scholarly journals RATIFIKASI KONVENSI TENTANG HAK-HAK ANAK DALAM SISTEM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA

Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 167
Author(s):  
Zendy Wulan Ayu Widhi Prameswari
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
The Other ◽  
International Human Rights ◽  
Legal Instrument ◽  
Rights Of The Child ◽  
Presidential Decree ◽  
Legal Position ◽  
International Human ◽  
Laws And Regulations

The Convention on the Rights of the Child (CRC) is the most comprehensive human rights treaty and legal instrument for the promotion and protection of children’s rights. Unfortunately, while the other international human rights instruments ratified by Indonesia through an Act; CRC is the only international human rights instrument which ratified by Indonesia through a Presidential Decree. The CRC ratified by Indonesia through Presidential Decree Number 36 Year 1990. The use of a Presidential Decree as the instrument to ratify the CRC has delivered some critiques. This research examines the powers of the president on the formulation of the presidential decree on the ratification of the international legal instrument. In the second case, it analyses the position of the Presidential Decree Number 36 Year 1990 in the systems of laws and regulations in Indonesia. The findings of this study indicate that Indonesia has to consider the possibility of strengthening the instrument of ratification of the CRC from a Presidential Decree to an Act since in terms of its legal position, a Presidential Decree is not an appropriate instrument as the instrument of ratification of a treaty which subject matter involves human rights.

The Holy See and Children’s Rights: International Human Rights Law and Its Ghosts

2015 ◽  
Vol 84 (1) ◽  
pp. 59-88
Author(s):  
Ntina Tzouvala
Keyword(s):  
Human Rights ◽  
Child Abuse ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Legal Subject ◽  
Holy See ◽  
Rights Of The Child ◽  
Vatican City ◽  
International Human

The revelation of a series of child abuse incidents committed by Catholic priests and other members of religious orders has given rise to the question of establishing the responsibility of the Holy See for these acts under international human rights law. This article focuses on the report issued in 2014 by the Committee on the Rights of the Child, the monitoring body of the Convention of the Rights of the Child (crc). It is argued that in order to fulfil this task we need to take three steps: first, to establish the relationship between the Vatican City state and the Hole See, a distinct and peculiar international legal subject. To do so, a historical account of the Holy See and its position within the fabric of international law is considered necessary. Secondly, this article argues that the crc was ratified by the Holy See both in its capacity as the government of the Vatican City and as a non-territorial legal subject. Hence, the application of the crc is not confined within the limited territory of the Vatican City, but ‘follows’ the authority of the Holy See irrespective of state borders. Thirdly, it is argued that the vertical, hierarchical structure of the Holy See is homologous to that of the modern state and, therefore, attribution rules can be applied by analogy in this case. The final conclusion is that it is possible to hold the Holy See responsible under the crc for acts of child abuse that occurred under its authority around the globe.

Right to Education in Mother Language

2021 ◽  
pp. 223-241
Author(s):  
Nima Norouzi ◽  
Hussein Movahedian
Keyword(s):  
Human Rights ◽  
Mother Tongue ◽  
The Other ◽  
Right To Education ◽  
International Human Rights ◽  
Linguistic Rights ◽  
Government Institutions ◽  
International Human ◽  
The One ◽  
The Right

The right to use one's mother language is affected by examining the nature of this right in the international human rights system. Speaking of linguistic rights requires examining this right in the context of general human rights and the rights of minorities. On the one hand, the right to use one's mother tongue is rooted in the “right to be different,” which itself is inspired by human dignity, and, on the other hand, because the linguistic rights of the majority are better guaranteed than the linguistic rights of the minority. This chapter examines the right to use one's mother tongue in the minority system; therefore, language rights can be divided into two approaches based on tolerance, which prohibits any interference with the choice of language and its use by governments, as well as an extension-based approach that seeks to protect the right to use language in various fields such as education, court, public arena, and government institutions.

Strengthening the Monitoring of and Compliance with the Rights of the African Child

2015 ◽  
Vol 23 (2) ◽  
pp. 365-390
Author(s):  
Robert Johnson
Keyword(s):  
Human Rights ◽  
Cultural Practices ◽  
Best Interests ◽  
African Child ◽  
International Human Rights ◽  
Rights Of The Child ◽  
International Human ◽  
African Charter ◽  
Human Rights Standards ◽  
Monitoring Practice

The African Charter on the Rights and Welfare of the Child is a progressive human rights instrument by international human rights standards. The provisions of theunConvention on the Rights of the Child and the African Charter are contrasted, noting stronger African provisions for the child’s ‘best interests’, stronger safeguards in areas of traditional or ‘cultural’ practices, and provisions concerning the ‘duties’ of the child and its implications for the child’s empowerment. Additionally, the African oversighting Committee holds stronger mandates than exist for theunCommittee on the Rights of the Child. However, reporting and monitoring practice by states parties and the oversight mechanism fall well short of such obligations and mandates. The paper proposes a range of measures to better ensure the rights of the African child, and their importance for the rights of all children and in advancing the international human rights treaty system.

scholarly journals Ethiopia before the United Nations Treaty Monitoring Bodies

Afrika Focus ◽  
2007 ◽  
Vol 20 (1-2) ◽  
Author(s):  
Eva Brems
Keyword(s):  
Human Rights ◽  
United Nations ◽  
The State ◽  
International Human Rights ◽  
International Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Rights Of The Child ◽  
International Human ◽  
The United Nations

Among the many human rights conventions adopted by the UN, seven are known — together with their additional protocols — as the core international human rights instruments: - The International Convention on the Elimination of All Forms of Racial Discrimination;- The International Covenant on Civil and Political Rights;- The International Covenant on Economic, Social and Cultural Rights; - The Convention on the Elimination of all Forms of Discrimination against Women;- The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; - The Convention on the Rights of the Child; - The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. The main international control mechanism under these conventions is what may be considered the standard mechanism in international human rights protection: state reporting before an international committee. An initial report is due usually one year after joining the treaty and afterwards, reports are due periodically (every four or five years). The international committees examine the reports submitted by the state parties. In the course of this examination they include information from other sources, such as the press, other United Nations materials or NGO information. They also hold a meeting with representatives of the state submitting the report. At the end of this process the committee issues 'concluding observations' or 'concluding comments'. This paper focuses on the experience of one state — Ethiopia - with the seven core human rights treaties. This should allow the reader to gain insights both into the human rights situation in Ethiopia and in the functioning of the United Nations human rights protection system.Key Words: United Nations, Human Rights Conventions, State Reporting, Human Rights Situation in Ethiopia 

Human Rights, Membership, and Moral Responsibility in an Unjust World

2018 ◽  
Author(s):  
Alex Levitov ◽  
Stephen Macedo
Keyword(s):  
Human Rights ◽  
Moral Responsibility ◽  
The Other ◽  
Self Determination ◽  
Free Movement ◽  
International Human Rights ◽  
Collective Self ◽  
International Human ◽  
Political Communities

International human rights instruments establish both a fundamental right to collective self-determination and a right of individuals to free movement. What principles and priorities should guide us when these two sets of claims come into conflict? When and under what conditions are political communities morally entitled to exclude those who wish to enter? And when, on the other side, do the rights of individuals seeking entry take priority? These issues are both philosophically contested and of great practical import, and this chapter seeks to illuminate them.

The right to education

2020 ◽  
pp. 181-194
Author(s):  
Benjamin Mallon
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
Human Right ◽  
Right To Education ◽  
International Human Rights ◽  
Rights Of The Child ◽  
Diverse World ◽  
International Human ◽  
The Right ◽  
Different Levels

Chapter 14 critically analyses the idea of education as a universal human right. It outlines existing international human rights mechanisms relevant to education as a right and critically assesses their ability to make that right a reality in a diverse world with different levels of ‘peace’, stability, conflict, cultural and socio-economic contexts. While recognising that the right to education includes all people regardless of age, the chapter mainly focuses on education as a right for children and, in particular, how the right to education for children in developing countries can be affected by violent conflict. In this regard, the work of UNESCO and the influence of Convention on the Rights of the Child (CRC) are assessed along with a range of other rights mechanisms.

Association pour le Progrès et la Défense des Droits des Femmes Maliennes (APDF) and the Institute for Human Rights and Development in Africa (IHRDA) v. Republic of Mali

2021 ◽  
Vol 194 ◽  
pp. 1-28
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Customary Law ◽  
International Human Rights ◽  
Content Type ◽  
Rights Of The Child ◽  
The Family ◽  
Women And Children ◽  
International Human ◽  
African Charter

1Human rights — Rights of women — Rights of the child — Religious and customary law — Minimum age for marriage of girls — Right to consent to marriage — Right to inheritance for women and children born out of wedlock — Right to non-discrimination for women and children — States’ obligation to eliminate traditional and cultural practices harmful to rights of women and children — Whether Mali’s Law No 2011-087 on Code of Persons and the Family violating international human rights instruments ratified by respondent StateRelationship of international law and municipal law — Treaties — Human rights treaties — Articles 2(2), 6(a) and (b), and 21(2) of Protocol to African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, 2003 — Articles 1(3), 2, 3, 4 and 21 of African Charter on the Rights and Welfare of the Child, 1990 — Articles 5(a), 16(1) (a) and (b) of Convention on the Elimination of All Forms of Discrimination against Women, 1979 — Malian law — Religious and customary law — Islamic law — Whether Mali’s Law No 2011-087 on Code of Persons and the Family violating international human rights instruments ratified by respondent StateInternational tribunals — Jurisdiction — African Court on Human and Peoples’ Rights — Material jurisdiction — Whether case relating to violation of human rights under African Charter on Human and Peoples’ Rights, 1981 — Admissibility of application — Exhaustion of local remedies — Whether application filed within reasonable time — Whether Court having jurisdiction to hear case

State Compliance with the Recommendations of the African Commission on Human and Peoples’ Rights, 1994-2004

2007 ◽  
Vol 101 (1) ◽  
pp. 1-34 ◽  
Author(s):  
Frans Viljoen ◽  
Lirette Louw
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
State Compliance ◽  
State Obligations ◽  
Legal Position ◽  
International Human ◽  
The Impact ◽  
African Commission

Current discourse on international human rights leaves little room for self-satisfaction about near-universal acceptance of wide-ranging normative frameworks with a global and regional scope. Recent times have witnessed growing academic concern with the “impact” or “effect” of international human rights treaties on the de jure and de facto legal position in state parties. These concerns are embedded in bigger and more enduring questions about the nature of state obligations under international law (including those derived from “nonbinding norms”) and compliance with them. However, general questions about obedience to international law have been replaced by attempts to answer the question whether human rights treaties in fact “make a difference.”

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