scholarly journals ULFA’s Xhunor Axom1 and Negation of the State

2013 ◽  
Vol 13 (3) ◽  
Author(s):  
Bitasta Das
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Cross Sections ◽  
The State ◽  
Political Organization ◽  
Civilian Population ◽  
The People ◽  
Human Rights Violation

The people of Assam have been the worst sufferers as a result of the ongoing conflicts. Three decades of widespread human rights violation in the form of arrests, detention, killings and at times genocide have made life miserable for the democratic civilian population. As a result, over the years, various political and non-political organization, intellectuals and various cross sections of the civil society have been demanding for a political solution for the long standing arm conflict known as ―Indo Assam Conflict‖. (Borbora 2008:3).The people of Assam have been the worst sufferers as a result of the ongoing conflicts. Three decades of widespread human rights violation in the form of arrests, detention, killings and at times genocide have made life miserable for the democratic civilian population. As a result, over the years, various political and non-political organization, intellectuals and various cross sections of the civil society have been demanding for a political solution for the long standing arm conflict known as ―Indo Assam Conflict‖. (Borbora 2008:3).

scholarly journals The State of Human Rights in Federally Administered Tribal Areas of Pakistan

2016 ◽  
Vol I (I) ◽  
pp. 85-100
Author(s):  
Ahmed Sohail ◽  
Ahmed Fasih ◽  
Zubair Muhammad
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
The State ◽  
Military Operations ◽  
Common People ◽  
The People ◽  
Level Of Satisfaction ◽  
The Common ◽  
Tribal Areas ◽  
Human Rights Violation

The respect of human rights in a society determines the destination of that society or state. It is the level of satisfaction of citizens of a country which convinces them to work for the growth and progress of that state or society. The people of FATA are living under a draconian law which is known as Frontier Crime Regulations (FCR). There is agrave human rights violation of the people of FATA under this law. Freedom of speech, freedom of expression etc. are hampered by the FCR and the common people live under a threat of collective punishment as well. Moreover, due to military operations against the militants in the area, millions of people from FATA have been displaced. At times, there are grave violations of human rights of the displaced persons as well. This paper will explore the state of human rights in FATA in general and evaluates its impact on the Federation of Pakistan. The paper evaluates different instances of human rights violation in various agencies of FATA and their root causes as well.

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Trafficking In Persons ◽  
The People ◽  
Public Company ◽  
Legal Sanctions ◽  
Women And Children ◽  
Human Rights Violation

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  

People’s Movement in Odisha: An Assessment

2017 ◽  
Vol 63 (2) ◽  
pp. 265-283
Author(s):  
Subhendu Ranjan Raj
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Civil Disobedience ◽  
The State ◽  
State Governments ◽  
Growth Strategies ◽  
Protest Movements ◽  
The People ◽  
The Government ◽  
Set Up

Development process in Odisha (before 2011 Orissa) may have led to progress but has also resulted in large-scale dispossession of land, homesteads, forests and also denial of livelihood and human rights. In Odisha as the requirements of development increase, the arena of contestation between the state/corporate entities and the people has correspondingly multiplied because the paradigm of contemporary model of growth is not sustainable and leads to irreparable ecological/environmental costs. It has engendered many people’s movements. Struggles in rural Odisha have increasingly focused on proactively stopping of projects, mining, forcible land, forest and water acquisition fallouts from government/corporate sector. Contemporaneously, such people’s movements are happening in Kashipur, Kalinga Nagar, Jagatsinghpur, Lanjigarh, etc. They have not gained much success in achieving their objectives. However, the people’s movement of Baliapal in Odisha is acknowledged as a success. It stopped the central and state governments from bulldozing resistance to set up a National Missile Testing Range in an agriculturally rich area in the mid-1980s by displacing some lakhs of people of their land, homesteads, agricultural production, forests and entitlements. A sustained struggle for 12 years against the state by using Gandhian methods of peaceful civil disobedience movement ultimately won and the government was forced to abandon its project. As uneven growth strategies sharpen, the threats to people’s human rights, natural resources, ecology and subsistence are deepening. Peaceful and non-violent protest movements like Baliapal may be emulated in the years ahead.

Child Combatants of the Maoist People’s Liberation Army (PLA) in Nepal: A Human Rights Perspective, 1996–2013

2017 ◽  
Vol 21 (1) ◽  
pp. 41-60
Author(s):  
Rajesh Kumar Meher
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Armed Conflict ◽  
Vulnerable Groups ◽  
People's Liberation Army ◽  
Disadvantaged Children ◽  
The Poor ◽  
People’S Liberation Army ◽  
Human Rights Violation ◽  
Major Target

The study analyzes involvement of children in the decade-long Maoist armed conflict in Nepal, an issue of grave human rights violations. An armed conflict affects all sections of the society irrespective of caste, class, gender, region, and religion. However, children have been one of the most vulnerable groups in the Maoist conflict in Nepal. The decade-long Maoist conflict in Nepal has various implications on children such as disruption of education, separation from families, killing and maiming, illegal detention, disability resulting from the conflict, etc. Thus, there has been gross human rights violation of children during the conflict. But one of the worst forms of implications of the Maoist conflict has been the recruitment of children as combatants by the Maoist Army, otherwise known as the People’s Liberation Army, formed in 2001, in their fight against the state forces, which is the focus of this study. The article explores how the poor disadvantaged children have been the major target of recruitment by the Maoist. It discusses the role played by the child recruits during the conflict. Besides, it examines the role played particularly by the United Nations as well as the Nepali civil societies in the protection, rehabilitation, and reintegration of children into the civil society.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

Manual Scavenging in India

2021 ◽  
Vol 8 (1) ◽  
pp. 30-40
Author(s):  
Pallavi Gupta
Keyword(s):  
Human Rights ◽  
The State ◽  
Human Society ◽  
Human Waste ◽  
Human Rights Violation ◽  
Indian Scenario

Manual scavenging is an occupation which has been in existence since the human society. The inhuman practice of manually take out night soil which comprises removal of human waste from dry toilets with their bare hands, brooms, or metal scrappers; transporting excrements and bags to dumping sites for disposal is not only diabolic but perhaps the top degree of human rights violation. Manual scavenging is a sort of enforced labour in some places. It passes on from generation to generation. Culture of getting prevailing amongst them is also depriving them of their rights. Regardless of several arrangements, laws, and policy, the state has been unsuccessful in its endeavours, but the conditions of the scavenging societies have remained unacceptable; the inhuman and shameful practice of manual scavenging is continuing. Researcher will critically observe the management of the manual scavenging with reference to actions of the state in safeguarding the due rights of the scavenging community in Indian scenario for better condition of manual scavenging occupation.

Definition and content of the right to freedom of conscience

2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  
Keyword(s):  
Human Rights ◽  
Human Behavior ◽  
The State ◽  
Human Beings ◽  
Freedom Of Conscience ◽  
Key Words Human ◽  
The People ◽  
The Law ◽  
The Right

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship

“Put Yourself in Her Shoes”

2017 ◽  
Author(s):  
Jennifer N. Fish
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Domestic Workers ◽  
The State ◽  
Cross Sectional ◽  
Government Influence ◽  
Opening Up

This chapter looks at the role of NGOs, global and national unions, and feminist government leaders in the movement to support domestic workers’ global rights. Here, the merger of civil society activism, labor struggles, and government influence reveals how a cross-sectional range of players served in pivotal roles as allies in the determination of policy protections. Relations between domestic workers and the state are analyzed to show the potential for opening up new spaces of worker activism. The discussion of feminist government leaders, or femocrats, reveals how the unexpected alliance of women in positions of power and women in some of the world’s most marginalized positions resulted in a synergy that shook a staid, bureaucratic institution to its core, and enabled its reorientation to more effectively address issues of global human rights.

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