scholarly journals How are Human Rights in the Concept of a State? A Review Book 'Negara Hukum dan Asasi Manusia', Dr. Bahder Johan Nasution, S.H., SM., M.Hum., CV Mandar Maju, Bandung, 2017, 286 pages, ISBN: 978-979-538-382-6

2021 ◽  
Vol 3 (1) ◽  
pp. 123-128
Author(s):  
Floribertus Bujana Adi Pradana
Keyword(s):  
Human Rights ◽  
Conceptual Understanding ◽  
The State ◽  
Legal Order ◽  
Moral Order ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Long Time ◽  
Protection Of Human Rights

For a long time, the issue of the state of law and human rights has always been debated among state legal experts and political thinkers. The purpose is to find an ideal concept about the state of law and the protection of human rights. However, for centuries, the concept of the state of law and the protection of human rights that are considered ideal has always been a debate. Moreover, so far there has been an impression that understanding human rights protection is superficially understood because it is only seen as mere moral guidelines. That understanding is wrong understanding because the understanding is not only on the moral order but also on the legal order. The facts show that, as a result of a superficial understanding of human rights, respect and also the enforcement of human rights are often not carried out properly as envisioned by a state of law. Based on this fact, this book has been compiled by referring to various literatures on constitutional law, political science and philosophy, which also describe the concept of the state of law and human rights, the concept of sovereignty and democracy, and the concepts of protection and the enforcement of human rights. Thus, the reader's understanding of the concept of the state of law and human rights can be understood in its entirety The understanding is not only in the concept of the state of law in legal formal way, but also in understanding more theoretical and philosophical concepts. Likewise, the understanding of human rights is also not only about conceptual understanding, but also understanding in the form of respect and protection of human rights implemented through the enforcement of human rights law.

scholarly journals Law, Cosmopolitan Law and the Protection of Human Rights

2008 ◽  
Vol 4 (2) ◽  
pp. 241-264 ◽  
Author(s):  
Sarah Sorial
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Positive Law ◽  
Protection Of Human Rights ◽  
Rights Discourse ◽  
Cosmopolitan Law ◽  
Human Rights Discourse ◽  
Subjective Rights

In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context of a cosmopolitan legal order. The aim of this paper is to assess the relevance of law as a mechanism for securing human rights protection. I argue that positive law does make a material difference to securing individual human rights and to cultivating and augmenting a general rights culture both nationally and globally. I suggest that Habermas' model of law presents the most viable way of negotiating the tensions that human rights discourse gives rise to: the tensions between morality and law, between legality and politics, and between the national and international contexts of human rights protection.

9. International human rights law

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
Primary Sources ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
Enforcement Mechanisms ◽  
Second World

This chapter discusses the system of human rights protection that has emerged since the end of the Second World War. It begins in Section 9.2 with the primary sources of human rights law before Section 9.3 discusses the different categories of human rights. Section 9.4 discusses the obligation on states to offer protection to individuals from the acts of other private individuals. Section 9.5 provides an overview of the enforcement mechanisms in the UN and Section 9.6 focuses on the regional protection of human rights. Section 9.7 discusses the territorial scope of human rights treaties and Section 9.8 concerns the application of human rights in times of public emergency.

9. International human rights law

2021 ◽  
pp. 163-185
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Primary Sources ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Enforcement Mechanisms ◽  
Private Actors

This chapter discusses the system of human rights protection that has emerged since the end of the Second World War. It begins in Section 9.2 with the primary sources of human rights law before Section 9.3 discusses the different categories of human rights. Section 9.4 discusses the obligation on states to offer protection from acts of private actors. Section 9.5 provides an overview of the enforcement mechanisms in the UN and Section 9.6 focuses on the regional protection of human rights. Section 9.7 discusses the territorial scope of human rights treaties and Section 9.8 concerns the application of human rights in times of public emergency. Section 9.8 provides an overview of the international legal protection of refugees.

scholarly journals Australia: Country Report on Human Rights

2009 ◽  
Vol 40 (1) ◽  
pp. 37
Author(s):  
Jennifer Corrin
Keyword(s):  
Human Rights ◽  
Law Reform ◽  
Federal State ◽  
Human Rights Law ◽  
Country Report ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Status ◽  
Protection Of Human Rights ◽  
The Common

This article provides a country report on the status of human rights in Australia. Human rights law in Australia is embodied in three sources: constitutional provisions, federal, state and territorial legislation, and the common law. However, the author notes that Australia has not embraced the 'rights revolution' seen elsewhere around the world as it does not have a constitutionally enshrined charter of human rights. This status of human rights under Australian law reflects the nation's conservative approach to constitutional law reform, and it is argued that the above sources of human rights law do not provide a comprehensive regime for the protection of human rights in Australia. However, several states have proved that popular support for human rights protection is a political possibility, which shows cautious optimism for the future of human rights laws in Australia.

scholarly journals KONSTITUSIONALITAS TANGGUNG JAWAB NEGARA DALAM MELINDUNGI PEMBELA HAK ASASI MANUSIA

2021 ◽  
Vol 6 (1) ◽  
pp. 63
Author(s):  
Adi Purnomo Santoso ◽  
Dina Liliyana
Keyword(s):  
Human Rights ◽  
State Government ◽  
Research Method ◽  
The State ◽  
Constitutional Democracy ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Environmental Human Rights ◽  
The Republic

<p><em>After the amendment of 1999-2002, the Constitution of the Republic of Indonesia 1945 (UUD NRI 1945) as the constitution has contained material or substance more complete to the protection of human rights (human rights) than before the amendment. This is however a commitment of the state to qualify the existence of Indonesia as a state of Pancasila law that embraces constitutional democracy. In the epicentre of human rights protection, including how the state's responsibility in protecting human rights defenders. However, in contrast to what is regulated in the text of the constitution, in practice as revealed in the report of the Institute for Public Studies and Advocacy (ELSAM) noted that during 2019, there have been 27 cases of violence against environmental defenders with the spread of cases reaching 14 provinces and 24 districts and resulted in 127 individuals and 50 groups of Environmental Human Rights Defenders being victimized. This study aims to describe and review how the responsibility of the state in protecting human rights defenders constitutionally. The research method used is normative research with qualitative analysis approach, where data collection is done through literature studies. The result of this research is that Indonesia as the state of Pancasila law has constitutionally mandated the state (government) to specifically protect human rights defenders. By protecting human rights defenders, the state is not only implementing the constitution as the substance of living law, but also as an effort to promote universal human dignity and dignity.</em></p>

scholarly journals Human Rights. Protection and enforcement

2021 ◽  
pp. 141-148
Author(s):  
V. V. Vynokurov
Keyword(s):  
Human Rights ◽  
Skin Color ◽  
The State ◽  
Legal Responsibility ◽  
State Responsibility ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Individual

The article is devoted to the analysis of the essence and content of the categories «human rights», «protection of human rights», «human rights enforcement» in terms of the substantive relationship between the constitutional state and the individual in modern society. It is emphasized that addressing these terms through the prism of human rights in order to effectively implement them, it is necessary to clearly understand their content and scope of possible actions covered by them, as well as to distinguish between «protection» and «enforcement» at both scientific and legislativelevels, taking into account, inter alia, their lexical meaning. It is determined that everyone, on the one hand, should be able to freely choose the way to protect their rights, and on the other – must be sure that the state guarantees equal opportunities for everyone, regardless of race, language, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, etc., to use these methods of protection. The role and importance of public authorities in the process of protection and enforcement of human rights and freedoms and the state responsibility to the individual as an integral part of ensuring constitutional human rights are also defined. It is concluded that an integral part of constitutional human rights enforcement is certainly the existence of an effective and efficient mechanism of legal responsibility of the state to the individual. Keywords: human rights, protection of human rights, human rights enforcement, public authorities, state responsibility.

9. International human rights law

2019 ◽  
pp. 166-188
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Primary Sources ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Enforcement Mechanisms ◽  
Private Actors

This chapter discusses the system of human rights protection that has emerged since the end of the Second World War. It begins in Section 9.2 with the primary sources of human rights law before Section 9.3 discusses the different categories of human rights. Section 9.4 discusses the obligation on states to offer protection from acts of private actors. Section 9.5 provides an overview of the enforcement mechanisms in the UN and Section 9.6 focuses on the regional protection of human rights. Section 9.7 discusses the territorial scope of human rights treaties and Section 9.8 concerns the application of human rights in times of public emergency. Section 9.8 provides an overview of the international legal protection of refugees.

Human rights and positive obligations of the state

2021 ◽  
Vol 28 (3) ◽  
pp. 27-35
Author(s):  
Vitaliy B. Kovalchuk ◽  
Iryna M. Zharovska ◽  
Bohdan I. Gutiv ◽  
Bogdana B. Melnychenko ◽  
Iryna O. Panchuk
Keyword(s):  
Human Rights ◽  
The State ◽  
International Treaties ◽  
International Human Rights ◽  
Scientific Methods ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
General Scientific ◽  
International Human

At present, both the international and the regional levels of human rights protection lack an express definition of the positive obligation of states to protect human rights. Similarly, the doctrine lacks a unified opinion regarding this concept. For quite a long time, human rights were considered as such that give rise to so-called negative obligations of states to refrain from human rights violations. However, with the development of international human rights law, it is increasingly recognised that human rights also give rise to positive obligations of the state to take active measures to ensure these rights. Such obligations usually derive from international human rights treaties or from the interpretation of international judicial bodies that monitor the implementation of corresponding international treaties. Therefore, it is crucial for the doctrine and practice of international law in the field of human rights protection to analyse the positive obligations of the state, which are consolidated in international treaties and the practice of international judicial bodies. The purpose of this study is to analyse human rights and positive obligations of the state in the context of regional mechanisms for the protection of human rights. Among the general scientific methods, the study used the analysis and synthesis, as well as deduction, induction, prediction, modeling, analogy and other general scientific methods. A thorough study of the positive obligations of the state would be impossible even without the use of special methods of study and cognition, which include comparative legal, historical and legal, technical, and structural-functional methods. In particular, one of the leading research methods was the comparative legal method, which was used to study the practice of regional mechanisms for the protection of human rights. The study provides an overview of the modern interpretation of positive obligations of states. Specifically, this study focuses on the practice of the European, Inter-American and African Human Rights Courts in the context of applying the state's positive obligations

The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
International Human

Chapter 5 adds to the contemporary discourse on human rights obligations of non-state armed groups by showing that in many situations, there is a clear legal need for these obligations. This chapter first engages in the debate on whether and to what extent certain human rights treaties address armed groups directly. Second, it shows that under the law of state responsibility, states are generally not responsible for human rights violations committed by non-state entities. Third, it recalls that under international human rights law, states have an obligation to protect human rights against violations committed by armed groups. However, it argues that because this cannot be a strict obligation but is one that depends on states’ capacities and the particular circumstances, often this framework cannot adequately protect individuals against human rights violations by armed groups. The result is a legal and practical need for human rights obligations of non-state armed groups.

Regional Human Rights

2021 ◽  
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Protective Mechanisms ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Systems ◽  
Protection Of Human Rights ◽  
International Human ◽  
Local Languages ◽  
Specific Country

Regional human rights mechanism are now in place covering nearly all five continents with the notable exception of Australia. Regional and international human rights protection are not meant to thwart each other. On the contrary, the regional protection of human rights is intended to back up and strengthen the international one by translating human rights into local languages and supporting them with additional protective mechanisms like commissions and courts that enforce regional human rights documents. In this volume, five experts from various continents will introduce regional human rights protection systems in Europe, Africa, Asia, Latin America and Australia providing an overview of the regional protections vis-à-vis the international one and then contextualising it in specific country context.

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