Principles Of Human Rights Research Articles

A Discourse of Capital Punishment in the Islamic Law and Human Rights Law

The death penalty for convicts is an age-old subject to a lot of criticism from various quarters. The implementation of the death penalty is considered inconsistent with the principles of human rights which are principles of international law where countries cannot refuse because of common alignments, namely the right to life. The punishment of m ati raises pros and cons in Indonesian society, some agree with this punishment because the death penalty intends to protect the public interest and not a few oppose it, they argue that the death penalty is contrary to human rights principles. This fact encourages the author to examine the implementation of the death penalty based on human rights and Islamic law, this is because the majority of Indonesians are adherents of the Islamic religion and also because the implementation of the death penalty is still carried out in Indonesia in certain crime cases. To examine this conflict, the author uses a normative juridical method with the conclusion that the death penalty is contrary to human rights because it eliminates the right to life for a person, but the implementation of the death penalty can be justified if the implementation of the death penalty is carried out in order to protect human rights and is also imposed on convicts who commit crimes beyond the limits stipulated in the legislation.

The Legal Status of Women in Islam

The gender difference fueled throughout our history as a species a series of inequalities that were transposed into society in the form of a hierarchical system in which political, economic and religious power was under the auspices of male gender representatives, and social and family relationships were outlined around the concept of subjugation of women, the so-called „patriarchal society” in which roles in society were clearly defined, and deviations from archaic norms were sanctioned with public opprobrium. The role of women in society is a topic that has been intensely debated in the last century, especially in the West, where the cultural model of the obedient housewife has been supplanted by the feminist view that men and women are intellectually and spiritually equal. and are in equal positions in society, and the archaic roles are no longer admissible in a context where a unitary evolution of society is desired, an evolution that cannot be achieved by maintaining a discriminatory system, inconsistent with the fundamental principles of human rights. On the other hand, in certain areas of the East, archaic social and family models dominated by men are still preserved. The issue of women's rights in Islamic society is a current topic, the Islamic feminist movement catching echoes in most Muslim states, but also in the West, where equality activists have brought to the attention of international public opinion the situation of respect for women's rights.

Hak Asasi Manusia Dalam Perspektif Islam


 The research entitled Human Rights in an Islamic Perspective seeks to reveal human rights in the context of Islamic perceptions in the era of Islamic research, as well as what perceptions humans face when exercising human rights. Descriptive qualitative research method was used. According to the research findings, human rights in Islamic perception include the following things: glorifying and providing maximum protection, so that human existence is fully maintained and protected, as well as the realization of public and individual interests based on a balance of rights and obligations. In Islam, human rights are determined transcendentally for the benefit of the people through Islamic law which is revealed through revelation. As sources of Islamic law, the Al-Qur'an and As-Sunnah uphold human rights. Long before the world community thought about it, the Qur'an has established the principles of human rights, truth and justice as the main source of law for Muslims, and the protection of human rights in Islam, including: (1) the right to life, (2) right to freedom of religion, (3) right to justice, (4) right to equality, (5) right to education, (6) right to freedom of expression, and (7) property right. .
 Keywords: human right, Islamic perception

Terapia ocupacional e socioeducação: uma trajetória institucional de acompanhamento de adolescentes e jovens durante quatro décadas

Abstract The Adolescent Guidance Center of Campinas (COMEC), a civil society organization, has adopted, as pillars of assistance since its foundation in 1980, the guarantee of the fundamental principles of human rights and the promotion of social education as a tool of intervention and transformation. Its history of providing open-setting follow-up for adolescent and young offenders and their families precedes the assumptions and guidelines of the Statute of the Child and Adolescent (ECA) of the Unified Social Assistance System and the National Socio-Educational Assistance System. COMEC has become a reference in the municipality of Campinas, state of São Paulo, Brazil in the execution of socio-educational measures of Assisted Liberty (AL) and Provision of Services to the Community (PSC) through the development of solid work in the field of social assistance. This study aims to present the trajectory of occupational therapy at COMEC from 1984 to 2022 through a university teaching-extension partnership conducted by the Occupational Therapy Course of the Pontifical Catholic University of Campinas. Since then, occupational therapists have composed the technical teams of AL and PSC as essential reference professionals to develop this work, as well as assumed management activities. Occupational therapy has contributed, in a powerful and diversified way, to offer a follow-up to adolescents, young people, and their families, and has accumulated experiences in the execution of socio-educational measures that can contribute to its repertoires of action.

Abuse of Human Rights in Myanmar: An Urgent Appeal to Reinterpret the ASEAN Non-Interference Principle

Myanmar highlights the international community's worry over ASEAN's failure to protect the human rights of the country's citizens. Numerous stakeholders, including scholars and observers, consider the non-interference principle as the bedrock for interstate relations in the region to be the greatest barrier to ASEAN's intervention in Myanmar. Using the method of doctrinal research, this article investigates the junction of the concept of non-interference as the spirit of state sovereignty and the principle of human rights in the context of Myanmar. This article claims that the reason why human rights cannot be enforced in ASEAN, as in the case of Myanmar, is because ASEAN adheres to the principle of non-interference in the traditional expression of state sovereignty, thereby making the state the dominant actor and denying the existence of people. This article proposes that ASEAN shift its understanding of state sovereignty from the traditional to the human rights perspective, which has become a universal view that places humans as the ultimate sovereigns of a country.

Methodological Proposal for the Assessment of Company Sustainability in Transport Logistics

The sustainability of companies is a principle that is increasingly defining their development and growth, with the valuation of the market and products and services, having the principles of the United Nations Global Compact as the guidelines for achieving sustainability. In the case of a logistics for a transportation company, it is necessary to carry out a diagnosis of performance to then establish an action plan that aims at its sustainability, called Sustainable
 Plan for Transport Logistics (SPTL). Therefore, the objective of this work was to develop a methodology for the diagnosis, allowing the company to classify its sustainability and guide it in the elaboration of the action plan in the short, medium and long term of the SPTL. The principle was to develop an objective method to classify the level of sustainability of a company based on a final score, determined by means of parameters modified from the principles of the
 UN Global Compact, called "principles of sustainability". The method was then applied to a transportation company located in the Northeast of São Paulo. We conclude that the proposed method allowed us to classify the company's sustainability as moderate, as well as to identify the points that need action to achieve full sustainability, acting with respect to the principles of human rights and labor, environment and anti-corruption.

Towards Equitable Access to Justice Through the Provision of Legal Aid as A Form of Law Enforcement and Human Rights in Indonesia

The provision of legal aid is a call from the side of the humanitarian aspect to help fellow human beings. This study aims to determine the legal aspects of providing legal aid as a form of law enforcement and human rights in Indonesia in order to achieve equitable access to justice. The method used in this research is normative juridical, with a library research approach. Data collection uses secondary data with qualitative descriptive data analysis methods. The results of this study, namely the provision of legal aid in essence in law enforcement is one of the factors in realizing law enforcement in Indonesia, namely upholding the values of truth and justice as one of the legal ideals based on equality before the law. The provision of legal aid is also an interpretation and implication of the principles of human rights itself, namely equality and the prohibition of discrimination.

A blueprint for a new model of sexual and reproductive health care in subspecialty medicine.

A blueprint for a new model of sexual and reproductive health care in subspecialty medicine.

Rights and representation support justice across aquatic food systems

Injustices are prevalent in food systems, where the accumulation of vast wealth is possible for a few, yet one in ten people remain hungry. Here, for 194 countries we combine aquatic food production, distribution and consumption data with corresponding national policy documents and, drawing on theories of social justice, explore whether barriers to participation explain unequal distributions of benefits. Using Bayesian models, we find economic and political barriers are associated with lower wealth-based benefits; countries produce and consume less when wealth, formal education and voice and accountability are lacking. In contrast, social barriers are associated with lower welfare-based benefits; aquatic foods are less affordable where gender inequality is greater. Our analyses of policy documents reveal a frequent failure to address political and gender-based barriers. However, policies linked to more just food system outcomes centre principles of human rights, specify inclusive decision-making processes and identify and challenge drivers of injustice.

The Perils of Progressive Jurisprudence: The Nullum Crimen Sine Lege Principle in International Criminal Law

Abstract The nullum crimen sine lege principle is a fundamental principle of human rights, prohibiting both retroactive application of crimes as well as expansive interpretations and extensions by analogy. Yet throughout its historical evolution, from the emergence of novel crimes in the Charters of the International Military Tribunals at Nuremberg and Tokyo, to the expansive interpretations of such crimes by contemporary jurisdictions such as the ICTY, ICTR and ICC, international criminal law has been characterized by a privileging of substantive justice over the principle of legality. From filling normative lacunae to evolutionary adaptation of existing norms, the humanitarian interests underlying the criminalization of atrocities is often invoked to justify progressive jurisprudence. The paper considers whether this sensibility is a cause for celebration or a cause for concern, and whether the nullum crimen sine lege principle should be applied less strictly in the context of international criminal law.

Counter hegemonic representation of Islamic media in Indonesia on death penalty issue

<p class="MediumShading1-Accent12"><span lang="IN">During the first two years of Jokowi-Jusuf Kalla Government (2014-2015) in Indonesia, precisely 18 death row inmates who were guilty of drugs had been executed. The government believed that death penalty is the effective solution to overcome the high rate of narcotics crime. It becomes an interesting case due to the pressure of hegemony of the European Union over the government of Indonesia. One of the major national media in Indonesia, namely Republika.co.id, supports the implementation of death penalty. This studied aims to reveal the counter-hegemonic representation of Republika.co.id in opposing the hegemony of the EU related to the issue of Human Rights, particularly death penalty. This study applied Critical Discourse Analysis by Norman Fairclough and critical theory of Hegemony by Antonio Gramsci. The result shown that Republika represents counter-hegemonic in its reporting since it rejects the EU’s attitude considered to impose its standard principles of human rights on Indonesia.</span><strong></strong></p>

Communication Skills with the Unsighted and Visually Impaired During Medical Interview - Mosul, Iraq

Background: Disability is any restriction or lack of ability to perform an activity (WHO, 2022). The numbers of visually impaired persons globally was 285 million during 2020 and grows by up to 2 million yearly (Jabnoun et al., 2016). They receive the least benefits from health care services (Pratt et al, 2018). Realizing the principles of human rights regarding health care provision (Duffly, 2022), communication is an important human feature during the medical interview (Ben-noun, 2014) and it is very important to deliver a useful health service in any health system (Kaplonyi, 2017). It has been noted that unsighted persons suffer from communication problems with health care providers that affect their health care. Aim: To identify needs of unsighted persons during the medical interview. Materials and Methods: This study was done in Um Al-Rabean Development Foundation for Blinds and Purblinds in Mosul, Iraq, using a case series study design from January1 to February 1, 2022. Sixty-seven blind (unsighted) persons. Data were collected by using an electronic data collection Google form consisting of two axes, the 1st one included the demographic information of the study sample, and the 2nd one included the doctor- communication skills followed during the medical interview with the unsighted patients. Results: This study revealed that the participants’ response rate was equal among both sexes. Most of them were aged 18 years and above and about one third were married. The percentage of celibacy was high, about 58.2%. Only (44.8%) of respondents had access to education, and the percentage of government employees was very low at 26.9%. The doctors’ communication skills followed during the medical interview with the participants were weak; more than half of doctors did not introduce their names, lower their voice, or give enough time for the patient to present their problem; adding to that, 74.6% did not shake hands with patients (before the COVID-19 pandemic). 20% of doctors did not assist during seating, only one third asked permission before giving help, and only 25.4% of doctors treat unsighted patients as normal persons. Roughly one fifth of doctors called the participants by their names more than once. Conclusion: Training of doctors in communication skills techniques concerning this group is seriously needed. We recommend broader research work on a larger sample to study this topic from the point of view of doctors and patients.

Collective guilt, individual and prospective responsibility

Beginning with a brief presentation of the historical data and conceptual issues that have led to the emergence of the doctrine of the notion of Transitional Justice, I will describe the orientation adopted in two paradigmatic historical contexts, the Nuremberg trial at the end of the Second World War and the post-apartheid reconciliation process in South Africa. Supported by documents from International Human Rights Law and other international legal sources (Rome Statute) I will then offer a provisional definition of what I call a Critical Transitional Justice. The conclusion highlights how the relationship between retrospective and prospective responsibility today is not exclusionary: as central principles of Critical Transitional Justice, they contribute in conferring normative legitimacy to transformative processes of adapting the international system to compliance to general principles of human rights.

معوقات الإدارة الإلكترونية للخدمات الأمنية الجماهيرية من منظور حقوق الإنسان

The development of public security services depends on multiple aspects, such as the personal aspect, which appears in expanding the performance and experience of the service provider. On other hand, there is the material aspect Can be found the development of production place and service distribution as well as the service itself. Finally, the substantive procedural aspect is represented in the procedures of obtaining the service and the instructions that regulate it from the administrative authorities. The first and the second aspects are taken care of through the state’s financial support within its general budget, and the interest of human development and training experts. Therefore, the substantive aspect, that is about the procedure facilitation and the organization of the instruction in obtaining the service, has become a public demand assured by all field studies, these studies have recommended several methods to ease those procedures in the shade of traditional administration, they have shaped a hierarchy in which the digital transformation and E-management, for public security services, were found on top of it. The principles of human rights are reinforced by these methods except that the use of technology is a double-edged weapon, the study found that, despite the advantages, disadvantages would be found, which might result in an infringement of human rights, which requires that the transition to digital coincides with society’s preparation for this transformation by carrying out legislative, economic, and cultural transformations in the infrastructure of the state.

Urgency Public Data Protection Based on Data Leakage Cases at The Indonesian Child Protection Commission

Privacy is the essential thing regulated in Human Rights. As a country that recognizes human rights, Indonesia is a state that adheres to the principles of human rights and also recognizes that privacy is a human right that the state must protect. However, no law addresses the issue of public data protection in Indonesia comprehensively. On Monday, October 18, 2021, data leaks on the identity of the complainant and underage victim, case summary, and mediation results were found. It has at least two significant impacts, firstly it can impact the inhibition of KPAI's performance due to public trust, and secondly, it will have a worse impact on victims and whistleblowers, both physically and mentally, because this can trigger predatory movement. The research method used is normative legal research based on secondary data library research which is descriptive, evaluative, and prescriptive. Several approaches are used, namely the legal and conceptual approach, in an attempt to answer the first question, the point of contact between an individual and state interest, and a comparative approach to answer the second problem regarding the dynamics of personal data protection arrangements in the problem of data leakage experienced by KPAI. Therefore, Indonesia needs to immediately legitimate the Draft Law on Public Data Protection (RUU PDP) so that the urgency of the legalization of public data protection can be immediately resolved.

Principles of human rights in the light of international law - study of the Jordanian situation in accordance with international standards

This study aimed to identify human rights principles in light of international covenants and Jordan as a case study, as human rights include all human rights: civil, political, economic, social, and cultural.One of the most important international treaties in the field of human rights is the Universal Declaration of Human Rights of1948, in which its thirty articlestouched upon the fundamental rights and freedoms of all peoples.Where theinternational conventions for the protection of human rights to which Jordan has acceded are the Convention against Torture and Cruel, Inhuman or Degrading Punishment, the Convention on the Rights of the Child, the Geneva Convention to End Human Rights Violations, and the United Nations Convention of 2015 for human development and environmental protection. As for Jordan in this matter is committed to international human rights charters, declarations, and treaties. Jordan has also ratified international conventions and treaties related to human rights, creating specialized centres that are concerned with human rights and freedoms, and cooperating with international, regional, and local organizations working in the field of following up and promoting human rights concepts in Jordan, monitoring their implementation, and responding to,therefore, Jordan established the National Center for Human Rights in 2003 AD to promote the principles of human rights. Therefore, the research problem is arises when these rights are applied. This study came to address this problem by answering the following question: What are the principles of human rights in light of international conventions.. Keywords: Human Rights Principles, International Treaties,international law, international relationship, Jordan. DOI : 10.7176/JLPG/121-08 Publication date :June 30th 2022

Domestic Peacekeeping Practices in the Tamale Metropolis

This article contributes to understanding local security practices in urban Africa by examining links between international peacekeeping and local policing in Tamale, the capital of Ghana’s Northern Region. It uses the concept of assemblage to suggest that while experiences, skills and lessons gained from consistent engagement in United Nations peacekeeping may be detected in local policing in Tamale, their effects on everyday policing are in practice limited. This is due to the central role of traditional authorities in local security and general political interference in police matters. Local policing in Tamale is an assemblage of formal (police and military) and informal (chiefs and community leaders) security arrangements, with the latter, especially, dictating how crimes should be dealt with. This makes it next to impossible for the police to do their job without interference. The article examines how non-state or traditional actors shape policing and security provision in Tamale, and what space is available for police officers to use the skills they believe they have learned in peacekeeping missions. The paper shows through empirical analysis how local policing is shaped more by kinship and politics than international principles of human rights and democracy.

Never Waste a Crisis” Post 2019 Pandemic Regional Architecture of the Black Sea Region

After the Covid-19 global pandemic, the geopolitical significance of the Black Sea Region (BSR), with changing resources and distribution of power,has changed opening renewed scope of engagement to both internal and external actors. Since 2019 as the epidemiological crisis has been strengtheningnation-states, showing the weakness of international organizations, and raising doubts about the extent to which international society is fulfillingits declared values and principles of human rights and ethics, it has spread new perspectives for countries around the Black Sea.This article explores the strategic importance of the BSR for the six coastal states of Georgia, Ukraine, Russia, Turkey, Bulgaria, Romania and theirpolicies since 2019. It further explores the strategies that they are using vis-à-vis each other to assert their influence in the region. The article arguesthat the BSR, due to its strategic and transit location, being the subject of interest of several actors has been affected by an unequal distribution of thebalance of power since 2019. Russia, Turkey, the United States of America (US), NATO and the European Union (EU) member states, being particularlyactive, continue playing significant roles in the region affecting its political milieu. The interplay of these policies is reflected in coexistence as wellas confrontation among the BSR countries. Since the collapse of the Soviet Union, Russia’s power, standing out from other actors, with its aspirationswithin the region is increasing after the Covid-19 pandemic. Along with Russia, Turkey has also relative strength and a military advantage comparedto other countries in the region. Pandemic has opened up additional opportunities for Russia’s domestic and foreign engagement in its near abroadof the BSR, making it one of the principal architects of the post-crisis world order. “Never waste a good crisis” – these words attributed to WinstonChurchill are relevant for the BSR today as never before reflecting Russia’s policy that neither Russia nor other state has missed during the systemiccrisis triggered by the coronavirus pandemic in terms of rethinking their regional and global policies.Considering this constellation, the first part of this article discusses

Between Conservatization and Modernization of Human Rights: A Study of MU's Fatwa on Ahmadiyah

Indonesian Council of ‘Ulama (MUI) has been issuing fatwas since its establishment in 1975. Among all the fatwas, there is the fatwa on Ahmadiyah group that aims to keep the orthodoxy of Sunni away from deviant theology. This study aims to examine the role of MUI in its fatwa on Ahmadiyah from the perspective of Islamic law and human rights. This research is qualitative research with a pattern of normative research through an in-depth study of the arguments of MUI. This fatwa on the Ahmadiyah group is based on two arguments. The first argument is Islamic law based on the Quran, hadith, and ijma’ concerning the exegesis and opinion of classical scholars. The second argument is the restrictions on human rights by arguing that the Ahmadiyah group can be a threat to public order. MUI assumes that every group or theology that is declared as “deviant” and incompatible with Quran, hadith, and ijma‘ is considered as a threat to public order. In other words, MUI still makes the classic literature as a reference for his fatwas, but at the same time, he tries to understand the public order as the principles of human rights. This position shows that MUI has a dual role, namely as the agent of modernization and conservatism in human rights discourse.

British counterterrorism, the international prohibition of torture, and the multiple streams framework

After years of violating the basic principles of human rights in the name of counterterrorism, western democracies have begun to implement extraterritorial safeguards that extend protections under the Convention against Torture to foreigners abroad. The case of the UK and the development of the ‘Principles’ in 2019, however, presents a particular puzzle to policymaking research, as it challenges traditional hypotheses regarding the opening of problem windows within the multiple streams framework. Accordingly, the UK presents an interesting case in which a powerful state willingly engaged in self-restraint, despite little electoral pressure to do so and a persistently high terrorist threat. Drawing on theory-building process-tracing, this article addresses this gap using data from semi-structured interviews with British policy experts to present a refined hypothesis, which can also be applied to policy fields of little public interest and processes of foreign policymaking.