scholarly journals Child-Friendly Cities and Districts As Human Rights Protection in Indonesia’s Decentralization Context

2020 ◽  
Vol 1 (2) ◽  
pp. 163
Author(s):  
Fanny Tanuwijaya ◽  
Fiska Maulidian Nugroho
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Child Protection ◽  
Local Governance ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Child Friendly ◽  
The Government ◽  
The Right

This paper aims to examine the implementation of the Child Friendly Cities and Districts in Indonesia, as part of the decentralized agenda of current Indonesian reform. Child protection has become one of the current problematic issues. This protection includes the effort to guarantee and ensure the right to live, grow, develop, and participate fully in realizing each child's future. The Indonesian government introduces regional child protection, it is Child-Friendly Cities and Districts as a part of the critical address responding to the issue  to the extent the government provide a serious protection for the infant generation. Historically, the United Nations Children's Fund (UNICEF) initiated this concept, whose purpose was to aspire to children's rights through the goals, programs, policies, and local governance structures. To date, there remain many regional governments that do not have regulations on child-friendly cities or districts.  This paper considers Indonesia's regions experiencing in regulating and implementing the child-friendly cities and districts that have become a benchmark for the other regions. In the end, this paper concludes that each region must regulate and implement the child-friendly cities with regional characteristics into a series of regional regulations, particularly preceded by the regional regulation. KEYWORDS: Human Rights, Child Protection, Children Rights, Child-Friendly Cities.

Complexities in Human Rights Protection: Actors and Rights Involved in the Ogoni Conflict in Nigeria

1997 ◽  
Vol 15 (1) ◽  
pp. 47-60 ◽  
Author(s):  
Sigrun I. Skogly
Keyword(s):  
Human Rights ◽  
International Business ◽  
Environmental Issues ◽  
Transnational Corporations ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Environmental Ngos ◽  
The Government

The execution of Ken Saro-Wiwa and the other environmental and human rights activists in Nigeria in November 1995, represented flagrant violations of human rights. What was exceptional about this case was that the uprising, which ultimately lead to the executions, was not primarily aimed at the Government, but rather at one of the large transnational corporations, Shell Oil. The article analyses the composition of the actors and the various human rights involved in this conflict. It argues that the complexity of the conflict is shown through the wide variety of environmental NGOs, human rights NGOs, international business and organisations that were implicated in it. The article points to the interrelatedness of various human rights - and the interlinkedness to environmental issues, claiming that environmental organisations were forced’ to use rights language, while human rights organisations needed to address environmental issues. And ultimately, the business actor has publicly stated intent to observe a human rights accountability.

Securing the right of the child to express views in the process of a case adjudication: international bodies of human rights protection’ approach

2021 ◽  
Vol 7 ◽  
pp. 45-50
Author(s):  
N. V. Kravchuk ◽  
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Judicial Process ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Minor Children ◽  
The Russian Federation ◽  
Child Friendly ◽  
The Right

While considering the case related to the rights and interests of the child the judge can face the situation raising questions about the substance of the right of the child to express views and practical aspects of its realization. Some of these questions, which were not yet clarified by the Supreme Сourt of the Russian Federation, could be considered through the perspective of corresponding international standards. These standards reflect principles of child-friendly justice and cannot be divided into those applied within the sphere of criminal justice and those for civil and family cases. The necessity to secure a possibility for a child to voice his/her views requires certain adaptation of the judicial process for the needs and capacities of the child. «The style» of the process should be changed along with the procedure. Two principles were underlined by the international bodies in this context: active protection of the child by the court and the necessity of a child-sensitive approach. Their application is demonstrated basing on the European Court of human rights’ jurisprudence. While international human rights bodies give considerable weight to the possibility to hear the child directly, they nevertheless accept this is not always for the benefit of the child or justice. This applies not only to minor children but to those older than 10 y. o. as well. In such situations, the court has to seek assistance from a professional qualified to hear the child. However it is the court that bears the responsibility for the judgment even when expert's opinions it received were contradictory or those of low quality.

The Internationalization Of Human Rights And The Importance Of Normative Dialogues Between International And National Courts

2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa
Keyword(s):  
Human Rights ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court ◽  
Differences Of Opinion ◽  
Rights Discourse ◽  
Different Characteristics ◽  
Human Rights Discourse

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.

scholarly journals Skipan talsmanns fyrir börn – grundvöllur ákvörðunar og framkvæmd

2015 ◽  
Vol 11 (2) ◽  
pp. 313-332
Author(s):  
Hrefna Friðriksdóttir ◽  
Hafdís Gísladóttir
Keyword(s):  
United Nations ◽  
Child Protection ◽  
Justice System ◽  
Democratic Society ◽  
Rights Of The Child ◽  
The Status ◽  
United Nations Convention ◽  
Child Friendly ◽  
The Right ◽  
International Instruments

In recent years there has been a growing interest in the rights of children in various justice systems. The interpretation of international instruments, such as the United Nations Convention on the Rights of the Child legalized in Iceland as law 19/2013, places a strong emphasis on strengthening the status of the child. The concept of child-friendly justice has emerged reflecting a vision of a justice system that has adapted to the interests and needs of children. A key element is ensuring the right of the child to participate, building on the notion that participation actively promotes their citizenship in a democratic society. The complexity of child protection cases makes it imperative to ensure that children get the assistance they need to communicate and be able to influence procedures. This article discusses the development of provisions in child protection laws on the appointment of spokespersons for children and represents the findings of a study done on such appointments with various child protection committees. The main results of this research indicate that the development of the law has been positive. The enforcement does not however reflect these develpments and there is a lack of formality, assessment and satisfactory argumentation.

Context

2016 ◽  
Author(s):  
Necati Polat
Keyword(s):  
Human Rights ◽  
Regime Change ◽  
Protection System ◽  
Old Regime ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Government ◽  
Full Swing ◽  
Desperate Attempt

The overall domestic context following the full defeat of the old regime in Turkey, and the main contours of the Islamist (‘Islamo-nationalist’, Millî Görüş) populism now in full swing, are described in this chapter. The discussion looks into the mood in the pro-government circles, with some emphasis on the Islamist speculations on democracy—terrifying to the secular masses—and the effective rule by policy, rather than law, enabled by the growing cult of Erdogan. This chapter also describes the spectacular fall out between the government and the former allies, who strongly shared in the power through the new bureaucracy, the Gulen cult. One centrifugal factor detected in portraying the setting is the formal commitment to the human rights protection system in Europe, which, paradoxically, acquired greater intensity during the regime change in a desperate attempt on the part of the government to by-pass the former centres of power.

3. The United Nations

2019 ◽  
pp. 29-55
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Vulnerable Groups ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The United Nations ◽  
Nuremberg Trials ◽  
Early Influences

This chapter examines the work of the United Nations (UN) in the area of human rights. It discusses the evolution of human rights under the auspices of the UN as well as some of the early influences on human rights. The influence of the Nuremberg trials, the abolition of slavery, and the protection of vulnerable groups on the development of human rights protection law is discussed. Relevant institutions and bodies working under the auspices of the United Nations are discussed. The chapter also explains the functions and responsibilities of these bodies, and highlights the financial and personnel constraints that negatively affect the performance of their duties.

scholarly journals State Capture through Corruption: Can Human Rights Help?

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 331-335
Author(s):  
Jimena Reyes
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
United Nations ◽  
Human Rights Violations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Regional Systems ◽  
State Capture ◽  
The United Nations ◽  
Negative Impacts

Until recently, the United Nations and regional systems of human rights protection had shown considerable reluctance to address human rights violations resulting from corruption. Instead, these actors would underline the negative impacts of corruption on human rights without identifying corruption itself as a violation of human rights. Since 2017, however, this has begun to shift. The UN, regional human rights institutions, and civil society have begun to devise concrete ways for human rights institutions and instruments to better contribute to the fight against corruption. The Inter-American Court of Human Rights (“the Court”), in particular, has taken preliminary steps to establish a legal link between corruption and human rights violations.

Implementing Decisions of International Human Rights Institutions – Evidence from the United Nations Human Rights Committee

2019 ◽  
Vol 30 (3) ◽  
pp. 753-777
Author(s):  
Vera Shikhelman
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
The State ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Human ◽  
The United Nations ◽  
Internal Capacity

Abstract In recent years, there has been an increasing amount of research about the implementation of international law. However, there has been almost no empirical research about implementing decisions of international human rights institutions. The decisions of those institutions are usually regarded as soft law, and states do not have a clear legal obligation to implement them. In this article, I bring original empirical data about how and when states implement decisions of the United Nations Human Rights Committee (HRC) in individual communications. I hypothesize that the following factors influence the readiness of states to implement the views of the HRC: (i) the level of democracy and human rights protection in the state; (ii) internal capacity; (iii) strength of civil society; (iv) type of remedy; (v) representation on the HRC; (6) subject matter of the communication. I find that the most important factor for implementing remedies granted by the Committee is the high human rights score of the state. The internal capacity of the state is also significant but to a lesser extent than found in previous studies. Also, I find a certain connection between the state being represented on the HRC and its willingness to implement the remedies.

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