Violation Of Human Rights Research Articles

Healthy Environment As A Human Right: Law Enforcement To Overcome Stunting In Children

Stunting is a chronic nutritional problem that has an impact on children’s health and the country’s economy. The government has tried to reduce stunting as a mandate of the constitution, but Indonesia is still among the third countries with the highest prevalence of stunting in the world. This study aims to analyze the views of human rights for children with stunting and formulate efforts to uphold human rights against the problem of stunting. The type of research used is normative legal research. The legal materials collected was analyzed qualitatively by explaining the existing theories logically, systematically to get significant and scientific results. The results of the study showed that the high prevalence of stunting as evidence of government failure in law enforcement against the problem of malnutrition. Ignoring children’srightsis a form of human rights violations committed by the state. Another factor that has an influence on stunting is the environment, where if the environment where the child lives does not implement healthy living behavior, then automatically the child's health condition will be disturbed, including nutritional problems and stunting. Need to regulate the law related to stunting as a manifestation of state responsibility in upholding children’s rights. Prevention and handling of stunting is carried out holistically in various sectors with commitment and synergy between the central/regional government, parents, family and community.

The Urgency of Establishing Truth and Reconciliation Commission (TRC) To Resolve Gross Human Rights Violations in Aceh, Indonesia

The Urgency of Establishing Truth and Reconciliation Commission (TRC) To Resolve Gross Human Rights Violations in Aceh, Indonesia

Excepción de inconvencionalidad en las actuaciones públicas del Estado colombiano

Within the framework of the boundaries to the exercise of “ius puniendi” as legitimate measures to keep at bay disproportionate use of police powers, as enshrined in the rule of law, a normative supranational boundary has emerged to safeguard citizens’ fundamental rights. Such boundaries are subject to international (positive & negative) obligations that States parties must abide by once ratified. In order to categorize systematically the exception of unconventionality for more sustainable legal proceedings, a hermeneutical historical-analysis was done of case-by-case examinations to determine its reach in internal normative systems. This is a sample of supralegal guarantee that allows us to set some modulating criteria in the application of rules in compliance by deploying the same conditions of the constitutionality block. Specifically, when a high-court has adopted a line of jurisprudence with the effect of absolute constitutional res judicata, it becomes impossible for both judges and procedural actors to resort to exception of unconstitutionality in Colombian public proceedings. However, we find the exception of unconventionality as the last guarantee of effective legal protection, even when the constitutionality of human rights violations has been declared, according to the dissenting multilateral precedent of the competent body in regional human rights protection systems.

The Contribution of Women from the Organized Colombian Diaspora in Catalonia to the Generation of Transnational Human Rights Defense Practices

Objective/context: To learn about the contributions of women of the organized Colombian diaspora in Catalonia to creating transnational practices in favor of peace and denunciation of human rights violations in Colombia. Specifically, we seek to identify the main actors, organizational spaces, and collective action repertoires developed by Colombian women in Catalonia. Therefore, we approach the literature on the political participation of migrant and exiled women from the perspective of political transnationalism. Methodology: This qualitative and participatory research study examines bibliographic and documentary sources, semi-structured interviews with Colombian women participating in the organized diaspora, and participant observation of mobilizations. Conclusions: The analysis and discussion of the results show that for some women, their participation is based on their exile and previous political involvement. For others, it is driven by the recognition of their condition as migrant subjects, as well as the different axes of inequality that cross them, which allows them to connect their individual discomfort with the collective discomfort of their country of origin and develop new interpretative frameworks and new repertoires of action aimed at sensitizing and influencing the Colombian socio-political reality. Originality: This research contribution allows for further debate on the transnational political role of migrations in a globalized world and what role women can play in it.

Two Settlement Pathways for Gross Violations of Human Rights Based on The Dignified Justice Theory

Settlement of gross violations of human rights might be pursued by choosing two “paths” provided. The first “path” is via the Human Rights Court. This route is also called litigation settlement. The second path is an alternative “path”, and has been coined as the out of the Human Rights Court settlement. The problem is the Constitutional Court states that the alternative “path” as referred to in the Explanation of Article 47 of the Law on Human Rights Courts is contrary to the Constitution. As a result of the issuance of the Constitutional Court decision, the alternative “path” seems to be in a state of limbo, and this presupposes a legal issue of the lack of clarity on the meaning of a formulation of the applicable statutory provisions. In this paper, it is argued that Article 47 of the Law on Human Rights Courts still recognizes two “paths” for solving or settling cases of gross violations of human rights in the Pancasila legal system. The research method used in this paper is normative legal research, often known as the pure legal research method. It examined the primary legal materials. The theory used for understanding and explaining the problem is the Dignified Justice theory, the Indonesian Jurisprudence.

Striving for Peace: Addressing Human Rights Challenges in UN Peacekeeping Operations

United Nations (UN) peacekeeping operations have been pivotal in global efforts to stabilize conflict zones and mitigate violence for over seven decades. Utilizing soldiers, police personnel, and civilian peacekeepers from diverse backgrounds, these missions aim to implement multidimensional mandates while upholding international legitimacy. Beyond traditional roles of maintaining peace and stability, modern peacekeeping endeavours encompass a spectrum of responsibilities, including civilian protection, demobilization, and human rights enforcement, thereby fostering the transition from conflict to peace. However, amidst these noble goals, the UN has faced persistent criticism regarding human rights violations and sexual abuse by peacekeepers. This paper delves into the UN’s efforts to address legal and policy concerns, ensuring human rights protection and restoring the integrity of peacekeeping. It examines normative frameworks guiding peacekeeping missions and the evolving role of human rights therein. Despite advancements, challenges persist, including ambiguous mandates, political discord, and accountability deficits. Ambiguities in\ conceptual frameworks further complicate operationalization, necessitating clarity and coherence in mandates and implementation.Recommendations for improvement include prioritizing civilian protection and human rights, fostering political consensus, and addressing discrepancies in resource allocation. Additionally, measures to ensure accountability, including penalties for troop-contributing countries and re-evaluation of peacekeepers’ immunity, are vital. In conclusion, while UN peacekeeping remains indispensable in global peace efforts, addressing human rights violations and enhancing accountability are imperative to uphold its integrity and effectiveness.

ANALISIS PENERAPAN RULE OF LAW OLEH MAHKAMAH KONSTITUSI SEBAGAI THE GUARDIAN OF CONSTITUTION (Studi Kasus Putusan MK Nomor 90/PUU-XXI/2023)

The issuance of the Constitutional Court Decision Number 90/PUU-XXI/2023 reaped the pros and cons from various parties. The Constitutional Court's Decision Number 90/PUU-XXI/2023 contains elements of intervention outside the judiciary and/or personal interests, thus raising big questions about the independence of the exercise of judicial power by the Constitutional Court. Indonesia applies the principle of the Rule of Law and encourages law enforcement which not only guarantees formal rights but also guarantees justice in real life for everyone. However, Indonesian law has not been fully able to become a rule of social justice, because law enforcement officers and legal issues are closely related to the ethics of law enforcement and the community itself. This research uses a normative legal research type, where the author uses a case approach, where the author uses an inkracht court decision and a statute approach. The results of this study explained that the issuance of the Constitutional Court decision Number 90/PUU-XXI/2023 was not in line with the principles of the Rule of Law, because it was felt that the decision removed the nickname of the Constitutional Court as The Guardian Of the constitutions. The decision is considered destructive to the constitution because it reaps the pros and cons in society, they think that the Constitution becomes a political container. the application of the Rule of Law principle by constitutional judges is very important to maintain justice, integrity, and public trust in the legal system. If the judge's decision is not in accordance with the Rule of Law, various negative consequences can occur, including erosion of public trust, injustice, legal uncertainty, abuse of power, human rights violations, obstacles to legal reform, and social and political instability. Therefore, it is important to ensure that MK judges work independently, transparently, accountable, and based on clear and fair legal principles.

Barriers to access to holistic care for women victims of sexual violence in the eastern region of the Democratic Republic of Congo: A brief report.

SynopsisSexual violence against women is a human rights violation and a major and serious problem for women's health.

The Implementation of Caning Law in Aceh Province, Indonesia: An Overview of The Human Rights Perspectives

Initially, caning in Aceh was conducted openly in public areas, including the courtyard of the mosque. However, this approach provoked both positive and negative reactions. Many viewed public caning as a form of torture and raised concerns about its potential negative impact on children who witnessed the punishment. Subsequently, the Aceh government introduced Governor's Regulation No. 5/2018, which mandated the implementation of caning punishment within correctional institutions. Despite this move, the implementation of caning punishment, whether in public or correctional institutions, continues to be criticized as a violation of human rights. However, the Rome Statute of 1998 and Law No. 5 of 1998 on the Ratification of the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment stipulate that legally imposed punishments, including caning, do not constitute torture as long as they are in accordance with existing legislation.

ECtHR: Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (Application No. 53600/20, 9 April 2024)

The present paper focuses on the analysis of the landmark decision of the European Court of Human Rights in which the Court has, for the first time, ruled on human rights violation due to climate change. It begins with the description of the convention as a so-called living instrument that aims at the interpretation of the European Convention on Human Rights taking into account the current social circumstances and challenges, such as the growing need for environmental protection and addressing climate change. In the judgment in question, the Court held that Switzerland had violated the applicant's rights due to insufficient legislative measures to protect individuals from the adverse effects of climate change. As a result of the long-awaited but unconventional conclusion, the judgment has become the target of much criticism. The paper thus concentrates on the main seemingly innovative or rather surprising pillars of the judgment, such as the court's determination of locus standi, the scope of a state's positive obligations in the context of climate change and its related margin of appreciation, as well as the unprecedented consideration of scientific evidence. The paper concludes by summarising the possible implications of the court's arguments for similar future cases, which will undoubtedly increase in number.

Bangladesh-Pakistan Conflict: An Overview

The Bangladesh-Pakistan conflict, rooted in the events of 1971, marked a pivotal moment in South Asian history. The conflict emerged from deep-seated political, economic, and cultural disparities between East Pakistan (now Bangladesh) and West Pakistan (now Pakistan). Despites East Pakistan's larger population, political power was concentrated in West Pakistan, leading to widespread discontent. In the 1970 general elections, the Awami League, led by Sheikh Mujibur Rahman, won a majority but was denied power, igniting demands for autonomy in East Pakistan. The situation escalated on March 25, 1971, when the Pakistani military launched Operation Searchlight, a brutal crackdown aimed at quelling the independence movement. This resulted in mass atrocities, including killings, rapes, and the displacement of millions. The ensuing Bangladesh Liberation War saw the emergence of the Mukti Bahini (Liberation Army), with significant civilian support for independence. India's intervention, both in terms of support for the Mukti Bahini and direct military involvement, was crucial in the conflict's resolution. The war ended with the surrender of Pakistani forces on December 16, 1971, leading to the creation of Bangladesh as an independent nation. The conflict caused extensive loss of life and destruction, leaving a legacy of strained Bangladesh-Pakistan relations and ongoing efforts to address the war's human rights violations.

Legal Children Protection as Victim of Psychological Violence in Surakarta

This study aims to reveal how Surakarta government faces legal protection. Also, constraints in providing fulfillment of the rights of child victims of psychological violence committed in the family environment. This study uses an empirical juridical method interview and examine the legal provisions that apply in society. It focuses on violence against children committed by their parents, which has an impact on the child's psychology with valid data sourced from the authorities. Although violence against children is a violation of human rights, without realizing it, there are still many people who are willing to commit acts of psychological violence against children. It is because the child is unlikely to rebel when they receive improper treatment from adults, including within the scope of their own family, even though this treatment will have an impact on the child's psychology in the future. The results revealed that illustrate the psychological violence is only considered an internal family problem, and not many people realize it as an act of violence. Surakarta government has actually made efforts to prevent and reduce the number of violence against children, such as by providing an understanding of the importance of giving good parenting, being more able to control emotions, and being sensitive to the conditions and needs of children. This study concludes that the Surakarta government, through DP3AP2KB, has made various efforts to deal with cases of violence that can have an impact on children's psychology. However, these efforts are not fully supported by the public due to the lack of understanding and awareness of the dangers of violence against children, so the number of child abuse in Surakarta has not been a significant change.

Adult Bioethics and Pedagogy in Rehabilitation Centre Practice: Neuroethical Factors

This article reviews the scientific research related to the appropriate use of partial deprivation of natural ethics for drug rehabilitation in a specialized centre. The article’s significance stems from the alarming increase in drug addiction, its widespread availability and the conflicting perspectives within the realms of andragogy, bioethics and neuroethics. The latter specifically pertains to the core of human identity. The article aims to synthesize scientific viewpoints on the problem in question, delineate the neuro- and bioethical realities within individual rehabilitation centres, contrast them with the multi-faceted ethical considerations and evaluate the usefulness of limiting certain natural rights of the client (denying sensory gratification) for therapeutic reasons. The authors of the article experienced limited access to information because of the extended, isolated nature of rehabilitation, in addition to ethical considerations. Therefore, the principal data collection methods included andragogical observations, monitoring of clients’ neurophysiological responses and conditions, examination of diaries maintained by centre staff, interviews with them and occasional questionnaires administered to clients. The analysis involved a neurophysiological interpretation of data without the use of specialized equipment, a summarization of questionnaire findings and an assessment of morally relevant phenomena to gauge their appropriateness and acceptability. The obtained results indicated that ethical considerations regarding interventions in the human body and psyche are indeed pertinent. Nevertheless, these decisions are frequently circumstantial, centring on the central ambition of the article: to alert rehabilitation professionals, medical personnel and legal authorities to the requirement for agreement between the violation of natural human rights and the essential human right to redemption, even in the more severe stages (III-IV) of addiction.

Illegal Sterilisation in the Czech Republic

Forced sterilisation, a serious violation of human rights, occurred across the former communist bloc, both during and after the socialist period. This study examines the case of the Czech Republic, where legislation regarding compensation to the victims of forced sterilisation was only passed in 2021, despite a 2005 finding by the Ombudsman that at least 50 women had been subject to the procedure. My research shows that long-standing discrimination against Roma people and public lack of interest in the issue were largely to blame for this delay.

Violence against Women within Italian and European Context: Italian “Pink Code”—Major Injuries and Forensic Expertise of a Socio-Cultural Problem: A Narrative Review

Background: Violence against women or other vulnerable individuals is a serious violation of human rights and a global public health issue representing a significant “problem of enormous global health proportions”. Violence against women is an endemic phenomenon; the numbers are very high, highlighting the severity and urgency of the problem. Methods: We conducted this research by examining the field of violence against women. Our analysis involved reviewing papers published between 2018 and December 2023, which were identified through electronic database searches. Out of a total of 136 papers initially identified, we considered 71 documents. Results: This research highlights the global nature of violence against women, including psychological assessments of harm, as a socio-cultural problem and underlines the more common injuries. Conclusions: We examined how the presence of forensic experts can be beneficial in identifying and evaluating injuries, as well as reconstructing the dynamics of the events, particularly for judicial purposes.

Influence of Female Genital Mutilation on Women Sexual Function in Egypt

Abstract Background Although Female genital mutilation (FGM) is internationally recognized as a violation of human rights with Short term and long term complications include death due to shock, painful menstruation, dyspareunia, cysts and keloid formation. Aim of the Work aimed to assess the effect of FGM on Women reproductive and sexual function. Subjects and Method This is a cross sectional hospital based study included 800 married or previously married females, between (18 - 40) year old who are apparently healthy. They were recruited from Outpatient clinic of Gynecology and Obstetrics in Etay Elbaroud general hospital, Behaira Governate, Egypt and classified into case group who were circumcised and control non circumcised group. They were subjected to detailed history including history of sexual function and local genital examination after informed consent was taken. During labor; a partogram was used to assess the progess of labor and occurrence of complicated delivery. Partogram is a graph reporting labor events against time which includes cervical dilatation, fetal heart rate, state of membrane and liquor. Results among case group age of FGM ranged from 9-13 with mean value 10.27±0.98 and majority of cases had type I. There was statistically significant difference between the two studied groups regarding regularity of menses and dysmenorrhea. 66% of cases had short term complication and pain was the most common (52%). Assisted mode delivery was higher in cases group with 220(55%) and normal was higher in control group with 244(61%). There was statistical significant difference between two studied groups regarding sexual desire, arousal, orgasm, satisfaction, and pain while there was no statistical significant difference regarding lubrication. Conclusions and Recommendations FGM still being a community problem in Egypt esecially in rural area which running in certain families. The most common type in Egypt is type I and common complication is pain following FGM. Sexual function is affected in all cases experienced FGM especially with type III. Assisted delivery was more common in cases had passed FGM before. It is recommended to raise community awareness about complications and hazard of FGM on sexual function as well as reproductive life.

Take me to the River: have riverine rights enhanced community participation in environmental governance within the Atrato River basin?

ABSTRACT This paper assesses the implementation of the Colombian Constitutional Court's 2016 Judgment T-622, which tackled human and environmental rights violations in the Atrato River basin due to extensive illegal mining, focusing on how it has enhanced community participation in environmental governance. The decision granted ‘biocultural’ rights to the river, its tributaries, and their human inhabitants. Findings indicate improved communication between riverine communities and Colombia's national government via the new Commission of River Guardians. However, significant gaps remain in integrating local communities into broader environmental governance seven years after the ruling, with current efforts mainly preparatory. Progress in executing the judgment, particularly in social benefits and reducing pollution, has been limited. This emphasises the urgency of addressing persistent chemical pollution in the river, as well as the equally persistent government neglect towards the river and its people. This paper argues for a restructuring of the legal framework for environmental governance in Colombia towards a participatory governance framework fitted for socioecological transitions, as the current structure hinders the full implementation of biocultural rights. Failing to implement the Atrato judicial decision risks deepening disillusionment with legal and political institutions among underserved riverine communities, posing a dual existential threat to ecosystems and democracy.

Pelanggaran Hak Asasi dalam Rumah Tangga Perspektif Hukum Keluarga Islam dan Kitab Undang-Undang Hukum Positif Indonesia

This study aims to analyze violations of human rights within the household from the perspectives of Islamic family law and the Positive Law of Indonesia. The research methodology employed is a descriptive-analytical approach, involving data collection from various sources such as literature, legal documents, and case studies. The findings indicate that violations of human rights within the household often occur in various forms, including physical, psychological, and sexual violence, and neglect. In the context of Islamic family law, principles of justice, equality, and family welfare serve as guidelines for addressing cases of human rights violations within the household. On the other hand, the Positive Law of Indonesia provides a strong legal framework for protecting individual rights within the household, although its implementation may require further improvement. Therefore, collaborative efforts among legal institutions, civil society, and religious organizations are necessary to enhance awareness, protection, and enforcement of human rights within the context of the household.

Influence of feminist mobilization on legal consciousness and the practices of femicide prosecutors in Mexico at the subnational level

Over the last two decades, some feminist organizations in Mexico have applied principles of transnational women’s rights through the use of concepts such as femicide (feminicidio) and also promoted both the pretrial preventive detention for these crimes, and the implementation of “gender-based violence alerts” by the Mexican federal government. The article aims to understand how these federal policies have influenced the legal consciousness and practices of prosecutors in the state of Nuevo León, Mexico, from 2009 to 2021. I argue that feminist discourses have been inspired by federal-level policies based on penal populism and, although they have encouraged prosecutors to defend the rights of femicide victims, they have also promoted violations of defendants’ and victims’ rights. A qualitative methodology based on documental analysis and interviews with prosecutors, defense attorneys, and human rights defenders has been applied. The article compares narratives and practices of femicide prosecutors during two historical periods and claims that feminist discourses have helped to raise consciousness of women’s rights for prosecutors but have also helped to justify some probable violations of human rights.

New Constitution in Nepal: Fundamental Freedoms and Educational Rights Provisions, and Implications for Dalits’ Schooling

ABSTRACT When Nepal promulgated a new constitution in 2015, discourse around the ‘New Nepal’, post-monarchical rule, was powerful; the new constitution was perceived as a landmark text to provide a clear vision for New Nepal’s overall development. The poor state of Dalits’ human rights and educational realities were widely cited as critical issues requiring attention and expedited intervention during the constitution-writing process. Almost a decade later, however, no outstanding progress is evident regarding the overall development of the historically marginalized Dalits. This paper aims to interrogate the perpetuation of the dominant ideology, as the basis for the marginalization of people lacking power, in the new constitution’s fundamental and educational provisions by exploring its marginalizing semantic elements. We selected these semantic elements or linguistic categories through reading the new constitution. Our analyses expect to unfold the link between Dalits’ poor state of human rights and educational experiences and the provisions of the new constitution. This study helps expose the roots of inequality, exclusion, and social injustice by appraising policies of public interest in situations where human rights violations, illiteracy, and poverty have distressed the lives of marginalized people, as well as encouraging research on the problems faced by extremely vulnerable population like Dalits, who are not only marginalized in their place of birth but also in the diaspora.