Understanding Of Human Rights Research Articles

When political liberalism meets a communalist worldview: John Rawls and African view of human rights

Since the publication of his A Theory of Justice (TJ), John Rawls has revolutionized political philosophy in many ways, including the understanding of human rights. His theory of rights in TJ is drawn from a comprehensive liberal doctrine and is limited to the domestic society. However, his account of human rights developed in his last major work, The Law of Peoples, claims to be politically free standing, following the model of his Political Liberalism. For Rawls, human rights are necessary conditions for social cooperation. They are meant to serve as one of the principles of foreign policy of the reasonable liberal peoples, in their relations with non-liberal societies. Rawls believes that his category of human rights cannot be rejected by non-liberal peoples as parochial or particular to the Western tradition, because they are not based on any comprehensive doctrine. On the other hand, however, many African scholars have dismissed the current international human rights regime on the account of being too liberal, and not corresponding to the African communalist worldview. It is in that regard that The African Charter on Human and Peoples’ Rights and subsequent African human rights instruments were adopted to dress a list of human rights that take into account African history, civilization, and values. Thus, in three main sections, this article examines whether the Rawlsian account and the African view of human rights can enrich each other, or whether they are completely opposed.

Beyond the Veil

This article critically analyzes the Cairo Declaration of Human Rights in Islam (CDHRI) and its relationship with the widely recognized Universal Declaration of Human Rights (UDHR), which guarantees and protects human rights for all regardless of gender, social and economic situations. Adopted by 45 Islamic states in 1990, the CDHRI is often portrayed as complementing the UDHR but is rooted in Sharia Law, leading to tensions between universal and cultural relativist perspectives on human rights. By using Saudi Arabia and Indonesia as case studies to illustrate the various manners the Sharia Law is implemented, this paper illustrates how the law in these countries amplifies social, physical, and structural violence specifically against gender and religious minorities, namely Shia. This highlights the immense disparities between international human rights norms and state-centric patriarchal norms. Additionally, by analyzing the legal frameworks of these states, specifically the Aceh region in Indonesia and Saudi Arabia as a whole, this article emphasizes the complex interplay between universalistic ideals and cultural relativism, emphasizing the need for a nuanced understanding of human rights in diverse cultural contexts.

Mapping the frontiers of sustainable development and human rights as a field of enquiry

The relationship between human rights, development, and sustainable development is not a straightforward one, yet these concepts can be traced to the notion of protecting and advancing human dignity. The rights-based dimensions of sustainable development can be studied in various ways, and this special issue seeks to delve into and challenge the complex nexus of human rights and sustainable development from theoretical and practical perspectives. The contributions in this special issue show that there currently are two main trends in thinking about the relationship between human rights and sustainable development. The first is a ‘harmonious’ understanding of human rights and sustainable development that seeks to find the interlinkages and commonalities which strengthen both. The second is a ‘creative tension’ understanding, that highlights how the concepts challenge each other's underlying assumptions. In addition to the ‘harmonious interpretation’-‘creative tension’ axis, studies in this field can also be organised along a ‘practice vs theory’ axis. Taken together, these axes provide a field of enquiry into human rights and sustainable development in both the so-called ‘developed’ and ‘developing world’ while setting the scene for further research into this rapidly developing field. 1

The Quest for Memory and Truth at the Local Level: University Truth Commissions in Brazil

Abstract: Alongside and in the wake of Brazil's National Truth Commission (2012–2014), local and institutional truth commissions flourished. This article examines one form of those local truth commissions: university truth commission reports. Situating them in the context of both their creation and Brazil's longer history with military rule, it analyzes the ways in which such commissions engage with, reinforce, and challenge national narratives of the military dictatorship of 1964–1985 and the ways in which they contribute new understandings to the military past. In the process, such commissions complicate the collective memory and narratives of military rule while both revealing the limitations of specialized truth commissions yet pointing to the ways in which such commissions can expand understandings of human rights both definitionally and temporally.

The Global Institutionalization of Human Rights Discourse: A Cross-national Analysis of the Language used in the International Labour Conference during the Cold War

ABSTRACT Although human rights discourse has become a central element of international political rhetoric, the process through which it came to reach its contemporary importance is disputed. In this article, that process is examined by conducting a cross-national analysis of the language used at sessions of the International Labour Conference during the Cold War. Although the mainstream understanding is that human rights discourse diffused ‘from the West to the rest’, here it is argued that the global proliferation of human rights discourse can best be explained by the existence of world culture in which actors engage in ‘epistemic governance’. In other words, to advance their own aspirations actors try to shape the way in which others perceive reality by utilizing well-respected values in their argumentation. The values invoked become increasingly institutionalized and thus more useful for epistemic governance, leading to a synchronization of those discourses in international politics. Although actors from different ideological, cultural, and political backgrounds have emphasized different rights and topics when invoking human rights, these invocations almost exclusively drew from the same globally shared understanding of human rights’ importance and essence.

Beyond the Shadow of Adults—Youth, Adultism, and Human Rights in the Contemporary Faroe Islands

This article discusses young people’s human rights situation in the Faroe Islands today by addressing youth participation issues from a cultural adultism perspective. It argues that the local cultural values and intergenerational relations in the family influence the multilayered and shifting nature of ‘Faroese adultism’. My purpose is to explore the ways through which young people are challenging adultism in their everyday life practices: what do they intend to change and what do they wish to sustain in their cultural struggle? This article is mainly based on empirical data from focus group discussions with young participants. The findings reveal that young people from the Faroe Islands—located in the Nordic Atlantic—do not consider adultism to have a negative impact on their wellbeing. This article, relying on theoretical scholarship and ideas from youth studies and island studies, contributes to a more nuanced understanding of human rights in the context of a small (family-oriented) island community in cultural and social transformation.

스포츠 전공 대학생들의 인권에 대한 인식 연구

This study was conducted to present basic data for establishing a human rights education system in the future through awareness of human rights among college students majoring in sports. To achieve this purpose, the differences in human rights awareness, human rights education, and sports ethics center awareness were analyzed through frequency analysis using IBM SPSS 22.0 through a questionnaire targeting 184 college students majoring in sports across the country, and the results were as follows. First, although most students had encountered the word human rights through TV and the Internet, they appeared to lack awareness of the human rights situation. Second, 77.7% responded that they had experience with human rights education, but in response to the need for human rights education, a high figure of over 80% responded that it was necessary or higher. Third, in terms of awareness of the Sports Ethics Center among college students majoring in sports, 78.3% of students responded that they did not know much about it, indicating a lack of overall understanding of the Sports Ethics Center. These results showed that sports majors lack an overall understanding of human rights, so professional human rights education with purpose and content should be provided based on this study.

Confronting Gender-Based Violence: The State's Accountability In Safeguarding Women And Children's Human Rights

This research aims to analyse the conditions and obstacles faced by both groups in the context of human rights violations, as well as provide practical suggestions to improve their protection. The research method used is normative legal methodology, which involves the examination and analysis of legal standards in the literature. A conceptual approach was taken through an exploration of ideologies and teachings that generate legal terminology. Primary and secondary legal materials were collected through inventory, classification, and systematics, with a deduction method for analysis. The results emphasise the need for a comprehensive strategy that considers legal, social, cultural and psychological aspects. The research also suggests the need for cooperation between the government, civil society and relevant institutions to create an environment conducive to the protection of women's and children's rights. The implication of this research is the need for a comprehensive approach in legal policy formulation, which not only focuses on legal aspects but also considers social, cultural, and psychological factors. The research emphasises the importance of increasing public awareness and understanding of human rights, as well as the need to strengthen legal and policy institutions. There is a need to improve the competence of law enforcement and the judiciary, as well as to involve various stakeholders in formulating policies that are more in line with gender issues and the needs of children.

Human rights in a secularized society

The article addresses the issue of the attitude of the Catholic Church towards the doctrine of human rights. This doctrine was originally developed on the grounds of Catholic reflection accompanying the phenomenon of colonial conquests. Its use in the context of the Peace of Westphalia and the French Revolution caused the Church to distance itself from the doctrine. The return came with the person of John XXIII and the Second Vatican Council. Pope John Paul II proved to be a particularly important promoter of human rights. However, during the period in which the Church officially lent support to the doctrine of human rights, significant changes occurred in the Western world due largely to secularization. As a result, the way human rights were interpreted changed fundamentally. This has caused the secular understanding of human rights that dominates Western politics to be increasingly distant not only from the Catholic interpretation of them, but also from their original expression in the UN Universal Declaration.

THE RIGHT TO DEVELOPMENT:BRICS’ UNDERSTANDING OF THE HUMAN RIGHTS

This article analyses the BRICS countries' understanding of the right to development through the prism of this political entity's internal structure, declarations, and official legal documents. The authors conclude that implementing and applying this right in international law is necessary to further develop society and social relations. The article also identifies the problems of understanding human rights in civilisations, which results from different historical, social, economic,and political developments. The article shows regional unions' understanding of human rights in this regard. Developing countries' defence of this right to development. It also analyses the idea of the President of the People's Republic of China, "Brighter Shared Future for the International Community" for a new world order, which has become a key idea for the BRICS countries.

Islamic Law, the State, and Human Rights: The Contestation of Interfaith Marriage Discourse on Social Media in Indonesia

This study aimed at explaining the contestation of interfaith marriage discourse on social media, specifically on Instagram. The issue of interfaith marriage was quickly responded by social media users, not only by posting on their own accounts, but also by commenting on those posts of other people’s accounts. This study attempted to map Instagram media users’ comments on posts about interfaith marriage and to see the contestation of these comments in the context of the discourse on Islamic law, the state, and human rights in Indonesia. Qualitative research method was used in conducting this study. Data were collected from netizens’ comments on the issue of interfaith marriage, specifically the issue of interfaith marriage conducted by a member of Presidential Special Staff, the District Court’s decision on granting the interfaith marriage, and the Supreme Court’s circular on interfaith marriage. These comments were randomly selected and then analyzed using qualitative content analysis methods. This study found that: first, there were two response models for social media users when commenting on the issue of interfaith marriage on Instagram, they were the responses of acceptance and rejection. The narrative of the comments that accepted the idea of interfaith marriage emphasized human rights, diversity, freedom, and criticized the state’s involvement in private matters. Meanwhile, the narrative of comments that rejected the idea of interfaith marriage mostly refered to the provisions of Islamic law and state law. Second, based on these two response models, there was a contestation over the discourse of interfaith marriage in the context of Islamic law, the state, and human rights. However, this contestation was not based on a deep understanding of human rights and legal discourse. This contestation might have an impact on the public’s lack of legal understanding of interfaith marriage and had the potential to cause conflict on social media. This study confirmed that contestation of legal discourse came not only from people who had authority, but also from people who did not have in-depth legal knowledge.

Human Rights for Export Only? Non-Elite Human Rights Advocacy in West Germany, 1977–2000

This article analyzes the non-elite human rights vision promoted by the Russell III Tribunal and the Committee for Fundamental Rights and Democracy (Komitee für Grundrechte und Demokratie, Grundrechtekomitee). The article centers on leftists who utilized human rights to challenge state power since the late 1970s. The III Russell Tribunal (1978–79) brought international scrutiny to the West German state's restrictions against civil employment for suspected subversives. Policymakers, politicians, and liberal public intellectuals rejected the use of human rights rhetoric to address domestic wrongs. In their view, the sobriquet ‘human rights abuse’ was befitting solely to the cruelties committed by the National Socialists and in countries in the Global South and Eastern Europe. Veterans of Russell III founded the Grundrechtekomitee in 1980 to challenge this limited understanding of human rights. The second part of the article focuses on the Committee's engagement against Helmut Kohl's asylum policy and domestic racism. While focused on West Germany, the Committee mobilized a cosmopolitan vision of human rights that mobilized Holocaust memory to advocate for the rights of migrants and asylum seekers. The article argues that Russell III and the Grundrechtekomitee saw domestic human rights advocacy as a bulwark against undemocratic and xenophobic tendencies in Germany.

Human Rights: From the Origins of Philosophical and Legal Thought to Modern Geopolitical Reality

The paper presents the author’s understanding of the unity of the logical and historical connection between the processes of formation of the institution of human rights and the formation of the idea of human rights in philosophical and legal concepts. The idea of human rights has historically been formed and put into practice as a result of several mutually dependent processes: firstly, the confrontation of social actors, the human struggle for the normative establishment of acceptable, decent standards and quality of life; secondly, the formation of the concept of «social justice» in the public consciousness on ethical and moral grounds that have developed in society; thirdly, the conceptualization of the worldview, philosophical, theoretical, ideological justification of human rights based on their understanding as natural, inalienable; fourthly, the international institutionalization of human rights; fifthly, the recognition of the institution of human rights in national legal systems. The significance of the social conflict that existed throughout the history of mankind as a source and driving force for the emergence of the idea of human rights is shown. The genesis of philosophical and legal ideas, starting from the period of Ancient Greece, expressing various aspects of the concepts of «justice», «freedom», «equality», «law», is investigated. The impossibility of formation is shown the formalized concepts of human rights before the formation of the theory of natural law. It is noted that the decisive factor in the beginning of the formation of the institution of human rights was the formation of natural law, the assertion of its influence on public consciousness. The importance of the bourgeois revolutions in Europe, which led to the formation of the Declaration of the Rights of Man and of the Citizen in 1789, is emphasized. The paper shows the fundamental difference between the socialist understanding of rights and freedoms from their understanding, which developed in the depths of bourgeois societies; the historical conditionality of the adoption of the Universal Declaration of Human Rights in 1948 after the Second World War is shown. The importance of the ideological foundations of human rights, the philosophical and legal explanation of the need for this institution is emphasized. A clash of worldviews in the understanding of human rights in the context of modern geopolitical reality is stated and an assumption is made about the possibility of forming a new concept (model of human rights).

The Protection of Human Rights in the Case of Non-Criminal Narcotics Users

Introduction: Narcotics use as a complex global issue has an impact on human rights, especially in the context of criminal law. Although some countries, including Indonesia, are beginning to recognize human rights protections in non-criminal narcotics use, the main challenge is striking a balance between strict regulation and appropriate protection for individuals who need narcotics for treatment or non-criminal purposes. Purposes of the Research:  The aim of this research is to analyze relevant laws and regulations and related practices in protecting human rights in the case of non-criminal narcotics users. Methods of the Research: This research uses normative legal research methods to analyze laws and regulations related to non-criminal narcotics use. Data sources include statutory documents, court decisions, and legal literature. Data analysis will look for patterns and evaluate regulatory compliance with human rights principles.Results of the Research: To protect human rights in cases of non-criminal narcotics use in Indonesia, legislation plays an important role, although challenges such as abuse of power and social stigma remain. Cooperation between government, NGOs and civil society is needed to implement existing regulations and increase public understanding of human rights. Indonesia needs to find a balance between strict narcotics regulations and protecting individual rights. This involves clear definitions for “non-criminal” narcotics, fair law enforcement, as well as safeguarding individual privacy. The challenges involve racial and social injustice in drug law enforcement and require an evidence-based approach that engages diverse stakeholders. Continuous research and analysis is needed to support better policies to address the narcotics problem.

Reimagining Human Rights: The Concept of Droits des Gouvernés in Foucault's Political Philosophy

Abstract This study explores Michel Foucault’s critique of human rights and his concept of droit des gouvernés, particularly with regard to refugees and migrants. It analyzes how Foucault’s ideas can revitalize democratic elements within the context of neoliberal governance and reframe our understanding of human rights. His approach encourages rethinking the foundations of democracy and challenging the monopoly of political decision-making. Keywords: Michel Foucault; droit des gouvernés; human rights; neoliberal governance; refugees.

Philosophical Foundations of Human Rights According to Soren Kierkegaard

Philosophical foundations of human rights as envisioned by the Danish philosopher Soren Kierkegaard. Kierkegaard, a pivotal figure in existentialist philosophy, presents a unique perspective on human rights that investigates into the individual’s subjective experience and moral responsibility. His ideas emphasize the significance of human agency, freedom, and the ethical imperative of choosing one’s values and actions authentically. This article provides an overview of Kierkegaard’s key concepts, such as the individual’s relation to God, the concept of authenticity, and the ethical life, and their implications for the understanding of human rights. It delves into Kierkegaard’s existentialist perspective and its implications for our understanding of human rights, highlighting the importance of individuality, freedom, and moral responsibility in his philosophical framework. It also highlights the potential contributions of Kierkegaard’s philosophy to contemporary discussions surrounding the nature and justification of human rights.

Pergulatan Internasionalisasi Konsep Hak Asasi Manusia Proses Globalisasi dan Implikasinya Terhadap Penegakan Hukum di Indonesia: Menciptakan Konsep Hak Asasi Manusia Elusif?

This article discusses the elusive development of the concept of Human Rights in Indonesia, as evident through the frequent emergence of anarchic actions carried out under the banner of Human Rights. The primary issues addressed are why the substance of constitutional law and Human Rights is considered elusive, and how to categorize actions that manifest an elusive aspect of Human Rights. In order to elucidate this phenomenon, the author employs a normative juridical approach and draws upon various secondary sources from relevant literature. It is hoped that this study can shed light on the social climate in Indonesia. There are several factors influencing the elusiveness of constitutional substance and Human Rights. One of the most prominent factors is the performance of law enforcement influenced by system, structure, substance, and culture. Additionally, an excessive sentiment in legal violations, cultural and social differences conflicting with the nation's ideology, social behaviors driven by socio-political issues, and a lack of understanding of Human Rights and constitutional substance all contribute to this complexity. This article aims to delineate these issues and provide a clearer insight into the challenges faced in upholding Human Rights in Indonesia.

With Statoil as a Prism: Revisiting Key Features and Concerns in Western Oil Companies’ Evolving Human Rights Awareness, From the Mid-1990s to the 2000s

This article uses Statoil (Equinor since 2018) as a prism to explore some key features and concerns of Western oil companies’ evolving human rights awareness from the mid-1990s to the early 2000s. This period saw the first human rights lawsuits brought against oil companies and a gradual change in their human rights awareness. The article uses insights from the business history literature and new archival material from the oil industry to explain why business ethicists and legal scholars are wrong to argue that the relationship between business and social responsibility, on the one hand, and business and human rights, on the other, are inherently problematic and profoundly disparate due to their divergent historical origins. In so doing, the article offers a historical take on the so-called debate between business human rights (BHR) and corporate social responsibility (CSR), and it repudiates the argument that a so-called minimal understanding of human rights has hindered business from undertaking proactive human rights initiatives. Mapping onto both the business history literature and the BHR–CSR debate, the article aims for a richer understanding of the experiences and ideas that incentivized oil companies to “get serious” about human rights.

Protection of Human Rights Against the Environment in the Indonesian Legal System

Purpose: This research examines the relationship between human rights and environmental protection in the context of Indonesia's legal system.   Theoretical Reference: It refers to Indonesia's legal system and the 1945 Constitution to understand the regulation and implementation of human rights and environmental protection.   Method: The study employs the normative law method with philosophical and analytical approaches.   Results and Conclusion: Indonesia's constitution guarantees the right of every individual to a good and healthy environment; the enforcement and safety of these rights often face various challenges. The challenges include the imbalance between economic goals and environmental protection, weak law enforcement, and a need for more understanding of Human Rights and public participation in environmental issues.    Implications of Research: Through a deeper understanding of the relationship between human rights and environmental protection, it is expected that Indonesia's legal system can be more effective in ensuring a sustainable and habitable environment for all its citizens.   Originality/Value: This article suggests the importance of enhancing the integration of human rights and environmental protection within the framework of the Constitution and daily practices.Additionally, increasing awareness and compliance among all parties with existing regulations is highly necessary. Hopefully, these efforts will support achieving sustainable development goals in Indonesia, which encompass human rights and a healthy environment.

The Universal Declaration of Human Rights, Soviet Political Religion, and Soviet Law

This article discusses the Soviet contribution to the Universal Declaration of Human Rights (UDHR) and the interplay between the UDHR and Soviet legal system. The paper focuses on legal aspects of the Soviet Union’s lack of interest in the UDHR and argues that, due to the nature of the Soviet political regime, which can be defined as a political religion, Soviet law itself was fully incompatible with any meaningful idea of human rights. In order to demonstrate this incompatibility, the paper explores three aspects of Soviet law: Marxist-Leninist philosophy of law as the ideological premise of Soviet legal system; Soviet understanding of human rights; and Soviet theory of international law. The paper ends with a discussion of the role the UDHR played in Soviet and post-Soviet law.