Part 1 Freedom of Religion or Belief, 1.2 Freedom from Coercion

This chapter addresses the relationship between article 18(2) and article 18(3) of the International Covenant on Civil and Political Rights (ICCPR). Article 18(2) states that no person shall be subject to coercion which would impair his or her freedom to have or to adopt a religion or belief of their choice. This provision for the forum internum does not allow for any compromise or limitation. By contrast, article 18(3) deals with possible limitations concerning manifestations of religion or belief in social life. However, the distinction in legal protection, as it is drawn between these two dimensions of freedom of religion or belief, should not be misconstrued as an abstract hierarchy or a fragmentation of two separate spheres. The unconditional prohibition of coercion in the forum internum enhances the status of freedom of religion or belief in all its dimensions.

25. Results and Prospects

10.1093/he/9780198847137.003.0025 ◽

2020 ◽

pp. 681-694

Author(s):

Bernadette Rainey ◽

Pamela McCormick ◽

Clare Ovey

Keyword(s):

Human Rights ◽

Formal System ◽

Legal Protection ◽

Political Rights ◽

European Standard ◽

Rights Protection ◽

Climate Crisis ◽

This chapter sums up the key findings of this study on the Convention on Human Rights (ECHR). It suggests that the principal achievement of the Convention has been the establishment of a formal system of legal protection available to individuals covering a range of civil and political rights which has become the European standard. The chapter highlights the measures taken by the Court to decrease its caseload and increase its efficiency in dealing with applications. It also highlights the contemporary challenges facing the Court, including the relationship between States and the Court, the challenge of the rise of authoritarian governments, and the threats to rights protection from the climate crisis.

The 1951 Refugee Convention’s Contingent Rights Framework and Article 26 of the ICCPR: A Fundamental Incompatibility?

Refuge ◽

10.25071/1920-7336.39613 ◽

2014 ◽

Vol 30 (2) ◽

pp. 5-13

Author(s):

Marina Sharpe

Keyword(s):

Reference Group ◽

Structural Features ◽

Political Rights ◽

Reference Groups ◽

Host State ◽

The Status ◽

This article addresses the relationship between two primary structural features of the 1951 Convention relating to the Status of Refugees—that many benefits under it accrue on the basis of a refugee’s degree of attachment to his or her host state and that many rights under the convention are guaranteed to a refugee only to the extent that they are enjoyed by a particular reference group—and the 1966 International Covenant on Civil and Political Rights’ article 26 equality guarantee. Specifically, it examines whether attachment contingencies and reference groups, when incorporated in the refugee laws of states party to the ICCPR, might run afoul of article 26.

Rehabilitation and the Right to Health in Times of Transition

International Human Rights Law Review ◽

10.1163/22131035-00502002 ◽

2016 ◽

Vol 5 (2) ◽

pp. 169-193

Author(s):

Judith Bueno de Mesquita ◽

Gen Sander ◽

Paul Hunt

Keyword(s):

Transitional Justice ◽

Health Sector ◽

Right To Health ◽

Current Approach ◽

Political Rights ◽

Suitable Form ◽

The Right ◽

The Relationship ◽

Primary Form

The harm to health of victims of civil and political rights abuses has been a focus of some reparations programmes. Rehabilitation has been the primary form of reparation for harm to health. Is this current approach an appropriate response by reparations programmes to violations of the right to health during conflict or repression? Given the nature of right to health violations in conflict or repression, we suggest that reparations programmes should broaden their focus to also address not only the health consequences of civil and political rights violations, but also the destruction or neglect of the health system, and policies which harm health. We consider whether rehabilitation is the only suitable form of reparation for such abuses. We also consider the relationship between the fields of transitional justice and public health in periods of transition, including whether some conflict-related right to health violations should be addressed in the health sector rather than reparations programmes and, if so, how this can be done successfully.

Stateless Person dalam tinjauan Hukum Nasional dan Hukum Internasional di Indonesia

Uti Possidetis: Journal of International Law ◽

10.22437/up.v1i3.10873 ◽

2021 ◽

Vol 1 (3) ◽

pp. 277-309

Author(s):

Fadjri Khalid ◽

Budi Ardianto

Keyword(s):

Political Rights ◽

The Status ◽

Stateless Person

Penelitian ini bertujuan untuk mengetahui bagaimana pengaturan Orang Tanpa Kewarganegaraan atau Stateless Person berdasarkan instrumen hukum internasional maupun instrumen hukum nasional di Indonesia. Indonesia yang terdampak dalam globalisasi karena gencarnya promosi pariwisata memiliki pengaturan terhadap lalu lintas orang asing melalui Undang-undang Nomor 6 Tahun 2011 tentang Keimigrasiaan dan disisi lain Indonesia tidak mengakui keberadaan Orang Tanpa Kewarganegaraan berbeda dengan pengaturan sebagaiman tercantum dalam Convention Relating To The Status of Stateless Persons 1954. Penelitian ini bertujuan untuk mengetahui bahwa pengaturan mengenai Orang Tanpa Kewarganegaraan di Indonesia untuk saat ini belum diatur secara khusus. Walaupun Indonesia telah meratifikasi International Covenant on Civil and Political Rights. Hal ini menunjukkan bahwa Indonesia belum mengatur dengan tegas dan dalam penanganannya terhadap Orang Tanpa Kewarganegaraan cenderung lambat yang mengakibatkan pendetensian melebihi ambang dari batas yang ditentukan. Adapun rumusan masalah yang diangkat yakni bagaimana pengaturan Orang Tanpa Kewarganegaraan dalam Hukum Internasional dan dalam hukum keimigrasian Indonesia beserta konsukuensi hukum yang di dapat. Metode penelitian yang digunakan adalaha tipe normative dengan cara studi pustaka. Hasil penelitian ini menunjukkan bahwa pengaturan Orang Tanpa Kewarganegaraan di lingkup Internasional berbeda dengan pengaturan di Indonesia karena tidak adanya peraturan yang tegas mengenai hal ini.

Potret Kekerasan dan Perlindungan Anak dalam Perspektif Sosio-Yuridis

al-Daulah Jurnal Hukum dan Perundangan Islam ◽

10.15642/ad.2014.4.01.92-111 ◽

2014 ◽

Vol 4 (01) ◽

pp. 92-111

Author(s):

Sukamto Sukamto

Keyword(s):

Social Life ◽

Growth And Development ◽

Refugee Children ◽

Human Beings ◽

Violence Against Children ◽

Children And Parents ◽

Abuse And Neglect ◽

The Status ◽

The Right ◽

Abstract: Children are human beings who have not reached adulthood. They have right to live safely and comfortably and to avoid violence. In reality, it is often encountered a violence on children. There are several factors of violence against children, namely: first, a ‘perception’ that sees the status of parents who occupy an important role in social life of children. The relationship between children and parents has a strong emotional bond; second, with regard to the above ‘perception’, of course, it has a very complex implication at all, including the unbalanced relationship between children and parents, the emergence of violence against children by their own parents; third, a system and tradition, that have been embraced by the paternalistic people, becomes the reason to put the children’s status under that of the parents. To provide protection for children, the Indonesian government has made Undang-Undang on children protection, as outlined in Undang-Undang No. 23 tahun 2002. It can generally be classified as follows: first, the right of survival; second, the right of growth and development; third, the right to get protection includes protection against discrimination, abuse and neglect, protection for children without family and protection for refugee children; and fourth, the right of participation which includes the right to express their opinion/view in all matters relating to the fate of the children.Keywords: Violence, protection, child, socio-juridical

Part 1 Freedom of Religion or Belief, 1.3 The Right to Manifest One’s Religion or Belief

10.1093/law/9780198703983.003.0005 ◽

2016 ◽

Author(s):

Bielefeldt Heiner, Prof ◽

Ghanea Nazila, Dr ◽

Wiener Michael, Dr

Keyword(s):

Human Rights ◽

Freedom Of Religion ◽

International Human Rights Law ◽

Political Rights ◽

Human Rights Law ◽

International Human Rights ◽

International Human ◽

The Right

This chapter emphasizes that the outer manifestations of freedom of religion or belief (forum externum) are not in any sense less important than the inner nucleus of a person’s religious or belief-related conviction (forum internum), even though only the latter is protected unconditionally under international human rights law. This chapter also discusses the largely overlapping elements of the right to manifest one’s religion or belief ‘in worship, observance, practice and teaching’. Furthermore, it analyses the implications of the religion-related reservations, declarations, and objections made by a number of States when signing, ratifying, or acceding to the International Covenant on Civil and Political Rights.

The History of the Covenants

10.1093/oso/9780198825890.003.0002 ◽

2018 ◽

Author(s):

Maya Hertig Randall

Keyword(s):

Human Rights ◽

Cold War ◽

Political Rights ◽

Cultural Rights ◽

History Of ◽

The Cold War ◽

Acid Test ◽

The Relationship ◽

Domestic Level

Translating the UDHR into a binding treaty ‘with teeth’ was an acid test for the international community. This chapter places the genesis of the ICESCR and the ICCPR in its political context. It highlights the interlocking challenges of the Cold War and of decolonization and also underscores disagreement among allied nations as well as attempts to ‘export’ the domestic conception of human rights. Three issues central to completing the International Bill of Human Rights are analysed: (1) identification of the rights to be included; (2) States’ obligations to give effect to human rights on the domestic level; and (3) international supervision mechanisms. These issues are closely related to the decision to divide human rights into two Covenants. In tracing the major controversies and decisions reached, light is also cast on the relationship and characteristics of civil and political rights and economic, social, and cultural rights, as understood at the time.

Criteria and Constraints: the Human Rights Committee’s Test on Limiting the Freedom of Religion or Belief

Religion and Human Rights ◽

10.1163/18710328-bja10002 ◽

2020 ◽

Vol 15 (1-2) ◽

pp. 20-38

Author(s):

Gehan Gunatilleke

Keyword(s):

Human Rights ◽

Freedom Of Religion ◽

Political Rights ◽

Vital Function ◽

Treaty Body ◽

Normative Constraints

Abstract The Human Rights Committee—the treaty body established under the International Covenant on Civil and Political Rights—performs a vital function in supervising the Covenant’s implementation. This article presents an analytical account of the Committee’s approach to determining the permissibility of limitations on the freedom of religion or belief under the Covenant. It finds that the Committee has set out certain primary legal criteria when determining the permissibility of a limitation. The Committee has then articulated certain additional normative constraints that apply to states’ authority to limit rights—such as the requirement that the limitation be compatible with the principle of non-discrimination. Based on an analysis of the Committee’s general comments and jurisprudence, the author argues that the Committee has offered a path towards imposing on states a heavier burden to justify limitations on the freedom of religion or belief.

Jamaica Withdraws the Right of Individual Petition under the International Covenant on Civil and Political Rights

The American Journal of International Law ◽

10.2307/2997931 ◽

1998 ◽

Vol 92 (3) ◽

pp. 563-568 ◽

Cited By ~ 4

Author(s):

Natalia Schiffrin

Keyword(s):

Human Rights ◽

United Nations ◽

Legal Protection ◽

Political Rights ◽

Optional Protocol ◽

Protection Of Human Rights ◽

The Right ◽

Roll Back ◽

Individual Petition

In October 1997, a little-noticed event took place at the United Nations that may roll back the international legal protection of human rights. Jamaica became the first country to denounce the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), and thus withdrew the right of individual petition to the UN Human Rights Committee (Committee). Although it is provided for under the Protocol’s Article 12, no state has previously made such a denunciation.

Religious Liberty in Indonesia and the Rights of “Deviant” Sects

Asian Journal of Comparative Law ◽

10.1017/s2194607800000144 ◽

2008 ◽

Vol 3 ◽

pp. 1-27 ◽

Cited By ~ 6

Author(s):

Alfitri

Keyword(s):

Religious Freedom ◽

Religious Liberty ◽

Freedom Of Religion ◽

Political Rights ◽

Significant Difference ◽

Civil And Political Rights

AbstractAlthough Indonesia has acceded to the International Covenant on Civil and Political Rights and freedom of religion is a mandate of the 1945 Constitution, there is a significant difference between the promise and the practice of religious liberty, especially regarding the rights of sects in Indonesia. The article explores this theme in the context of the Congregation of Ahmadiyah Indonesia, a minority Islamic sect which is not considered as an agama, or official religion, as a case study. This designation has had various discriminatory effects on its adherents, which waters down significantly the guarantee of religious freedom in Indonesia.