However, the lack of the conceptualization of human rights still impedes the development and reinforcement of the national human rights system.

Resolution 42/21 (U.N.H.R. Council)

On July 13, 2021, the United Nations Human Rights Council (HRC) adopted a resolution designed to facilitate the enjoyment of the human rights and other basic freedoms of Africans and people of African descent in every region of the world, specifically against excessive use of force by law enforcement officers. The Resolution deplored all forms of racial discrimination against Africans and people of African descent, condemned “the continuing racially discriminatory and violent practices” perpetrated against this group by many law enforcement officials, and urged states “to seize every opportunity” to implement an “anti-racism agenda” that prioritizes “racial equality and justice” for the group, including better use of independent national human rights institutions and preferential programs, among other far-reaching, substantive techniques. Although not yet constituted, the Resolution established an independent committee, comprising individuals with law enforcement and human rights expertise, charged with the responsibility for “advanc[ing] racial justice and equality [with]in the context of law enforcement in all parts of the world” through various means that include visits to countries where violations are taking place.

A comprehensive reparations system for custodial deaths

Death in police custody is one of the major social injustices in Kenyan society today. While many continue to call for the criminal prosecution of police officers involved in such extrajudicial deaths, less is said about the human rights remedies available for the victims surviving the deceased. National, regional and international law provides for remedies for human rights violations in the form of reparations. The jurisprudence of Kenyan courts, the African Court on Human and Peoples’ Rights and the African Commission on Human and Peoples’ Rights confirm that such victims are entitled to various forms of reparations. This paper analyses victimhood and the reparation systems in Kenya. The introduction briefly discusses death in police custody as a form of human rights violation. The paper then investigates the notion of a victim in national, regional and international law, with the aim of highlighting the scope of accruing human rights and the attached remedies. Consequently, the paper evaluates the Kenyan system of reparations available to victims in both national, regional, and international human rights law. This evaluation expounds on the forms of reparations available for victims of deaths in police custody. In concluding, this paper makes recommendations for victims and their families pursuing human rights remedies in addition to criminal sanctions against the police.

APA Calls on U.N. to Respond Urgently to Charges of Iranian Misuse of Psychiatry

APA Calls on U.N. to Respond Urgently to Charges of Iranian Misuse of Psychiatry

Reflections of Good Practice of Infusing ESD to Improve Education Outcomes for Indigenous Learners in Light of a Global Pandemic

Abstract The COVID-19 global pandemic presented an unprecedented challenge to the sustainability strategies and initiatives of many nations. In many countries, education strategies and funding were negatively impacted and, consequently, especially vulnerable groups were highly affected, amongst them Indigenous communities around the world. As Indigenous communities were already amongst the most vulnerable before 2020, a strategically and well-planned recovery from this pandemic would be vital to secure their well-being. This article offers reflections on the potential of infusing Education for Sustainable Development (ESD) in the classroom, the school and the community as a whole, to deal with known and yet unprecedented sustainability challenges in presenting commonalities of 32 good practice reports from 21 countries collected in advance and during the global pandemic. Authors make the point of considering the pandemic and its widespread impact as yet another sustainability challenge and position ESD as a potential tool to achieve quality education and unleash the full potential of education for society when planning recovery efforts in hope for a better future of Indigenous communities in the long term. As the good practices were also included in a report of the UN Special Rapporteur on the Rights of Indigenous Peoples to the 48th Session of the United Nations Human Rights Council, focusing on the post-pandemic recovery efforts for Indigenous Peoples, further thoughts on both official reports and their alignment with the overall 2030 Agenda from an ESD perspective are included.

When the Cemetery Becomes Political: Dealing with the Religious Heritage in Multi-Ethnic Regions

When the Cemetery Becomes Political: Dealing with the Religious Heritage in Multi-Ethnic Regions

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.

The current status of the right to the environment at the global international law

This article focuses on the right to a healthy environment, which is a challenging aspect of international law because, until recently, it was not explicitly addressed at the global level. The United Nations' human rights instruments do not contain provisions related to the environment, but the approach of 'greening the existing' human rights can be observed in several forms, for instance, in general comments. International environmental law introduced a similar concept, the 'human rights approach', which connects environmental issues with human rights. We assume that these two concepts can serve as the foundation for declaring the right to a healthy environment but do not replace that. We argue that the global recognition of the right to a healthy environment could connect the two branches of international law and ease its fragmentation. This article aims to examine and evaluate the existing international legal background at the global and regional levels. While doing so, we will analyze the legally binding and soft law instruments and the relevant case law of international human rights law and international environmental law. The article emphasized the recent legal development, as the United Nations Human Rights Committee adopted 2021 resolution no. 48/13, which promotes the right to a clean, healthy and sustainable environment. Here, we also present suggestions for the further global elaboration of the right. On the one hand, the examination reveals that international law already has several instruments and concepts that can be considered a starting point for the declaration. On the other hand, we propose that innovation, new approaches should be expressed in the future, related to the right to a healthy environment.

Reinforcing Indigenous Peoples’ Right to Health in the Wake of the COVID-19 Pandemic: A Panacea for Sustainable Human Rights Protection

The rights of indigenous peoples have become an important issue of international law and policy over the past three decades as a result of movements led by indigenous peoples, civil society, international mechanisms and states at the domestic, regional and international levels. Indigenous peoples are widely recognized as being among the world’s most vulnerable, disadvantaged and marginalized peoples. In order to identify, recognize and protect the rights of indigenous peoples, it is necessary to have a clear understanding of who the indigenous people are. Moreover, the definition that is derived cannot be static, but must change with the times and from place to place as well as adapt to the changing circumstances and environments. This paper analyses the statutory definitions of indigenous peoples and their rights as provided under the United Nations legal framework and other regional frameworks. Furthermore, it examines the unique perspectives on health held by indigenous peoples as well as their vulnerability to the COVID-19 pandemic. The question that was posed in this paper, however, was whether the right to health extends to indigenous peoples, thereby making it binding on a far greater number of actors. And what are the issues that pertain to the human rights of indigenous peoples. Nevertheless, this paper noted that the United Nations Human Rights System, as well as its mechanisms, laws and policies have been at the heart of these developments. This paper takes an analytical and qualitative approach to its research and builds its argument on existing literature, which is achieved through a synthesis of ideas. The paper concludes that the rights of indigenous peoples are increasingly being formally incorporated into the domestic legal systems of various countries.

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.

Ensuring oversight and protection of life, health and well-being of all detained by the Russian Federation and in Russian controlled territories of Ukraine

ObjectivesMilitary action by Russian forces against Ukraine commenced on 24 February 2022. The Office of the United Nations High Commissioner for Human Rights has observed serious human rights violations in the context of the Ukraine war. A range of people are detained, not limited to those meeting the definition of prisoners of war, or prisoners, but including Russian soldiers who refuse to fight and the enforced disappearance of Ukrainian civilians. Study designThis is a Commentary article. MethodsThis Commentary concerns the detainee's right to humane conditions of detention and right to life, health and well-being (including access to medical care) when in detention in Russian-controlled territories of Ukraine and when transported into and detained in the Russian Federation itself. ResultsThere is evidence of violations of the rules of war and of fundamental human rights. Prohibition of torture and other ill treatment of people deprived of their liberty is shared across international human rights and humanitarian law frameworks. ConclusionsRussia will leave the European Court of Human Rights on 16 September 2022. The United Nations Human Rights Council must swiftly respond and create new mechanisms to monitor Russian detention standards and uphold fundamental human rights to protect the lives, health and well-being of those detained, regardless of their status as prisoner, prisoner of war or other.