scholarly journals The compatibility of sexual orientation change efforts with international human rights law

2017 ◽  
Vol 35 (3) ◽  
pp. 176-192 ◽  
Author(s):  
Ignatius Yordan Nugraha
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Orientation Change ◽  
Rights Of The Child ◽  
International Human ◽  
The Right ◽  
Change Efforts

Sexual orientation change efforts (SOCE) have been promoted aggressively under the belief that homosexuality is a curable disease. However, scientific research has shown that such practice can cause detrimental effects such as self-loathing, depression and even suicidal urges. It has also revealed that homosexuality is a mere variation of human sexuality and dispelled the myth that it is a ‘contagious disease’. This raises some concerns that the practice of SOCE could amount to human rights violations, and thus this article shall tackle the issue of whether such practice is compatible with international human rights law. Given that children have been identified as a group that is particularly vulnerable to SOCE, this article shall commence by scrutinising whether there is an obligation to ban SOCE for minors under the jurisprudence of the Convention on the Rights of the Child. This article shall then proceed to the question of whether a similar obligation is also applicable to SOCE for adults through the application of the right not to be subjected to torture or cruel, inhuman or degrading treatment.

The Holy See and Children’s Rights: International Human Rights Law and Its Ghosts

2015 ◽  
Vol 84 (1) ◽  
pp. 59-88
Author(s):  
Ntina Tzouvala
Keyword(s):  
Human Rights ◽  
Child Abuse ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Legal Subject ◽  
Holy See ◽  
Rights Of The Child ◽  
Vatican City ◽  
International Human

The revelation of a series of child abuse incidents committed by Catholic priests and other members of religious orders has given rise to the question of establishing the responsibility of the Holy See for these acts under international human rights law. This article focuses on the report issued in 2014 by the Committee on the Rights of the Child, the monitoring body of the Convention of the Rights of the Child (crc). It is argued that in order to fulfil this task we need to take three steps: first, to establish the relationship between the Vatican City state and the Hole See, a distinct and peculiar international legal subject. To do so, a historical account of the Holy See and its position within the fabric of international law is considered necessary. Secondly, this article argues that the crc was ratified by the Holy See both in its capacity as the government of the Vatican City and as a non-territorial legal subject. Hence, the application of the crc is not confined within the limited territory of the Vatican City, but ‘follows’ the authority of the Holy See irrespective of state borders. Thirdly, it is argued that the vertical, hierarchical structure of the Holy See is homologous to that of the modern state and, therefore, attribution rules can be applied by analogy in this case. The final conclusion is that it is possible to hold the Holy See responsible under the crc for acts of child abuse that occurred under its authority around the globe.

Legal Pluralism, Human Rights and the Right to Vote: The Case of the Noken System in Papua

2021 ◽  
Vol 22 (2) ◽  
pp. 255-286
Author(s):  
Ignatius Yordan Nugraha
Keyword(s):  
Human Rights ◽  
Local Population ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Right To Vote ◽  
The Right ◽  
Legal Pluralist

Abstract The goal of this article is to explore the clash between international human rights law and a legal pluralist framework in the case of the noken system and also to investigate potential solutions to the clash. Elections in Indonesia are generally founded on the principle of direct, universal, free, secret, honest and fair voting. There is a notable exception in the Province of Papua, where tribes in the Central Mountains area are following the noken system. Under this system, votes are allocated to the candidate(s) based on the decision of the big man or the consensus of the tribe. The Indonesian Constitutional Court has accepted this practice as reflecting the customs of the local population. However, this form of voting seems to be contrary to the right to vote under international human rights law, since article 25(b) of the International Covenant on Civil and Political Rights stipulates that elections shall be held genuinely by universal suffrage and secret ballot to guarantee the free will of the electors. Consequently, the case of the noken system in Papua reflects an uneasy clash between a legal pluralist approach and universal human rights.

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