scholarly journals Indonesian Government Policy To Provide Employment Opportunities For Persons With Disabilities

2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Rachmadani Fatria Agung Gumelar ◽  
Martinus Sardi
Keyword(s):  
Human Rights ◽  
Normative Study ◽  
Role Of Government ◽  
Persons With Disabilities ◽  
Library Research ◽  
Government Role ◽  
Role Based ◽  
Specific Regulation ◽  
The Right

Persons with disabilities still find it difficult to find and obtain work because they are considered less productive and incapable to work. However, every human being has human rights including the right to obtain work and to persons with disabilities. This study aims to understand the Indonesian government's role based on human rights instruments' concern for work opportunities. The research used a normative study with a descriptive qualitative analysis which is focused on library research and analysis of the compilation of written data. The author found that the role of government is through policies and realization on the program where the direction not only supervision within sanction to the employer but also develop quality and placement of disabilities workforce, open special labor market and promotion to all stakeholder for providing recruitment. Nonetheless, the national government role in the realization of obligation from the human rights legal instruments both international or national still not comprehensively comply with the provision because the specific regulation relates to employment still have discrimination provision, absence of government technical regulation about disabilities employment, lack of regulation and policy measures to encourage private sectors for hire persons with disabilities.

scholarly journals Influence of COVID-19 Transmission on the Increase or Decline of Government Role from the Perspective of Realists and Liberators

2021 ◽  
Vol 8 (5) ◽  
pp. 1-7
Keyword(s):  
Human Rights ◽  
International Law ◽  
Well Being ◽  
Great Emphasis ◽  
Role Of Government ◽  
Government Role ◽  
Access To Health ◽  
The Right ◽  
Health And Well Being

The right of health is one of the most fundamental human rights, which is emphasized in human rights documents. The spread of the corona virus has posed major challenges to the various dimensions of human rights, the most important of which is the right of being health. There are basically two perspectives about the belief in the role of government and international law in general. The first view is the realists view, who see the behavior of governments based on their benefits the and question the implementation of international law. The second group is the liberals, who place great emphasis on the application of international law. According to the beliefs of this group, governments also generally have certain responsibilities in relation to securing and guaranteeing this right. It is clear that governments cannot fully guarantee the health and well-being of individuals, but governments can provide conditions in which the health of individuals is protected and access to health is possible for individuals. This obligation is driven from the obligations of governments to implement human rights in accordance with international law.

scholarly journals The Roles of Local Government in Preventing Woman Trafficking in Laws No 21 of 2007 Perspective That Concer to Crime of Human Trafficking in District of Bone

2018 ◽  
Vol 6 (10) ◽  
Author(s):  
Nur Paikah
Keyword(s):  
Human Rights ◽  
Local Government ◽  
Human Trafficking ◽  
Human Being ◽  
Role Of Government ◽  
Positive Rights ◽  
Women And Children ◽  
The Government ◽  
The Right

This research aims to analyze the process the role of government of human trafficking. Research was conducted at Bone Regency. Methods used the case study method by using a qualitative approach. The results showed human trafficking is one of the crimes against humanity, because this act has violated human rights, and the majority are victims of women and children. Referring to the Law that, every human being, especially women and children, has the right to live peacefully and properly as they should. Therefore, the right of life of every human being cannot be reduced by anyone and under any circumstances including not allowed to be traded, especially women and children. This is where the role of the government, especially the local government of Bone Regency, seeks to guarantee the protection of positive rights for them for their lives. In this case the local government of Bone Regency provides protection and prevention of human trafficking, especially women and children as a form of respect, recognition and protection of human rights is stated explicitly in Article 58 of Law Number 21 of 2007 concerning Crime of Trafficking in Persons.

scholarly journals Juridical Analysis Of Diffabel Wives In Article 57 Letter (B) Compilation Of Islamic Law

2018 ◽  
Vol 9 (2) ◽  
pp. 111-126
Author(s):  
Amir Fiqih Alqadafi
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Legal Protection ◽  
Human Rights Law ◽  
Women With Disabilities ◽  
Persons With Disabilities ◽  
Library Research ◽  
Disability Claim ◽  
Disability Law ◽  
The Right

One of the strongest reasons for proposing polygamy as contained in article 57 letter b is that teh wife have a body defect (imperfect body) so that the husban can file a divorce and disability claim which is called diffable. There are regulations that regulate the similarity of rights before the law such as human rights, law number 4 of 1997 concerning persons with disabilities, the constitution of the Republik of Indonesia years 1945, law number 19 years 2011 concerning the ratification of disability conventions and law number 18 years 2016 concerning disability. Formulation of the problem is 1) what is the jurdical analysis of legal protection for women with disabilities in article 57 letter b KHI. 2) what is the solution or form of legal protection for women with disabilities in article 57 letter b KHI. Methodes is qualitative descreibed by the statute approach and conceptual aprroach. Type of library research and data collection in documentation and data analysis using content analiysis. Validity of data in credibility and data triangulation. Conclusion, the provisions of article 57 letter b conflict with human rights and disability law there are law number 4 years 1997 concerning persons with disabilities, the Republik Of Indonesia years 1945 artcle 27, law number 19 years 2011 concerning convention on the right of persons with disabilities and law number 8 years 2016 concerning disability and the jugde must tigthen not to grant the husban who wants to be polygamy for the reason of the disability. Keyword : Wives, Diffable, Compilation Of Islamic Law

Private Capital Participation: Choices and Constraints

1992 ◽  
Vol 26 (7-8) ◽  
pp. 1915-1920
Author(s):  
D. Kinnersley
Keyword(s):  
Wastewater Treatment ◽  
Pollution Control ◽  
Private Capital ◽  
Role Of Government ◽  
Policy Choices ◽  
Government Role ◽  
Private Participation ◽  
The Government ◽  
Participation Frameworks

The scope for involving private capital participation in wastewater treatment and pollution control is attracting attention in a number of countries. After noting briefly some influences giving rise to this trend, this paper discusses frameworks in which such participation may be developed. In some aspects, there are choices available and it is essential to shape the private participation appropriately to the community's situation and problems, with due recognition of the hazards also involved. In other aspects, policy choices are more constrained, and there are requirements which it is suggested all private participation frameworks should provide for as clearly as possible. Effective private participation generally depends on re-designing and strengthening the role of government as the scale of its former role is reduced. Getting this re-design of the government role right is at least as important as making appropriate choices for format of private participation.

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”

The Right to Avoid Procreation and the Regulation of Pregnancy

2020 ◽  
Author(s):  
Janne Rothmar Herrmann
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Perspective ◽  
Legal Basis ◽  
Moral Obligations ◽  
Men And Women ◽  
European Consensus ◽  
The Family ◽  
The Right

This chapter discusses the right to avoid procreation and the regulation of pregnancy from a European perspective. The legal basis for a right to avoid procreation can be said to fall within the scope of several provisions of the European Convention on Human Rights (ECHR), an instrument that is binding for all European countries. Here, Article 12 of the ECHR gives men and women of marriageable age the right to marry and found a family in accordance with the national laws governing this right. However, Article 12 protects some elements of the right not to procreate, but for couples only. The lack of common European consensus in this area highlights how matters relating to the right to decide on the number and spacing of children touch on aspects that differ from country to country even in what could appear to be a homogenous region. In fact, the cultural, moral, and historical milieus that surround these rights differ considerably with diverse national perceptions of the role of the family, gender equality, religious and moral obligations, and so on.

scholarly journals What Constitutions Can Do (but Courts Sometimes Don’t): Property, Speech, and the Influence of Constitutional Norms on Private Law

2004 ◽  
Vol 17 (1) ◽  
pp. 61-81 ◽  
Author(s):  
Oliver Gerstenberg
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Freedom Of Expression ◽  
Social Democracy ◽  
Recent Attempt ◽  
Private Law ◽  
Human Rights Norms ◽  
The Right ◽  
Higher Law

In this paper I want to address, against the background of the ECtHR’s recent attempt to resolve the clash between property rights and the right to freedom of expression in its decision in Appleby v. UK, two questions, both of which I take to be related to the overarching theme of “social democracy”. First, there is the problem of the influence of “higher law”-of human rights norms and constitutional norms-on private law norms; second, the question of the role of adjudication in “constitutionalizing” private law, in other words, the question of the “judicial cognizability” of constitutional norms within private law.

El derecho a ser informado como elemento esencial del derecho a la protección de datos. Una visión crítica de la jurisprudencia del Tribunal Constitucional y de su cambio de doctrina en la STC 39/2016

2016 ◽  
pp. 191-216
Author(s):  
Miguel Ángel CABELLOS ESPIÉRREZ
Keyword(s):  
Video Surveillance ◽  
Data Protection ◽  
Case Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Surveillance Systems ◽  
Control Technology ◽  
Specific Regulation ◽  
The Right

LABURPENA: Lan eremuan bideozaintzaren erabilerak ondorio garrantzitsuak dakartza funtsezko eskubideei dagokienez, esate baterako intimitateari eta datu pertsonalen babesari dagokienez. Hala eta guztiz ere, oraindik ez daukagu araudi zehatz eta espezifikorik kontrol-teknika hori lan eremuan erabiltzeari buruz. Horrek behartuta, errealitate horri araudi-esparru anitz eta generikoa aplikatzeko modua auzitegiek zehaztu behar dute, kontuan hartuta, gainera, Espainiako Konstituzioaren 18.4 artikulua alde horretatik lausoa dela. Konstituzio Auzitegiak, datuen babeserako funtsezko eskubidea aztertzean, datuen titularraren adostasuna eta titular horri eman beharreko informazioa eskubide horretan berebizikoak zirela ezarri zuen; hortik ondorioztatzen da titularraren adostasuna eta hari emandako informazioa mugatuz gero behar bezala justifikatu beharko dela. Hala ere, Konstituzio Auzitegiak, duela gutxiko jurisprudentzian, bere doktrina aldatu du. Aldaketa horrek, lan eremuan, argi eta garbi langileak informazioa jasotzeko duen eskubidea debaluatzea dakar, bere datuetatik zein lortzen ari diren jakiteari dagokionez. RESUMEN: La utilización de la videovigilancia en el ámbito laboral posee importantes implicaciones en relación con derechos fundamentales como los relativos a la intimidad y a la protección de datos personales. Pese a ello, carecemos aún de una normativa detallada y específica en relación con el uso de dicha técnica de control en el ámbito laboral, lo que obliga a que sean los tribunales los que vayan concretando la aplicación de un marco normativo plural y genérico a esa realidad, dada además la vaguedad del art. 18.4 CE. El TC, al analizar el derecho fundamental a la protección de datos, había establecido el carácter central en él del consentimiento del titular de los datos y de la información que debe dársele a éste, de donde se sigue que cualquier limitación del papel de ambos deberá estar debidamente justificada. Sin embargo, en su más reciente jurisprudencia el TC ha realizado un cambio de doctrina que supone, en el ámbito laboral, una clara devaluación del derecho a la información por parte del trabajador en relación con qué datos suyos se están obteniendo. ABSTRACT : T he use of video surveillance systems within the work sphere has major implications for fundamental rights such as privacy and data protection. Nonetheless, we still lack of a detailed and specific regulation regarding the use of that control technology within the work sphere, which obliges courts to define the application of a plural and generic normative framework to that issue, given the vagueness of art. 18.4 of the Constitution. The Constitutional Court, when analyzing the fundamental right to data protection, had settled the centralityof the consent of the data rightholder and of the information to be provided to the latter, and from this it followed that any restriction on the role of both rights should be duly justified. However, in its most recent case law the Constitutional Court has changed its doctrine which means, within the work sphere, a clear devaluation of the right of information by the employee regarding the obtained data of him/her.

scholarly journals The Role of Open and Distance Learning in the Implementation of the Right to Education in Zambia

2008 ◽  
Vol 9 (1) ◽  
Author(s):  
Richard Siaciwena ◽  
Foster Lubinda
Keyword(s):  
Human Rights ◽  
Distance Learning ◽  
Right To Education ◽  
Youth Policy ◽  
Child Rights ◽  
Rights Of The Child ◽  
Child Policy ◽  
Open And Distance Learning ◽  
The Right

As a member of the United Nations, Zambia is committed to the observance of human rights enshrined in the Universal Declaration of Human Rights of 1948. This is evidenced, among others, by the fact that Zambia is a signatory to the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Zambia has a permanent Human Rights Commission that includes a subcommittee on child rights whose focus is on child abuse and education. Zambia also has a National Child Policy and National Youth Policy whose main objectives are to holistically address problems affecting children and youth. This paper focuses on the progress and challenges currently facing Zambia and the role of open and distance learning in addressing those challenges.

scholarly journals Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Social Approach ◽  
Persons With Disabilities ◽  
Psychological Barriers ◽  
Contemporary Situation ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

Sign in / Sign up

Export Citation Format

Share Document