Banning the Burka? An Ethical Appraisal

2011 ◽  
Vol 5 (1) ◽  
pp. 86-103
Author(s):  
Jakobus (Koos) M. Vorster

AbstractThis ethical research paper was prompted by the French government’s recent action to ban the wearing of the burka by women of Islamic religious persuasion with legislature because the government regards the burka as a symbol of the inferiority of women in Muslim communities. According to president Sarkozy this symbol infringes on the fundamental human rights of women, and such a view of women should be renounced in the French Republic. Firstly, the article investigates the history and the meaning of wearing the burka and the veil. This investigation reveals that these symbols were cultural symbols that have no real bearing on gender inequality yet have become powerful religious symbols due to rising fundamentalism in the Islamic tradition Next, the article discusses the content and implications of two models of religious freedom: the active neutral model and the active plural model. Finally—with the active plural model as an angle of approach, and in view of the constitutional values of equality, freedom and the fundamental human rights of freedom of expression and freedom of religion—the investigation concludes that legislation against the wearing of these religious symbols violates the rights of Muslim women to wear the burka.

Subject Prosecutions for questioning Kazakhstan's statehood. Significance Two civil society activists in Kazakhstan, Yermek Narymbayev and Serikjan Mambetalin, were jailed on January 22 after being found guilty of 'inciting ethnic discord' for comments they posted on Facebook. The verdict, condemned by domestic and international human rights groups, came shortly before the authorities announced that elections to the lower house of parliament originally scheduled for January 2017 had been brought forward to March 20. Impacts Nazarbayev's Nur Otan party will win a majority in the March polls and other parties that gain seats will have tacit government approval. Crackdowns on freedom of expression will tarnish efforts to maintain good relations with the West. The government will continue to fund costly lobbying campaigns to improve its international image.


Afrika Focus ◽  
2017 ◽  
Vol 30 (1) ◽  
Author(s):  
Ebenezer Durojaye

The purpose of this article is to examine the socio-cultural challenges that continue to limit women’s enjoyment of their fundamental rights and freedoms in Mozambique. In this regard, this article focuses on three areas of gender inequality – denial of inheritance rights, sexual violence and early/ child marriage -in the country. In addition, the article, using a substantive equality approach, critically examines whether the steps and measures taken by the government of Mozambique to address gender inequality are consistent with its obligations under international human rights law. For the purpose of this analysis, the article focuses on Mozambique’s obligations under the Convention on the Elimination of All forms of Discrimination against Women (CEDAW) and the Protocol to the African Charter on the Rights of Women (African Women’s Protocol). The article concludes by making suggestions on how Mozambique can better safeguard the rights of women and improve their status. Key words : gender inequality, human rights, socio-cultural practices, Mozambique 


2020 ◽  
Vol 4 (1) ◽  
pp. 306
Author(s):  
Herlambang Perdana Wiratraman

President Joko Widodo announced a public health emergency at the end of March 2020. This policy demonstrates denial, too late and limited in responding to the spread of Covid-19. On the other hand, the state security approach during the pandemic has pressured civil liberties, especially criticisms against government policies. This phenomenon is not a new development in Indonesia whereby attacks on freedom of expression and academic freedom are common. This article analyses how the COVID-19 health emergency situation is handled by the government from the perspective of human rights law standards and the rule of law. This article argues the Indonesian COVID-19 emergency law violates many guarantees of legal protection under the rule of law standard. It is apparent how the issue of human rights has not yet become an effective strategy or approach in this non-natural disaster emergency situation.


2021 ◽  
pp. 145-159
Author(s):  
Gabriel Marin Vandenbroucke ◽  
Simon Gérard ◽  
Anthony May

Abstract The overall findings of this research point to a mix of positive and negative human rights impacts of the Rio 2016 Olympic and Paralympic Games, and on the visitor economy of the host city. On a positive note, affirmative action included persons with disabilities and from underprivileged communities in the workforce. New sports and leisure centres were built. Freedom of expression and association was reinforced by protesters demonstrating and using the platform of the event to raise issues. Several initiatives by the Organizing Committee, government, companies, and associations constituted positive mechanisms for leverage of the human rights to education and to participate in the cultural life of the community, albeit with limited long-term impacts. These wider economic and social successes associated with the hosting of the Games can positively contribute to the quality and inclusivity of the visitor economy. redevelopment, the Games' land use displaced thousands of people, violating the right to housing and several other human rights through abusive practices used by the government in the eviction process. Under the pretext of creating safe spaces for visitors and safeguarding their image of the city, the government's violence towards poor and black communities was aggravated, with the militarisation of the city impacting on the right to life, protection, education, and justice. Attempting to mask the city's socio-economic problems and undesirable aspects for sponsors and visitors, freedom of expression was undermined as protesters were targeted by the police and street vendors were driven out of public spaces.


2007 ◽  
Vol 28 (1) ◽  
pp. 33-48 ◽  
Author(s):  
Bent Nørby Bonde

Abstract The publication of twelve Mohammed in the Danish newspaper Jyllands-Posten (JP) led to consumer boycotts, burning embassies and official demands for UN to intervene. The article analyses why the religious protests in Denmark generated the astonishing international reactions. It concludes that a very hostile rhetoric against Muslims in Denmark and mounting international tensions were important pre-disposing causes for the conflict. In an analysis of the strategy used by Imams from the Danish Muslim communities the article concludes that they chose a policy of conflict escalation and mobilisation through keeping focus on the religious dimension of the crisis. The article points to several options, which were not used by the Danish government to de-escalate the conflict and illustrates how the government contributed to conflict escalation by making the case solely a matter of defending freedom of expression. Finally the article suggests some lessons to be learned, if other cross-cultural crises should appear in European countries in the future.


2011 ◽  
Vol 4 (1) ◽  
pp. 72-89 ◽  
Author(s):  
Anicée Van Engeland

AbstractThe Iranian discourse on human rights is not well known for a wide range of reasons: there are few translations from Persian; the Iranian human rights' model is often perceived as a threat to universality and Iran has a generally negative image on the international scene. The reality is that the post-Islamic Iranian human rights discourse is rich, varied and intellectually stimulating, the paradoxical outcome of a regime that limits freedom of expression and freedom of thought. Iranian intellectuals have to find strategies to avoid the censorship that threatens anyone who defies Iran's official human rights model. These intellectuals have formulated incredibly compelling theories that can be assimilated to a third voice transcending the permanent opposition between the principle of universality and cultural relativism. This theory is being advocated across the Muslim world and throughout Muslim communities. Iranian intellectuals have shaped their own approach to this third path, thereby creating an Iranian human rights' specificity within the Muslim world.


Jurnal HAM ◽  
2016 ◽  
Vol 7 (1) ◽  
pp. 45
Author(s):  
Tony Yuri Rahmanto

AbstrakProses demokratisasi di Indonesia saat ini menempatkan publik sebagai pemilik dan pengendali utama ranah penyiaran. Namun permasalahan utama dalam penyiaran di negeri ini adalah tidak konsistennya kebijakan pemerintah sebagai salah satu regulator penyiaran, lemahnya lembaga regulator pengawas penyiaran dan ketidaktaatan penyelenggara penyiaran. Jawa Barat dengan budaya yang beragam telah memiliki lembaga penyiaran, namun pada praktiknya di lapangan belum menampilkan keberagaman isi siaran dan keberagaman kepemilikan. Oleh karena itu persoalannya adalah bagaimanakah implementasi Undang-Undang Nomor 32 Tahun 2002 tentang Penyiaran memberikan perlindungan hak kebebasan berekspresi masyarakat khususnya di Jawa Barat. Metode penelitian ini menggunakan pendekatan kualitatif serta menganalisa substansi, konteks, dan relasi antara lembaga penyiaran, pemerintah daerah serta masyarakat dilihat dari aspek Hak Asasi Manusia. Hasil penelitian menunjukkan bahwa berlakunya Undang-Undang Nomor 32 Tahun 2002 tentang Penyiaran belum sepenuhnya memberikan jaminan perlindungan terhadap hak kebebasan berekespresi yang dimiliki pemerintah, lembaga penyiaran serta masyarakat di Provinsi Jawa Barat, masih ditemukan permasalahan terkait keberagaman isi siaran, sentralisasi kepemilikan lembaga penyiaran, kurangnya pemanfaatan lembaga penyiaran publik dan teguran serta sanksi yang diberikan seringkali diabaikan oleh para pelaku penyiaran.Kata Kunci: Kebebasan Berekspresi, Regulasi, Hak Asasi Manusia.AbstractDemocratization process in Indonesia is currently putting the public as the owner and the ultimate controller in broadcasting sphere. The main problem in Indonesia is the inconsistent governments policy as one of broadcasting regulators, the weak regulatory of monitoring agencies and the disobedient broadcasting operators. West Java as one of the provinces that has cultural diversity have a brodcasting operator, in practice, they do not present the diversity of broadcast content and diversity of ownership. The question is how the implementation of Law No. 32 of 2002 on Broadcasting in terms of protecting the freedom of expression, especially in West Java. This research applies qualitative approach, conducted analysis of the substance, context and relationships between broadcasters,local governments and community from a human rights perspective. The result shows that the enactment of Law No. 32 of 2002 on Broadcasting has not fully guarantee the protection of the right to freedom of expression owned by the government, broadcasters and communities in West Java province, other problems are related to: the diversity of broadcast content, centralization of ownership of broadcaster, the lack of utilization of public broadcasters, and the reprimands and sanctions are often overlooked by the broadcasters.Keywords: Freedom of Expression, Regulation, Human Rights.


2008 ◽  
Vol 33 (1) ◽  
pp. 95-134 ◽  
Author(s):  
Zhanna Kozhamberdiyeva

AbstractAgainst the framework of international human rights law, this article studies the regulatory approach towards the exercise of the human right to freedom of expression on the Internet in the legal system of the Central Asian state of Uzbekistan. The mechanisms of state censorship of Internet communication for Uzbek citizens and the restrictions that narrow the scope of freedom of expression in the context of the Internet are the issues in focus. The article argues that the Uzbek government, although publicly committed to democracy and respect for the rule of law under the Constitution, favors regulation that undermines the human right to freedom of expression on both legal and ideological grounds—namely, by enforcing the legal rules on information security and the ideological 'idea of national independence'. The article demonstrates that the absence of legal guarantees of the effective exercise of freedom of expression on the Internet reflects upon the general weakness of Uzbekistan's domestic system of human rights protection. This system gives absolute priority to state interests in legitimizing restrictions upon human rights. The article concludes that the impairment of the right to freedom of expression is inevitable in Uzbekistan unless the government makes an effort to pay full respect to human rights and implement in practice its obligations under international human rights law.


2020 ◽  
Vol 20 (1) ◽  
pp. 71
Author(s):  
Heru Susetyo ◽  
Farida Prihatini ◽  
Abdurakhman Abdurakhman ◽  
Nurindah Hilimi ◽  
Intan Mahabah ◽  
...  

<p><em>Indonesia with its five pillars of Pancasila binds the State and its citizens to "Believe in Almighty" where the religious identity is the spirit of the State that must be respected. This is proven by the existence of Law No. 1/PNPS/1965 concerning the Prevention of Blasphemy that prohibits blasphemy, atheism, or any belief other than the religious identity recognized by the government and law. Article 156 (a) of the criminal code, known as the Criminal Code, also punishes "the dissemination of information aimed at inciting religious hatred or hostility" for five years in prison. In addition, the Information and Electronic Transaction Law (ITE) Law No. 11 of 2008, regulating criminal sanctions for libel, hate speech, and insulting certain religions/beliefs through electronic devices. On the other hand, the 1945 Constitution, as well as the Human Rights Act of 1999 and Law No. 12/2005 concerning Ratification of the ICCPR guarantees freedom of expression, religion, and belief. Criticism of religion is quite limited and support for atheism is definitely still banned in Indonesia. Therefore, this article yearns to explore the dynamics of law enforcement and defamation in Indonesia in national and international human rights regimes. Then, does the law on blasphemy have a legal basis in the Indonesian legal system, national and international human rights regimes, and the surrounding social values? This study compares the application of religious blasphemy laws in several regions in Indonesia and in several Southeast Asian countries.</em></p>


Yuridika ◽  
2012 ◽  
Vol 27 (2) ◽  
Author(s):  
R. Herlambang Perdana Wiratraman

In 2008 vehement debates about the freedom of expression divided Indonesia, after the government resubmitted a bill for Anti-Pornography to Parliament. The various sides employed all kinds of arguments and perspectives, the main ones being religious versus human rights and pluralism. The main problem of the new law is its vague and very broad definition of pornography, which could threaten women’s rights, cultural expression and press freedom. In the context of democratization in Indonesia post Soeharto, freedom of expression has been progressively promoted, particularly by the adoption of a Constitutional guarantee for freedom of expression. Nevertheless, the constitutionality of freedom of expression still needs to be comprehensively re-explored in order to advance human rights and democracy development.Key words: Anti-Pornography, Freedom of Expression, Human Rights


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