scholarly journals MEMBONGKAR PATRIARKHISME ISLAM SEBAGAI KEARIFAN BUDAYA LOKAL: Sebuah Kritik Terhadap UU. No. 1 Tahun 1974 Tentang Perkawinan

2012 ◽  
Vol 13 (2) ◽  
pp. 223
Author(s):  
Habib Shulton Asnawi
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Women’S Rights ◽  
Patriarchal Ideology ◽  
Protection Of Human Rights ◽  
Historical Role ◽  
The Law ◽  
The Government

Patriarchism’s Islam is not a form of accusation that Islam is a patriarchal  religion. Patriarchism’s Islam here is a way of interpretation by certain circles, because of its cultural, political, social and historical role of specific, resulting in the claim that Islam is a religion that favor the ideology of patriarchy. This patriarchal ideology that considers women as inferior beings position than men. This forms a negative paradigm to the framers of the law in particular is the law. No. 1 Year 1974 About Marriage. As a result of the UUP, women in Indonesia, suffered discrimination and injustice, this is certainly a violation of human rights. The protection of women's rights is the duty of the government of Indonesia. Therefore, reform/amendment UUP is a necessity that should be done, in order of justice, equality and protection of human rights, especially as indigenous efforts in Indonesia.

Islam, Gender, and Democracy in Comparative Perspective

2017 ◽  
Keyword(s):  
Human Rights ◽  
Comparative Literature ◽  
Gender Equality ◽  
Gender Inequality ◽  
Women's Rights ◽  
Women’S Rights ◽  
Muslim Countries ◽  
And Gender ◽  
Shed Light

This volume reframes the debate around Islam and women’s rights within a broader comparative literature. It examines the complex and contingent historical relationships between religion, secularism, democracy, law, and gender equality. Part I addresses the nexus of religion, law, gender, and democracy through different disciplinary perspectives (sociology, anthropology, political science, law). Part II localizes the implementation of this nexus between law, gender, and democracy, and provides contextualized responses to questions raised in Part I. The contributors explore the situation of Muslim women’s rights vis-à-vis human rights to shed light on gender politics in the modernization of the nation and to ponder over the role of Islam in gender inequality across different Muslim countries.

THE ROLE OF THE JUDICIARY IN THE CONSTITUTIONAL AND LEGAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS

2018 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Aspect ◽  
Legal Protection ◽  
The State ◽  
Time Dynamic ◽  
Protection Of Human Rights ◽  
The Law ◽  
Judicial Protection

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

Recognition and Protection of Women's Rights and Gender in FDRE Constitution and Other Laws of Ethiopia

2020 ◽  
Vol 7 (2) ◽  
pp. 32-46
Author(s):  
Yetimwork Anteneh Wondim
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Women’S Rights ◽  
Access To Education ◽  
Gender Based Violence ◽  
Human Rights Protection ◽  
Sexual Division Of Labor ◽  
The Government ◽  
Gender Based ◽  
And Gender

Irrespective of their contribution, women in Ethiopia have been facing issues like violence, gender-based discrimination, access to education and training, lack of basic human rights protection, and others. Girls' enrollment in education at all levels is much lower than boys. Female education is hampered mainly by the sexual division of labor, which confines girls to household activities. In addition, women have been suffering from gender-based violence under the guise of tradition and culture but condoned by society. In response to these problems, the Government of Ethiopia adopted relevant instruments pertaining to gender including the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW), The Beijing Platform for Action, The Ethiopian Constitution, and various other policies and establishing the national machinery for addressing gender issues. However, several challenges still exist in the realization of women's rights. Therefore, all the respect and protection given for human rights should also be given to women because women's rights are human rights.

scholarly journals The role of african court on human and peoples’ rights protection: the case of libyan crises

2019 ◽  
Vol 6 (3) ◽  
pp. 213-222
Author(s):  
Getahun Kumie Antigegn
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Qualitative Methodology ◽  
Human Rights Violations ◽  
Court Decisions ◽  
Humanitarian Law ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Government

The emergence of regional human rights systems depicts one of the greatest achievements in the internationalization of human rights. The foundation of the charter paved the way for the birth of the court thereafter. The African Court is established by virtue of the 1998 protocol to the Charter and the court is built upon an arsenal of protective and remedial techniques. The establishment of the court has reset the stage and created a new platform for the protection of human rights in Africa. The cardinal objective of the paper is to investigate the role of African Court on human and Peoples’ rights protection in Libya Crises taking the case of Saif Al Islam Gaddafi. The paper has utilized qualitative methodology. The government of Libya responded with brutal force against civilian protesters in contravention of international human rights and humanitarian law. The security force of the government of Libya killed many protesters as well. This situation intensified human rights violations and enforced many of the peoples to displace. The court issued an important ruling in March 2011, ordering provisional measures against Libya in the armed conflict in its territory. Libya government denied the claims of human rights violations in its territory and showed its willingness to subject itself to criminal investigations by the Court if necessary. The issue of the fund, independence, commitment and competence of judges to interpret mandate and jurisdiction, the willingness of the states to support and to abide by court decisions, and powers of the concerned body to enforce court decisions hampered the court from being effective. Generally, African States act in good faith with respect to the decisions of the African Human Rights Court, the court becomes more import.

scholarly journals Hak Perempuan dan Kesetaraan Gender dalam Perspektif Filsafat Hukum

2020 ◽  
Vol 15 (1) ◽  
pp. 74-82
Author(s):  
Budi Hermawan Bangun
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Women's Rights ◽  
Legal Philosophy ◽  
Vulnerable Groups ◽  
Women’S Rights ◽  
The Law

This paper focuses on the origin and development of women’s rights and the principle of gender equality in the perspective of legal philosophy.Women's rights as part of Human Rights were born and developed from thoughts about the importance of protecting and fulfilling the rights of women who belong to vulnerable groups and also to ensure gender equality.Although it has been accommodated in various national and international legal instruments, de facto fulfillment of women's rights must still be ensured by each country.Fulfillment of women's rights in the perspective of legal philosophy seeks to obtain justice as the highest goal of the law itself and ensure the realization of the principle of equality before the law.

Gender in the Iranian Constitution

2018 ◽  
Vol 98 (2) ◽  
pp. 265-283
Author(s):  
Katajun Amirpur
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Modern Human ◽  
Women’S Rights ◽  
Actual Role ◽  
The People

Abstract My aim in this paper is to show that the Iranian constitution, with respect to women’s rights, is vague and ambiguous. If one only looks at the text of the constitution and its current interpretation, both cannot be considered as guaranteeing women’s rights in the sense of modern human rights. But one can still ask the question: Could it not be the case that this arbitrary character of the constitution can be exploited? This is where the actual role of the people comes in, which is not the topic of this paper but its most important context.

Democracy, Oil, or Religion? Expanding Women's Rights in the Muslim World

2013 ◽  
Vol 6 (3) ◽  
pp. 596-617 ◽  
Author(s):  
Neilan S. Chaturvedi ◽  
Orlando Montoya
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Women’S Rights ◽  
Science Literature ◽  
Political Factors ◽  
Muslim Countries ◽  
Oil Resources ◽  
The Government ◽  
Religion And State ◽  
Using Data

AbstractOf the 45 Muslim majority countries in the world, 42 have signed the Convention on the Elimination of All Forms of Discrimination Against Women. While this does indeed signal a motive to improve women's rights, there is wide disparity in terms of which countries expand rights and which do not. Social science literature suggests that in addition to economic factors like wealth and oil resources, or political factors like the quality of democracy in the country, Islamic culture may be at odds with the Western conception of women's rights. We posit that Muslim countries are unique in this regard due to religious pressures that often conflict with conventional measures of human rights. Using data from the Cingranelli-Richards Human Rights Dataset and the Religion and State Project, we find that Muslim countries that restrict the influence of fundamentalist religion in the government and population improve women's economic and social rights.

16. Women’s rights

2017 ◽  
Author(s):  
Dianne Otto
Keyword(s):  
Human Rights ◽  
International Law ◽  
Women's Rights ◽  
Gender Mainstreaming ◽  
Innovative Approach ◽  
Women’S Rights ◽  
Strong Version ◽  
Substantive Equality ◽  
Women's Equality ◽  
The Law

This chapter examines women’s rights. Section 2 describes the treatment of women in international law prior to the adoption of the UN Charter, in order to highlight the significance of the subsequent shift to the promotion of women’s equality. It examines the non-discrimination approach favoured by the drafters of the founding human rights instruments, highlighting the importance of the approach as well as some of its limitations. Section 3 examines the innovative approach taken in the Convention on the Elimination of All Forms of Discrimination Against Women, the drafters of which aimed to address the problems attending the concept of non-discrimination by promoting a strong version of women’s substantive equality. Section 4 considers the strategy of ‘gender mainstreaming’ adopted in the 1990s, which sought to reinterpret mainstream human rights to be inclusive of women’s experiences. Section 5 concludes by highlighting some continuing obstacles presented by the law itself, which prevent women from successfully claiming and enjoying human rights.

scholarly journals The Retroactive Principle in Law No. 26 of 2000 concerning the court of human rights

2020 ◽  
Vol 1 (2) ◽  
pp. 139
Author(s):  
Ricky Tongam Marpahala Siahaan ◽  
Candra Perbawati ◽  
Ahmad Saleh
Keyword(s):  
Human Rights ◽  
Research Methods ◽  
Secondary Data ◽  
The State ◽  
Human Rights Violations ◽  
Legal Rules ◽  
The Past ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Government

Protection of human rights is a responsibility that must be carried out by the state, in this case the state must also resolve cases of human rights violations that have occurred. There are many cases of human rights violations that occurred in the past but cannot be resolved because there are no legal rules that govern at that time. The presence of Law Number 26 of 2000 concerning the court of human rightss is certainly a way for the government to resolve the problem of gross human rights violations in the past. The principle of retroactivity was included in Law Number 26 of 2000 concerning the court of human rightss so that gross violations of human rights that occurred in the past could be resolved. The retroactive principle in Law Number 26 of 2000 concerning the court of human rightss is considered to violate existing regulations in Indonesia, especially it is considered contrary to the 1945 Constitution. -Law Number 26 of 2000 concerning the court of human rightss. This research uses normative research methods. The data used are secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that the application of the retroactive principle in Law Number 26 of 2000 concerning the court of human rightss does not contain elements that are absolutely contradictory to the Law. 1945 foundation.

Who Defines the Red Lines?

2017 ◽  
Author(s):  
Sari Kouvo ◽  
Corey Levine
Keyword(s):  
Women's Rights ◽  
International Community ◽  
Women’S Rights ◽  
Afghan Women ◽  
Peace Processes ◽  
Us Military ◽  
The Us ◽  
Countries In Transition ◽  
The Government

Since the emergence of the Taliban movement in Afghanistan, the situation of Afghan women has been a prominent issue in media and policy. This chapter analyzes the complex and contested role of women’s rights in Afghanistan since the US military-led intervention. Beginning with a review of justifications for the intervention—based in part on the situation of Afghan women—the chapter details and critiques the legislative and constitutional changes brought about by the intervention and the subsequent backlash against increased freedoms. As the international community shifted to prioritize security and stability over women’s rights, it illustrates the abandonment of Afghan women in favor of the possibility of negotiations with the Taliban. The chapter calls for greater involvement of women in peace processes and a genuine commitment to women’s rights by both the government and the international community. It closes with recommendations for other countries in transition.

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