Human Rights Values Research Articles

A Review of the Decision of the Constitutional Court of South Africa in the Shilubana Case: Lessons for the Development of Customary Law in Ghana

In the case discussed in this article, the Constitutional Court of the Republic of South Africa was confronted with the issue of the customary law rule of male primogeniture and its discriminatory effects on women regarding chieftaincy succession. The court held that, given that the said customary law practice was discriminatory, it needed to be developed to meet the constitutional human rights value of gender equality. The court’s decision is regarded as the basis for new criteria by which living customary law can be developed further. The article seeks to review the decision of the Constitutional Court and its impact on the development of customary law in general. Against this backdrop, the author proceeds to evaluate and offer a comparative analysis of the judicial and legislative efforts by Ghana and South Africa to promote the development of customary law and whether the decision of the Constitutional Court of South Africa (Constitutional Court) could offer lessons for the development of Ghanaian customary law in general. It is contended that the measures put in place under Ghanaian law to promote the development of customary law are inadequate and thus recommendations for the development of Ghanaian customary law drawing on lessons from the decision of the Constitutional Court are made.

‘Rocking the boat’ at the boundaries of social work practice

The response to the immigration crisis of 2015 raised issues about how social work as a profession in the UK was responding to what was unfolding in Calais, France. This article draws on evidence from a qualitative study conducted between 2018 and 2020 that analysed the narratives of 13 front-line local authority social workers’ experiences of volunteering with a charity. It was found that social workers were motivated to volunteer with the charity due to its commitment to social work’s core values of social justice and human rights through a radical social work approach and activism on issues affecting asylum seekers and refugees. This article highlights the opportunities for an alternative social work practice and recommends ways of embedding this in social work practice and education.

The education of human rights in Japan: a comparative analysis of civics textbooks in senior high school between the 1970s and 2010s

ABSTRACT The education of human rights, or Human Rights Education (HRE), has been increasingly vital for the preservation and dissemination of human rights values in contemporary time. Japan, as an East Asian democracy, is not an exception. Yet there has been limited scholarship in English on the efforts that the Japanese government has invested in educating human rights through formal citizenship education. To what extent did (does) Japanese formal citizenship education value human rights concepts and address domestic human rights issues? This study approaches the civics textbooks of Japanese senior high schools published in the 1970s-2010s by adopting comparative content analyses. It suggests that, first, there is an increasing usage of human rights conceptual terms with Liberty as the most frequently found word in the textbooks. Second, however, limited knowledge and empowerment are provided when the human rights issues of three underprivileged groups in Japan – the Burakumin, the Ainu, and foreign residents – are taught. This study suggests the government to put greater efforts into educating students about domestic human rights issues. Future studies are also suggested to continue investigating the development of HRE in Japan and to locate the reasons behind the reluctance in teaching domestic human rights issues there.

Gender Inequality: A Multi-Perspective Analysis

Gender equality is a fundamental human right that has long been denied, and despite progress in some areas, significant challenges still remain in achieving true gender equality. The research motivation of this paper mainly stems from the pursuit of the universal value of social justice and human rights. The aim of gender equality studies is to understand and address the problems caused by gender inequality and gender discrimination in society. In this paper, the author analyzes gender inequality from three perspectives, namely gender inequality in the workplace, education, and health care. It can be summarized that gender inequality at the workplace mainly refers to the situation that women are put at a disadvantage in their workplace, gender inequality in education mainly refers to the unfair treatment of girls in school, and gender inequality in health care mainly refers to the large differences in maternal mortality between low- and high-income countries.

DHR‐PA—Democracy and human rights in public administration in Africa

AbstractWhile public administration research has traditionally paid profound attention to democratic values in government‐citizen relations, public institutions are still wrestling with entrenching human rights norms today. This article's Democracy and Human Rights in Public Administration (DHR‐PA) perspective offers a view that a human rights‐anchored reforms agenda may assist with setting the much‐needed tone for realizing democratic norms in African administrative contexts where society is still dealing with extreme forms of human rights abuses. It operationalizes institutional nuances and qualities of democratic and human rights values using Afrobarometer's Round 9 dataset for Namibia, Kenya, and Nigeria. Results show that human rights proclivities of African public administration remain subtle and nebulous despite more targeted DHR‐PA reforms and the creation of institutions like human rights commissions and administrative justice agencies. Overall, for democracy to work, African public administration must acquire and entrench human rights norms and values in its engagements with citizens.Related ArticlesKahn‐Nisser, Sara. 2018. “Constructive Criticism: Shaming, Incentives, and Human Rights Reforms.” Politics & Policy 46(1): 58–83. https://doi.org/10.1111/polp.12240.Zavala de Alba, Luis Eduardo. 2012. “Toward an International Implementation of Public Policies in Human Rights: A Necessary Step in Every Democratization Process for Advancements in Economic and Social Rights.” Politics & Policy 40(5): 783–801. https://doi.org/10.1111/j.1747‐1346.2012.00385.x.Nchofoung, Tii, Simplice Asongu, Vanessa Tchamyou, and Ofeh Edoh. 2022. “Gender, Political Inclusion, and Democracy in Africa: Some Empirical Evidence.” Politics & Policy 51(1): 137–55. https://doi.org/10.1111/polp.12505.

Penghapusan Batas Usia Perkawinan Di Indonesia Dalam Perspektif Hak Asasi Manusia

This research discusses the analysis of the elimination of the age limit for marriage in Indonesia from a human rights perspective. The main problem in this research is the rise of early marriage which is marked by the increasing demand for marriage dispensations as well as the disapproval of several community groups towards limiting the age of marriage because it is considered to be contrary to the theological and cultural aspects of Indonesian society. The aim of this research is to gain a deeper understanding regarding the elimination of the age limit for marriage in Indonesia from a human rights perspective for the common good. This type of research is library research and a normative legal research approach which focuses on the use of secondary data sources such as the Koran, hadith, books, journals, statutory regulations, court decisions, and so on. The results of this research indicate that the marriage age limit regulations in Indonesia are not in line with human rights values because they marginalize citizens' rights to carry out the religious teachings they believe in in determining their lives. The implementation of the marriage age limit regulations also creates problems in the juridical, sociological (cultural) and theological aspects in Indonesia.

제주 4·3을 통한 세계시민교육 적용 방안

Objectives The purpose of this research is to explore the ways of application of Jeju 4·3 in global citizenship education.
 Methods For this purpose, this study analyzes historical reconciliation through overseas cases and proposes ap-plication of it in global citizenship education in terms of education policy.
 Results The analysis of historical reconciliation in overseas cases reveals two important implications for the direc-tion of Jeju 4·3 education. First, it is noteworthy that overseas historical reconciliation is closely tied to the level of civic consciousness. Second, history education should aim to foster global citizenship. Jeju 4·3 education can be emphasized as a tool for global citizenship education by connecting the lives of Jeju 4·3 bereaved families with peace and human rights education, preventing the banality of evil, taking action on citizenship of goodness, and expanding peace and the value of human rights in Jeju 4·3 into social education.
 Conclusions In conclusion, this research proposes several ways to incorporate Jeju 4·3 into global citizenship education. First, the role of citizens can be learned by designing ‘the road of citizen,’ which reflects the stories of people who showed citizenship during Jeju 4·3. Second, as a part of global citizenship education, the sig-nificance of Jeju 4·3 can be spread into everyday life through the value of peace, human rights and justice. Third, this significance of Jeju 4·3 can be expanded into a culture of caring for the socially underprivileged. Finally, pub-lic-private partnership through Jeju 4·3 can provide an opportunity to pay attention to current community issues.

Implementasi Dan Contoh Kasus Implementasi Hukum Pidana Di Indonesia

Criminal law enforcement is an effort designed rationally to overcome crime by paying attention to the principles of justice and effectiveness. In its implementation, criminal law enforcement can also involve various aspects, such as drafting criminal legislation that is responsive to social and situational developments. This research aims to determine the value of implementation of criminal law in Indonesia. The method used is a normative legal research method carried out using analytical descriptive and normative juridical approaches. The implementation of criminal law in Indonesia involves a series of complex processes, starting from law enforcement to implementing sanctions. In this way, the implementation of criminal law in Indonesia involves a number of stages and aspects that reflect the state's efforts to create a legal system that is fair, transparent and in accordance with the values of justice and human rights.

Entangled Vulnerabilities: Gendered and Racialised Bodies and Borders in EU External Border Security

ABSTRACT The notion of vulnerability is gaining traction in EU border protection. On the one hand, the concept refers to vulnerable migrants and their affectedness by insecurity and violence. On the other, it indicates the susceptibility of borders to irregular crossings and cross-border crime. Both forms of vulnerability are assessed through dedicated procedures under the umbrella of the European Border and Coast Guard Agency Frontex. To make sense of these seemingly contradictory conceptual and practical uses of vulnerability, we draw on feminist postcolonial scholarship in security studies and political geography. We argue that a shared colonial matrix of gendered and racialised meanings and problematisations enables analogies between borders and bodies as (un-)deserving of protection. In a discourse-theoretical analysis of Frontex documents, we show how the ambiguous use of vulnerability legitimises the EU border regime and its security practices by constructing EU bordering as neutral and objective and EU borders as objects of care. We conclude that vulnerability becomes increasingly important for normalising the EU’s violent borders in the context of the EU’s broader claims to liberal values of freedom, protection, and human rights.

Enhancing Criminal Detection: A Multi-Step Approach for Live Location Tracking and Emotion Verification Using Facial Recognition Technology

This paper offers a thorough analysis of the state of deceit detection in criminal justice and law enforcement settings as of right now. The study, which synthesizes findings from multiple investigations, emphasizes the progress made as well as the ongoing difficulties in accurately distinguishing deception from truth. The limitations of conventional techniques like behavior analysis interviews and polygraph exams, the potential of alternative strategies like voice tone analysis and facial expression analysis, and the moral ramifications of using emotional AI systems for deception detection are some of the main subjects covered. The review highlights the necessity for ongoing interdisciplinary research efforts and ethical concerns through critical analysis and discussion, in order to progress the field of deception detection while maintaining justice and respect to human rights values.

Compatibility of Human Rights and Sharia: The Perspective of Interreligious Leaders in South and West Aceh Indonesia

Human rights and Islamic law are two distinct sources of law with the common orientation of upholding the dignity of human beings. This study aimed to explore the compatibility of the two to avoid any conflicts and to ensure legal development that considers both human rights values and Islamic law, particularly in Aceh where Islamic law is implemented. The study began by asking two fundamental questions: how are human rights and Islamic law compatible in the context of legal development in Aceh? And how do interfaith figures in southwest Aceh view the compatibility of human rights and Islamic law? The study utilized qualitative research methods with a phenomenological approach and an interpretive paradigm, and it concluded with a continuous qualitative narrative analysis from the start of the research until its completion. The research findings indicate that human rights and Islamic law have been incorporated into the formulation of every law and can accommodate all segments of society in Aceh, both in terms of religion and humanity. Additionally, human rights and Sharia law in Aceh have found a point of convergence that is supported by the acceptance of cross-religious communities, particularly in southwestern Aceh. Thus, this research suggests that human rights and Sharia law are not in conflict with each other because they share the same orientation of respecting the dignity of humanity.

Personnel perceptions of a positive practice environment in public nursing education institutions in South Africa: A descriptive qualitative study

BackgroundWhile much is known about aspects of the practice environment and its influence on staff outcomes and quality of education, less is known about creating positive practice environments in public nursing education institutions, especially in developing countries. AimTo describe the perceptions of the personnel of a public nursing education institution identified as having the most positive practice environment and nurse educator outcomes. DesignA qualitative descriptive research design was used. MethodsAll-inclusive voluntary sampling was applied at one public nursing education institution in the Gauteng Province with the principal, vice-principal, heads of departments (N = 11; n = 6), nurse educators (N = 93; n = 17), and administrative staff (N = 42; n = 11). Semi-structured individual and focus group interviews were conducted and inductive thematic analysis was used. Data was collected from November 2019 until March 2020. ResultsPersonnel indicated interpersonal relationships, effective communication and enhancing team dynamics as the main theme of the study, with seven specific sub-themes as raised by managers, nurse educators and administrative staff. ConclusionInterpersonal relationships, communication and enhancing team dynamics is the main drive for a positive practice environment. The most significant responsibility in creating such an environment is the managers' ability to lead and support personnel. In addition to intentionally fostering collegial and collaborative relationships, managers need to be approachable. In addition to upholding fundamental human rights values and fostering active participation in decision-making, managers should exercise sensitive leadership. and encourage staff wellness support measures. Twitter abstractInterpersonal relationships, effective communication and enhancing team dynamics are the most crucial tactics for promoting positive practice environments at public nursing education institutions in a province of South Africa.

Instrument for Protection and Enforcement of Human Rights in Indonesia

Human rights are an inseparable component of human life, both in the social, economic, religious, political and even educational fields, because these rights are an integral part of every human being since birth. In addition, the context of the discussion of Human Rights cannot be separated from the scope of the state, because it has become an obligation for a country to guarantee and protect this right under any conditions, Indonesia is also one of the countries that provide guarantees and protection for every right. human rights, although in reality its implementation can still be categorized as not conducive, because this can be seen in the development of cases that allude to the issue of upholding human rights in Indonesia. During the reform era in Indonesia, there were several amendments to the 1945 Constitution. These amendments aimed to improve and strengthen the democratic system and protect human rights. In 1999, the first amendment was made to the 1945 Constitution. This research aims to find out the basic legal concept of protecting and enforcing human rights law in Indonesia, besides that it also aims to increase public insight into the importance of human rights values in the context of state life. In this research the author uses a normative approach by examining several materials or literature data which also discusses the issue of basic legal concepts of protection and enforcement.

IMPLEMENTASI PENGEMBANGAN PENDIDIKAN MULTIKULTURAL DI SEKOLAH

The current education situation in Indonesia is no longer adequate for people who havediverse and more than one culture. Therefore, change or transformation is needed in theeducation domain in Indonesia, by adopting the concept of multicultural education as analternative to education that only follows one culture.The importance of multicultural education has received a positive response in several casesand is strengthened by Law of the Republic of Indonesia no. 20 of 2003 concerning theNational Education System. This law includes human rights values as an integral part of thenational education system, upholds the principles of justice, and emphasizes the importanceof respecting human rights, religious values, cultural values, and the nation's culturaldiversity.So, the implementation of education requires and requires a curriculum that hasmulticultural values. These values must be the main basis for planning, implementing andevaluating curricula in various educational institutions, including schools, madrasas andIslamic boarding schools. Islamic religious education also has an important role in instillingthe values of multiculturalism in students, which are based on the teachings of the Koranand hadith. This teaching has the potential to form students who have faith in God Almighty.Apart from that, the aim of implementation and values in learning Islamic religious educationis to help students develop knowledge and behavior both in individual and social life.

Human Rights Litigation in Africa Under Attack

Human rights values, to which international organisations adhere, serve not only as the working premise for achieving their goals but also constitute an inherent part of their legal framework and judicial decisions. Established by States that claim to share a fundamental set of values from the outset and are committed to reflecting these values throughout their activities, the African Union is no exception. The organisation articulated its fundamental principles and values in its founding Treaties, which include, among others, ‘respect for democratic principles, human rights, the rule of law, and good governance.’ Over time, various preventive, monitoring, and enforcement mechanisms have been developed to realise these human rights objectives in the continent. This progress includes the establishment of the African Commission in 1987 and the creation of the African Court in 1998, as well as the expansion of human rights jurisdiction of sub-regional courts over time. This article delves into the resistance faced by the judicial mechanisms used to enforce human rights in Africa. As demonstrated, in all cases under discussion, a State subject to an adverse ruling of the court responded by questioning its legitimacy and authority, advocating for institutional reforms to weaken the fledgling human rights system on the continent. The article highlights the similarities and differences between all cases, illustrating that the impact of political reaction in the case of the continental African Court and the SADC Tribunal has been much more severe than the ECOWAS and the EACJ court. It is argued that the institutional design of the courts, the scale of the community, relative State power, the subject matter of the judgment, the requirement to obtain consensus to revise the founding treaty of the courts, and the engagement of civil societies played crucial roles in determining the type and outcome of backlash in the cases under discussion.

Critical theory and memory politics: leftist autocritique after the Ukraine war

Abstract In recent years, Western governments have invoked the values of universal human rights to justify large-scale military operations. Critical theorists have often responded that these campaigns serve not to promote peace, stability, or prosperity, but to entrench Western economic and political power, often in ways that have been devastating for local populations. However, Russia’s 2022 invasion of Ukraine casts doubt on whether assumptions about Western dominance will continue to furnish adequate accounts of global armed conflict. Critical theorists base many of their views on what is sometimes called ‘memory politics’, meaning that they cite histories of Western militarism, colonialism, racism and economic exploitation as backdrops to current policies. In this article it is argued that they will only be able to explain a conflict like the Ukraine war with credibility by incorporating into their memory politics the left’s own histories of supporting autocratic regimes.

The proposal for the implementation of elections in Indonesia: a framework based on the presidential system

As a democratic country, in order to promote the general welfare, all citizens have the same right to exercise their political rights. In the context of organizing general elections, a form of democracy adopted by Indonesia. . Elections that are carried out transparently and peacefully and the elected leaders are generated by the most votes, then the country can be called a democratic country. The purpose of this research is to show that the function of political parties in selecting legislative candidates This type of research is normative legal research, using a conceptual approach. The research method is a legal scientific logic research procedure. The results of this study indicate that the application of an open proportional system has a major influence on every determination of the quality of legislative members, and the enactment of an open proportional system causes many popular legislative candidates to be elected without considering the capacity of the ability of legislative candidates who will ascend to office, and an open proportional system that best reflects the basic principles of democracy a In the implementation of several policies of t h e Constitutional Court with the Decision issued by allowing educational institutions as campaign sites. There are pros and cons to this. But basically where the community is smart in politics is one of the requirements in realizing a good democracy. The other main requirements are fair law enforcement and respect for human rights values.

Preventive Efforts To Prevent Criminal Acts Of Violence Against Prisoners With Prisoners In Class II B State Detention Center Pangkalan Brandan

The purpose of this study is to explain the form and effect of violence against prisoners with other prisoners in the Class II B State Detention Center Pangkalan Brandan, the factors that cause violence by prisoners in the Class II B State Detention Center Pangkalan Brandan and sanctions for prisoners who commit violence between prisoners in the class II B State Detention Center Pangkalan Brandan. To obtain data in this study, research was conducted, to obtain secondary data by reading legislation, scientific works, opinions of scholars, books, articles and other materials related to this research, and field research was conducted to obtain primary data related to this research through interviews with respondents and informants in this writing. Based on the results of the research, it is known that the State Detention Center Class II B Pangkalan Brandan conducts coaching, namely independence coaching and personality coaching. Coaching, namely fostering independence and fostering personality as well as socializing human rights values in coaching and given the legal consequences given to the perpetrators of the fight itself, can be classified into two types, namely administrative sanctions, and criminal sanctions.

Ideal Formulation of Human Rights Regulation in Indonesia

There have been several human rights cases in several regions in Indonesia in recent years and the ripples of conflict that have accompanied them show that there are differences in interpretation of the principles and implementation of human rights among the community. In this case, it is necessary to formulate regulations on human rights that are good and universally applicable to all groups. This research aims to offer an ideal formulation of human rights regulation in Indonesia. This research uses descriptive qualitative method or also known as literature study. This research reveals findings as one of the problem solving in human rights issues. There are three things that must be promoted as a form of struggle in maintaining human rights in Indonesia, namely strengthening the values of Pancasila as a source of human rights values, the need for a common perception of the conception of the implementation of ideal human rights in Indonesia, and the idea of a human rights education movement among the community on an ongoing basis.

Islamic Headscarves: The Other-Religion Effect and Religious Literacy at the European Court of Human Rights

ABSTRACT Islamic headscarves continue to be one of the most controversial issues concerning Muslims across Europe. In order to analyse how the headscarf is evaluated through the prism of human rights values and moral principles in Europe, this article revisits some headscarf cases heard at the European Court of Human Rights (ECtHR). The weaknesses in the rulings have been widely examined but this article will focus on the religious individual, her agency, and the link between her and her associated group, which have been less discussed in the literature. The article highlights that the modern socio-political structure of the Council of Europe countries is strikingly different from that of their pre-modern counterparts. Thus, the contours of religious groups, the link between an individual and her associated group, and the positioning of various religious groups vis-a-vis the state require a set of approaches to a religious claim centred on the individual believer. This can be clearly observed in the theoretical underpinnings of the European Convention on Human Rights, which, however, are not pursued adequately in practice because the actual rulings not only involve logic but also include perception.