Universal Declaration Research Articles

Perspektif Hukum Internasional Terhadap Suku Bangsa Kurdi yang Stateless

Introduction: The background of this research is that citizenship is a form of identity that allows individuals to feel the meaning of ownership, rights and social obligations in the political community (state). The Universal Declaration of Human Rights (UDHR) confirms that everyone has the right to a citizenship.Purposes of the Research: Writing aims to determine the arrangement of International Law against a person who has no citizenship and to know the implementation of International Law against ethnic Kurds.Methods of the Research: This type of research is normative law, namely research that uses secondary data sources with data sources consisting of primary, secondary and tertiary legal materials. The data collection technique used was library research, namely research carried out by collecting various kinds of literary literature either through print media or online media with data collection tools in the form of document studies.Results of the Research: The results of this study indicate that international law has provided rules for a person who has no nationality, including the Universal Declaration of Human Rights, the 1954 Geneva Convention Concerning the Status of Stateless Persons and the 1961 Geneva Convention Concerning the Reduction of Statelessness, the Declaration on the Rights of Persons -Persons of National or Ethnic, Religious and Linguistic Minorities and the International Convention on the Elimination of All Forms of Racial Discrimination. International law has provided clear arrangements for resolving statelessness. But ethnic Kurds in Syria still do not enjoy citizenship rights. The participation of the state government is needed in tackling this.

Male travel ban: legal regulation in Ukraine and international standards

The article discusses the issue of legal regulation in Ukraine of the ban on travel abroad. Russia’s military aggression against Ukraine made it difficult for the state to guarantee the rights of citizens and forced them to be partially limited. Since the introduction of martial law in Ukraine, men of conscription age have been prohibited from traveling abroad. The Constitution of Ukraine established the standards of the rule of law in this situation, which provide that the restrictions on the rights of a person and a citizen in the state are temporary and minimally necessary, and a specific list of rights cannot be violated under any circumstances. The final decision on the declaration of martial law is made by the Parliament. These norms of the Constitution of Ukraine correspond to the norms in the Universal Declaration of Human Rights.Analysis of court practice shows that plaintiffs often appeal against the decisions of officials of the State Border Service of Ukraine forbidding them to cross the state border, referring to their right to cross the said border because they have been granted a deferment from conscription for military service.National courts adhere to the position that the primary legitimate source of restrictions on the rights and freedoms of a person and a citizen during the period of martial law is the Constitution of Ukraine and the Decree of the President of Ukraine on the introduction of martial law. At the same time, adopting the relevant Decree and determining the content and scope of rights subject to restriction, the President of Ukraine is guided by the goal of introducing and implementing the necessary measures aimed primarily at ensuring the defence of the State. When establishing restrictions, the President of Ukraine takes into account the norms of Art. 64 of the Constitution of Ukraine, which provides a list of rights and freedoms that are not subject to restriction. At the same time, due to the circumstances in which the decision to introduce martial law is made, the mechanisms and procedures for implementing restrictions on rights cannot be fully normalized.

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.

Гонения на верующих на Украине как индикатор кризиса института правозащиты

The article provides information about the inconsistency of the activities of foreign human rights organisations with the goals and objectives of the Universal Declaration of Human Rights. The author's idea is confirmed by the data of monitoring of observance of religious freedoms and rights of believers, carried out by the Russian Association for the Defence of Religious Freedom. It is concluded that it is necessary to establish new international mechanisms for the protection of human rights on the platforms of BRICS, SCO, and others.

Three Concepts of Internationalism in the Global South: Solidarism, Pluralism, and Developmentalism

Throughout modern history, internationalism has been one of the most powerful forces that drives global political changes. While existing research focuses exceptionally on liberal internationalism, studies devoted to internationalism beyond its liberal and Western forms remain relatively scant. Building on a conception that perceives internationalism as a form of human practices, this article explores the evolution of the concept of internationalism in the Global South through a series of political practices from the drafting of the Universal Declaration of Human Rights in 1948 and the 1955 Asian-African Conference in Bandung to the proposal of the New International Economic Order in 1974 and the BRICS’s contestation over NATO’s Libyan intervention in 2011. It is argued that the normative core of internationalism in the Global South is constituted of three major components – pluralism, solidarism, and developmentalism, each in its particular form. Taken together, it envisions an international order rooted in the solidarity of the post-colonial peoples based on their shared colonial past, underpinned by a pluralistic outlook of political life, and places emphasis on redistributive justice in structuring the international economic order. Though some argue that with the rise of the BRICS countries, there will be a revival of Global South internationalism, this article concludes that this is not likely to happen at present.

Social vulnerability in the context of the COVID-19 pandemic: a bioethical discussion

To analyze, from a bioethical perspective, social vulnerability in relation to health during the context of the COVID-19 pandemic. Methods: The study included peer-reviewed publications from January 1st until December 31st 2020, identified in Pubmed, SciELO and LILACS data basis. Mesh terms were utilized for research in Pubmed as follows: “COVID-19” conjugated with the terms: “vulnerable population”, “population groups”, “social determinants of health”, “health equity”. Portuguese and Spanish equivalents DECS terms were used for searching in the other two databases. Results: a total of 132 articles were found. After applied inclusion and exclusion criteria, were 21 eligible articles. The most recurrent themes were: racial, ethnic and social-economics, gender, age, disability and chronic health conditions. Articles addressing more than one theme were observed, integrating different aspects of vulnerable populations. A bioethical discussion with focus in vulnerability based in the data retrieved took place and connections with discrimination and social determinants of health were made. Conclusion: Results point to the violation of rights explained in the Universal Declaration of Bioethics and Human Rights. By increasing the disparity in morbidity and mortality from COVID-19 of population groups already impacted by the social determination of health, there is a violation of the right to health, indicating that governments and societies fail to respect the vulnerability of social groups in the pandemic context. Submission: 08/01/23| Review: 09/15/23| Approval: 09/18/23

Social vulnerability in the context of the COVID-19 pandemic: a bioethical discussion

To analyze, from a bioethical perspective, social vulnerability in relation to health during the context of the COVID-19 pandemic. Methods: The study included peer-reviewed publications from January 1st until December 31st 2020, identified in Pubmed, SciELO and LILACS data basis. Mesh terms were utilized for research in Pubmed as follows: “COVID-19” conjugated with the terms: “vulnerable population”, “population groups”, “social determinants of health”, “health equity”. Portuguese and Spanish equivalents DECS terms were used for searching in the other two databases. Results: a total of 132 articles were found. After applied inclusion and exclusion criteria, were 21 eligible articles. The most recurrent themes were: racial, ethnic and social-economics, gender, age, disability and chronic health conditions. Articles addressing more than one theme were observed, integrating different aspects of vulnerable populations. A bioethical discussion with focus in vulnerability based in the data retrieved took place and connections with discrimination and social determinants of health were made. Conclusion: Results point to the violation of rights explained in the Universal Declaration of Bioethics and Human Rights. By increasing the disparity in morbidity and mortality from COVID-19 of population groups already impacted by the social determination of health, there is a violation of the right to health, indicating that governments and societies fail to respect the vulnerability of social groups in the pandemic context. Submission: 08/01/23| Review: 09/15/23| Approval: 09/18/23

Re-evaluating the Legal and Institutional Complications Affecting the Protection of Women's Rights in Cameroon: The Need to Remedying the Odds

Several complex legal and institutional issues beset preserving women’s rights in Cameroon. Women’s rights refer to a wide range of ideals and entitlements intended to guarantee gender equality and encourage women’s full involvement and empowerment in all spheres of society. These rights include freedom from violence, equality, education, health, and body autonomy, among other things. However, even with the modern conception and advancement of today's society, women continue to be treated inhumanely, uncaringly, and pitilessly, thereby affecting their status and rights acquired in today´s society, with the numerous legal instruments wavering from the Universal Declaration of Human Rights, the Convention on the Elimination of all Forms of Discrimination Against Women, the Maputo Protocol, the African Charter on the Welfare of the Child, and hosts of other condemning the illegal practices experienced by women on the international scene. The increase in violations continues to be rampant. With all the praiseworthy struggles instigated and affected by these instruments, the degree of violation of women's rights is increasing and increasing in Cameroon. Women continue to experience violations of their rights, especially those related to Female Genital Mutilation, Sexual Abuse, Rape, widow practices, and many other harmful practices. The query one would be posing here is in searching why Cameroon is considered a State of Law, devouring great efforts in certifying that women anguishing from the effect of violence should be protected, continue to experience an increase in cases of women's rights violations. In this vane, it will be sufficient for us to assess the various legal and institutional dispositions put in place by the State of Cameroon in handling cases of violence done against women. It is surprising that with all the laws initiated by the State of Cameroon from the Constitution, the Penal Code, the Labour Code, the Civil Status Registration Ordinance, and the Civil Code enacted to deal with cases of violence done on Women, there exists no concrete and concise law handling matters of violence against women. The situation of child marriage, Female Genital Mutilation, Breast Ironing, Widow Practices, and Property Discrimination continue to be a nightmare and a pandemic to eradicate in the country, irrespective of the efforts introduced by competent authorities. There is a need to redress the situation for a better protective climate for women and their societal statuses.

Rule of Law and Human Rights: Analysis of International Standards and Case Law

The EU's human rights policies and actions have two main components: protecting the fundamental rights of EU citizens and promoting human rights around the world. One of the aspects that the UN focuses on is the relationship between democracy and human rights, as the organisation upholds the importance of equal political participation of citizens of its states and full respect for human rights, including the recognition, protection and promotion. As defined by the United Nations International Children's Emergency Fund (UNICEF), human rights are norms that recognise and protect the dignity of all people, meaning they apply to everyone, without distinction of race, gender, education, political opinion, sexual orientation or any other type of moral judgement. The realisation of human rights also obliges states to be responsible for protecting these norms and prohibits certain acts that violate them. Human rights can be said to be one of the greatest achievements of mankind. One of the most important human rights documents is the Universal Declaration of Human Rights, signed in 1948 at the UN General Assembly. Consisting of 30 articles, the Declaration formalises all the theoretical developments made earlier on civil, political, social, economic and cultural rights. Another innovation of the Declaration was the inclusion of human rights in the universal character, becoming the rights of all peoples. Thus, for the UN, human rights "are universal legal guarantees that protect individuals and groups from acts and omissions by governments that violate human dignity"3. Human rights are fundamental and therefore inalienable human rights, i.e. those rights whose violation would lead to an attack on the very essence of humanity. For this reason, it is important that everyone is aware of and knows about human rights, their content and the forms of protection provided for them, as everyone should be able to enjoy their fundamental rights for the sole purpose of living in peace, without distinction. Human rights, democracy and the rule of law create an environment in which countries can promote development, protect people from discrimination and ensure equal access to justice for all.

Bioethics-CSR Divide

Bioethics-CSR Divide

Protection of Freedom of Expression Through Social Media from The Perspective of Human Rights

Freedom of expression is one of the fundamental human rights guaranteed in various international legal instruments. The development of information and communication technology, especially social media, has opened up new spaces for people to express their opinions. This research aims to analyze the protection of the right to freedom of opinion through social media from a human rights perspective. This research uses normative legal research methods with a qualitative approach. Research data was obtained through literature studies of various statutory regulations, books, scientific journals and other legal sources. The data that has been collected is then analyzed in three stages, namely data reduction, data presentation and drawing conclusions. The research results show that the protection of freedom of expression on social media is regulated in various policies including the Universal Declaration of Human Rights (UDHR), the International Convention on Civil and Political Rights (ICCPR), and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Meanwhile, in Indonesia it is regulated in the 1945 Law, the Human Rights Law, and Law Number 19 of 2016. The right to freedom of opinion through social media is a fundamental human right that needs to be protected. This right is considered a fundamental right that cannot be reduced or limited by anyone or the state, this emphasizes the need for strong fulfillment and protection of this right. However, this right also needs to be balanced with the responsibility to use it wisely and responsibly.

PERKAWINAN BEDA AGAMA DALAM UNDANG-UNDANG PERKAWINAN DAN HAK ASASI MANUSIA

Background. This research is motivated by differences in understanding studying the Marriage Law and Human Rights in interfaith marriages so there is an unfinished debate, this is because religious teachings do not allow interfaith marriages. As we know that in Indonesia many interfaith marriages are practiced in various ways, such as holding weddings abroad, submitting to the religion of one of the partners, court decisions, and marriages under the umbrella of non-governmental organizations. These are the efforts to legalize interfaith marriages. Aim. The refore the author is interested in studying how interfaith marriages are in Marriage Law and Human Rights. Methods. The method used in this research is library research. Regarding reading dissertations and journals that explain interfaith marriages using a descriptive approach. Results. The results of this study are that the Marriage Law and Human Rights in interfaith marriages are interconnected, where Human Rights return to the Marriage Law and the Marriage Law returns to the teachings of their respective religions. Indonesia uses the Margin of Appreciation theory in which each country has the right to determine its laws without having to follow or be based on the Universal Declaration of Human Rights (UHDR). With the existence of a margin of appreciation, each individual has different rights from the national interest.

Institutionalizing human rights in the United States: Advocacy for a national human rights institution

National Human Rights Institutions (NHRIs) have been part of the infrastructure of international law since 1946, two years before the Universal Declaration of Human Rights was completed. Globally, more than 120 nations have established independent NHRIs. Two-thirds of these have been accredited by the Global Association of National Human Rights Institutions (GANHRI) after passing a rigorous review to assess their compliance with the Paris Principles, a set of minimum standards for NHRIs. The United States does not have an NHRI and the federal government has resisted calls from both domestic NGOs and the international community to establish such an institution. Domestic advocates nevertheless continue to pursue creative approaches to promote human rights monitoring and implementation in the United States. U.S. civil society submissions to treaty bodies regularly draw attention to the need for a U.S. NHRI. On the domestic stage, advocates likewise urge the federal government to take a greater role in human rights monitoring, implementation, and coordination. However, as a global power and a key actor in the UN system, the U.S. government experiences few consequences for failing to establish an NHRI. In sum, the absence of a U.S. NHRI is a challenge not only for domestic advocates, but for the international system as well.

On the need to use baby boxes in Russia and other countries

The subject of this study is the normative legal provisions of the application and functioning of baby boxes on the territory of various states. The object is the social and legal justification of the need in the modern world for the use of baby boxes in the context of the implementation of the constitutional principle of the child's right to life. Article 3 of the Universal Declaration of Human Rights enshrines the inalienable and inalienable right of every human being to life, and, of course, this requirement fully applies to every child. Moreover, the principle has been proclaimed at the international legal level, according to which the child is the exclusive object of protection by any state in the world and society: for example, in part 2 of Article 25 of the Universal Declaration of Human Rights it is enshrined that infancy and childhood give the right to special care and care. The methodological basis of this study is represented by a set of such methods of scientific cognition of objective legal reality, applied during preparation and writing, as: comparative analysis, as well as the formal legal method. In addition, the methods of scientific cognition of objective legal reality used by the author also include the logical method, system-structural analysis, and the method of legal modeling. The author analyzes the main social and legal reasons for the emergence and spread of the practice of using baby boxes in a number of foreign countries and in certain regions of Russia. Ambiguous points of view on the need for legal regulation and practice of using baby boxes in Russia are also presented today at the doctrinal level: some authors talk about the expediency and effectiveness of their use, others note their uselessness and insecurity, pointing to the existence of other mechanisms for voluntary parental abandonment of newborn children established by law. In the course of the analysis, the author presents the reasons for the need to introduce the practice of using baby boxes both in the Russian Federation and in other countries, and as a result, this entails the need for legislative regulation of the relations in question.

Constitutional Rights and Obligations of Citizens Towards the Environment Under the Conditions of Sustainable Development

Abstract The aim of this article is to determine the status of citizen’s rights to ‘a clean environment’ and their obligations towards the environment under sustainable development conditions, considering international and domestic regulations. It analyses three interlinked aspects: human rights to a clean environment, obligations of citizens and public authorities towards the environment, and environmental protection in accordance with the principle of sustainable development. Human rights to ‘a clean environment’ are enshrined in the Constitution, drawing on the Universal Declaration of Human Rights and the Rio de Janeiro ‘Environment and Development’ Declaration. These rights are implemented by public authorities through ensuring ecological safety and the use and protection of environmental resources, adhering to the sustainable development principle. In addition every citizen has obligations towards the environment, because he should take care of environmental resources and use them in accordance with the principles of environmental protection law. The analysis of legal doctrine and legislation highlights a clear relationship between the necessity for public authorities to ensure constitutional rights to a ‘clean environment’ and their obligations towards the environment through the protection of environmental resources in line with the sustainable development principle. This entails balancing the human right to a ‘clean environment’ against the environmental right to the continuity and sustainability of resources (natural balance), while also ensuring economic growth. An example of these principles in action is Agenda 2030, currently being implemented in Poland and other EU Member States.

The Right to Communicate and Accessing Information on the Termination of Access Policy of Unregistered Private Scope Electronic System Operators

The policy of terminating access to Private Scope Electronic System Providers (Private Scope PSE), to several internet platforms including: Paypal, Yahoo, Epic Games, Steam, Dota, Counter Strike, Xandr.com, and Origin, which occurred on July 30, 2022. The termination of Private Scope PSE Access is due to the unregistered Private Scope PSE, whose provisions are regulated in the Permenkominfo PSE Private Scope. The policy of terminating access to the Private Scope PSE by the government is detrimental to citizens as users of the Private Scope PSE platform services whose access is terminated by the Government. Citizens have the right to communicate and access Private Scope PSE services which are Human Rights, as stipulated in the provisions of Article 28F of the 1945 Constitution of the Republic of Indonesia, Article 14 of the Human Rights Law, Article 19 of the Universal Declaration of Human Rights, and Article 19 of the International Covenant on Civil and Political Rights.

The Global Agenda for Social Work and Social Development: A Conflicted Global Concept?

This paper reflects on the impact of The Global Agenda (GA) process and focuses on its relevance for social work practitioners and educators in the United Kingdom (UK). It asks, is there a global social work profession? The paper explores three key elements. Firstly, to what extent is it possible to view the diversity of social work under the differing national frameworks, as a coherent, single professional identity? Secondly, to what extent are national concepts of social work related to global instruments such as the Universal Declaration of Human Rights and the UN Sustainable Development Goals (SDGs). Thirdly, are there universal theoretical models? Having explored these questions, The GA process unequivocally adopted the position that there is a global social work profession, that its members and practitioners do share core values, principles and practice models, that these models require constant review and revision, and that one purpose of the process was/is to stimulate those discussions and explore those narratives, as is evident in the four GA reports. This makes The GA process as relevant for practice and policy in the UK, as it is for other countries.

Bobbio's conception of human rights

This article aims to analyze the issue of human rights in the thinking of the Italian author Norberto Bobbio. The historical and contemporary debate on human rights has always been a scene of considerable controversy, gaining considerable space in the public debate with the advent of the Second World War, culminating in the signing of the Universal Declaration of Human Rights (1948). This declaration intended to meet a minimum set of rights so that every human being deserves, from birth, as a member of the human species. For the recognition of these rights universally, there is a need for this set of rights to correspond to the desires of all people, with their different cultures. In order to establish consensus, therefore, it is necessary to find homeomorphic concepts of human rights in different cultures. A second problem involving human rights is the issue of their protection, which is difficult to apply in certain cultures. In this second problem, Bobbio’s thought seems to have space, which identifies the effectiveness of human rights as the biggest challenge in this issue, especially regarding the rights of freedom and equality. The present study is based on exploratory research, with bibliographic analysis based on data collection in updated scientific material on the topic.

Ulusal ve Uluslararası Belgelerde Eğitim Hakkının Yasal Dayanakları

Education is a multidimensional social institution that is continuous and open to all citizens, starting from before school, including periods after school and after school, is an obligation of the state and a human right in our age. This perspective, which is gradually expanding the framework of education, requires that education be considered in economic, social and cultural realities in societies. Despite the opinions of thinkers such as Comenius, Locke, Rousseau, the main activities in education have been philosophical and methodological, while legal concerns have remained in the secondary plan. As a result of this situation, the individual's right to education has not been provided with a legal basis for a long period of time. The main goal of the United Nations, which was established after the Second World War in the international arena, is to develop universal respect for human rights and freedoms as a principle. The right to education, which is included in the fundamental rights in this process, has been regulated in some UN and Council of Europe documents, especially the Universal Declaration of Human Rights in 1948. Human rights and the right to education, which are guaranteed by international conventions, have also been protected by some legal regulations within the national legal system. The fundamental rights and freedoms of citizens in Turkey are regulated through the Constitution and laws. In addition, with the relevant legislation, a framework has been established for how these rights and obligations can be used. Key Words: Right to Education, National Documents, International Documents, Legal Bases

Democracy In The Dark: Internet Shutdowns In India As A Challenge to Freedom of Speech and Expression

The right to access the internet is intrinsically linked to fundamental rights such as the right to education and the right to privacy under Articles 21A and 21 of the Indian Constitution, respectively. The internet not only enhances the quality of education but also serves as a powerful tool for the free expression of knowledge and ideas. It has been recognized globally as a human right, and adherence to this right is imperative for countries signatory to the Universal Declaration of Human Rights. Freedom of speech and expression, enshrined in Article 19(1)(a) of the Indian Constitution, extends to the internet, with reasonable restrictions outlined in Article 19(2). In recent years, internet shutdowns in India have become increasingly common, particularly during periods of civil unrest and protests. While the government has the authority to impose reasonable restrictions on freedom of speech and expression to maintain public order, the arbitrary use of internet shutdowns has become a concerning trend. This paper explores the reasons behind and the consequences of these shutdowns on the right to freedom of speech and expression. The internet is a crucial medium for citizens to communicate, express dissent, and seek support, especially during times of crisis and unrest. Its importance is evident in regions like Jammu and Kashmir and the North Eastern states of India, where prolonged internet shutdowns have isolated affected communities from the rest of the country. The imposition of internet shutdowns as a means to restore peace raises questions about its reasonableness and adherence to constitutional provisions. The paper cites landmark cases, such as Anuradha Bhasin v. Union of India, where the Supreme Court emphasized the importance of necessity and proportionality in internet shutdown orders. The lack of accountability mechanisms, combined with normalized shutdowns, has allowed the government to stifle dissent without justifiable cause. To protect fundamental rights and uphold the principles of democracy, judicial activism and a critical evaluation of government actions are essential. The paper concludes that internet shutdowns, as a means of suppressing free speech and expression, often fail to meet the criteria of reasonable restrictions and are, therefore, a violation of the fundamental rights guaranteed under the Indian Constitution.