Protection Of Human Rights Research Articles

Variables influencing truth reconciliation commissions to promote post-conflict peacebuilding and statebuilding in Africa: a South African experience

Truth and reconciliation commissions (TRCs) are understood to offer cheap justice, a justice not bound by the law. South African experience in the post-apartheid era shows that they are significant tools for peacebuilding as well as statebuilding. The experience shows that the use of TRCs has created an authoritative record of what happened; enabled the victims to tell their stories without fear or embarrassment, and recommended legislative, structural and institutional reforms that avoided the repetition of past abuses. Successful peace and statebuilding are based on the above in order to achieve sustainable peace. TRCs promote rule of law, human rights protection, and ensure healing and freedom for all. However, the relapses of conflicts and political tensions, intercommunal hatred and divisions in African countries, create more questions than answers. These continuous issues show that TRCs have instead not resolved conflicts. The paper found that TRCs can only lead to successful peacebuilding and statebuilding if there is willingness on the side of the citizens as well as their political leaders. There is need to learn from the South African experience to ensure that TRCs lead to successful peacebuilding and statebuilding. The paper relied on historical research designed to study TRCs in Africa.

Implementasi Peraturan Hukum dan Upaya Represif yang Dilakukan Untuk Menangani Kasus Pelanggaran HAM di Indonesia

This study explores the positive legal perspective that exists in Indonesia on human rights violations. (HAM). As a state of law, Indonesia has a responsibility to deal with various issues related to the public interest, including human rights violations. The findings can be concluded that the legal protection of human rights in Indonesia is naturally contained in the values of the Pancasila before the formation of the specific legal substance regarding human rights. With the method of normative jurisprudence research, this article is titled Implementation of the Law Regulations and Repressive Efforts to Deal with the Cases of Human Rights Violations in Indonesia by the process of collection of literary material through scrutiny, analysis, and systematic compilation of findings. The aim of this study is to examine in depth how the law is applied to cases of human rights violations in Indonesia as well as what the government is doing as a repressive effort to resolve human rights cases in Indonesia. The findings can be summarised by the fact that every country continues to strive to enforce human rights through different systems and actions, including Indonesia. In Indonesia, human rights issues are dealt with through various methods, including consultation, negotiation, media, and consultation. Governments should focus on dealing with the needs and conditions of the people, not just legal issues. Human rights issues in various regions are dealt with through various strategies, such as national and international mechanisms, the Commission on Human Rights, non-judicial machinery, and the Indonesian Human Rights Commission.

The UDHR at 75: Analysing the Prevalence of the Use of the UDHR and Other Human Rights Treaties in the Work of the Constitutional Court of South Africa

South Africa’s democracy turned 30 years old in 2024. At the same time, its constitutional order and jurisprudence marked three decades since the Interim Constitution and its successor, the 1996 Constitution, came into operation. Coincidentally, the Universal Declaration of Human Rights (UDHR) turned 75 years old in the previous year, 2023. The confluence of these facts is quite poignant in the context of a constitutional text that is often lauded for its commitment to the protection of human rights and the eradication of the injustices of the past, which were firmly entrenched by the segregationist policies of the apartheid regime. At the centre of this hype about South African constitutional jurisprudence is the centrality of international law to the interpretation of the Bill of Rights as well as the development of the common law, customary law, and statutory law. With the UDHR being such a central pillar in the human rights sector, this study set out to determine the extent to which the Constitutional Court of South Africa relied on the UDHR and other international instruments in carrying out the mandate set out above. The study analysed cases delivered by the Court in two separate years, spaced ten years apart. The study did not necessarily attempt to determine a correlation, but simply to use descriptive statistics to determine how often, in those two years, the Court relied on international law in general, and on the UDHR in particular, in its interpretive and legal development mandate.

Understanding Digital Rights in An Era of Digital Politics in Africa

As more African countries connect their citizens to the Internet and other digital technologies in a bid to improve services, questions are being asked about the protection of human rights for nationals online. The wake of the COVID-19 pandemic forced many countries on the continent to search for alternative ways to provide services. Varying national shutdowns also impacted democratic processes like elections and accompanying actions such as voter registration and campaigning. This paper aims to assess the trends and challenges around the implementation of digital rights and propose the way forward for scholars and practitioners promoting digital rights. Data was collected using desktop research to identify and assess common themes and differences across the continent. The results show that as technologies continue evolving at a fast pace, it is fundamental for African governments to reassess and adapt their laws to maintain and protect the rights of their citizens online.

Juridical Analysis Of Human Rights Protection For Indonesian Migrant Workers Shipped Illegally

Juridical Analysis Of Human Rights Protection For Indonesian Migrant Workers Shipped Illegally

Woman and Human Rights in Nigeria: A Study of Delta State

The Constitution of the Federal Republic of Nigeria 1999 chose certain rights to protect under chapter IV and termed them as Fundamental Rights. These rights protected not only by the Constitution, but also by the African Charter on Human and Peoples Right. Whenever there are breaches of these fundamental rights, the law provides a procedure for their enforcement, which is the Fundamental Rights (Enforcement Procedure) Rules 2009. The basic objective of the 2009 Rules is to facilitate enforcement procedure by removing some of the impediments in 1979 rule. Unfortunately, it is clear that the procedure for enforcement of Fundamental Rights is still bedeviled by delay. Many applications alleging serious human rights violations are routinely struck out or dismissed. However, the pertinent question is: to what extent are the human rights provision in these legal instruments realized or enforced as it relates to the women folk? It is worthy of note that there are equally other important impediments in the realization of the objective of Fundamental Rights (Enforcement Procedure) Rules 2009, such as the distinction between main claim and ancillary claim in the Nigerian fundamental rights, because litigants are cautious of whether or not their will succeed because of this distinction. This research examines Women and Human Rights in Nigeria. This research made an in depth analysis of the rules and considered to what extent it achieved its objective in order to enhance a robust human right regime as it relates to the women folk. To achieve a close -to- accurate" if not accurate result, the research embarked on a field work. To this end, empirical method of research is used. This research found out that the Fundamental Rights (Enforcement Procedure) Rules 2009, though has brought tremendous changes in the field of human rights protection (e.g the abolishment of locus standi and leave, is still faced with some major setback like the issue of principal and ancillary claim in the enforcement of fundamental rights and the jurisdiction of the National Industrial Court which is not clear in the rule. The work recommend that Courts should do away with the dichotomy between principal and ancillary and the definition of courts in the Rule should include the National Industrial Court.

ADDRESSING HUMAN RIGHTS VIOLATIONS IN THE CRIMINAL JUSTICE SYSTEM OF KAZAKHSTAN: THE ROLE OF THE PROSECUTOR'S OFFICE AND A CALL FOR LEGISLATIVE REFORMS

Background: Human rights violations within the criminal justice system represent a pervasive problem. International human rights agreements and national laws clearly assert the absolute protection of human rights. However, despite these strong legal principles, human rights violations frequently occur within the criminal justice system. This article examines the problem of human rights violations in the criminal justice system of Kazakhstan and the role of the prosecutor's office in protecting human rights. Methods: This study utilised documentary analysis and secondary data analysis methodologies to conduct a detailed examination of legal acts, international agreements, and policy documents It specifically reviewed documents including the Universal Declaration of Human Rights (UDHR), the Constitutional Law “On the Prosecutor's Office”, the Concept of Legal Policy of the Republic of Kazakhstan up to 2030, and human rights reports from international bodies such as Amnesty International, Human Rights Watch, and Freedom House. The study also analysed reports from the Ministry of Justice and the Commissioner for Human Rights of the Republic of Kazakhstan. Results and conclusions: By analysing international human rights treaties, national legislation, and reports from leading human rights organisations, the study exposes significant discrepancies between legal mandates and actual practices. Despite Kazakhstan's formal commitment to international human rights standards, it reveals systemic issues, including instances of human rights abuses in criminal justice. The study highlights the critical role of the prosecutor's office in human rights protection while also pointing out the challenges in effectively fulfilling these responsibilities. The findings stress the importance of legislative reforms for enhancing the protection of human rights in criminal justice. The study is particularly relevant for policymakers, human rights advocates, and scholars interested in the intersection of law enforcement and human rights protections, offering insights that could guide future improvements in criminal justice practices.

Access to justice as an element of the rule of law in the modern democratic state

The article examines access to justice as an element of the rule of law in a modern democratic state. The issue of securing access to justice in the legislative practice of countries is detailed. Practice is analyzed, where access to justice is considered as an opportunity for any interested person to go to court without hindrance and participate in the legal process at all its stages. At the same time, it is emphasized that such access implies access to national and international justice systems. This significantly contributes to a person’s ability to defend himself against encroachments on his rights, compensation for damage caused by offenses and self-defense in criminal proceedings. It is proven that access to justice is increasingly included in the international and national practice of states and begins to occupy an important place in the organization and functioning of the judiciary. It is noted that today the concept of access to justice does not have a unified approach to its understanding in the circles of the scientific community. The development of this issue continues for a considerable period of time. Long-standing discussions give reasons to testify that access to justice is an extremely broad concept that can be distinguished as a separate concept, principle or right. It is emphasized that in this context it is extremely important to emphasize the mechanisms of human rights protection, that is, its application to those categories of the population that do not have the opportunity and resources to go to court. In view of this, it is extremely important to apply the principle of equality before the court in practice. This will make it possible to ensure equal access to the trial for all participants in the process. The international experience of access to justice and its generalization in legal practice is analyzed. It is noted that international law has singled out an important component of access to justice, which is the right to access international mechanisms for ensuring the protection of human rights. It is emphasized that the justice system can use the norms of international law, including anti-discrimination norms. The key in this process is ensuring access to justice, which is an important basis for the conclusion of international treaties and the effective functioning of international human rights organizations.

Legal Protection for Suspects in the Investigation Process of Terrorism Criminal Acts in Order to Fulfill Human Rights n the Region of the Riau Islands Police

The background of this study is the high number of terrorism cases in Indonesia that require strict law enforcement measures but must still respect human rights. Legal protection for suspects in the investigation process is crucial to ensure a fair legal process and in accordance with human rights standards regulated in various laws and regulations, including the Criminal Procedure Code, Law No. 5 of 2018, the 1945 Constitution, and Law No. 39 of 1999.The purpose of this study is to analyze the implementation of legal protection for suspects of terrorism crimes in the Riau Islands Police area, identify obstacles faced in implementing this protection, and formulate solutions to overcome these obstacles. The research method used is the empirical legal method, with a qualitative approach involving data collection through interviews, observations, and document studies.The results of the study indicate that the implementation of legal protection for suspects in the Riau Islands Police area is still less than optimal. The main obstacles identified include abuse of authority by law enforcement officers, lack of resources and capacity, and social stigma and discrimination against suspects. Abuse of authority often occurs in the form of unprocedural arrests and detentions, while limited resources result in a lack of adequate equipment and training for officers. Social stigma worsens the situation by hindering fair and humane legal protection. Based on the results of the study, it is recommended that supervision and accountability for the actions of law enforcement officers be strengthened, training and capacity building for officers be carried out continuously, and anti-stigma education and campaigns be carried out for the community. These steps are expected to increase the effectiveness of human rights protection for suspects, so that the process of investigating terrorism crimes can be carried out more fairly and in accordance with the principles of law and justice.

Scandinavia and the 1968 International Year for Human Rights

ABSTRACT The article explores the Scandinavian countries’ contributions to the United Nations’ 1968 International Year for Human Rights (IYHR) based on archival research in Sweden, Denmark, and Norway. It traces how the three countries launched national campaigns to commemorate the Universal Declaration of Human Rights and participated in the International Human Rights Conference in Tehran. This engagement with the IYHR occurred at a time when the Scandinavian countries were elevating human rights concerns in their diplomacy as part of a new foreign policy activism. The article demonstrates that the commemoration campaigns spawned numerous activities to raise awareness of human rights issues and spurred reflection on the state of human rights at home and abroad. At the Tehran conference, the Scandinavian countries failed to strengthen international protection of human rights as the concerns of Global South countries dominated the agenda. The analysis confirms two general aspects of the Scandinavian approach to human rights: their emphasis on mutual coordination and their preference for robust civil society involvement. The article concludes that the comprehensive national commemoration campaigns facilitated broad civil society engagement with human rights, but that the IYHR did not transform Scandinavian human rights policies.

The concept of discrimination, its forms and manifestations in accordance with the practice of the European Court of Human Rights

The paper examines the application of Article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which prohibits discrimination. The author highlights the absence of a clear definition of "discrimination" in the text of the Convention, which complicates its interpretation. Examples from case law, such as the "Belgian Linguistic case" and "Sidabras and Džiautas v. Lithuania", illustrate different approaches to interpretation of the concept of discrimination. The following forms of discrimination are discussed: direct, indirect, discrimination by association, and positive actions. The necessity of considering the specific circumstances of individual cases for objective and reasonable court decision to be made is emphasized. The paper describes how the European Court of Human Rights protects the rights of individuals affected by discriminatory measures or actions, particularly in the context of education, employment, religion, etc. For instance, in the "Belgian Linguistic case," the Court preferred the English version of the Convention's wording, warning against a literal interpretation of the French version that could lead to excessive prohibition of any differentiation. Additionally, the "D.H. and Others v. the Czech Republic" case illustrates the Court's approach to indirect discrimination and the importance of assessing the impact of state measures on specific groups. Positive measures, such as those highlighted in "Horváth and Kiss v. Hungary," demonstrate the Court's stance on the state's obligation to address systemic issues and provide effective protection against discrimination. The analysis underscores the broad scope of Article 14 and the role of the European Court of Human Rights in ensuring non-discrimination across various spheres.

Indonesian Criminal Justice System and Human Rights Protection

The criminal justice system in Indonesia has several components, including the Police, Prosecutor's Office, Court, Corrections, and advocates. In running the justice system in Indonesia, several components must comply with human rights, including the protection of human rights for perpetrators and human rights for victims.

THE FORM OF GOVERNMENT OF A DEMOCRATIC STATE ON THE BACKGROUND OF CRISIS POLITICAL AND INSTITUTIONAL DESIGN

The article is devoted to the study of the peculiarities of the form of government as a structural basis for the exercise of power, formed within the framework of constitutional law, under the condition of representation of the main socio-economic groups of society. The purpose of the study is to establish the peculiarities of the form of state government as a factor in the formation of democratic institutional design. Features of the form of government as a factor of institutionalization of relations between authorized centers of power are characterized. It was emphasized that the modernization of the form of government in the political agenda may indicate a lack of deep consensus regarding the development of the political system. The significance of changes for institutional design within the evolution of the form of state government, which depends on the level of satisfaction of the requirements and needs of key political players, is analyzed. The significance of the political experience of Ukraine, which during the last decades has shown that political expediency is a more significant principle than considerations of preserving constitutional stability, is revealed. It was found that the existence of the current form of government in Ukraine is the result of the evolution of certain institutions, first of all, the institution of the presidency. In the context of the experience of the countries of Central and Eastern Europe, the assessment of the crisis phenomena of 2008 and 2010 becomes important, in particular the pressure of the demands of socio-economic balancing, which caused the “internal national reading” of the functioning of the form of government. It is revealed that the use of the existing potential of the form of government to ensure advantages in political competition led to the authoritarianization of the institution of the prime minister in modern Hungary. It has been proven that the international community’s fixation on the deterioration of the state of human rights protection has become a clear evidence of the influence of the form of government on inter-institutional interactions, in particular, in increasing the pressure of public authorities on civil society. It was established that the contradictions between high standards and the demands of the consumer society caused the support of right-wing conservative populist political forces. It was found that the situation in modern Slovakia shows that the parliamentary republic as a form of government also ensured the transition to democracy and the observance of democratic procedures. It was established that the trends of “non-normative” use of the power potential of the form of state government may indicate the search for a national model of balance between branches of government and key officials. It was concluded that a high level of self-regulation in the political system corresponds to a high level of civil political activity, responsibility and consensus of political elites, professionalism of the political class as a whole.

Signs of the subjective side of murder as a typical legal construction

The basic law of our state enshrines the conceptual provision, according to which human rights and freedoms and their guarantees determine the content and direction state activities. And therefore the protection of a person from criminal offenses, the protection of his rights, freedoms and legitimate interests is one of the most important tasks of state policy. One of the most important issues in the application of the criminal law is the definition of which one the criminal offense was committed by a person and under what criminal law the offense is foreseen. This issue is resolved in the process of criminal qualification Offenses Demarcation of the components of individual criminal offenses is important significance in the process of carrying out criminal-legal qualification. Meaning of legal practices, precedents and doctrines of criminal law for proper qualification criminal offenses are difficult to overestimate. The subjective side of criminal offenses (crimes, criminal misdemeanors) is an important part application of the law on criminal liability. The demands of today require a clear understanding of the theory of the subjective side of the criminal offense and practice. The modern stage of the development of the domestic science of criminal law and process determines the need for further research of scientific views on the theory of qualification criminal offenses and their successful application by law enforcement agencies, which will unconditionally contribute to the correctness and unity of judicial practice in solving tasks criminal proceedings. At the same time, ensuring the unity of practice is implementation the principle of legal certainty, which is embodied in compliance with general principles criminal proceedings established in Art. 7 of the Code of Civil Procedure, by means of the same application specific rule of law in similar legal relations. Correct qualification of a criminal offense for a committed socially dangerous act is mandatory a condition for the administration of justice in accordance with the law and one of the guarantees of compliance the convention requirement of the human right to a fair trial, provided for in Article 6 of the Convention on the protection of human rights and fundamental freedoms of 1950. Key words: murder, subjective side of criminal offenses (crimes, criminal misdemeanors), theory of qualification of criminal offenses, qualification criminal offenses on subjective grounds, court practice.

INTERNATIONAL EXPERIENCE IN USING INNOVATIVE TOOLS OF STATE FINANCIAL CONTROL OVER ILLEGAL FINANCIAL FLOWS

Effective financial control often requires cooperation between countries and international organizations. The study of international experience contributes to the development of mechanisms of international cooperation and information exchange to combat illegal financial flows. The article examines the international experience of using innovative tools of state financial control to combat illegal financial flows. Emphasis is placed on the analysis of modern practices in countries with developed systems of financial control, such as the USA, Great Britain, Germany, France, and Japan. The main tools used to detect and prevent illegal financial flows are described, including automated transaction monitoring systems, analytical platforms based on artificial intelligence, as well as methods of a risk-based approach to auditing. Special attention is paid to the role of international cooperation and information exchange between financial institutions of different countries, which allows more effective detection and termination of activities related to money laundering and terrorist financing. The article also analyzes the legal acts that regulate the use of innovative financial control tools in different countries and their compliance with international standards, such as FATF recommendations. The challenges and risks associated with the introduction of the latest technologies into the financial control system, including issues of data confidentiality and protection of human rights, were studied. The analysis of indicators and methods of assessment of illegal financial flows was carried out, the formation of illegal financial flows in modern globalized conditions was analyzed, the experience of other countries with regard to state financial control and its effectiveness was studied, innovative approaches and technologies that could be used to improve the financial control system and the possibility of their implementation of financial control in Ukraine. In addition, the evaluation of the effectiveness of the proposed innovative tools in the fight against illegal financial flows was carried out and the need for the development of such an assessment methodology, which would allow measuring the real impact of new technologies on reducing the volume of illegal financial flows, was substantiated.

Dynamics Of Legal Policy On Radicalization And Deradicalization Of Terrorism Prisoners

The deradicalization program for terrorism prisoners is a crucial initiative in an effort to reduce the threat of terrorism in Indonesia. In this context, Law Number 22 of 2022 concerning the Prevention and Eradication of Terrorism is the legal basis that regulates various strategic aspects of this effort. This study aims to analyze the implementation and challenges in the deradicalization program of terrorism prisoners, focusing on the political aspects of law and its relevance in the international context. The research method used is a literature study to collect data and information related to the implementation of the deradicalization program, as well as policy analysis related to Law No. 22 of 2022. The results show that the deradicalization program of terrorism prisoners in Indonesia faces a number of challenges, including policy consistency, political consensus, and human rights protection. Nonetheless, successful international implementation offers views and best practices that can be applied to strengthen Indonesia's capacity to deal with the threat of terrorism. The conclusion of this study highlights the importance of multilateral cooperation, community-based inclusive approach, and human rights protection in the implementation of deradicalization programs. Based on these findings, it is recommended that the government strengthen international cooperation, improve related policies and regulations, improve education and training, and promote the values of moderation and tolerance as part of a sustainable strategy to address the threat of terrorism in Indonesia.

From universal goals to local results: notes for a history of regional human rights protection

From universal goals to local results: notes for a history of regional human rights protection

Evolution of International Legal Standards Regarding Responsibility for Violations of Laws and Customs of War (Second Half of the XIX-th – First Half of the XX-th Century)

This article examines the evolution of international legal standards aimed at defining responsibility for violations of laws and customs of war from the second half of the 19th century to the first half of the 20th century. It emphasizes that war is undoubtedly one of the most dreadful events that can impact people’s lives and society. However, if it is not controlled or conducted in accordance with international norms and standards, its consequences can be even more devastating and catastrophic. Since the beginning of the full-scale armed aggression of the Russian Federation against Ukraine, the term «violation of laws and customs of war» has become widespread. Responsibility for such actions is provided for by Article 438 of the Criminal Code of Ukraine. However, the criminalization of this act is not related to Ukraine’s domestic legal order, as violations of laws and customs of war are an international crime that causes serious harm to people, economic objects, and cultural heritage, creating a high level of societal danger. The article covers an analysis of key international documents such as the Geneva Conventions, decisions of the Hague Conferences, and UN resolutions, exploring their influence on shaping legal norms in this area. It examines changes in legal regulation, their causes, and consequences, as well as the role of specific individuals and historical events in this process. This research is important for understanding past experiences in the context of current challenges and conflicts, as well as for further development of international law and ensuring the protection of human rights during armed conflicts. In conclusion, it is noted that the second half of the 19th and the first half of the 20th centuries witnessed significant development of international legal standards concerning responsibility for violations of laws and customs of war. This period was crucial in shaping the fundamental principles of international humanitarian law aimed at protecting human rights during armed conflicts. As a result of this process, a series of international treaties and conventions were adopted, which established rules of conduct in armed conflicts and mechanisms for accountability for their violations. These standards have been an important step in humanizing war and protecting human rights during armed conflicts.

Legal Horizons of the New Artificial Intelligence Paradigm

Modern society is undergoing a structural transformation of the world economy. This is as a result of the transition to a new technological base through the introduction of artificial intelligence, cutting-edge information and communication technology, energy technology, biotechnology and nanotechnology. Artificial intelligence has the ability to significantly change the economy and social relations in society, and its newly discovered capabilities are transformational and global in nature. At the same time, the extraordinary capabilities of artificial intelligence technologies involve risks that can threaten stability and undermine human values. In order to eliminate possible threats and risks and mitigate potential dangers, it is crucial to develop systemic legal measures and ways to regulate AI technologies and models on a national and international scale and to define the legal status of AI, which must include protection of humans from the uncontrolled influence of AI and the inviolability of guarantees of human rights and freedoms. With this in mind, and in order to mitigate potential dangers and ensure the controllability and sustainability of AI technologies based on the concept of trusted (responsible) AI, it is necessary to agree on universal international guidelines for the development and application of AI technologies and models. Furthermore, it is necessary to create a universal code of conduct for AI developers, who together can create a basis for a uniform framework of legal regulation within the national legislation of each country on the principles of human rights protection, privacy and data protection, transparency and explainability, fairness, accountability and safety of artificial intelligence, adequate human oversight and ethical standards for the creation and application of AI models.

La reparación económica constitucional en el Ecuador. Análisis desde la jurisprudencia de la Corte IDH

The object of study of this paper is economic reparation as one of the components of comprehensive reparation, analyzed in light of the existing juris-prudence of the Inter-American Court of Human Rights on the criteria for deter-mining economic reparation in cases of human rights violations. The subject of study are the victims of such violations and their next of kin, who are entitled to adequate, effective and proportional economic reparation.The temporal context of the research covers the period between 2010 and 2023, which corresponds to the period in which the IACHR Court has issued judgments on economic reparations, while the geographical scope covered is Ecuador, the coun-try taken as the case study. The methodology used is qualitative, descriptive and analytical, as well as comparative. The results of the research point to the need to strengthen dialogue and cooperation between the Inter-American Court and the Constitutional Court for the benefit of victims and the protection of human rights.