Normative Rights Research Articles

Moral imaginings of the market and the state in contemporary China

In contemporary China, the site of endemic food scandals and persistent anxiety about the quality and safety of products, moral imaginings of the market implicate state actors and institutions. In articulating perceived injustices, Chinese consumer‐citizens resort not to the “mutual rights and obligations” of buyers and sellers specified in the Consumer Law but to ideals of fairness that include the role of the state in regulating the market. The law defines the normative rights and obligations of consumers and sellers, but citizens largely reject this depoliticized formulation, instead expressing expectations of state action that mirror a moral economy framework. This understanding of the persistence of fake and dangerous goods as a manifestation of poor governance allows for a rereading of Marx's famous maxim. For Marx, the commodity disguises an exploitative relationship between buyers and sellers, but in societies characterized by industrial production, the state mediates interactions between producers and consumers through regulation and the law. Demands from Chinese consumer‐citizens that the state curtail the production and sale of fake and dangerous goods and punish bad actors reveal an understanding of the modern state's role in the production of the commodity. They also illustrate the importance of the historical context of the state–citizen relationship in framing moral claims.

PERAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI PADANG KELAS IA DALAM MEMBERIKAN KEPASTIAN HUKUM TERHADAP PERKARA PEMUTUSAN HUBUNGAN KERJA

Termination of employment has a very complex impact and tends to cause disputes between employers and workers. in various laws and regulations, mechanisms and procedures for termination of employment have been regulated with the aim that both businessman and workers can maintain their normative rights. Since the enactment of Law No. 2 of 2004 concerning Industrial Relations Disput, the handling of employment disputes is the authority of the Industrial Relations Court at the local District Court. in addition to the judicial route (litigation) the settlement of disputes over termination of employment can also be settled outside the court (non litigation).In this study the author will focus on the settlement through justice (litigation). the issues discussed in this paper are the Roles of the Industrial Relations Court in Providing Legal Certainty to Termination of Employment (PHK) and the Implementation of Industrial Relations Court Decision by the Parties. in Writing this thesis the author uses the research of empirical law with normative juridical approach method supported by empirical juridical approach. Legal material collection techniques are carried out by means of library research and field research.The role of the Industrial Relations Court in the Padang Class IA Court, has resolved the case brought by the justice seekers to them, thereby granting the legal status in accordance with Law Number 2 of 2004 on Industrial Relations Dispute Settlement.The implementation of the Industrial Relations Court Decision by the Parties has not been carried out optimally in according to the PHI decision in the Padang Class IA District Court, because there are no strict sanctions against disobedience of the parties who did not carry out the decision, namely the employer as the convicted party to carry out the PHI decision in the Padang Class IA District Court. Therefore, against those who do not comply with the ruling IRC, should be subject to strict sanctions in the form of temporary revocation of business licenses, and government needs to make regulations to regulate the sanctions against parties who do not comply with the ruling of the IRC in Padang Class IA Court on particular and the Industrial Relations Court at the General Courts in general.

Position of employees in the state-owned enterprises in achieving a welfare state

Indonesia is a welfare state where the people are guaranteed to get a decent standard of living. The establishment of State-Owned Enterprises (SOEs) is part of the responsibility of the State in the prosperity of its people. The SOEs management cannot be separated from the aspect of labor. Law No. 13 of 2013 on Manpower (UUK) opens an opportunity for entrepreneurs, including state-owned enterprises, to practice the outsourcing recruitment. This research is conducted based on normative and supported by bibliographic data. The theories of Justice and Welfare State were used to analyze the problems. Outsourcing not providing certainty of employment as well as violating the workers’ normative rights. In conclusion, the practice of the outsourcing recruitment at SOEs that violates the workers’ normative rights will have a profound effect. The absence of certainty guarantee during work will only turn workers as an object of commodity. This activity will hinder people from achieving the justice and prosperous state which has become the goal of the state. The fulfillment of SOEs workers’ rights in achieving the welfare state will only be attained if the company can treat workers as partners.

Legal Aspects Occupational Safety and Health of the Work Force in the Bussiness Of Dinamis Abadi City Of Palu

Protection of Occupational Safety and Health given to workers is a preventive effort to prevent work accidents and occupational diseases. Occupational Safety and Health must be contained in the employment agreement, because Occupational Safety and Health is the normative right of the worker to be provided by the company. Research type using descriptive qualitative method. The results in this study are Occupational Safety and Health is important because it is closely related to the performance of employees and in turn affect the performance of the company. in fact there are companies that have not provided proper safety and health protection. In this study found the following problems: First, how the agreement is regulated in the legislation in Indonesia. Second, how the legal protection of Occupational Safety and Health according to the laws and regulations in Indonesia. Third, How to protect the law in the implementation of Occupational Safety and Health in UD. Dynamic Eternal.Keywords : Occupational Health and Safety, Health Law

Legal Protection for Victims of Corporate Crimes In The Employment Field at Palembang City

Criminal sanctions which are imposed on corporations committing employment crimes as provided inArticle 185 paragraph (1) of the Manpower Act are sufficiently burdensome, both for corporations andcorporate administrators, as the cumulative and alternative system of criminal imposition of criminalpenalties. It means that the corporate executives who commit crimes may be subject to imprisonmentor criminal penalties and both imprisonment and fine. But in practice law enforcement officers do notdirectly impose criminal sanctions in the form of imprisonment to corporate executives who commitcrimes in the field of employment in the city of Palembang. This is due to the tendency of lawenforcement officers to use the principle of subsidiarity, namely the criminal law placed in the ultimumremendium position, on the grounds of economic considerations, so that sanctions are imposed onlyadministrative sanctions and criminal penalties and close the normative rights of labor only. DOI: 10.15408/jch.v5i2.7087

Legal Policy of The Government of Indonesia for the Protection of Non-Permanent Workers’ Rights

Legal protection against a daily work is very urgent today given the increasing number of them. Governments have an obligation to ensure the protection of the rights of them. This study discusses two subjects. The first is the inventory of labour rights according to the constitution and rules of normative and the implementation for daily work. The second is the substance of the government’s policy to accommodate the protection of the rights of workers based on the Ministry of Manpower and Transmigration Republic of Indonesia Number: Kep.100 / Men/VI/2004 about the Provisions in the Implementation of Given Time Employment Agreement. The purpose of this study was to determine the protection of the constitutional and normative rights for daily workers. Next to determine the legal policy of the Indonesian government in providing protection to daily workers through Ministerial Decree No. 100/2004. Normative methods used to analyze the legal norms applicable in Indonesia governing the protection of daily workers. Based on this method, the portion of the protection of the rights of workers will be known. The results of this research are that the rights of an employee still do not fulfil the rights of workers constitutively and normatively. Government policy in the protection of daily workers was still not enough to provide legal certainty, usefulness, and fairness for workers. The government’s policy regarding the rights of daily workers still needs to be improved in order to accommodate the rights of daily workers.

Normative political theory, democratic politics and minority rights

In Equal Recognition, Alan Patten argues that in a proper relationship between normative political theory and democratic politics, we must make a clear distinction between two questions related to cultural rights: (a) authority (who should decide?) and (b) the substance of deliberation. The question he wants to explore, however, is not the authority question but the substantive question. The aim of this article is to show that an account of equal recognition cannot bracket out the democratic element. It argues, first, that Equal Recognition does not live up to its initial promise, as it contains a number of reflections and recommendations (on language rights, on secession, on the rights of migrants’ cultures) that either explicitly or implicitly include the democratic element. Second, it points at other important areas of political decision-making – such as electoral system design, districting, referendums, quotas – in which it is quite clear that in order to extend equal recognition to minority cultures, we are obliged to take decisions related to the design of democratic institutions.

Towards a human rights framework to advance the debate on the role of private actors in education

Part of the debate on the impact of privatisation in and of education lies in determining against which standards of evidence should the phenomenon be assessed. The questions ‘what impacts of privatisation in education are we measuring?’ and its corollary ‘what education system do we wish to have?’ are crucial to determining the response. Hence, some of the disagreements surrounding the analysis of empirical evidence on privatisation in education come from differences in the normative framework chosen. Some may, for instance, give a higher weight to equality and equity concerns, while others will consider choice as a structural principle. These disagreements have fundamental implications as to how research is done, interpreted, and used by policy makers, in particular in the Global South where the issues are especially acute. How can we reflect on these key disagreements? This article contends that human rights law, and in particular international human rights standards, as a universally agreed legal normative framework, must be considered and should be a cardinal reference to reflect on privatisation in education, and can provide a useful tool to provide a third way to reflect on this polarised debate. This stems in part from the fact that all countries in the world are party to one or more international treaties protecting the right to education and are thus legally bound to enforce it. However, the human rights framework contains inner tensions, that give it richness, but also require analysis to be able to use it. On one hand, it guarantees the right to mandatory and free quality education for all without discrimination, requiring that education systems ‘do not lead to extreme disparities of educational opportunity for some groups in society at the expense of others’, while on the other hand, it provides for the liberty of parents to choose or establish a private school—which may be a source of inequality. This paper gives a preliminary assessment of this tension by providing an overview of what we know of the normative human rights framework, as a first step towards a broader project aiming at developing comprehensive guidelines unpacking the normative framework on the right to education relevant to privatisation. It is hoped that this preliminary assessment can help to reflect on some of the fundamental debates with regards to the effect of privatisation of education in the Global South.

Normative human rights cascades, North and South

This essay submits that events preceding and leading to the establishment of the United Nations, in the 1940s, saw the emergence of foundational human rights ideas that have shaped the international order ever since. While the major wartime powers were the sponsoring actors, there were strong demands for justice and equality in countries of the South. It was a combination of Northern, Southern and NGO contributions that shaped the content of the normative human rights framework. No country came to this with fully clean hands. The leading powers sought to shield themselves from colonialism, gulags and racial segregation but had to agree to principles and norms that would triumph in the end. Southern representatives, some partly educated in the West but mostly taking their essence from their own soils, argued for high principles and norms, and then many proceeded to violate them once they had gained control of their countries. Many Latin American leaders advanced lofty principles while presiding over exploitative feudal societies at home. The gulf between principles and practice continues in our times, with numerous violations of human rights worldwide.

“Dispossession within the Law”: Human Rights and the Ec-Static Subject in M. NourbeSe Philip’s Zong!

This essay investigates how Judith Butler and Athena Athanasiou’s recent work on dispossession and precarity might open up larger questions about normative human rights subjects and discourses. In place of the liberal subject of normative human rights, whose historical formation and legal incorporation have belied the universality of human rights, I argue that the ec-static subject—passionate, embodied, and relational—may offer an alternative foundation for what Hannah Arendt called “the right to claim rights.” M. Philip Nourbese’s long poem, Zong! , provides a context for exploring the ways in which the law has historically been used to deny human rights as well as the humanity of potential rights claimants. At the same time, in its active deconstruction of the law and discursive reinvention of the subjects the law denied, the poem conjures the political standing of ec-static subjects whose claims echo through history.

Hak Anggota Serikat Pekerja Perspektif Hak Asasi Manusia

Abstract: The concept of rights and freedom as well as their guarantee cannot be separated from a system of value and principle that inspires them. In a democratic society, right and freedom are inherent in human, a guarantee of both, and their law enforcement, cannot be separated. The rights include rights to form a union and association. For workers this rights and freedom are implemented in the form of a labor union that serves as a means to make a political bargain with employers. The union is also important instrument for workers in fighting for their normative rights.Keywords: Trade union right, freedom of association. Abstrak: Konsep mengenai hak dan kebebasan maupun mengenai jaminannya tidak dapat dipisahkan dari sistem nilai dan asas yang mengilhaminya. Dalam suatu masyarakat demokratis, hak dan kebebasan yang melekat pada manusia, jaminan terhadap hak dan kebebasan itu, serta penegakannya secara hukum membentuk suatu kesatuan yang tidak dapat dipisahkan. Bagi pekerja hak dan kebebasan ini diimplementasikan dalam bentuk serikat pekerja yang berfungsi sebagai sarana untuk melakukan tawar menawar dengan pengusaha dan sebagai instrument dalam memperjuangkan hak-hak normatifnya.Kata Kunci: Hak serikat pekerja, kebebasan berserikat

Interaction Ritual and Industrial Conflicts

This study examined industrial conflicts in East Java from the perspective of Randal Collins’ theory of interaction ritual. In particular, it looked at interaction ritual between labors and employers, members and committeee of labor unions, and inter-labor unions after the New Order, and attempted to explain the significance of industrial conflicts among labors. In the post-New order era considered more democratic, the interaction rituals between labors and employers have not been effective. The ineffectiveness of the rituals could produce suspicion, lack in the spirit of work, and no sense of belonging, causing conflicts between the labors and employers. In addition, while freedom of establishing unions is considered democratic, it can also make labors disintegrated becuse the more the unions, the tighter the competition in recruting the member. Horizontal conflicts are likely to coccur as the labor unions also become exclussive and more concerned with their own interests, which then makes the negotiation capability and orgnizations of the labors become weak. Their bargaining position is also getting weaker since the number of labors who join unions becomes smaller as a result of the increased number of outsourcing workers. Another consequence is that each labor activist has different interpretation of industrial conflict. Some view it as a measure of last resort to press the employers, and some other see it an arena of learning and struggling for labors’ normative rights.

The Epistemic Value of Public Opinion: Theoretical and Practical Considerations

This paper discusses the claim that citizens lack sufficient political knowledge to make sound judgements on public matters. It is contended that practical judgements raise essentially two types of claims, namely a claim to empirical truth and a claim to normative rightness, and that there are good reasons to believe that people's insufficient political knowledge undermines both of them. Yet, an examination of the dynamics of public opinion formation reveals that there is an epistemic potential in public opinion, though it is dependent upon the quality of public debate. Building on this idea and on the concept of deliberative responsiveness, two paths of political reform are proposed, which should illustrate the practical implications of the theoretical argument made in this paper by demonstrating how the quality of public debate and, thus, the epistemic value of public opinion could be enhanced.

PENJABARAN HAK TENAGA KERJA PEREMPUAN ATAS UPAH DAN WAKTU KERJA DALAM PERATURAN PERUSAHAAN DAN PERJANJIAN KERJA

This study aims to identify and analyze the importance of normative Rights of workers, especially women workers. This study is an empirical law with a field study observation approach to the way to the destination research. data and data sources consist of primary legal materials, secondary law and tertiary legal materials were analyzed by using interviews with informants and respondents. Based on the Law of the Republic of Indonesia Number 13 of 2003 on Labour, the protection of women workers to ensure the basic rights of workers, and ensure equality of opportunity and treatment without discrimination on the basis of apaun for the welfare of women workers and their families with regard to the progress the business world, the rules made in the company regulations that sesusi with the legislation in force will have an impact on the welfare of workers and the development of the company, as well as the rights and obligations of the parties between workers and the company shall set forth in writing and in detail, in order to no problems in the future.

International Human Rights Law and Korean Separated Family - Normative Human Rights Approach to its Resolutions -

International Human Rights Law and Korean Separated Family - Normative Human Rights Approach to its Resolutions -

Mobility, migration and rights in the European Union: critical reflections on policy and practice

This article assesses developments in European Union (EU) migration policy and practice and their implications for rights regulation in the Union, as revealed in this special issue and the wider literature. It identifies how rights are constituted in the complex and multivalent policy-making field of the EU. The article views rights as constituted in the process of migration governance. This governance analysis puts centre stage an assessment of the links between policy, policy-making and policy's social and political ordering effects. The article argues that the significance of the Union needs to be analysed against different aspects of rights regulation. The article adopts an analytical framework which discriminates between the discursive framing of migrants' rights, the specification of such rights in Union and member state policy, and the shaping of rights by actors in context at the local level. The article concludes that, first, the Union has begun to play a significant role in regulating mobility rights across its territory in ways which can undermine the substantive or normative rights accessible to migrants in practice. Second, its policy and legal role are politically significant as it asserts the role of the EU as a source of regulatory authority over the distribution of rights for citizens and non-citizens within its territory.

Local Authorities and the Accountability Gap in a Fragmenting Schools System

Reforms to the English education system under the UK's coalition government are building on the so‐called ‘schools revolution’ that previous Labour governments began through legislation increasing both schools' autonomy from local authorities and the system's diversity. Growing numbers of state‐funded schools have converted to academies outside local authority control, particularly since the Academies Act 2010, while opportunities have emerged for ‘free schools’ to be established by various interest groups. The right to establish a school has normative human rights underpinnings, yet the government's policy as a whole is particularly controversial due to the increased risk of social division, instability of local schooling arrangements and significantly reduced local democratic accountability for state funded education. This article questions whether, against a background of three decades of centralising educational reform and a concomitant decline in the role of local (education) authorities, the local public interest in education is being adequately safeguarded.

PATIENT’S LEGAL CAPACITY AND PRESENCE OF PATIENT’S WILL EXPRESSION

When the law on the rights of patients came into force on March 1, 2010 the normative regulations regarding the patient’s will became more nuanced and detailed. However, the normative acts still contain inconsistencies and change of approach in connection with patients’ legal capacity. The peculiarities of the practical application of the patients’ legal capacity institute also make foreruns for the transformation of theoretical understanding of patients’ legal capacity in medical treatment. For historical objective circumstances the legal practice is developed in connection with legal relationship of patient and treatment person/ institution in Latvia in contradistinction to western countries. Herewith the meaning of the normative regulations and rights doctrine in legal protection of patients’ legal capacity shall be emphasized.

The Ties that Bind: The Environment, the European Convention on Human Rights and the Rule of Law

This paper examines the link between environmental protection and human rights in a European context, with particular reference to the European Convention on Human Rights. It is argued that the jurisprudence of the European Court of Human Rights on the subject is best understood by reference to the rule of law and that the extension of the Convention to certain environmental issues is less controversial than critics assert. Moreover, this paper argues that on the normative level, environmental protection and human rights share a common base. The paper concludes, however, that the use of human rights instruments is unlikely to lead to significant environmental improvements.

Hearing the Voice of the People: Human Rights as if People Mattered

When we study human rights empirically, what do we mean to study? The existence of institutions that enable the realization of rights or the enjoyment of those rights? The absence of flagrant violations of some of the basic individual rights or the sense that one's rights will not be flagrantly violated? What theory of human rights should we use? Most positive theory of human rights—for example, empirical theories about the correlation between political institutions or economic conditions on human rights recognition—are based on the first kind of normative human rights theory, the one that defines rights outside of the struggle for them. This article puts forward a methodology for the empirical study of human rights from the inside: do people enjoy their human rights? Using the Latin American Public Opinion Project democracy survey database, the authors propose a new way to measure human rights.