Violation Of Human Rights Research Articles

Protection of Human Rights in the Investigation Process Criminal Offenses in Indonesia

The criminal investigation process is the initial stage in the criminal justice system that has great potential for human rights violations. This research aims to analyze the implementation of human rights protection in the criminal investigation process in Indonesia, with a focus on identifying obstacles and challenges faced, and providing recommendations for improvement. The research method used is a qualitative approach with normative analysis of various national and international legal instruments governing human rights protection, as well as case studies and in-depth interviews with law enforcement officials and legal experts. The results showed that although Indonesia has a strong legal framework to protect human rights, as stipulated in the 1945 Constitution, Law No. 39/1999 on Human Rights, and the Criminal Procedure Code (KUHAP), there are still various obstacles in its implementation. Cases of torture and inhumane treatment, detention without legal procedures, and limited access to legal aid are still common. The main causes of these problems are lack of oversight, lack of training of law enforcement officials on human rights, and limited resources to provide adequate legal aid.

Female Genital Mutilation/Cutting Related to Reproductive Health Needs During Pregnancy and Birth

Female genital mutilation and cutting (FGM/C) is a human rights violation and a form of gender-based violence. Yet it is estimated that more than 230 million women and girls globally and over half a million women and girls living in the United States have been subjected to FGM/C or are at risk. Due to rising rates of immigration to the United States, it is more likely that health care providers will encounter patients subjected to FGM/C. In this column, I review clinicians’ knowledge of and experience in delivering care to women with FGM/C, patient experiences, the role of clinical guidelines, screening, research gaps, laws, and data. I conclude with recommendations from professional organizations related to the reproductive health needs of women affected by FGM/C during pregnancy and birth.

Multilevel analysis of intimate partner violence and associated factors among reproductive-age women: Kenya demographic and health survey 2022 data

IntroductionIntimate partner violence is a human rights violation that often involves violence against women, which appears to be the most prevalent type of abuse. Intimate partner violence is a major global public health issue that includes physical, emotional, and sexual violence. The prevalence of intimate partner violence in Africa is high. The burden of intimate partner violence among reproductive-age women is high in Kenya. Therefore, the main aim of this study is to determine the associated factors of intimate partner violence among reproductive-age women at the individual and community level from the recent Demographic and Health Survey (DHS) 2022 data of Kenya.MethodsThe Kenya National Demographic and Health Survey data of 2022 was used for this study. The overall sample size for this study was 14,612, which focused on women aged 15 to 49 years who had ever been partnered and responded to the domestic violence module. Multilevel logistic regression models to determine the prevalence and associated factors at the individual and community level with intimate partner violence with a 95% Confidence Interval (CI) and Adjusted Odds Ratio (AOR).ResultThe overall prevalence of intimate partner violence was 41.1% with a 95% CI (40.07%, 42.60. Male-headed households, poorest and middle wealth status, partner alcohol use, separated/widowed current marital status, and low education of women were statistically significantly associated with intimate partner violence at the individual level variables in this study.ConclusionsThe prevalence of intimate partner violence was high. Educating women, reducing partner alcohol use, and improving the economic status of women, were crucial in mitigating the burden of intimate partner violence. The intimate partners are supposed to respect the rights of women.

Colombia – US relations in an era of great power competition

AbstractLatin America and the Caribbean is becoming the next region of strategic importance in an era of great power competition, and no other country is more pivotal to the balance of power there than Colombia. Chinese influence in Latin America and the Caribbean has increased tremendously in the last decade through the expansion of the Belt and Road Initiative, trade volumes, and diplomatic pressures on Latin American and Caribbean countries, both for them to recognize Beijing's government and to remain quiet in international fora about Beijing's human rights violations. Field work conducted in Colombia complemented by consultation of qualitative and quantitative secondary sources revealed that Colombia has been an exception, receiving less Chinese attention and investment compared to other countries in the region. Colombia's special relationship with the United States, its own reluctance to turn towards China, and China's decision to prioritize other nations in the region emerge as reasons for why Colombia is an exceptional case. And yet, looking ahead, this reality is likely to change. The United States must act deliberately and decisively now to strengthen its special relationship with Colombia and thus maintain its strategic standing in Latin America for the coming decades.

A critical analysis of how sexual violence against women is defined and addressed within existing legal instruments in Bangladesh

Violence against Women (VAW) is considered a gender-specific human rights violation and is a form of discrimination that perpetuates women’s subordination and patriarchal structures throughout all levels of society. Research continues to demonstrate that the legal instruments dealing with sexual offences in Bangladesh have significant limitations and fail to meet international standards. This article identifies gaps between Bangladeshi domestic legal instruments and international legal instruments. In order to uncover and analyse the gaps, I employed thematic analysis techniques and a feminist legal theoretical lens. The findings of the study show that there are significant gaps and limitations regarding the conceptualisation of sexual violence, trial process, medical tests, variability of punishment, and protecting rights of victims in the present Bangladeshi legal instruments in comparison to the international instruments. This research provides insight into the alarming situation of sexual violence against women in Bangladesh and the problematic gaps within legal instruments in that nation, which governmental and academic authorities must consider if they are to be effective in preventing violence against women in Bangladesh.

Banditry and the complicity of authorities in Zamfara State

Banditry is one of the major forms of insecurity in many states of the Northwest of Nigeria; it specifically poses significant threats to the wellbeing of the community and the economic stability in Zamfara State. The objective of this work is to examine the causes of banditry, analyze the impact on socio-economic, political and human security in Zamfara State and unravel the complicity of authorities in the banditry syndicate. Employing a qualitative approach, using primary sources, the study adopted the human security theory which emphasized the impact of banditry on the wellbeing and safety of people and communities in Zamfara State. The research findings include the identification of several causes of banditry which are farmer-herder conflicts, state and traditional rulers’ complicity, poverty. Banditry’s impact on the socio-economic activities has led to a significant decline in agricultural productivity, economic instability, loss of lives and property while in the political aspect it has resulted in a weak governance, political instability and threat to democratic process. Human security is severely impacted by banditry, with thousands of people displaced, human rights violation and disruption of basic services such as healthcare and education. The research recommended the adoption of integrated security strategies, economic support and development, community-based initiatives, government accountability and improvement, conflict resolution, human security and social services which should be critically used to mitigate the adverse effect of banditry and restore stability in Zamfara State.

Pergolakan Timor-Timur 1999 dan Relevansinya pada Penerapan Hak Asasi Manusia di Indonesia

This article focuses on the role of the Indonesian State in fighting human rights violations during the 1999 East Timor Upheaval. The 1999 East Timor Upheaval was one of the most serious human rights violations that occurred in Indonesia. The Indonesian state has an important role in eradicating human rights violations that occurred in East Timor in 1999, namely by carrying out investigations and trials against perpetrators of human rights violations, providing compensation to victims of human rights violations, and reforming military security law. The method used in this paper is qualitative research through a literature review. Primary sources from books and articles. The Indonesian state needs to increase its role in eradicating human rights violations during the 1999 East Timor Upheaval by holding trials for perpetrators of serious human rights violations, providing adequate compensation to victims of human rights violations, carrying out reforms in the security and military sector, and implementing reforms in the security and military sector. consistently and sustainably, as well as providing education to the community. about the importance of human rights and preventing human rights violations. By taking these steps, the Indonesian state can demonstrate its commitment to fighting human rights violations and protecting the human rights of all its citizens.

Criminalized for Surviving: A Call for Social Justice Advocacy in Anti-Trafficking Efforts

ABSTRACT With continued unjust criminalization of trafficking survivors, it is critical that individuals involved in the anti-trafficking movement move beyond awareness to intentional advocacy efforts. As a follow-up to Criminalized for Surviving: A Call for Legal Relief for Survivors of Human Trafficking, this article, centers around a primary victim/survivor case study (pseudonym Adira), who is also a coauthor, and provides detailed reflections on the processes, experiences, and lessons learned while advocating for survivors who have been unjustly criminalized. Written from the perspective of survivor/overcomer-leaders who have extensive personal and professional expertise in the anti-trafficking movement, and who are educated as social workers, this article is an invitation to join in critical reflection, consider the systemic causes or rather, adaptive challenges (e.g. sexism, classism, racism, etc.) that fuel human rights violations extending beyond trafficking, and contemplate the potential consequences of even the most well-intended efforts. This is a call for a remembrance of our professional roots, a recommitment to those we are gifted to serve and walk alongside in their life journeys, and a re-awakening of social justice advocacy in anti-trafficking efforts.

The interplay between environmental crime and corporate sustainability due diligence

Environmental crimes are a growing concern of today’s society, as are human rights violations committed by corporations. The European Union has defined both topics as legislative priorities and put forward two legislative instruments to better regulate these issues. On a first glance, there is no connection between these topics. However, this paper suggests that there is such a connection, and that the excellent timing of the proposals, which are being discussed at the same time, should be seized. This paper thus argues that the proposal for an Environmental Crime Directive should encompass a human rights approach by criminalizing the violation of serious due diligence obligations of the Corporate Sustainability Due Diligence Directive. Through a detailed analysis of the legislative drafting procedure leading to the proposal for an Environmental Crime Directive, this paper will assess whether such human rights approach is possible and whether it should be followed.

Una lucha contra las violaciones de los derechos humanos en Guapinol, Honduras: la metodología feminista decolonial en las narrativas de resistencia

This article addresses the flagrant human rights violations in Guapinol, Honduras, between 2018-2022, emphasizing the decolonial feminist methodology used in a participatory action investigation. In recent years, the region has witnessed numerous human rights violations, especially related to the defense of the Guapinol River against the mining company Inversiones Los Pinares. The main objective of this article is to explore the methodology employed in the collection of the resistance narratives of five women who are all relatives of the "Guapinol Eight," the water defenders who were imprisoned for their defense of the river. Adopting a human rights perspective, the decolonial feminist methodology revealed the crucial contribution of women in resistance, providing a comprehensive methodological map for understanding the dynamics of oppression, intimidation and violence imposed by Inversiones Los Pinares. The results underscore the essential role of women in the struggle against human rights violations. The article concludes by highlighting the importance of sharing the methodology used, not only as an analysis of the violations in Guapinol, but also as a call for the continued collection and sharing of stories of resistance. The author hopes that this approach will inspire future research that gives voice to the experiences of resistors and promotes social justice.

БНСУ дахь монголчуудын ажил эрхлэлт ба БНСУ-ын гадаадаас ажиллах хүч авах бодлогын өөрчлөлт

Currently, the country where the largest number of overseas Mongolians live and work is Korea, and they account for approximately 3-5% of the Korean labor market. As of December 2023, there is a total of 54,846 Mongolians living in South Korea. The main purpose of this article is to examine the current status of Mongolian workers in Korea and what the Mongolian government should pay attention to in changing Korea's foreign worker policy. Mongolian workers in Korea are working hard for the Mongolian economy and households. However, they are constantly facing various problems, such as difficulties caused by illegal work and human rights violations. Recently, the number of Mongolians living in Korea has been increasing, and there are studies showing that the status of Mongolians in Korean society is improving, but there are many cases where they become illegal immigrants during the period of their employment contracts. In order to improve the treatment of Mongolian workers working in Korea in the future, it is important to focus on improving working and living conditions and improving language skills. While Korea's population growth rate is expected to decline, labor demand in the manufacturing sector is expected to increase in the future. Accordingly, Korea's foreign worker policy is changing, and the main goal of this change is to reduce the number of illegal immigrants and non-professional workers. The Korean government is focusing on meeting, labor market demands by allowing foreigners with high knowledge of the Korean language, ability to adapt to Korean culture and social life, and professional skills to live in Korea for a long period of time. Due to the Korean government's change in foreign labor policy, employment opportunities for Mongolians will increase. In particular, the Korean government needs to attract college graduates and professionals, study the possibility of supporting them when they return to their home country, and implement related specific policies. Examples of the measures include job creation, business support, loans, and simplifying housing loan system.

Impact of Migration On National Security: A Case Study of Border Control Policies in Japan

Purpose: The aim of the study was to analyze the impact of migration on national security: a case study of border control policies. Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: Japan's strict border control policies effectively limit irregular migration and unauthorized entry, enhancing national security. However, concerns arise regarding potential human rights violations, particularly for asylum seekers and refugees. Balancing security with humanitarian considerations is crucial for protecting migrants' rights. Unique Contribution to Theory, Practice and Policy: Securitization theory, rational choice theory & social identity theory may be used to anchor future studies on analyze the impact of migration on national security: a case study of border control policies. Implement more transparent and accountable aid allocation mechanisms that prioritize long-term investments in governance reform, economic development, and social inclusion to address the root causes of instability in recipient countries. Advocate for the adoption of coherent and principled aid allocation policies that balance economic interests with the promotion of democratic governance and human rights protections in recipient countries.

Returning to the teaching of human rights for social work. Lessons learned in Chile from the last 50-30-5 years

ABSTRACT How should we teach recent history to uncover the links between social work and human rights? To answer this question, we critically analyze recent events in Chile with an emphasis on the training process of social work students. A series of recent events have revived the debate on memory, the guarantee of non-repetition, and human rights. The estallido social (2019), attempts to reform the constitution inherited from the military dictatorship, and the commemoration of the 50th anniversary of the coup (2023) all confirm the importance of training policies, remembrance, and teaching practices in transmitting to new generations the experience gained while assisting victims of human rights violations and crimes against humanity. We review three time frames, which we illustrate through interviews and examples of collaborative and teaching work that contextualize social work education in human rights, exploring possible ways to promote remembrance and support the search for truth, justice, and guarantees of non-repetition. Lastly, based on our findings, we propose key training and research topics that can be implemented in undergraduate and graduate education in the region.

Legal Anomie in the Legal Life of Modern Society

Introduction. The article analyzes the problems associated with such a modern challenge as legal anomie. And although anomie is studied very actively in philosophy and sociology, this cannot be said about legal science. The authors advocate the creation of a theory of legal anomie, in which they propose to explore its essence, content and structure, and give it a general characteristic. In this regard, the article examines the concept and signs of legal anomie, shows its place and role not only in the legal system, but also in the legal life of society. Materials and methods. The methodological basis of the research is based on the following general scientific and special methods of cognition of the manifestation of legal anomie in the legal life of modern society: materialistic dialectics, complex and systematic approaches, sociological and statistical, comparative legal and formal legal methods. The results of the study. Anomalous processes are investigated both in relation to the legal system and in relation to a broader category — the legal life of society. Cognition in this way allowed us to "enter" the shadow component of legal life, which is reinforced by abnormal manifestations. As a result of the analysis, it was revealed that legal anomie can be associated with the refusal to comply not only with established legal, but also with other social norms (political, moral, etc.), which sometimes allows it to transform into a special form — dysnomy. Based on the results of the analysis based on statistical and sociological data, it was revealed that the legal anomie that existed in Russia in the 90s has mostly been overcome, in Western countries (primarily in the USA) it is only "gaining momentum", acting as a significant threat to their development.Discussion and conclusion. It is proved that legal anomie has a very significant impact on the legal life of society through its legal system. Abnormal processes, being a destabilizing factor for the latter, thereby chaoticize any vital activity, including legal ones. Such a circumstance is one of the signs of legal anomie, because thereby, in terms of content, a number of legal consequences dangerous to society are created: violations of human and civil rights and freedoms, legality and law and order, harmful effects on the consciousness of the individual, etc.

Foreign Workers and Human Rights Violations: Malaysia’s Response to COVID-19 and The Way Forward

Foreign workforce has significantly contributed to Malaysia’s economy, and this country has been relying on them for decades. Unfortunately, Malaysia was already entangled with the country’s treatment of foreign workers even before the onset of COVID-19. As a government suppression attempt to flatten the COVID-19 pandemic curve, Malaysian efforts to deal with the situation seem to be at the lowest point. Despite the government’s commitment not to detain them throughout the screening process, foreign workers have been held in immigration depots regardless of their legal status. In addition, the overcrowded immigration depot makes it hard to exercise physical distance, hampers the quarantine process, and unequal health care facilities in detention centres. This situation captured worldwide attention since it violated human rights legislation. The protection of workers’ rights is also in tandem with the United Declaration of Human Rights and Sustainable Development Goals 2030 (SDG) 8.8, encouraging and ensuring everyone’s right to a safe and healthy workplace is protected. This paper employed thematic analysis using ATLAS.ti 9 software to evaluate the government’s suppression efforts and human rights violations during COVID-19. The findings propose numerous suggestions, including an emergency review of the admission process for foreign workers to Malaysia. The inconsistency in the government policy had hampered the country’s mission of becoming a developed nation. It thus hindered the advancement of innovation and technology, as in the Twelfth Malaysian Plan and Sustainable Development Goals 2030.

Penggunaan Kembali Istilah Organisasi Papua Merdeka (OPM) Oleh TNI: Analisis Alasan dan Hubungannya dengan Prinsip Negara Hukum

The purpose of this article is to explore the reasons behind the TNI's change of name from KST or KKB to OPM, as well as the relevant principles of the rule of law. The TNI Commander issued a decree on this matter based on acts of terror and violations of human rights committed by the group in the Papua region, which have threatened national security. One of the principles of the rule of law owned by the State of Indonesia is the guarantee of human rights by law. The Indonesian government wants to resolve this conflict not only through a military approach, but also with economic, educational, health, and political approaches. The name change has raised public concerns about an increase in military operations that could harm civilians because there is no guarantee of protection from weapons activities that might occur. In addition, this name change is only carried out by the TNI alone and needs support from many parties.

Sexual Politics in Select DNT Autobiographies: A Study

The implementation of the Criminal Tribes Act by the British Government in 1871 branded certain nomadic and semi-nomadic tribes in India as born criminals who lived by thieving. Despite the official denotification of such tribes in 1952, the stigma associated with their names still remains and they still continue to face various discriminations and violations of human rights in the society. The sufferings of these communities remain mostly ignored by the government. They also hardly find any place in the books of historical, sociological and literary studies. However, the autobiographical narratives produced by writers themselves belonging to such tribes act as authentic documentation of the historical injustices and various casteist segregations faced by their people. But there is hardly any female writer from the nomadic tribes. As a result, the specific concerns of the women of such marginalized communities are even less known than those of their male counterparts. The predicament of the denotified and nomadic tribes (DNT) women is known only so far as it is represented by the male DNT writers. The present study is an attempt to understand the sexual politics and vulnerabilities of the DNT women as represented in the autobiographies of Laxman Gaikwad and Laxman Mane.

Systematic review of healthcare interventions for reducing gender-based violence impact on the mental health of women with disabilities.

Women with disabilities are more exposed to violence. The health sector has a key role in all three levels of prevention of violence against women. The objective of this paper was to review the interventions for preventing gender-based violence and reducing its impact on the mental health of women with any form of disability. Relevant studies were identified through conducting searches in PubMed, Scopus, CINAHL, PsyInfo, Social Services Abstracts, and PILOTS. Two reviewers analyzed and selected studies. A qualitative synthesis was made. 3149 references were obtained, among which eight articles describing nine interventions from the USA and the UK. Most were intended for women with mental/intellectual disability and assessed intimate partner or sexual violence. Only one study showed high methodological quality. They were found to be particularly effective as regards improvement of the skills acquired by participants, but the results as regards improved mental health are not consistent. Our review shows very little evidence of effective interventions. Further studies are required with higher internal validity and female sample groups with diverse disabilities. Gender-based violence is a highly prevalent problem for women with disabilities, and in addition to being a public health challenge is a violation of human rights. Health care systems and policymakers should take a key role in all three levels of prevention of violence against women with disabilities. Interventions with longer follow-up times are required. It is also important for interventions to be designed in consultation with people with disabilities.

Less-lethal weapons: ocular trauma in Chile as psychosocial trauma. Challenges from a human rights and comprehensive perspective.

In October 2019 in Chile, massive protests broke out in the so-called social uprising. The repressive response of the armed forces and Carabineros (Police) resulted in serious and mas-sive violations of human rights, with between 400 and 500 victims of ocular trauma caused mainly by shots from anti-riot shotguns, constituting the largest number of cases in the world linked to a single event. It is proposed to evaluate the different dimensions of the impact of ocular trauma due to state violence, using the concept of psychosocial trauma and a support model that integrates the medical-psychological and social dimensions. Human rights violations of the period are described, focusing on cases of ocular trauma, and state and civil society responses. The requests of a survivors' organisations regarding truth, justice and reparation is presented. A clinical case of ocular trauma treated in our centre is analyzed. Survivors of ocular trauma manifest post-traumatic reactions regardless of the severity of their ocular injuries. The impact on the mental health of survi-vors of ocular trauma due to state violence is a phenomenon where the psychic and psychosocial im-pact of trauma due to socio-political violence intersects with the short- and long-term mental health effects. The impact of sociopolitical trauma must be understood considering both the in-dividual and social subject, considering their cultural, socioeconomic and political reality. Recovery from traumatic psychological injury must be addressed in its medical, sensory rehabilitation, psycho-logical and psychosocial dimensions, including processes of social recognition, search for justice and comprehensive reparation of damage. In contexts of impunity, a model is proposed that integrates rehabilitation with psycho-legal support, promotion of agency and organisation, within the frame-work of commitment to the movement and principles of human rights.

Temporary Protection Status Practices in the Context of Human Rights in Türkiye and European Union

Migration and refugees are among the most important and complex problems of today's world, deeply affecting the international community. Civil unrest and violence, especially in the Middle East, have led to the displacement of millions of people. Most of these displaced people have sought refuge in neighboring countries and Europe. However, this situation has led to many legal status debates and human rights violations. Türkiye stands out with the number of asylum seekers it has hosted and the policies it has pursued in this process. Syrians who have sought refuge in Türkiye since 2011 are under "Temporary Protection Status". However, while temporary protection status should be temporary in duration, when it evolves into a permanent temporary status, various uncertainties arise regarding the social cohesion of the protected persons and the standard of living befitting human dignity. Although temporary protection status was historically developed in European Union (EU) law, the Temporary Protection Directive adopted in 2001 was never activated until the Ukrainian crisis in 2022. In this context, the attitudes and practices of the EU towards asylum-seekers from different countries, such as Syrian and Ukrainian asylum-seekers, are also compared in terms of temporary protection status. Temporary protection status is recognized as an important mechanism in the human rights context and the international community needs to do more to protect the fundamental rights and freedoms of protected persons. The compliance of temporary protection policies with human rights standards and their effective implementation are considered as critical steps to protect the dignity of protected persons and guarantee their human rights. In this study, a review article was conducted from a legal perspective by analyzing the current situation of temporary protection status implemented in Türkiye and the EU through a literature review. The examination of temporary protection status only in the context of Türkiye and the EU constitutes the limitation of the study. This study aims to contribute to theoretical debates by evaluating temporary protection status in international law, its implementation in Türkiye, and EU asylum policies from a human rights perspective.