scholarly journals POLITIK HUKUM KESETARAAN KAUM PEREMPUAN DALAM ORGANISASI MASYARAKAT ISLAM DI INDONESIA

2012 ◽  
Vol 11 (1) ◽  
pp. 67
Author(s):  
Habib Shulton Asnawi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Gender Equality ◽  
Political Rights ◽  
Men And Women ◽  
Trademark Law ◽  
The Government ◽  
The Right ◽  
Islamic Society ◽  
Practical Level

In the normative level, generally all agreed to place women are equal to men, that is the position as humans, as well as the servant of Allah. Women are recognized to have a number of rights and freedoms, including the right to engage in politics, especially in the organization of the Islamic society. To strengthen the protection of women's rights, the government of Indonesia to make a policy or legislation (political law), both to improve policies of national legislation and policies ratified international law. However, when the policy (political law) or a pattern of gender relations between men and women drawn into operational a practical level, it appears that a long debate and a serious problem occurs. The rights of women experiencing prolonged discrimination, discrimination and marginalization occurs at the level of political rights and policies in the organization of Islamic society. In Indonesia, the rights of women in Islamic society organization, still have enough depth concerns. The pro and contra related to gender equality in Indonesia, particularly in the field of Islamic society organizations would affect the wheels of government in Indonesia, particularly in relation to the State of trademark law is the protection and freedom of human rights. Therefore, policies need to be related to equality between men and women both fair and legal.

scholarly journals Conflict over Conflict: The Right to Strike in International Law

2017 ◽  
Vol 8 (1) ◽  
Author(s):  
Diane F Frey
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Political Rights ◽  
International Labour Organisation ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>

scholarly journals HAK-HAK PEREMPUAN DALAM PENGARUSUTAMAAN RATIFIKASI CEDAW DAN MAQĀṢID ASY-SYARĪ‘AH

2017 ◽  
Vol 9 (2) ◽  
pp. 201
Author(s):  
ARIFAH MILLATI AGUSTINA
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Millennium Development Goals ◽  
International Community ◽  
Special Treatment ◽  
Men And Women ◽  
Substantive Equality ◽  
Millenium Development Goals ◽  
Development Goals ◽  
The Right

A concern in the elimination of discrimination against women with special treatment is recognized by the international community. This is manifested in the convention on the elimination of all forms of discrimination against women (CEDAW), which aims at achieving the equality and justice. The elimination of discrimination acts as the mainstreaming of women towards the gender equality. It is even formulated as a basic need for the promotion of the human rights in the millennium development goals. This article discusses maqāṣid asy-syarī'ah with the principle of substantive equality, the principle of non-discrimination in the fulfillment of basic freedoms and human rights, and the principle of state obligation that has the responsibility to ensure the realization of the right equality of men and women using the approach of al-maṣlaḥah.[Perhatian pada penghapusan diskriminasi terhadap perempuan dengan perlakuan khusus diakui oleh dunia Internasional. Hal ini diwujudkan dalam Convention on the Elimination of All Forms of Discrimination Againts Women (CEDAW) yang bertujuan untuk mencapai persamaan dan keadilan. Penghapusan diskriminasi tersebut berperan sebagai pengarusutamaan perempuan menuju kesetaraan gender. Bahkan hal ini dirumuskan sebagai kebutuhan dasar pemajuan hak asasi manusia dalam millenium development goals. Tulisan ini mendiskusikan maqāṣid asy-syarī'ah dengan prinsip kesetaraan substantif, prinsip non-diskriminasi dalam pemenuhan kebebasan-kebebasan dasar dan hak asasi manusia, serta prinsip kewajiban negara yang memiliki tanggungjawab untuk memastikan terwujudnya persamaan hak laki-laki dan perempuan, dengan menggunakan pendekatan al-maṣlaḥah.]

scholarly journals Extraterritorial application of the right to life on the high sea . Commentary to the Views adopted by the Human Rights Committee of 27 January 2021, A.S., D.I., O.I. and G.D. against Italy, Communication No. 3042/2017

2021 ◽  
Author(s):  
Bartosz Pacholski
Keyword(s):  
Human Rights ◽  
International Law ◽  
Subject Matter ◽  
Political Rights ◽  
Right To Life ◽  
Rescue Operation ◽  
Protection Of Human Rights ◽  
The Subject ◽  
Civil And Political Rights ◽  
The Right

The subject matter of this commentary, which instigates the Views of the Human Rights Committee of 27 January 2021, is the protection of one of the fundamental human rights – the right to life. The Committee, as an authority appointed to oversee compliance with the International Covenant on Civil and Political Rights, had to decide on the issue of Italy’s responsibility for failing to provide assistance to a boat in distress, even if the area in which the vessel was located was not within the territory of this state and other acts of international law attribute the responsibility for executing the rescue operation to a third country. According to the Committee’s views, which applied extraterritorial approach to the protection of the right to life, whenever states have the opportunity to take action for the protection of human rights they should do everything possible in a given situation to help people in need.

Freedom of Speech in International Law

2021 ◽  
pp. 192-212
Author(s):  
Michael Hamilton
Keyword(s):  
Human Rights ◽  
International Law ◽  
Freedom Of Speech ◽  
Political Rights ◽  
Civil And Political Rights ◽  
The Right ◽  
Domestic Law

This chapter traces the broad contours of the right to freedom of speech as it has evolved in international law, principally under Article 19(2) of the 1996 International Covenant on Civil and Political Rights (ICCPR or ‘the Covenant’). Any speech protective principles deriving from the international jurisprudence are qualified by the following factors: the contextual contingency of the value of speech, the inherently limited reach of international scrutiny, the changing nature of the marketplace, and emerging forms of censorship. The chapter then outlines the key human rights treaty protections for freedom of speech, before further exploring the scope of the right. It examines the permissible grounds for speech restriction, highlighting two contested categories of speech—namely, incitement to hatred and glorification of terrorism—where international law not only concedes the low value of such speech, but specifically mandates its prohibition in domestic law. States that introduce broadly framed speech restrictions may claim to be acting in satisfaction of this prohibitory requirement. In consequence, the intensity of any ensuing international scrutiny will inevitably be substantially reduced.

(2) Convention on the Political Rights of Women, adopted by the seventh session of the General Assembly, December 20, 1952

1953 ◽  
Vol 7 (1) ◽  
pp. 173-175
Keyword(s):  
United Nations ◽  
Public Service ◽  
General Assembly ◽  
The Political ◽  
Political Rights ◽  
Men And Women ◽  
The Status ◽  
The United Nations ◽  
The Government ◽  
The Right

Desiring to implement the principle of equality of rights for men and women contained in the Charter of the United Nations,Recognizing that everyone has the right to take part in the government of his country directly or through freely chosen representatives, and has the right to equal access to public service in his country, and desiring to equalize the status of men and women in the enjoyment and exercise of political rights, in accordance with the provisions of the Charter of the United Nations and of the Universal Declaration of Human Rights,

scholarly journals KEADILAN GENDER DALAM ISLAM (Telaah Atas Diskursus Hak Rujuk Perempuan dalam Hukum Keluarga Islam)

AKADEMIKA ◽  
2021 ◽  
Vol 15 (2) ◽  
Author(s):  
Muhammad Aziz ◽  
Ahmad Hanif Fahruddin
Keyword(s):  
Human Rights ◽  
International Law ◽  
Gender Inequality ◽  
Community Perception ◽  
Gender Perspective ◽  
Men And Women ◽  
The Right

Religius teachings that are considered to have long oppressed womenthe teachings that have been domination by men have been used as a justification for community perception that are very detrimental to women.however,this criticism of gender inequality in discusseions with human rights does not only return to the misperception of the people.feminists also maintain a great deal about the concept of humen rights it self.fundamental criticism by questioning the return of international law to its maker. The qur’an has the principle that men and women are the same as servants, because men and women are created from the same subtance (kholifatullah fiilardh),and the same obligations ( liya’budun) however,in the matter of reconciliation,the ulama’ agree that reconciliation is an absolute right of the husband. In the gender perspective if you see some possible understanding that women can submit referals as their right to their husband by conducting a new analysis of  the issue of referral rights’ which so far has been suggested to be dominated by men ( husband) by redeeming the rights of husband who was given to him. And with the khulu’ also the wife also has the right to the right of reconciliation to the husband who has dropped divorce on him.

The Principle of Human Rights

2019 ◽  
pp. 171-182
Author(s):  
Henk Addink
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Political Rights ◽  
The Public ◽  
Cultural Rights ◽  
Employment Education ◽  
The Government ◽  
The One ◽  
The Individual ◽  
The Right

The term ‘human rights’ has different meanings and is used in many academic subjects. It is used by lawyers and politicians, by philosophers and theologians, and, more generally, by the public. The term is used to denote a broad spectrum of very diverse rights, ranging from the right to life to the right to a cultural identity. They involve all elementary preconditions for an existence worthy of human dignity. These rights are ordered and specified in different ways. Often a distinction is made between civil and political rights on the one hand and economic, social, and cultural rights on the other. Some also add collective rights as a third group. The first group is related to restricting the powers of the state in respect of the individual. The second group often requires governments to intervene actively to create good conditions for human development, such as employment, education, and healthcare. When we speak about the right to good governance we must distinguish between the right as such and the underlying norms which are part of the principles of good governance: properness, transparency, participation, effectiveness, and accountability. This means that the underlying norms of the right to good governance are also related to these five principles. The inclusion of human rights as one of these principles here is to make it more explicit that this is not only a subjective right for the citizens but also an obligation for the government. The right and the obligation are two sides of the same coin.

scholarly journals The Interpretation of Freedom of Religion and Believe: How Do University Understand This to Society?

2020 ◽  
Vol 2 (1) ◽  
pp. 15-28
Author(s):  
Rurin Sisilia Prasetyani ◽  
Shally Saniyya Novina
Keyword(s):  
Human Rights ◽  
Human Freedom ◽  
Freedom Of Religion ◽  
Political Rights ◽  
Right To Life ◽  
Basic Rights ◽  
Protestant Christians ◽  
Religion And Ethnicity ◽  
The Government ◽  
The Right

This paper is based on the condition of freedom of religion and belief and people's understanding of the meaning of freedom of religion and belief which is still wrong and ambiguous. In fact, as dignified beings, humans have a number of basic rights that must be protected, such as the right to life, the right to political rights, the right to assemble, as well as the right to religion and belief. Human rights values ​​teach that these basic human rights are protected and respected. Human rights teach the principle of equality and human freedom so that there can be no discrimination, exploitation and violence against humans in any form and also there should not be any restrictions and restrictions on basic human freedoms, including the right to freedom of religion. The Indonesian nation is a pluralistic nation. There are various kinds of ethnicity, race, religion, and ethnicity that cause diversity in Indonesia. Although the majority of Indonesian people are followers of Islam, however, in Indonesia there are also several other official religions recognized by the government, namely, Catholic Christians, Protestant Christians, Hindus, Buddhists, and Confucians. Therefore, every person has the right to freedom of religion or belief, that means no one may be subject to coercion that would interfere with his freedom to adhere to or embrace a religion or belief of his own choice.

Rights against Torture in Nepal

2015 ◽  
Vol 4 (1) ◽  
pp. 104-136
Author(s):  
Hemang Sharma
Keyword(s):  
Human Rights ◽  
International Law ◽  
Fundamental Rights ◽  
Practical Implementation ◽  
Political Commitment ◽  
Developed Country ◽  
The World ◽  
Convention Against Torture ◽  
The Government ◽  
The Right

Torture is a serious human rights problem in the world. Despite the absolute prohibition under the Convention against Torture (cat) and other international law, torture is still practiced in many parts of the world. The widespread prevalence of torture is a source of concern. Nepal is a party to the cat. The Interim Constitution of Nepal guarantees the rights against torture as fundamental rights. However, reports from various organisations provide chilling records and case studies about the widespread use of torture. The increasing link between national and international human rights organisations put pressure to the government to cease torture in practice. Strong political commitment, anti-torture measures along with addressing root-causes of torture are essential to protect the right to freedom from torture. This article examines the complexity of commitment and practical implementation of the cat in the least developed country of Nepal. The aim of the article is to contribute to reforming the normative framework and to make the government accountable for the prevention of torture.

Introduction

2021 ◽  
Author(s):  
Clooney Amal ◽  
Webb Philippa
Keyword(s):  
Human Rights ◽  
International Law ◽  
Fair Trial ◽  
Political Rights ◽  
Starting Point ◽  
Civil And Political Rights ◽  
The Right ◽  
Preparatory Work

This introductory chapter provides an overview of the right to a fair trial. An unfair trial can be devastating to an individual defendant—removing their liberty, destroying their reputation, even taking away their life. Unfair trials are also damaging to entire societies as they are used to undermine democracy and oppress minorities. As such, the right to a fair trial is one of the most fundamental components of human rights. Article 14 of the International Covenant on Civil and Political Rights (ICCPR) is the starting point and organising principle of the right to a fair trial, but the scope and content of the right is not always easy to discern given the multitude of international-law sources that define it. Understanding the right to a fair trial may require reference not only to its interpretation by courts, treaty bodies, rapporteurs, experts, and scholars, but also the preparatory work of the treaty and the circumstances of its conclusion.

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