scholarly journals Detention of Refugee Children in Malaysia and Thailand

2019 ◽  
Vol 3 (1) ◽  
pp. 59
Author(s):  
Samitra Parthiban ◽  
Khoo Ying Hooi
Keyword(s):  
Human Rights ◽  
Refugee Children ◽  
Refugee Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Governmental Organizations ◽  
Legal Method ◽  
Non Governmental Organizations ◽  
State Actors ◽  
Rights Issues

The refugee issue in Malaysia and Thailand is one of the most protracted human rights issues that both countries face. Regardless of abundant requests and advocacies by non-state actors, both locally and internationally, to persuade the governments of Thailand and Malaysia to provide protection to refugees, the fate of these refugees remain uncertain. One of the key limitations for the human rights protection of the refugees is that both countries did not sign the 1951 Refugee Convention or its 1967 Protocol, moreover, both Thailand and Malaysia do not treat the refugee issue as a domestic problem. This paper examines the detention of refugee children in Malaysia and Thailand with the main intention to advocate for the method of Alternatives to Detention (ATD) as a solution to the shortcomings in a legal method. Based on that, this paper first explores the human rights situation of refugee children in detentions by looking into the current detention practices of both countries. Secondly, this paper examines the strategies and tactics of how the local Non-Governmental Organizations (NGOs) advocate and convince their governments to adopt the approach of ATD.

scholarly journals Incorporation of Human Rights in International Relations

2021 ◽  
Vol 69 (4. ksz.) ◽  
pp. 85-92
Author(s):  
Upal Aditya Oikya
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Major Change ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Human Rights Regime ◽  
Humanitarian Crises ◽  
Universal Human Rights

Human rights have been firmly enmeshed in both studies and practice of international relations. The prevailing theories of international relations describe the function of those rights in substantially dissimilar ways, and it is apparent that their key statements include compelling arguments, suggesting an inconvenient apposition of state sovereignty with ideas of universal moral order. The development of the universal human rights regime of the United Nations (UN), the growth of international non-governmental organizations (NGOs), and, eventually, human rights activists have made it possible for human rights to be more deeply incorporated into state diplomatic activities.  These trends, however, raise critical concerns about the practice of the state of human rights. Although there is some reversal of the norm, however, states continue to face humanitarian crises and show signs of human rights protection domestically and promotion internationally to varying degrees. In the same way, we are also seeing a major change in the principles and procedures of international enforcement of human rights. The goal of this paper is to address briefly certain variables relevant to the incorporation of human rights in international relations.

Non-Governmental Organizations and the ASEAN Charter

2017 ◽  
Author(s):  
Jürgen Rüland
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Regional Integration ◽  
Domestic Politics ◽  
Human Rights Protection ◽  
Market Opening ◽  
Rights Protection ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Government

Non-governmental organizations were the main antipode to the Indonesian government in the ASEAN Charter debate. The chapter shows how NGOs proliferated in Indonesia’s post-1998 democratization and became major actors in the country’s domestic politics, including the debate on Indonesia’s ASEAN policies. The chapter examines how civil society activists localized European concepts of regional integration. NGOs promoted bolder reforms than did the government, focusing on popular empowerment in regional decision making, human rights protection, and social benefits for the less advantaged segments of society. NGOs pleaded for an “alternative regionalism” or “regionalism from below,” which critically evaluated ASEAN’s government-driven market-opening reforms. Even more than the government, NGOs also imported ideas on regionalism not only from Europe, but also from Latin America and Africa. Yet NGOs, too, localized these alien concepts of regionalism with extant ideas on welfare, organicism, anticapitalist traditions, and—to a lesser extent—security.

Evolution of artificial intelligence and its impact on human rights: from sociolegal perspective

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sheshadri Chatterjee ◽  
Sreenivasulu N.S. ◽  
Zahid Hussain
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Government Agencies ◽  
Unique Contribution ◽  
Content Type ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Government ◽  
Unique Study ◽  
Rights Issues

Purpose The applications of artificial intelligence (AI) in different sectors have become agendas for discussions in the highest circle of experts. The applications of AI can help society and can harm society even by jeopardizing human rights. The purpose of this study is to examine the evolution of AI and its impacts on human rights from social and legal perspectives. Design/methodology/approach With the help of studies of literature and different other AI and human rights-related reports, this study has taken an attempt to provide a comprehensive and executable framework to address these challenges contemplated to occur due to the increase in usage of different AI applications in the context of human rights. Findings This study finds out how different AI applications could help society and harm society. It also highlighted different legal issues and associated complexity arising due to the advancement of AI technology. Finally, the study also provided few recommendations to the governments, private enterprises and non-governmental organizations on the usage of different AI applications in their organizations. Research limitations/implications This study mostly deals with the legal, social and business-related issues arising due to the advancement of AI technology. The study does not penetrate the technological aspects and algorithms used in AI applications. Policymakers, government agencies and private entities, as well as practitioners could take the help of the recommendations provided in this study to formulate appropriate regulations to control the usage of AI technology and its applications. Originality/value This study provides a comprehensive view of the emergence of AI technology and its implication on human rights. There are only a few studies that examine AI and related human rights issues from social, legal and business perspectives. Thus, this study is claimed to be a unique study. Also, this study provides valuable inputs to the government agencies, policymakers and practitioners about the need to formulate a comprehensive regulation to control the usage of AI technology which is also another unique contribution of this study.

scholarly journals Disasters and non-state actors – human rights-based approaches

2017 ◽  
Vol 26 (5) ◽  
pp. 526-539 ◽  
Author(s):  
Marlies Hesselman ◽  
Lottie Lane
Keyword(s):  
Human Rights ◽  
Disaster Management ◽  
International Human Rights Law ◽  
Management Activity ◽  
Content Type ◽  
Roles And Responsibilities ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Regulatory Instruments ◽  
State Actors

Purpose The purpose of this paper is to examine the roles and responsibilities of non-state actors (NSAs) in contributing to disaster governance from an international human rights law (IHRL) perspective. In particular, it examines how non-governmental organizations (NGOs) and business enterprises are implicated. Design/methodology/approach The paper analyzes a range of IHRL instruments, particularly treaties and international soft-law documents, and it utilizes the concepts “human rights-based approaches” (HRBAs) and “direct”/“indirect” human rights obligations to frame and understand how IHRL responsibilities for NSAs arise from these instruments. Findings IHRL not only includes relevant standards for NSAs in the area of disaster management, but NGOs and businesses also actively engage with IHRL and HRBAs by means of (soft) self-regulatory instruments to further clarify their responsibilities. Research limitations/implications The findings are of interest to all actors involved in disaster governance, and are instructive for NGOs and businesses seeking to improve the design of disaster management activity. The research addresses only the responsibility of NGOs and private companies, but the framework of analysis set out is equally of interest to other actors’ activities. Originality/value The implications of IHRL for NSAs involved in disaster management are still poorly understood, despite their vast engagement. This study contributes by clarifying the roles and IHRL responsibilities of NGOs and businesses specifically, and articulates how applications of HRBAs may improve the protection of persons.

Book VI Alternative (Including Track 2) Diplomacy, 28 Non-Governmental Organizations (NGOs) and Violent Non-State Actors (VNSAs)

2016 ◽  
Author(s):  
Roberts Ivor
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Single Issue ◽  
Governmental Organizations ◽  
Opposite Pole ◽  
Non Governmental Organizations ◽  
Criminal Organizations ◽  
State Actors

This chapter examines both non-governmental organizations (NGOs) and violent non-state actors (VNSAs). NGOs come in many shapes and sizes. Many have a charitable base and some will have humanitarian or human rights objectives; others focus on sustainable development and aid. Often their concern will be a single issue. Their objectives are focused and invariably single-minded, less able or willing to take into account other aspects. As a result, their relationship with governments, although sometimes harmonious, may be one of tension and occasionally confrontation. VNSAs, meanwhile, represent other categories of non-state actors whose activities are at the opposite pole to those whose benign activity has been described above and where states have lost their monopoly. Their categories number warlords, militias, insurgencies, and criminal organizations, including pirates and people traffickers.

scholarly journals PROTECTION OF HUMAN RIGHTS IN SOUTHEAST ASIA WITH SPECIAL REFERENCE TO THE ROHINGYA IN MYANMAR: A CRITICAL STUDY OF THE EFFECT OF ASEAN’S POLICY AND ACTION ON ASEAN INTERGOVERNMENTAL COMMISSION ON HUMAN RIGHTS (AICHR)

2019 ◽  
Vol 3 (2) ◽  
pp. 161-180
Author(s):  
Rachminawati ◽  
Khairil Azmin Mokhtar
Keyword(s):  
Human Rights ◽  
Critical Study ◽  
South East Asia ◽  
Legal Research ◽  
Member States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Asean Countries ◽  
Rights Issues

AbstractSince its inception over four decades ago ASEAN has always worked towards improving the lives of its citizens. Year 2009 has opened another chapter with the inauguration of AICHR pursuant to Article 14 of the ASEAN Charter at the 15th ASEAN Summit. Since then AICHR has conducted various activities. In the midst of these ‘progress’ the vital question remains unanswered; To what extent AICHR has been successful in protecting human rights of citizens in ASEAN countries? This shall be answered through qualitative legal research. This study serves as an analytical basis to predict the future development of the AICHR as well as human rights protection in South East Asia. Furthermore, it contributes to the reform of both ASEAN and AICHR toward implementation of human rights in the region. This research focuses on human rights issues of the Rohingya in Myanmar whereby ASEAN’s policy and action relating to the issue are examined. The finding shows that the policy and action of ASEAN does not provide much support in protecting the rights of the Rohingya. On the contrary, the policy has hindered the effort of AICHR in protecting human rights. AICHR is considered not independent since it almost completely relies on ASEAN. As therefore, it is recommended that ASEAN and its member states take real and concrete measures to protect human rights. Hence, to achieve AICHR and ASEAN’s objectives, lASEAN and its member states must respect human rights and support AICHR with necessary power and measure. Keywords: AICHR, ASEAN, Human Rights, Myanmar, Rohingya.   Abstrak Sejak kelahirannya empat dekade yang lalu, ASEAN selalu berupaya meningkatkan taraf hidup rakyatnya. Tahun 2009 membuka lembaran baru ASEAN dengan adanya inaugurasi AICHR berdasarkan Pasal 14 dari Piagam ASEAN pada Konferensi Tingkat Tinggi ASEAN ke-15. Semenjak itu, AICHR telah melaksanakan berbagai kegiatan. Dalam perkembangannya, masih terdapat pertanyaan penting yang belum terjawab; sejauh mana keberhasilan AICHR dalam melindungi hak asasi dari warga negara-negara di ASEAN? Untuk menjawabnya, pertanyaan ini akan dijawab melalui penelitian hukum kualitatif. Penelitian ini berfungsi sebagai dasar analisis untuk memprediksi perkembangan AICHR juga perlindungan HAM di ASEAN. Selain itu, penelitian ini diharapkan dapat memberikan berkontribusi terhadap reformasi ASEAN dan juga AICHR dalam perlindungan HAM di ASEAN. Penelitian ini memfokuskan pada isu HAM kelompok Rohingya di Myanmar dengan menelaah kebijakan dan tindakan ASEAN terhadap isu tersebut. Hasil penelitian menunjukkan bahwa kebijakan dan tindakan ASEAN tidak memberikan cukup dukungan dalam perlindungan HAM terhadap Rohingya, namun sebaliknya, kebijakan-kebijakan yang ada telah menghalangi upaya AICHR dalam melindungi HAM. Sehingga AICHR tidak benar-benar independen sebab AICHR bergantung nyaris sepenuhnya pada ASEAN. Oleh karenanya, ASEAN dan negara-negara anggotanya sebaiknya melakukan berbagai upaya yang nyata dan konkret untuk melindungi HAM. Agar AICHR bisa merealisasikan maksud dan tujuannya, ASEAN dan negara-negara anggotanya harus menghormati HAM dan mendukung AICHR melalui berbagai upaya dan kekuatan yang diperlukan. Kata Kunci: AICHR, ASEAN, Hak Asasi Manusia, Myanmar, Rohingya

Fight against terrorism and human rights in Europe

2021 ◽  
Author(s):  
E.V. Skurko
Keyword(s):  
Human Rights ◽  
The United States ◽  
The European Union ◽  
Council Of Europe ◽  
Regional Organizations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Terrorist Acts ◽  
Rights Issues

The article analyzes contemporary problems of the fight against terrorism in Europe in the context of human rights protection. The human rights issues acquired a new dimension after the terrorist attacks of September 11, 2001 in the United States, which fundamentally changed the attitude towards terrorism and the fight against it around the world. Today, the European perspective on the protection of human rights in the context of the fight against terrorism remains within the framework of the UN approaches and is mainly developed in such international regional organizations as the Council of Europe (CoE), the Organization for Security and Cooperation in Europe (OSCE), and the European Union (EU) system. The European states have undertaken to implement all necessary measures to protect human rights and freedoms, including – and especially – against terrorist acts. All measures taken in the fight against terrorism in Europe should be based on the observance of human rights, as well as the rule of law, including elimination of all forms of arbitrariness and discrimination, and be subject to supervisory procedures. The latest counter-terrorism strategies in Europe are based on the principles of inclusiveness and assume that a welcoming society in which the rights of everyone are fully respected is a society where terrorism cannot find a place and take root, and it will be more difficult for potential terrorists to be radicalized and recruited. However, in tactical terms, the emphasis in the fight against terrorism is often made on strengthening control over individuals, which causes concerns of the society and human rights activists. In contemporary conditions, the fight against terrorism requires additional state guarantees, investments in social cohesion, education, and the development of relationships, so that everyone can feel that their personality is respected and that the society fully accepts them.

The UN Human Rights Game and the Arab Region

2016 ◽  
Author(s):  
Fateh Azzam
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Arab Region ◽  
Human Rights Protection ◽  
Rights Protection ◽  
System P ◽  
The World ◽  
International Human ◽  
Outcome Document ◽  
Rights Issues

This chapter examines the role played by the international human rights protection system and its mutual interactions with countries and societies of the Arab region. The United Nations human rights system has grown considerably over the past six decadess, and with it the demands for human rights protection and their respect around the world, including in the Arab region. The revolts that first hit the region in 2011 brought into sharp focus the interdependence of development, democracy, and human rights, first articulated in the outcome document of the World Conference on Human Rights in Vienna in 1993. This chapter first provides an overview of the UN normative framework of human rights before discussing how Arab states engaged with this framework and how the UN bodies and processes have dealt with rights issues in the region. It also reviews Arab civil society's interactions with and usage of the UN human rights system.

scholarly journals Which states parties should be held responsible for the implementation of positive obligations under the ECHR in sports-related disputes?

2021 ◽  
Author(s):  
Tsubasa Shinohara
Keyword(s):  
Human Rights ◽  
European Convention ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
State Party ◽  
Human Right ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Obligations ◽  
State Actors

AbstractIn sports society, awareness of human rights protection has gradually developed and sports governing bodies, such as the International Olympic Committee (IOC) and the Fédération Internationale de la Football Association (FIFA), have striven to commit the implementation of human rights guaranteed by internationally recognised human right treaties in the international community. However, human rights law cannot directly impose any legal obligations on sports governing bodies because they are non-state actors established by domestic private law. In this situation, how can international human rights law apply to the private relationship between non-state actors? According to the European Convention on Human Rights (ECHR), state parties must implement positive obligations to protect individuals against any violations caused by non-state actors within the jurisdiction. To implement the positive obligations under the ECHR, it is necessary to identify which state parties should be held responsible for the implementation in sports-related disputes because, in Mutu and Pechstein v. Switzerland, athletes claimed a violation of the ECHR against Switzerland on the ground that the Court of Arbitration for Sport (CAS) is located in Lausanne, Switzerland. However, it should be considered that Switzerland is not be liable for all violations of the ECHR’s rights caused by another state party. In light of this, the purpose of this article is to identify a hypothetical standard for determining which state parties should be held responsible for implementing the positive obligations under the ECHR.

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