Human Rights Values Research Articles

An Investigation of Church Based Peace Building Models in Selected Churches in Kericho County

Peacebuilding with all members of the community in view of stemming potential and existing tension has become a necessity. In majority of politically and ethnically instigated violence, such as in the Kenyan post-election violence of 2008 and 2017, the Church was a major player in peace building processes as well as in the reconciliation process. This paper endeavoured to explore the available peace building models adopted by the Church in Kenya since 2008. To attain the mentioned objectives, the study engaged the Fowler theory of faith development. This was a qualitative research that applied the use of interviews and Focus Group discussions in the collection of primary data while secondary data used in this research was acquired through the review of documents and other relevant literature in public libraries and Church archives. Purposive sampling techniques were used to identify respondents, and the data analysed using context analysis. The study established Peace building models used by the Church were Mounting of Humanitarian Response Model and Policy advocacy which were done through Dialogue, Seminars, Evangelism, Sports and cultural events. These approaches to some extent helped to mitigate tension and violence in the region. Youth mentorship programs by the Church contributed to instilling the values of unity, honesty, peaceful co-existence as well as self-reliance among youth in the region and the society at large. The study recommends that religious organizations such as the National Council of Churches in Kenya (NCCK) and leaders should pursue peace building by ensuring that justice to all is achieved through methods that have respect for the people and also allow for the restoration of relations that foster and seek to correct injustices in regard to the fundamental values of human rights. The Kenyan Church should join many other faith-based peace advocates who endeavour to put into practise the principles of their belief in a manner that enables the building of local, regional, nationwide, as well as global machineries favourable for peace.

Sociocultural Based Islamic Education at School in Rural Communities, South Sumatra

Socio-cultural values that prioritize the formation of noble characters are gradually starting to be considered incompatible with the times, students are more fond of popular culture presented by various media available in the community. In fact, each region has a rich culture that can be developed to become the basis for character education for students in the area. The method used in writing this article is a qualitative method, using a phenomenological approach. The respondents in this study were teachers, community, local government in rural communities. To obtain data, the authors used interviews and observations at the research site. Social and cultural changes in society can affect the educational process as a result of a shift in the educational paradigm, such as changing the way of life, ways of learning, ways of communicating and thinking and others. The process of Islamic education in rural communities schools of South Sumatra must improve by changing the paradigm of sociocultural-based education in order to answer the demands of the times. In addition, Islamic education in schools must develop the values of peace, tolerance, human rights, democracy and justice. Educators in certain ethnic-religious-based schools should teach universal human and justice values that uphold the values of peace. Islamic education in schools with a sociocultural basis must teach students about universal religious values. Educators must teach and instill religious and cultural values that are friendly to differences, non-violence, uphold peace, and justice.

European Union’s Response to Rising Xeno-Racism in Europe

Ever since the start of the Syrian Civil War in 2011, Europe has experienced a huge influx of refugees, which has led to demographic and social changes and created fears about the erosion of the European civilisation and Christian values. The Continent has also experienced several Islamic terrorist attacks- like those in Paris, London, Brussels and Berlin. This, coupled with the rise of the right-wing in Europe, has led to increasing xeno-racism, particularly of an Islamophobic variety that has resulted in the creation of an environment of intolerance and exclusion. At times this has manifested itself as outright hostility towards the Muslim community through hate crimes which take the form of physical and verbal attacks on visibly identifiable and more tangible symbols of Islam like hijabs, headscarves, burkhas and mosques. Yet, most of these hate crimes remain unreported and unaddressed. The European Union (EU) is a one of a kind post-modern entity professing values of equality, democracy and human rights. Given this commitment, this paper attempts to take stock of the EU’s response to rising xeno-racism with particular attention to Islamophobia and the Member States’ attempts to grapple with the same.

Nilai-Nilai Hak Asasi Manusia Dalam Penanganan ODGJ di Kota Tasikmalaya Berdasarkan Undang-Undang Republik Indonesia Nomor 19 Tahun 2011

In this journal, the author will discuss the odgj issues in Tasikmalaya City and how stakeholders in Tasikmalaya City perform respect, protection and fulfillment of ODGJ rights. This research shows ODGJ from various perspectives including the perspective of the community with the study of Laws and Regulations, namely Law No. 19 of 2011 concerning the Convention on the Rights Person with Disabilities / CRPD, where in the Law focuses on human rights values that must be applied in handling ODGJ, such as recognition and elimination of discrimination and stigma against ODGJ. Theories used in this study are the theory of Democracy and Human Rights and the concept of Public Policy. This journal will focus on discussing the presence of the state in handling ODGJ, in this case stakeholders in Tasikmalaya City who have a relationship regarding ODGJ issues. The method used in this study is Descriptive Qualitative with Interactive Analysis techniques. Where the results of the discussion of this study are the implementation of respect for the Protection and Fulfillment of ODGJ Rights which cannot be done optimally due to various factors. Communities/families with ODGJ members and stakeholders are key in this research.

Evaluating the Ideological Stances in the speeches of British Political Leaders on the Syrian Refugees' Crisis:

This study is an attempt to analyze the speeches of leaders of the main UK political partieson the Syrian refugees' crisis following the spread of horrific images of Syrian familiesand children facing death in the Mediterranean Sea on their way to Europe to escape theongoing war in their home country. The study applies the Appraisal Model as the mainapproach of analysis, as the researcher seeks to investigate how the Syrian refugees arerepresented in the political speeches of prominent party leaders in the UK. In addition, thestudy explores how the western values of democracy and human rights are maintained oroverlooked while dealing with the Syrian refugees escaping the war in their homeland tosome European countries and the UK. The study consists of four sections. Theintroductory one outlines the context, objective, significance and the methodology of thestudy. Section two outlines the review of literature, while section three deals with theanalysis and discussion of data, and section four presents the findings and conclusion ofthe study.

Legalitas Pergantian Kekuasaan Di Afganistan Melalui Coup D’etat Oleh Taliban Menurut Hukum Internasional

Since the US withdrew all its military forces, the Taliban as one of the ultra-conservative factions managed to hold control of all Afghanistan. The dominance of the Taliban's power has peaked since the coup d'etat (coup) of the legitimate government in power under President Ashraf Ghani. The international community condemns the coup act and fears the Taliban leadership will pursue policies that are incompatible with human rights values. For this reason, this study examines the legality of the coup act carried out by the Taliban according to international law. In addition, this study will also analyze how the government under the control of the Taliban can gain recognition from other countries so that it can be used as a modality for establishing international relations. By using normative legal research, this study concludes that to determine the legality of the coup carried out by the Taliban, it is very dependent on the constitutionality of the coup according to Afghan law, their effective control, and their compliance with international law. Although the recognition is still ambiguous in practice, the Afghan government under the Taliban needs it to be actively involved in international relations

PRAKTIK GELAP PERDAGANGAN MANUSIA (HUMAN TRAFFICKING) YANG MENJADI SOROTAN DUNIA)

Human trafficking is not only a black record for Indonesia, but has become a global issue. The rise of this practice and the increasing number of cases from time to time finally led the United Nations Office on Drugs and Crime (UNODC) as an agency or organization that focuses on dealing with these polemics and also initiated a series of international convention to discuss issue related to this. It’s quite crucial. According to the PBB itself, human trafficking is categorized as one of the third largest illicit companies in the world. This is also proven by the fantastic income, which is 9.6 million USD. Not only that, but Human Trafficking is one of the darkest companies that is closely related to other elements. Such as money laundering, document falsification, drug trafficking (Drugs), and also immigrant smuggling (smuggling). Based on the quote above, it can be said that until now the practice of human trafficking is still rampant in the life of the world. These actions are very contradictory and at the same time contrary to the noble teaching and values of human rights (HAM). Because human trafficking is how someone is deprived of their rights and also cannot be souvereign like humans in general. This is a very serious matter and should not be left alone. There is a need for firm preventif measures to overcome these problems.

Gender justice in global tourism: exploring tourism transformation through the lens of feminist alternative economics

Tourism is one of the sectors most affected by the COVID-19 pandemic. Women make up the majority of tourism and hospitality workers and are bearing the brunt of the impact of COVID-19. Evidence suggests that women’s economic and productive lives will be disproportionately and differently affected, with the economic impacts lingering for many years after the end of the pandemic. Feminist political economics critiques the intertwined neo-liberal, patriarchal, capitalist structures, which are deemed to be at the root of the global crises society is facing. Using a critical, feminist perspective, this conceptual article explores alternative economic approaches. We suggest a Feminist Alternative Tourism Economics (FATE) approach, embracing an integration of Feminist Ethic of Care, Social Solidarity Economy and Human Rights Based Economy, critiqued through the lens of decolonisation, could present an alternative pathway to achieving a more gender just society and tourism system. We argue a focus on feminist values of care, solidarity and Human Rights could provide a chance for tackling major global climate and pandemic emergencies by reducing crisis vulnerability and increasing resilience and sustainability.

The Achilles’ Heel of Democracy and the Strength of Autocracy

The Western world has passed a difficult time to reach today's level of socio-economic and political development. However, their experience does not tell that at the early stages of their development they started from democracy. For developing countries, it may be from devotion to “generously help” developing countries or deliberately impede development, they advocate democracy although everything must be context sensitive. One political system cannot be fit for all countries at all times. What is important is to set a universal goal thanuniversal means. All countries at some point in time converge on values of democracy and hu man rights. But given differences in resources, institutions, history, and external influence, the way they develop, and exercisedemocracy cannot be the same. The conditions in which developing countries are determine what political regime to be applied. Both Democracy and Autocracy have their merits and demerits. We should take what is best for developing countries from these regimes. They are not oil and water that we can mix to produce the bestpolitical system. The major objective of this article is to indicate the proper balance between democracy and autocracy suitable for developing countries that are struggling to achieve development in the middle of fierce domestic and global challenges. To this end, qualitative method is employed to collect and analyze secondary data. Accordingly, the study has come up with a finding that at the early stage of development it is inevitable for developing countries to adopt a democratic authoritarian regime.

Kasus LGBT dalam Negara dan Perspektif Alquran & Tafsir Surah Al A’raf Ayat 80

This study aims to discuss the controversial LGBT issue at a time when human rights values ​​became the dominant discourse in democratic countries, including Indonesia. In this context, in Indonesia in particular, there has been a discourse contestation between religious teachings on the one hand and new values ​​that have emerged due to the strengthening of democratic values, especially the value of human rights. Religious teachings that are repressive towards LGBT have become the target of criticism and are considered to hinder the implementation of the basic values ​​possessed by humans, namely freedom. This has strategic value for the religious group itself as well as for its opponents. For religious groups, this rationale can reaffirm their belief in the truth of their religion while for the opponents, this explanation becomes an idea that can be discussed more broadly for consideration of its usefulness in the present.

On the role of the US in EU-Japan relations: Is trilateralism still on agenda?

This article is devoted to analyzing the contemporary configuration of relations inside the triad of the US, the European Union, and Japan, often addressed to as trilateral relations. The ‘three pillars’ theory, which is acknowledged to be a root of the trilateralism concept, was originally introduced by the Japanese Prime Minister Ikeda Hayato during his visit to Paris in 1962. Later, in the 1980s, it was developed by the Japanese diplomat Owada Hisashi, known for his active participation in the Hague declaration preparatory process. This concept was widely used by researchers in the 1990–2000s to explain current EU-Japan relations and their place in world politics. Indeed, it seems natural to develop cooperation between the participants of the so-called ‘triangle’, which dominated the world economically and shared common values of democracy, human rights, and free trade. Meanwhile, although the Transatlantic and Transpacific relations were highly developed due to security cooperation, the Japan-EU relations during the whole post-war period were far less advanced and thus were often called a ‘weak side’ of the triangle. Today, when the US is actively promoting new alliances in the Indo-Pacific region, engaging Australia and India, and the economic predominance of the three economies is challenged by China, addressing this triangle scheme as a working political relations model can be put in doubt.The article argues that, presently, it is difficult to interpret the triangle as a working political model, which is characterized by mutual interdependence of the three engaging actors. The author looks at the roots of this concept, analyzes the reasons why it was the Japanese side who offered such a vision of the US-EC-Japan relations, the role of the US in Japan-Western Europe relations. After considering the decisions of the D. Trump and J. Biden administrations towards their ‘junior partners’, the author concludes that inconsistent, difficult to forecast policy of the Trump administration led to the strengthening of the EU-Japan relationship, which gives reason to point to a certain extent of interdependence between the participants of the triangle. However, the Biden administration’s policy, which seems to be more consistent, but short of idealism towards its allies, has not significantly influenced the EU-Japan relations so far. Rather, it opened the way to search for new partnerships. The conclusion of a defense pact between Japan and Australia in January 2022 is a good example of this process, showing that the partners’ choice is dictated not by a necessity to develop ‘trilateral’ relations, but by pragmatic assessment of effectiveness of this or that partnership.

Civic and Uncivic Values in Poland: Value Transformation, Education, and Culture

Civic and Uncivic Values in Poland: Value Transformation, Education, and Culture

Formal Procedure Versus Victim's Interest: Antinomy of Handling Sexual Violence Cases In East Luwu

Complexity and challenges in uncovering crimes by the police have brought the law enforcement process to purely formal matters. Since the Indonesian police agency separated from the armed forces, their formal and professional attitude has faced many realities on the ground: choosing formal precedence (legal procedures) and ignoring the interests of victims. Legal procedures are more focused on formal justice in accordance with existing, written rules of the game and cannot provide freedom of action. The police are only the spokesperson for written laws and regulations. The idea of ​​being part of people's lives is collided with formal procedures. This condition requires the police to ignore substantial justice, whose importance is more important than mere procedural matters. Law enforcement that is only based on procedures without being balanced with efforts to achieve the goals of law enforcement actually has the potential to damage the order of human rights values. The type of research used is normative legal research using a legal approach, a historical approach, and a philosophical approach. Law enforcement by the police which tends to discriminate against the rights of victims has an impact on the low level of public trust in the police institution which ultimately makes many victims reluctant to report to the police.

The influence of the socio-political identification of modern youth on notions of moral values and norms

Representatives of the younger generation today offer their own assessments of the actions of political actors based on moral values and norms. However, with a more detailed analysis of such assessments, one can notice the blurring of the criteria by which any political decision or action is evaluated. In connection with this, the question arises about the specifics of understanding by the young generations of those moral values and norms that serve as a justification for the proposed assessments. The empirical basis of the study is the results of the project “Moral and political in the minds of Russian youth: value orientations, ethical ideas and political attitudes”, implemented in 2020–2021. The proposed article touches upon the issue of the influence of the socio-political identity of the representatives of the younger generation on their moral assessments of political phenomena and processes. The results of the study show the special attention of young respondents to the values of justice, freedom, human rights, and self-realization.

Human Dignity in Legal Argumentation: A Functional Perspective

A functional universalistic approach to human dignity in legal argumentation – a theory which applies three variables to define the functions of dignity: content width, argumentative power, and applicability before courts – relative individual right, objective value and source of human rights as legitimate basic functions – the problematic nature of hybrid functions created by blending the basic functions – a set of principles to avoid hybrid functions and minimise the problems caused by them – qualitative analysis of several examples of judgments by supreme, constitutional and international courts to support the theory

About Issue 2 of 2022

This issue was undoubtedly the most challenging in my life due to events that I would never have believed could happen in my lifetime or afterward. The heredity of WW2 seemed to me so remarkable and obvious, contemporary human rights values looked so strong and indisputable, that any such open and destructive violations of these rights could hardly be imagined by even the most sceptical people in Europe. Despite many reasonable grounds for this scepticism appearing since 2014, I preferred to believe that these were only politicians’ games and that nobody could ever cross this Rubicon. Yet, during these last months, the whole world has been faced with unprecedented acts against the independent and democratic state in Europe, the ancient nation, and the whole idea of the rule of law. The war in Ukraine has become an event of worldwide relevance: the effects of this war will be borne by future generations of Europeans who are suffering now because of it. Millions of Ukrainians moved to the EU member states and abroad, leaving their homes and property. Many individuals have become victims of war crimes. All this should be the basis for rethinking access to justice as a concept, as well as our system of preventing such a conflict in the future. Even though this war is not the first war in Europe, we must learn lessons from the current events and take the next steps to uphold the rule of law and human rights protection, as was done after WW2. The necessity of an effective conflict resolution system is clear if we are to prevent overcrowded courts and resolve the uncertainties in European society at large.

Islamic values and Asian values

The Paper gives an insight into the values of Asian and Islamic countries with respect to human rights. It helps in understanding the problems that are prevalent in these countries and what could be done in order to bring the concept of human rights as it exists in these countries on par with the liberal ideas of West. The paper deals with analysis of human rights in reference to Asian and Islamic values. The idea of Human Rights is regarded as the idea of West and the Asian and Islamic practices pose a challenge to this idea. The study is limited to comparison between Western values of human rights and Asian practices; the development of human rights in Islamic culture and the challenges that exist even in the modern world. The paper also puts across the views of some renowned philosophers and supporters of Human Rights as to the concept of ‘cultural relativism’, ‘the relative universality of human rights’ and the impact of difference in practices on the rights of women and other weaker sections of the society.

ESMA Museum as a Place of "Hot" Memory

In this article, the object of research is the ESMA memorial Museum, organized in the former underground detention center, one of many belonging to the period of the "last" dictatorship in Argentina (1975-1983). The subject of study, in turn, were the properties of ESMA that evoke a response in the historical consciousness of society. As a theoretical basis, the article uses the concept of "hot" memory, proposed by the German researcher J. Assman. To answer the question of what makes the ESMA museum a place of "hot" memory, the author turns to the context of the transformation of ESMA into a museum space, analyzes its content, as well as the status of the object of memory policy. In addition to studying the basic techniques of working with memory used in ESMA, the author also examines the current assessments given by a number of other authors regarding the official policy of memory reflected in the activities of the museum. The observed tension in the context of the clash of different memory policies and approaches to its preservation allows the author to conclude that the ESMA museum remains a place of "hot" memory. Being a space of "experience" that focuses on evoking an emotional response from visitors, ESMA not only allows Argentines to reflect on their own past, but also reminds new generations of the value of human life and inalienable human rights.

O Serviço Social e a intervenção com as pessoas trans. Um apelo na capacitação e integração dos profissionais desta ciência e profissão

It is a reality that some trans people experience obstructions in the fulfillment of human rights and are often deprived of a full compliance in the exercise of citizenship. There are organizations that promote the full civic participation of these people, urging the States to create policy that involve, promote, and assist the constraints that these people face nowadays. The Social Sciences have strengthened collaborative research in the debunking of prejudice, and Social Work emerges as a bridge in the devolution of citizenship and the empowerment of trans people, having as reference the values of Human Rights. Social workers are key allies in efforts to ensure well-being and equity for people with non-normative gender identity. These professionals are committed in promoting policies and programs that affirm, support, and value individuals and communities, ever committed to both social and justice inclusion.

South Africa's jurisdictional challenge with the under-development of cross-border commercial litigation: Litigation v Arbitration

Private international law is a globally established field of law however, its pre-eminence in Africa is insignificant and this has been as a result of its relevance, which according to many scholars is arguable. It follows logically therefore, that it is underdeveloped in Africa, and as this article posits, specifically in South Africa. This article advocates for the development of South African private international law by endorsing South Africa as a viable neutral jurisdiction venue for cross-border commercial disputes, in future. According to this article, this is to be achieved by the recognition of neutral jurisdiction clauses in South African courts. This can only be done by developing an effective and just system of cross-border/trans-national litigation. The proposed sound cross-border jurisdictional rules will supplement the newly established transnational arbitration regime. In order to achieve this, this research reflects an integrated comparative approach by establishing comparative perspectives mainly from the UK, USA, Brazil, Kosovo and South Africa.1 Based on its constitutional values of inalienable human rights and access to courts (justice), South Africa stands to gain immensely from incoming commercial arbitration and commercial litigation as forms of dispute resolution. This will establish the country as the preferred venue for arbitration and litigation on the African continent and beyond.