enough-is-enough-testimonies-of-papuan-women-victims-of-violence-and-human-rights-violations-19632009

Author(s):  
Sorang Saragih ◽  
Mita Yesyca

Abstrak: Timor-Leste adalah salah satu kisah sukses operasi perdamaian Perserikatan Bangsa-Bangsa (PBB) terlepas dari lamanya operasi tersebut dilakukan. Intervensi PBB di Timor-Leste bersifat khusus karena PBB menetapkan dua mekanisme peradilan selama operasi perdamaian berjalan, yaitu Serious Crime Unit (SCU) atau Unit Kejahatan Serius dan Komisi Kebenaran (CAVR). Baik SCU maupun CAVR memiliki mandat yang berbeda dengan tujuan bersama untuk mengatasi pelanggaran HAM yang terjadi di Timor-Leste. Tulisan ini bertujuan untuk mengkritik kedua mekanisme tersebut, khususnya mengenai bagaimana inisiatif ini mengusahakan keadilan bagi perempuan korban konflik di Timor-Leste. Kritik berfokus pada mandat, tindakan dan otoritas mereka. Berdasarkan ketiga aspek ini, kesimpulan yang dihasilkan adalah mekanisme –mekanisme ini gagal memberikan keadilan bagi para perempuan korban di Timor-Leste. Kata Kunci: Timor-Leste, operasi perdamaian PBB, pelanggaran HAM, mekanisme peradilan, SCU, CAVR, perempuan korban Abstract: Timor-Leste is one of few success stories of the United Nations (UN) peacekeeping operations despite its long period. The UN intervention in Timor-Leste is unique because it established two justice mechanisms during the peacekeeping operations, namely the Serious Crime Unit (SCU) and the Truth Commission (CAVR). Both SCU and CAVR have different mandates with a common objective to address human rights violations committed in Timor-Leste. This paper tries to criticize these two mechanisms, particularly on how these initiatives delivered justice for women victims of conflict in Timor-Leste. The critique focuses on their mandate, performance, and authority. Based on these three aspects, it is concluded that these mechanisms failed to deliver justice to women victims in Timor-Leste. Key Words: Timor-Leste, UN peacekeeping operation, human rights violations, justice mechanism, SCU, CAVR, women victims


2021 ◽  
pp. 148-154
Author(s):  
Svitlana LOZINSKA

The article analyses the approaches adopted in practice and embodied in the legal conclusions of the European Court of Human Rights on the application of certain articles of the European Convention on Human Rights to combating and protecting the rights of women-victims of violence. It is argued that the first and foremost rights related to the protection of women from violence through the prism of the application of the provisions of the Convention are the Court’s appeal to Art. 6 of the ECHR, which guarantees the right to a fair trial (access to justice). It is in the light of this rule that other provisions of the Convention are implemented, namely the right to life (Art. 2), the prohibition of torture (Art. 3), the right to liberty and security of person (Art. 5), the prohibition of discrimination (Art. 14), and other principles of the ECHR. Particular attention is paid to the inseparability in terms of the functioning of conventional mechanisms of protecting women from violence and its counteraction at the institutional level, which are established and maintained in practice of the ECHR conclusions on the positive obligations of the state and its bodies in this area. It is concluded that the systematic approach of the ECHR to the interpretation of the prohibition of discrimination in the context of the protection of the rights of women-victims of violence, including domestic or private, compensation and imposition of negative and positive obligations on Member States is closely connected with sex discrimination in this case. The failure of law enforcement and / or national courts to take appropriate action to protect women's right to life, to prohibit torture and to protect their rights to liberty and security in relation to their sex (gender) and tolerance of domestic violence reflects deep-seated discriminatory stereotypes of societies in many European countries. Namely, the recognition by the Court of a violation of the applicants’ rights in conjunction with the establishment of discrimination against women contributes to a comprehensive fight against this phenomenon, taking not only individual but also general measures by adopting laws and organizational measures by the authorities of the Member States.


2001 ◽  
Vol 60 (2) ◽  
pp. 89-98 ◽  
Author(s):  
Alain Clémence ◽  
Thierry Devos ◽  
Willem Doise

Social representations of human rights violations were investigated in a questionnaire study conducted in five countries (Costa Rica, France, Italy, Romania, and Switzerland) (N = 1239 young people). We were able to show that respondents organize their understanding of human rights violations in similar ways across nations. At the same time, systematic variations characterized opinions about human rights violations, and the structure of these variations was similar across national contexts. Differences in definitions of human rights violations were identified by a cluster analysis. A broader definition was related to critical attitudes toward governmental and institutional abuses of power, whereas a more restricted definition was rooted in a fatalistic conception of social reality, approval of social regulations, and greater tolerance for institutional infringements of privacy. An atypical definition was anchored either in a strong rejection of social regulations or in a strong condemnation of immoral individual actions linked with a high tolerance for governmental interference. These findings support the idea that contrasting definitions of human rights coexist and that these definitions are underpinned by a set of beliefs regarding the relationships between individuals and institutions.


2008 ◽  
Vol 45 (3) ◽  
pp. 653 ◽  
Author(s):  
Jonathan Horlick ◽  
Joe Cyr ◽  
Scott Reynolds ◽  
Andrew Behrman

Under the United States Alien Tort Statute, which permits non-U.S. citizens to bring lawsuits in U.S. courts for human rights violations that are violations of the law of nations, plaintiffs have filed claims against multinational oil and gas corporations for the direct or complicit commission of such violations carried out by the government of the country in which the corporation operated. In addition to exercising jurisdiction over U.S. corporations, U.S. courts have exercised jurisdiction in cases involving non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside the U.S.The exercise of jurisdiction by U.S. courts over non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside of the U.S. raises serious questions as to the jurisdictional foundation on which the power of U.S. courts to adjudicate them rests. Defences that foreign defendants can raise against the exercise of jurisdiction by the U.S. courts are an objection to the extraterritorial assertion of jurisdiction, the act of state doctrine, the political question doctrine, forum non conveniens, and the principle of comity. These defences are bolstered by the support of the defendant’s home government and other governments.


Sign in / Sign up

Export Citation Format

Share Document