scholarly journals Legal Aspects of the Right to Nationality Pursuant to Myanmar Citizenship Law

2019 ◽  
Vol 3 (2) ◽  
pp. 277 ◽  
Author(s):  
Su Yin Htun
Keyword(s):  
Human Rights ◽  
Legal Aspects ◽  
International Standards ◽  
Legal Analysis ◽  
Human Rights Abuses ◽  
Communal Violence ◽  
Legal Reforms ◽  
The Law ◽  
The Government ◽  
The Right

It is universally accepted that everyone has the right to citizenship. Myanmar’s framework on the right to nationality constitutes a unique, exclusive, ethnic citizenship system based on jus sanguinis or the law of blood. Myanmar’s Citizenship Law was enacted in 1982 by repealing the Union Citizenship Act of 1948. As citizenship parameters were changed by the Law, many people in the Kachin, Karen, and Rakhine states lost their nationality rights and consequently suffered human rights abuses. In the Rakhine state, serious communal violence occurred in 2012, 2016, and 2017, and the government declared a state of emergency. This research paper focuses on how Myanmar can adhere to international standards for nationality rights. It provides a historical overview and legal analysis of citizenship laws in Myanmar using a human rights lens and offers suggestions for legal reforms that can help address the problem of statelessness in Myanmar. Specifically, it recommends the use of the jus soli, or the law of the soil, approach to citizenship.

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.

scholarly journals Ensuring a Balance Between Public and Private Interests in the Implementation of Quarantine Measures

2020 ◽  
Vol 9 (2) ◽  
pp. 317-340
Author(s):  
Yaroslav Lazur ◽  
Tetyana Karabin ◽  
Oleksander Martyniuk ◽  
Oleksandr Bukhanevych ◽  
Oksana Kanienberh-Sandul
Keyword(s):  
Human Rights ◽  
Common Good ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Interests ◽  
Fiscal Stimulus ◽  
Private Interests ◽  
Private And Public ◽  
The Government ◽  
The Right

Under the influence of the spread of coronavirus infection, the world community has faced difficult challenges that provoke changes in the seemingly already stabilized legal regulation, putting at risk the settlement of human rights and the common good. The study aims to find effective mechanisms for balancing human rights and public interests in the context of their legal regulation. Specifically, this study is focused on the mechanisms of balancing private and public interests in the implementation of quarantine measures in the Covid-19 pandemic. The research methods were both general scientific and special methods, in particular: formal legal, historical and legal, analysis and synthesis. To perform the tasks of the work, the following structure was used: after some initial precisions, there are provided some considerations about the fiscal stimulus measures and about the exercise of the right of derogation; then, the study deals with the problem of lawmaking in a pandemic; and finally it is considered the threats to intellectual property in the sphere of healthcare. The results of the work show that the pandemic has seriously hit the balance between private and public interests. The public interests of the government and society have become a priority, but in many cases, the measures that infringe private interests are disproportionate, untimely and inefficient.

Human Rights at the Time of Transition: How Security Forces Can be Held Accountable in a Divided Community?

2020 ◽  
Vol 25 (2) ◽  
pp. 171-207
Author(s):  
Mutaz M Qafisheh
Keyword(s):  
Human Rights ◽  
Relevant Literature ◽  
Use Of Force ◽  
Field Research ◽  
International Standards ◽  
Research Approach ◽  
Palestinian Authority ◽  
Security Forces ◽  
Human Rights Abuses ◽  
The Government

Abstract The Palestinian Authority has established various mechanisms to monitor its security forces and hold them accountable over human rights violations. This article explores and assesses the accountability measures that deal with the human rights abuses arising from the excessive use of force in light of international standards, particularly human rights treaties that Palestine has acceded to in recent years. The use of force may occur in different contexts, including during demonstrations, while enforcing the law against criminal acts, searches, lawlessness, in detention, interrogation, investigation and in prisons. The article traces the accountability processes that arise in such circumstances. Alongside reviewing domestic legislation and cases as well as citing relevant literature, the article employs empirical qualitative field research approach by conducting a series of interviews with senior security officials, particularly top commanders and those in charge of accountability within the government and security agencies along with NGOs, experts, academics and field-based international institutions.

scholarly journals Intelligence bodies of the state in the mechanism of ensuring the constitutional rights and freedoms of man and citizen: international standards and legislation

2020 ◽  
pp. 6-18
Author(s):  
Yuriy Voloshyn ◽  
Vladimir Proschayev
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Constitutional Rights ◽  
Full Member ◽  
Legal Provisions ◽  
Intelligence Agencies ◽  
The Law ◽  
The Right

The place and role of state intelligence bodies in the mechanism of ensuring constitutional rights and freedoms of man and citizen according to international standards and in the light of the newly adopted Laws of Ukraine «On the Foreign Intelligence Service of Ukraine» and «On Intelligence» are studied. It is proved that in Ukraine, as in other post-Soviet states that did not have intelligence legislation, but began to create it after the declaration of independence, the process of constitutional and legal regulation of intelligence agencies consisted of four stages (transitional, initial, basic and modern). Describing each stage, the authors stressed that the Ukrainian legislator is now in the fourth stage, which is characterized by the improvement of already adopted legislation on intelligence activities or the adoption of completely new laws based on new versions or amendments to constitutions (basic laws). It is emphasized that Ukraine has been one of the first states in the territory of the former USSR to adopt the fourth (modern) stage since the adoption of new legislative acts on the activities of intelligence agencies. Undoubtedly, the impetus for this was the amendment of the Constitution of Ukraine on the strategic course of the state to become a full member of Ukraine in the European Union and the North Atlantic Treaty Organization, which radically changed the direction and direction of intelligence use of available forces and means. It is noted that the newly adopted legislation was developed not out of thin air, but based on a set of already adopted regulations that fully reflect the complex threatening situation around Ukraine and clearly indicate the place of intelligence agencies in a single system of national security. It was necessary to summarize all the adopted preliminary normative material and summarize it in new legislative acts, which would in a new way regulate all issues of intelligence functioning in modern difficult conditions. The main positive points in the newly adopted laws are identified, namely: 1) granting categories that were previously used only in the theory of intelligence, the status of legal categories, which indicates the beginning of the process of forming a completely new set of special legal terms; 2) inclusion in the text of a separate article on the observance of human rights and freedoms in the conduct of intelligence activities; 3) inclusion in the Law of Ukraine «On Intelligence» of a separate section on the peculiarities of democratic civilian control over intelligence; 4) granting the right to intelligence agencies to conduct intelligence affairs. It is proposed to consider in the Ukrainian legislation some legal provisions of the legislation of European countries regarding parliamentary control, which, according to the authors, will significantly increase the effectiveness of control. It is substantiated that the Law of Ukraine «On Intelligence» should contain: - a list of principles of intelligence activities must be defined; - the obligation of the authorized judge of the court to draw up a decision on the refusal to grant permission to conduct an intelligence event is more correctly formulated; - the right of intelligence agencies to provide training, retraining and advanced training of persons involved in confidential cooperation, in the manner prescribed by law for intelligence officers, is more clearly defined. It is concluded that the newly adopted laws provide comprehensive guarantees of compliance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and fully reflect the needs of intelligence agencies in the legal regulation of their activities in modern conditions.

scholarly journals A Consistent Inconsistency—An Interpretationof Sections 23 and 56(1) of the Charter of Human Rights and Freedoms of Québec

2016 ◽  
Vol 28 (3) ◽  
pp. 379-403
Author(s):  
Barbara Pierre
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Attorney General ◽  
Supreme Court Decision ◽  
The State ◽  
Fundamental Rights ◽  
The Law ◽  
The Difference ◽  
The Government ◽  
The Right

The writer advocates the view that courts interpret statutes so as to achieve their aim; that being justice in the case: as between the parties and in respect of the law. This is identified as the common thread that explains the apparent erratic behaviour of the courts in their use of the various methods or rules of interpretation. The Supreme Court decision, Attorney General of Québec v. 2747-3174 Québec Inc., is analysed against the background of this theory and is seen to give support to it. The court is shown to use various rules of interpretation, which lead the majority to a wide, and the minority to a narrow, interpretation of the Charter of Human Rights and Freedoms of Québec. Yet it is clear that in both cases the rules are merely a means to an end: justice as between the parties and in respect of the law. In context of the case, this means establishing a balance between the competing interests of the State and the citizen that conforms to the law relating to fundamental rights and in particular, the Charter of Human Rights and Freedoms of Québec. As far as the State is concerned, it has a vested interest in confirming the constitutionality of its many administrative tribunals, which play an essential role in enabling the State to discharge its responsibility to govern. Citizens, on the other hand, need to be protected from the violation of their rights, in particular the right to an independent and impartial tribunal in matters relating to the determination of their rights and obligations, or charges brought against them. The Charter must be interpreted so that, in its scope and content, it gives real protection, but, consistent with the separation of powers doctrine, the interpretation must not amount to a usurpation by the courts of the role of the government to govern. The writer concludes that the opposing conclusions of the majority and minority are more a consequence of the difference in the opinion of the judges as to the manner in which the balance should be struck, as opposed to the rules of interpretation used by them.

scholarly journals Implementation of the Death Penalty in the Perspective of Human Rights in Indonesia

2016 ◽  
Vol 2 (3) ◽  
pp. 385
Author(s):  
La Sina
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Criminal Code ◽  
Life Imprisonment ◽  
Indonesian Government ◽  
Legal Provisions ◽  
Death Sentences ◽  
The Law ◽  
The Government ◽  
The Right

The 1945 Constitution of Indonesia provides for rights to life and to remain free from torture that are fundamental human rights that shall not be curtailed under any circumstance. Since 1945, Indonesia does not regulate the protection of the right of life to the citizens. Until 1946, enacted Law No. 1 of 1946 concerning the Indonesian Criminal Code which in several provisions concerning the death penalty. Death sentences and executions in Indonesia is always debatable. However, it is still implemented and can not be avoided, unless the change of its legal provisions. This study was a normative research or doctrinal research. The results of the study shows that the provisions of death penalty in Indonesia is still enforced because have been regulated in the Criminal Code and several organic laws such as the law of terrorism, narcotics, corruption, and human rights justice. The death penalty is contrary to Article 28I of the 1945 Constitution. It has set the rights to life, so that no one may violate human rights, including the government and the country is not granted the right to revoke rights for every citizen. The Indonesian government should not impose the death penalty contained in the draft new Code, and abolish the death penalty in its organic law that had been imposed on the offenders. Preferably, the death penalty may be replaced by alternative punishment with life imprisonment, a prison within a specified time or according to the judge’s decision.

scholarly journals THE ELUSIVE RIGHT TO TRUTH IN TRANSITIONAL HUMAN RIGHTS JURISPRUDENCE

2017 ◽  
Vol 67 (2) ◽  
pp. 353-387
Author(s):  
James A Sweeney
Keyword(s):  
Human Rights ◽  
Political Transition ◽  
Legal Analysis ◽  
Human Rights Abuses ◽  
European Court ◽  
Human Rights Treaties ◽  
Legal Duty ◽  
The Right ◽  
The Way

AbstractThis article undertakes a comparative legal analysis of the scope of an emerging legal duty to find the truth about historical human rights abuses after periods of political transition. There is substantial inconsistency between human rights regimes on how they establish temporal jurisdiction in their transitional jurisprudence, which has not yet been systematically investigated. This contribution fills the gap in the literature by identifying and critiquing the way in which the right to truth in times of transition is both expressly and implicitly vindicated in the decisions of the Human Rights Committee, and the regional jurisprudence of the Inter-American Court of Human Rights and European Court of Human Rights (the conclusion also addresses the less voluminous African regional jurisprudence). It is argued that the ‘underlying values’ of human rights treaties can provide a foundation for a powerful but finite right to truth.

scholarly journals A Human Rights Approach to Access to Land and Land Dispossession: An Examination of Ethiopian Laws and Practices

2016 ◽  
Vol 9 (2) ◽  
pp. 100-123 ◽  
Author(s):  
Demelash Shiferaw Reta
Keyword(s):  
Human Rights ◽  
Land Tenure ◽  
Rural Areas ◽  
Secondary Data ◽  
International Human Rights Law ◽  
Legal Analysis ◽  
The People ◽  
The Government ◽  
Increasing Demand ◽  
The Right

For many people, access to land is necessary to realizing human rights. Although not clearly recognized in international human rights law, the right to land might be inferred from many of its provisions. In the Ethiopian context, the Constitution guarantees access to land. However, this right is being eroded because of the government’s measures to satisfy the ever-increasing demand for land through expropriation and the allocation of ‘vacant’ land. This article argues the former gives the government extensive power while the latter neglects traditional communal landholding system. This desk research based on literature review, legal analysis and secondary data, demonstrates how the government’s actions are impinging on the human rights of the people in the rural areas and recommends reform in the land-tenure system as well as the harmonization of the subsidiary expropriation laws through the Constitution.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Sign in / Sign up

Export Citation Format

Share Document