Perspective Of Human Rights Research Articles

Smoking in Human Rights Perspective in Indonesia

Smoking is an activity carried out to fulfill one’s pleasure, and for smokers this activity is a natural thing and is a person’s right to smoke. The results of research by health experts smoking and the smoke it causes are very harmful to health, so it is necessary to protect human health and the environment. The problem is how to smoke in the perspective of human rights, because it is related to health and environmental protection. Through the method of normative juridical approach, the results of this study explain that, the basis of a rule of law is the protection of human rights, and human rights in question are the right to a good and healthy environment as explained in several legal provisions governing human rights. Setting the right to a good and healthy environment includes the right to live a healthy life from the effects of exposure to harmful cigarette smoke. The regulation of human rights in the protection of human rights is regulated at the international level, the 1945 Constitution and other statutory regulations up to the regional regulation level. Smoking activity carried out by smokers is not a human right, because the law regulates the provisions of these human rights.

Idea równości kobiet w kontekście praw człowieka oraz polityki równościowej polskich ugrupowań politycznych

This article analyzes the idea of women’s equality in the perspective of human rights. Starting from the definitional formulation of human rights, through the inclusion of women’s rights to human rights, the legal and social aspects of equality has been indicated and human rights, in the context of the socio-political situation of women in Poland, has been presented. The main research question is whether women’s equality is achieved and to what extent. Are we talking about a practical dimension (implemented) or only a declarative one? To answer this key question, the programs of political groups in Poland and their equality policy were subjected to a comparative analysis. For the purpose of the research, the programs of those groups that obtained parliamentary mandates in the 2019 elections, i.e., Law and Justice, Civic Coalition, and Polish People’s Party, were analysed.

Right to be Forgotten as a Legal Protection for The Victims of Electronic Sexual Violence Cases

The 2020 National Commission on Violence Against Women's Annual Records identified the rise of a new type of violence against gender in Indonesia, specifically electronic-based sexual violence (Kekerasan Seksual Berbasis Elektronik/KSBE) which is part of gender-based violence in the digital spaces or Online Gender-Based Violence (OGBV). In 2020, KSBE cases increased 300% compared to the previous year. So far, the arrangements for tackling KSBE perpetrators in Indonesia have been inadequate. Existing laws do not contain procedures that are sensitive to victims and lack a human rights and gender perspective. Currently, Indonesia has adopted a new regulation related to handling sexual violence, namely Law No. 12 of 2022 on Sexual Violence Crimes. The authors analyse laws and regulations relevant to online sexual violence and its extension (involving physical action), from the perspective of human rights and women's rights. Thus, several significant regulations apart from the Sexual Violence Crimes Law are discussed, namely the Criminal Code, the Information and Transaction Law, the Anti-Pornography Law, and the Child Protection Law. We argue that protection of KSBE victims must be made the main goal of law enforcement. The loss of the victim's privacy and the dissemination of personal data violate victims’ human rights guaranteed by the state, and therefore derivative regulations regarding the UU TPKS (Sexual Violence Law) need to be issued and existing laws harmonized with it. Moreover, additional special victim rights regulations regarding electronic-based sexual violence are necessary, especially for KSBE acts that require a quick response, such as removing sexually explicit content.

"Help me to decide": A study of human rights-based supported decision making with persons with intellectual disabilities.

Decision making is the basis for individual autonomy and societal participation. To support persons' human right to make life decisions, the model of supported decision making (SDM) has evolved and complies with Article 12 of the United Nations Convention on the Human Rights of Persons with Disabilities. Models for implementing SDM and outcomes achieved by applying SDM in community settings remain insufficiently explored. This study used a human rights perspective with participatory, qualitative research methods to investigate environmental conditions and social support measures that enabled persons with intellectual disabilities (ID) to make and implement their own decisions. Data gathered were 6 months of field notes about implementing SDM in a L'Arche day activity program with 26 adults with ID, with opinions and drawings illustrating persons' decision making. All data were analyzed thematically. As a result of using the SDM intervention, persons with ID became more expressive, able to discuss and debate options, participated in organizational and municipal decision making, and expressed "joy" and feeling "more like a human." Staff supporters found SDM fulfilling and noticed it increased the sense of ownership persons with ID experienced in individual and group meetings. An organizational environment that respects human dignity, supports sustained relationships between persons with ID and decision supporters, individualizes SDM depending on how persons can communicate, and encourages staff self-reflection about prejudices and positionality is essential for implementing SDM with persons with ID. SDM processes shift oppressive social narratives and policies in the direction of a social, relational model of the decision-making capacities and competencies of persons with ID. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Organized Crime and Illegal Adoption of Vulnerable Brazilian Children: A Human Rights Perspective

Organized Crime and Illegal Adoption of Vulnerable Brazilian Children: A Human Rights Perspective

Daily experience of people with ocular and maxillofacial trauma as a result of violence by State agents in the context of the Chilean social outbreak: approaches from a human rights perspective

Resumen Introducción La violenta represión ocurrida en Chile durante el estallido social (2019-2020) dejó un número sin precedentes de personas lesionadas con resultado de trauma ocular y maxilofacial producto de la acción de agentes del Estado, desatando una crisis socio-sanitaria que requirió del abordaje las problemáticas de salud con énfasis en el daño estructural y funcional. Objetivo Analizar la experiencia cotidiana de personas afectadas por trauma ocular y/o maxilofacial desde una perspectiva de derechos humanos, con énfasis en aportar antecedentes que contribuyan a los procesos de apoyo funcional y psicosocial. Método Estudio de enfoque cualitativo, considerando el análisis de 3 entrevistas en profundidad centradas en la experiencia cotidiana producida a raíz de la violencia policial. Éstas se analizaron en base a la técnica de análisis de contenido, con una posterior triangulación. Resultados Se apreciaron una serie de interferencias y repercusiones cotidianas producto del trauma, generando el fenómeno de una cotidianidad interferida, además del extrañamiento de sí misma/o. Se discutió sobre el contraste entre las experiencias y expectativas de la atención en salud y procesos de reparación, que resultan aún insuficientes y tienden hacia la revictimización. Conclusión El acceso a rehabilitación funcional y psicosocial es parte fundamental de los procesos de reparación integral de las personas que vivieron estas experiencias traumáticas durante el estallido social. Es fundamental que los dispositivos sanitarios y judiciales profundicen abordajes desde una perspectiva de derechos humanos incorporando el enfoque de género para cumplir los principios de verdad, justicia, reparación y garantías de no repetición.

Protection of Political Rights from a Human Rights Perspective

Protection of Political Rights from a Human Rights Perspective

서울시 건축시설물의 인권영향평가 분석 연구

It can be judged that related research, including this study, is showing a relatively expanding trend in the area of universal design, including facility accessibility from the user's perspective, universality of guidance information, as well as guaranteeing participation rights in the increasingly active construction process, but it is still It started from the point that consideration of human rights, such as safety management of workers and employees, and labor and rest environments, was insufficient. Accordingly, the purpose is to quantitatively evaluate this situation and provide basic data so that spatial composition can be considered from the perspective of human rights from the initial stage in the construction of buildings and facilities in the public area. In this study, an on-site evaluation was conducted on 24 facilities in 6 areas, including welfare facilities, educational facilities, cultural facilities, park facilities, sports facilities, and youth facilities, among the assets owned by Seoul City, to determine the right to access, right to travel, right to environment, right to safety, right to rest, Analysis results were presented in a total of 7 areas, including the right to access information and the right to privacy, and it was confirmed that there was a need to improve the function of architectural space in terms of internal workers, such as workers in overall poor environments.

Human Rights and Its Contested Legal Paradigm

This article examines the philosophical foundation of the tension between two contested legal paradigms, namely the Sociological Jurisprudence and Historical School of Jurisprudence, and how the contestation affects human rights discourse in Indonesia. Sociological jurisprudence perceives law as a tool of social engineering, while the Historical School of Jurisprudence argues that the development of law is a subconscious and organic process. Such contested legal paradigms are relevant to the case of “kawin tangkap” or bride kidnapping in Sumba, East Nusa Tenggara Indonesia. This is certainly problematic from the human rights perspective, as it is contradictory to the protection of women and children. However, like in some other traditions, the practice has been continuously preserved in local communities. The article employs legal anthropology research methods to delve into the symbols and meanings embedded within the customary laws obeyed by local communities. Additionally, this research utilizes legal philosophy methodologies to scrutinize paradigmatic disputes among schools of thought and how these disputes affect the rights of women. The study also investigates variances in perspectives concerning customary law, state law, and human rights, particularly in the context of examining the tradition of captive bride kidnapping. The challenge lies in how human rights can be employed to foster a gradual shift away from deeply ingrained patriarchal cultural norms and practices, with the aim of enhancing the protection of women’s and children’s rights, all while preserving customary laws and the harmony of local communities. This article endeavors to address this challenge by advocating for effective communication strategies that encourage local communities to embrace human rights principles and abide by the law, driven by rational awareness. The findings from this research conscientiously raise awareness about human rights within local communities through effective legal communication, without disrupting the existing local order.
 
 Keywords: Human Rights, Historical School of Jurisprudence, Bride Kidnapping, Sociological Jurisprudence, Communication.

Pengaturan Perlindungan Hukum bagi Penyandang Disabilitas dalam Rekruitmen Calon Pegawai Negeri Sipil Dari Perspektif Hak Asasi Manusia

Indonesia is a country based on Pancasila and the 1945 Constitution of the Republic of Indonesia which respects and upholds human dignity. Article 53 of Law Number 8 of 2016 concerning Persons with Disabilities provides high expectations for persons with disabilities that they have the same opportunities as other normal people to get a job when in reality not all employment opportunities provide equal opportunities for persons with disabilities, so this article only provide facultative justice, the impact of which is that it is difficult for persons with disabilities to find work and even if they do find work, it is not uncommon for persons with disabilities to be discriminated against in the workplace. The recruitment of candidates for civil servants (CPNS) for persons with disabilities is a manifestation that every citizen has the right to have equal opportunities in government to implement the principle of equality. Although there are already formations for people with disabilities, they have not provided equal space and justice for all types of disabilities. There are a number of requirements for applicants with disabilities in certain institutions where the criteria for disabilities that can apply are being able to see, hear and speak well, then also be able to move using a walking aid other than a wheelchair. This discriminatory requirement will clearly close the opportunity for the blind, deaf, speech impaired and physically disabled to participate in the selection of CPNS admissions. Article 45 of Law Number 8 of 2016 concerning Persons with Disabilities, which stipulates that the Government and Regional Governments are required to ensure a fair and non-discriminatory process of recruitment, acceptance, job training, job placement, work continuity, and career development and without discrimination to Persons with Disabilities. discrimination, all persons with disabilities have equal opportunities, what will determine later is the competence and capability of each during the selection process. Therefore, it is necessary to interpret the laws and regulations on future concepts and ideas related to legal protection for persons with disabilities in the recruitment system for prospective civil servants from a human rights perspective.

Penghapusan Hukuman Mati Pada Sistem Peradilan Pidana Di Indonesia Atas Lahirnya UU No 1 Tahun 2023 Tentang KUHP

Indonesia is a country that acknowledges the existence of Human Rights, but this does not lead to the abolishment of the death penalty in its positive law. Both the old and new Criminal Codes (KUHP) still regulate the death penalty, albeit in different concepts. This research aims to identify the differences between the death penalty in the old and new Criminal Codes and to understand and analyze the death penalty in the new Criminal Code from a human rights perspective. The research employs a normative juridical method. The findings indicate that the death penalty in the new Criminal Code is no longer the primary punishment as in old Criminal Codes and has been replaced with an alternative penalty. Under the new Criminal Code, those sentenced to death will undergo a probationary period of 10 (ten) years, and if they demonstrate good behavior during this period, the death penalty will be commuted to life imprisonment or imprisonment for 20 (twenty) years. This change is motivated by the perception that the death penalty constitutes a violation of human rights.

Human Free Will and God's Sovereignty in Biblical and Human Rights Perspectives

Research with the theme of human free will and God's sovereignty in the perspective of the Bible and Human Rights examines two things, namely whether God gives freedom to humans to seek their salvation without God's supervision or control? Does the State give freedom to humans (citizens) to live their lives and activities without the supervision and control of the State? The purpose of this study is first, to find and examine the basis of the Bible and the views of theologians, regarding human freedom in seeking salvation and God's sovereignty in the efforts made by humans. Secondly, to find and examine the views of experts, laws and regulations on human free will as Indonesian citizens from the perspective of human rights. The research method used is qualitative research. Using this method, the author examines the literature traced, namely books, articles, research results related to the issues discussed. The results of the search were analysed descriptively. The results of the research show: first, from a biblical perspective, God created humans with free will in choosing, as a reflection of God's granting of sovereignty to humans. But human free will in no way negates God's sovereignty and omnipotence. God's sovereignty over man's free will is related to God's providence that man acts and is responsible for taking care of himself according to God's will. Secondly, in the perspective of human rights, Indonesian citizens cannot freely follow all their wills. The free will of citizens in individual and social life is limited. There are values, norms, rules, to limit it. There is an obligation to respect and honour the freedom of other citizens reciprocally. So the author comes to the thesis that from the perspective of the Bible and human rights, human free will as a creature of God and as a citizen of Indonesia remains limited, meaning that its limits have been determined and should not be exceeded.

PERLINDUNGAN HUKUM TERHADAP ANAK PELAKU TERORISME DI INDONESIA DALAM PERSPEKTIF HAK ASASI MANUSIA

Children of terrorism cannot be considered as perpetrators of crimes, but victims of crime, victims of terrorism networks, victims of doctrine, exploitation of thoughts, propaganda from parents or adults around them so they must be protected specifically. Children like this should not be imprisoned, but must be educated, given counseling, rehabilitated and social assistance. Judging from the Law on the Juvenile Criminal Justice System, the imposition of death penalty and life imprisonment does not apply to perpetrators of criminal acts of terrorism who are under 18 years of age or who are still classified as children. The state is also obliged to provide special protection for children who commit acts of terrorism. As for the legal arrangements for child perpetrators of terrorism from the perspective of human rights in Indonesia, it is regulated in several national regulations.
 
 Keywords: child of terrorism, human rights

Between Conservatism and Progressivism: The Young Penghulu in East Java's Legal Paradigm Addresses Disability Issues in Marriage

The legal knowledge of penghulu on disability issues determines how to implement laws that advocate for persons with disabilities. This paper traces the legal paradigm of seven Penghulus in East Java who were newly inducted in 2022 against several articles in the Compilation of Islamic Law (KHI) that touch on disability issues. Some of the themes tracked are marriage guardians (article 22), marriage witnesses (article 25), and polygamy (article 57). It is an empirical study using conceptual and philosophical approaches. This article finds that most young East Javanese penghulu still need an advocate interpretation paradigm because they read the articles authentically and grammatically, not sociologically or teleologically. The benefit (maslahah) aspect of these articles is also considered to look more authentic. Therefore, the argument of advocates for the rights of persons with a human rights perspective is not widely involved. As a result, persons with disabilities who are guardians of marriage, witnesses of marriage, and wives can become victims of neglect of fundamental civil rights in marriage. It is where the conservative paradigm of the young penghulu comes into being strong and dominant. The existence of the progressive paradigm is also buried and framed in the current conservative paradigm. This finding is certainly an important note about how the government indirectly shapes the contestation of conservative and progressive paradigms in family law.

Implementasi Pemenuhan Hak-Hak Narapidana Pada Lembaga Pemasyarakatan Di Tinjau Dalam Prespektif Hak Asasi Manusia

The aim of this research is to find out how prisoners' rights are implemented in accordance with human rights principles in Merauke class II B prisons. This research is a type of empirical juridical research, using library and field data collection techniques and analyzing data qualitatively-descriptively. The results of the research show that the implementation of the rights of prisoners in the Merauke Class II B prison is carried out based on the provisions of Law Number 12 of 1995 concerning corrections which, when viewed from a human rights perspective, have generally been fulfilled, such as: 1) The right to carry out worship according to religion. or his Trust; 2) The right to receive care, both spiritual and physical; 3) The right to receive education and teaching; 4) The right toobtain reading materials and participate in other mass media broadcasts that are not prohibited; 5) The right to submit complaints; 6) The right to receive wages or premiums for work performed; 7) The right to receive adequate health and food services; 8) The Right to Receive Visits from Family, Legal Counsel, or Certain Other Persons; 9) The right to receive a reduction in criminal period (remission); 10) The right to get the opportunity to assimilate including leave to visit family; and 11) The Right to Obtain Parole.

Leave no one behind: Rethinking policy and practice at the national level to prevent mental disorders

The global burden of mental disorders is increasing, in line with the shift from communicable to chronic non-communicable diseases. Mental disorders affect the functioning of individuals, resulting not only in enormous emotional suffering and diminished quality of life, but also in stigma and discrimination. This burden extends to the community and society, with far-reaching economic and social consequences. Even under optimal conditions, treatment alone will never be sufficient to reduce the global burden of mental disorders, so a shift in focus from treatment to prevention of mental disorders should be promoted at the central level in the form of legislation, policy formulation and resource allocation. Universal and selective prevention programs should be prioritized nationally, as they aim to change the risk profile of the entire population and specifically target populations at risk for mental disorders, respectively. In this article, we review the key risk factors for mental disorders and the measures that can be taken at the national level to prevent them, taking into due consideration that prevention efforts can vary based on the audience they are addressing, level of intensity they are providing, and the life phase they target. By adopting a human rights perspective and placing the social determinants of health at the center of our narrative, we maintain that improving mental health cannot be achieved by strengthening health services alone. Coordination across government departments is needed to implement multi-level public health interventions across a wide range of settings, programs, and policies. Focusing on children's mental health and addressing poverty, gender inequality and social discrimination should be absolute priorities for national mental health policies and plans.

Perlindungan P2TP2A Terhadap Hak Anak Sebagai Korban Penganiayaan Ditinjau Dari Prespektif Hak Asasi Manusia

This research aims to describe and analyze P2TP2A Protection for the Rights of Children Victims of Abuse Seen from a Human Rights Perspective and to analyze the factors inhibiting P2TP2A Protection for the Rights of Children Victims of Abuse Seen from a Human Rights Perspective. The method of this research is empirical. The results of the research show that P2TP2A Protection of the Rights of Children Victims of Abuse Seen from a Human Rights Perspective in Gorontalo Regency is carried out through 4 (four) aspects, namely: (1) the role of the juridical aspect, (2) the role of the legal aspect. psychological, (3) the role of the medical aspect, (4) the role of the mentoring aspect in curative and rehabilitative programs. The inhibiting factors consist of 2 (two), namely: (1) internal factors, including financial resources, human resources, unavailability of counselors and legal assistance, (2) external obstacles, including: people who do not understand the importance of protecting children's rights , attitudes of victims and victims' families, perceptions of victims' families.

Regulatory Framework on Climate Change and the Protection of Cultural Rights in South Africa: A Human Rights Perspective

Regulatory Framework on Climate Change and the Protection of Cultural Rights in South Africa: A Human Rights Perspective

Application of Parlimentary Treshold to the Sustainability of Political Parties from a Human Rights Perspective

Law has close relevance to justice. Elections in Indonesia's democratic state are a process of peaceful transfer of power carried out periodically and per the principles outlined by the constitution. There are times when people want supervision of the government. However, there are also times when people get tired of their representatives who continue to behave because of seemingly unlimited power. One of the issues hotly discussed when approaching the 2019 election yesterday was raising the Parliamentary Threshold. Based on this description, a formula can be drawn: How does the Parliamentary threshold affect the existence and development of political parties? The research method used is Normative Legal Research. Parliamentary threshold is recognized as one of many ways to simplify political parties. However, PT must also be recognized as one of the most effective ways because it does not threaten the existence of any particular political party.

Wife’s Right To Maintenance And Human Right: Concerns And Issues

In the context of family law in India, maintenance refers to the legal obligation of a person to provide financial support to their spouse, children, or dependent family members. This obligation arises in situations where individuals are not able to support themselves adequately due to factors like marriage, separation, divorce, or other family-related circumstances. Maintenance is governed by various provisions in different personal laws, and sought through legal proceedings, typically maintenance order issued by a court. Exploring the human rights perspective on a wife's right to maintenance in the context of Indian law and society is crucial for several reasons like to evaluate whether existing legal provisions to promote gender equality and non-discrimination, to see whether maintenance laws are consistent with constitutional guarantees of equality, to ensures compliance with international conventions, to identify areas where Indian laws may need reform to align with international standards on women's rights, helps to assess the accessibility of justice for women, emphasises the importance of ensuring that women are not economically disadvantaged post-divorce or separation etc. This paper highlights historical background, legal framework of maintenance laws and their Alignment with International Standard, challenges faced by the women, gaps and shortcomings in the existing legal framework and on the basis of which some recommendations are being made in this paper.