scholarly journals DAMPAK DARI PENETAPAN UU NOMOR 26 TAHUN 2000 TERHADAP KEJAHATAN KEMANUSIAAN DAN GENOSIDA DI INDONESIA

2016 ◽  
Vol 15 (2) ◽  
Author(s):  
ANWAR HAFIDZI
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Ad Hoc ◽  
Human Rights Violations ◽  
Human Being ◽  
Large Numbers ◽  
Take Back ◽  
The Right ◽  
The Impact

Until now several media in Indonesia is still preaching about violence in the name of religion, the burning of places of worship, Lapindo victims are still homeless, and many more events that involve the community in large numbers. Every human being has the right to live, but whether the appropriate law enforcement or still need improvement. This brief article will look at the impact of Law Number 26 on 2000 regarding Human Rights Court and its relevance to law enforcement. With the enactment of this Act, at least provides an opportunity to take back the cases of gross human rights violations that had occurred before the article appeared 43,44,46 of the Ad-hoc human rights court. Of course in the end, it is required for the support of law enforcement of?cials, political in?uence and a role of the community to criminalize of human rights although it is still the absence of explicit provisions in its implementation.

scholarly journals The Protection of the Rights to Life and Health in Emergencies: An Examination of the Handling of Covid-19 Pandemic in Nigeria

2021 ◽  
Vol 8 (2) ◽  
pp. 259-279
Author(s):  
BONTUR LUGARD Sunday
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Law Enforcement ◽  
Video Camera ◽  
Law Enforcement Agencies ◽  
Continuous Training ◽  
Moral Duties ◽  
Entire Society ◽  
The Right ◽  
The Impact

The Coronavirus Disease (COVID-19) is inarguably the most disrupting occurrence in human affairs since the World War II. This virus left governments, communities and systems with the legal, social and moral duties to protect from its impacts. However, some of the approaches adopted towards protecting the victims, potential victims, and the entire society, especially in Nigeria, caused more harm than the disease itself. This work reviews the impact of the curtailment measures adopted by governments in Nigeria and their adverse bearing on human rights, especially the right to life as a sacrosanct and universal right. It further examines how law enforcement agencies’ operations - within the confines of the institutional and international best practices - their non-adherence to the rules of engagement or principles of ethical operations have resulted in the violation of human rights, rather than protecting them. It also analyses the impact of the virus on the right to health and access to medical facilities in times of emergencies in Nigeria and concludes that both rights were either violated or not realized within the context of the ‘war’ against the COVID-19 pandemic. This work advocates for the continuous training on human rights responsibilities of law enforcement agents, a more rigorous recruitment process with a minimum qualification from school certificate to ordinary national diploma, the use of video camera in the course of operations, among others that would help safeguard the rights of citizens in times of emergencies like the COVID-19.

s.Two Implementation and Accountability, 8 Justiciability of Human Rights for Health

2020 ◽  
Author(s):  
Flood Colleen M ◽  
Thomas Bryan
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Health And Human Rights ◽  
Proper Role ◽  
Health Related ◽  
State Obligations ◽  
The Right ◽  
The Impact

This chapter examines both the power and limitations of litigation as a means of facilitating accountability for the advancement of public health. While almost half of the world’s constitutions now contain a justiciable right to health, the impact of litigation has been mixed. Judicial accountability has, in some cases, advanced state obligations to realize the highest attainable standard of health, but in other cases, litigation has threatened the solidarity undergirding public health systems. There is significant country-to-country variation in interpreting health-related human rights, as well as differing views of the proper role of courts in interpreting and enforcing these rights. Surveying regional human rights systems and national judicial efforts to address health and human rights, it is necessary to analyze how courts have approached—and how they should approach—litigation of the right to health and health-related human rights to improve health for all.

The right to healthcare

2020 ◽  
pp. 195-208
Author(s):  
Ann Marie Gray
Keyword(s):  
Human Rights ◽  
Social Care ◽  
Health And Social Care ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Right ◽  
The Impact ◽  
The Relationship

This chapter explores the relationship between human rights and health and social care. It begins by setting out the main international mechanisms, at UN, EU and ECHR levels, and the obligations they place on governments. It then discusses the impact of international and domestic human rights instruments through an examination of developments in social care policy, and with regard to reproductive health care rights in Northern Ireland. It also highlights issues relating to devolution and the implementation of human rights in the UK and in particular the role of the Human Rights Act (1998).

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 BANTUAN HUKUM YANG IDEAL BAGI MASYARAKAT TIDAK MAMPU

2018 ◽  
Vol 10 (1) ◽  
pp. 11
Author(s):  
DADANG SUPRIYATNA
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Research Method ◽  
Social Aspects ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Status ◽  
Important Position ◽  
The Right

This study analyzes the importance of the position of advocates in the legal system in Indonesia. Advocates have a very important role in law enforcement. The defense for all people, including the community, is a manifestation of an advocate’s respect for the principle of equality before the law as well as the realization of the rights of all people, namely the right to be accompanied by an advocate. The purpose of the research is to (1) find out the position and role of advocates in the implementation of human rights in Indonesia, (2) Analyze the barriers of advocates in realizing their position and role. The research method used is qualitative and normative juridical ap- proach, namely law is conceived as a norm, rule, principle or dogmas / juris- prudence. The normative juridical research phase uses literature studies. The results of the study indicate that Advocates have a very important position and role as one of the elements of the Preacher’s Legal Chess, because of the status of free and independent advocates guaranteed by law and regulation, For the sake of legal interests and demands for professions that have social aspects, every the person involved in the case has the right and guaranteed access to legal assistance. Other results indicate factors that prevent advocates from realizing their position and role related to the normative level, namely the absence of specific legal aid arrangements that regulate the entire scope of the provision of legal assistance.

APPLICATION OF FIREARMS AS ONE OF THE MEANS OF COORDINATION BY THE STATE WITHIN THE COMPETENCE OF EMPLOYEES OF INTERNAL AFFAIRS

2021 ◽  
Author(s):  
Vladymyrov M. ◽  
Paliukh V.
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Social Groups ◽  
Law Enforcement Officers ◽  
The State ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Right ◽  
The Impact

The article considers the main competencies of law enforcement officers who have the right to use firearms, as a force representing the state to maintain law and order, and prevent violations of human rights and security, which allows to determine the levels of possible use of firearms as a form of coercion and influence on civil society, as well as to identify its subjects and objects - to identify all participants in such a process, and the impact on large social groups in order to comply with the rule of law in society.

scholarly journals Theoretical aspects of the European Court of human rights interpretation of the right to life in the context of law enforcement

2019 ◽  
Vol 7 (3) ◽  
pp. 36-40
Author(s):  
Valeriy Konnov
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Social Consequences ◽  
Right To Life ◽  
Law Enforcement Agencies ◽  
European Court ◽  
Legal Nature ◽  
Law Enforcement Officials ◽  
The Right

The article consider analyses some legal positions of the European Court of Human Rights which connected with the actions of law enforcement officials resulted with the death of suspects during detention. The author made the conclusion that a global understanding by the ECHR of the right to life doesn’t pay attention to the objective legal nature of criminal threats. The ECHR provides the idea that law enforcement agencies play the role of defender of society, but they don’t work as a power tool designed to protect specific actions that could entail social consequences.

scholarly journals Rola polskiego parlamentu w systemie organów wdrażających wyroki Europejskiego Trybunału Praw Człowieka

2020 ◽  
Vol 5(160) ◽  
pp. 9-34
Author(s):  
Katarzyna Grzelak-Bach ◽  
Karol Karski
Keyword(s):  
Human Rights ◽  
Ad Hoc ◽  
Legislative Process ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Republic ◽  
Council Of Ministers ◽  
The Impact ◽  
Law Making

The study presents selected issues related to the role of the national parliament in the implementation and execution of judgments of the European Court of Human Rights (ECHR). It presents the specificity of the national law-making process as a system of ad hoc legislation, which to a small extent is a response to international obligations in the field of human rights.The study also attempts to examine the impact of the case law of the ECHR on the national legal system by analyzing the subsequent stages of the legislative process. It emphasizes the role of the Committee of Ministers of the Council of Europe, whose task is to ensure that states do not overlook — by their actions or omissions — the effects of judgments. The study attempts to assess the degree of sensitisation and the increase of awareness regarding the significance of the standards of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) in the national institutions and executive and legislative authorities that actively cooperate with each other. The implementation of the guidelines of correct legislation in the context of human rights is an activity of entities involved in the law-making process which, taking into account the standards of national and international law, shape in a specific manner the situation of individuals as well as of all entities. Parliaments can hold the executive authorities accountable for the execution of obligations by means of various instruments, and thus many legal issues that were the subject of the judgments of the ECHR had significant impact on the legislative process and the undertaking of respective legislative actions towards bringing Polish legislation closer to the standards of the Convention. The Sejm (the Polish Lower House) and the Senate bear enormous responsibility for the quality of the adopted law; at the parliamentary stage the role of the Council of Ministers of the Republic of Poland becomes less leading, but not excluded. This is what determines the unique role of the dialogue between the executive and legislative authorities, which should finalize the vision of the legal regulations closer to human rights in a constructive manner.

Human rights oversight of correctional institutions in Australia

2020 ◽  
pp. 147737082095823
Author(s):  
Bronwyn Naylor
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
Correctional Institutions ◽  
International Human Rights ◽  
Optional Protocol ◽  
Australian Context ◽  
Convention Against Torture ◽  
International Human ◽  
The Impact

Australia has recently ratified the Optional Protocol to the Convention against Torture (OPCAT) in order to improve the oversight of Australia’s prisons and detention centres, following major human rights violations exposed in them in 2016. Ratification offers an opportunity to appraise the effectiveness of monitoring and oversight in Australia, and the limitations of human rights protections in the Australian context. Australia’s prisons and youth detention centres are to be monitored by a network of independent inspecting bodies, which are likely to include existing Ombudsman and human rights bodies. The Office of the Commonwealth Ombudsman has the task of coordinating the new inspection bodies. This article reviews the existing protections of rights in Australia and considers the implications of ratification of OPCAT. The article concludes that implementation will require consideration of the effectiveness of the current bodies monitoring prisons and youth detention and their capacity to take on the role of preventing human rights violations, including their independence from government, as the states and territories decide on the establishment of their National Preventive Mechanisms. Implementation will also require an understanding of Australia’s historical ambivalence towards international human rights engagement and the impact of its federated system.

scholarly journals The Role of the European Court of Justice in the Protection of Human Rights and Freedoms

2019 ◽  
Vol 9 (3) ◽  
pp. 73-76
Author(s):  
I. S. Iksanov
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
European Court Of Justice ◽  
The European Union ◽  
Historical Aspect ◽  
Court Of Justice ◽  
European Court ◽  
Union Citizenship ◽  
The Right

The article discusses the role of the European Court of Justice, the specifics of its activities, and its goals. The author also touches upon the historical aspect of the development of the European Court. According to the author, the European Court of Justice has had a beneficial effect on the development of the rights granted by Union citizenship. The actions of the European Court of Justice have created new ground for persons with Union citizenship, increasing access to social benefits beyond the rights of economic migrants, for all those who exercise their European rights. The European Court of Justice sought to allow students to travel for their education, looking for new ways to ensure their free movement and learning with funding in the event of unforeseen events. It is essential that the court focuses on three core values so that citizenship does not become a limitation: nondiscrimination, the right to freedom of movement and the right to family life. The European court of human rights is an international judicial body; its jurisdiction extends to all member States of the Union. The main thing for the European Court of Justice is to ensure compliance with and enforcement of the Convention by the States parties. Also, when considering cases, the Court can point to gaps in legislation and issues concerning law enforcement practice, positively influencing law enforcement policy and legal proceedings, and, as a result, contribute to the improvement of the law enforcement system. This article reflects the activities of the European Court of Justice aimed at identifying the problematic aspects of the legislation of the European Union.

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