scholarly journals The Statist Approach to the Philosophy of Immigration and the Problem of Statelessness

2018 ◽  
Vol 11 (1) ◽  
Author(s):  
Stephen E Mathis
Keyword(s):  
Human Rights ◽  
Immigration Policies ◽  
The Core ◽  
The Right

The issue of statelessness poses problems for the statist (or nationalist) approach to the philosophy of immigration. Despite the fact that the statist approach claims to constrain the state’s right to exclude with human rights considerations, the arguments statists offer for the right of states to determine their own immigration policies would also justify citizenship rules that would render some children stateless. Insofar as rendering a child stateless is best characterized as a violation of human rights and insofar as some states have direct responsibility for causing such harm, the problem of non-refugee stateless children points to greater constraints than most statists accept on states’ right to determine their own rules for membership. While statists can ultimately account for the right not to be rendered stateless, recognizing these additional human rights constraints ultimately weakens the core of the statist position.

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

Refugees: The politically oppressed

2020 ◽  
pp. 019145372093192
Author(s):  
Felix Bender
Keyword(s):  
Human Rights ◽  
Specific Situation ◽  
Political Rights ◽  
Classical Approach ◽  
Refugee Status ◽  
The Core ◽  
Political Status ◽  
Normative Foundation ◽  
The Right ◽  
What Matters

Who should be recognized as a refugee? This article seeks to uncover the normative arguments at the core of legal and philosophical conceptions of refugeehood. It identifies three analytically distinct approaches grounding the right to refugee status and argues that all three are normatively inadequate. Refugee status should neither be grounded in individual persecution for specific reasons (classical approach) nor in individual persecution for any discriminatory reasons (human rights approach). It should also not be based solely on harm (humanitarian approach). Rather, this article argues, it should be based on political oppression – on persons lacking public autonomy, formally expressed as a lack of legal–political status. The normative foundation for a claim to refugee status lies in the inability of a person to control, amend and seek recourse to the specific situation she faces. It lies in the lack of public autonomy expressed as a lack of legal–political rights. What matters for a claim to refugee status is thus the legal–political disenfranchisement of a person, ultimately leaving her with no recourse to the particular situation she faces other than flight. Refugees, then, are not only those who fear harm or persecution, but those who are politically oppressed.

scholarly journals The Right to Protection of Forcibly Displaced Persons During the Covid-19 Pandemic

2021 ◽  
Author(s):  
Brigitte Rohwerder
Keyword(s):  
Immigration Policies ◽  
Displaced Persons ◽  
The Core ◽  
Refugee Protection ◽  
Irreparable Harm ◽  
Degrading Treatment ◽  
The Right

The unprecedented shutdown of borders and restrictions on migration in response to the Covid-19 pandemic have put the core principles of refugee protection to test and resulted in the erosion of the right to asylum and violations of the principle of non-refoulment (no one should be returned to a country where they would face torture; cruel, inhuman or degrading treatment; or punishment and other irreparable harm). Covid-19 is being used by some governments as an excuse to block people from the right to seek asylum and implement their nationalist agendas of border closures and anti-immigration policies.

scholarly journals Law encoded: Towards a free speech policy model based on decentralized architectures

First Monday ◽  
2016 ◽  
Author(s):  
Argyro P. Karanasiou
Keyword(s):  
Human Rights ◽  
Free Speech ◽  
Central Point ◽  
Policy Model ◽  
The Core ◽  
Legal Thinking ◽  
User Centric ◽  
The Right ◽  
Decentralized Architecture ◽  
The Web

The free exchange of data between many interconnected nodes, in the absence of a central point of control, has been at the heart of the Internet’s architecture since its inception. For its engineering architects “if the Web was to be a universal resource, it had to grow in an unlimited way”, thus “its being ‘out of control’ was very important” (Berners-Lee and Fischetti, 1999). Yet, this simple deign choice has had a serious impact on conventional legal thinking. This paper highlights the importance of online decentralized architecture as the perfect substantiation of the autonomy rational underpinning the right to free speech.In doing so the paper analyses the core principles supporting the Internet’s architecture on their merit to the promote the user’s autonomy and self-realisation through speech. Following the free speech rationale for autonomy, it is observed how some simple engineering decisions for an open decentralised communicatory platform can build a user-centric ecology for speech. To validate this hypothesis two main architectural choices are examined as to the potential they hold for free speech: the principles of Modularity and End-to-End (E2E).The paper concludes that in terms of free speech, law and net architecture should be seen as complementing factors instead of opposite controlling deities. In this respect, Lessig’s mantra that “code is law” is paraphrased to read as “law encoded”, meaning that the law should strive to maintain the core architectural Internet values promoting human rights, and free speech in particular.

scholarly journals Two-Lane Blacktop: Refugees & Torture

2017 ◽  
pp. 49-66
Author(s):  
Jesús García Cívico
Keyword(s):  
At Risk ◽  
Human Rights ◽  
Asylum Seekers ◽  
Universal Declaration ◽  
Political Crisis ◽  
Immigration Policies ◽  
Extensive Field ◽  
Degrading Treatment ◽  
The Right ◽  
Perverse Effect

The right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment, and the right of asylum have, individually considered, an extensive field of application", but it is possible to point out some traits in common. Firsty, in both rights undelie the moral spirit of the Universal Declaration of Human Rights. At the same time, according to the recent reports of the main human rights organisations, both rights are in deep political crisis. Furthermore, is possible to see that sometimes they cross each other: there is a triple «zone of intersection between the right of asylum and the right not to suffer torture, inhuman or degrading treatment: one of the reasons for escaping from a country is to avoid suffering torture ("refuge after torture")  secondly, sometimes inhuman and degrading treatment occur precisely in the process of seeking asylum ("inhuman treatment in the refuge"), finally, there are countries with strong deficiencies in their immigration policies and this can produce a perverse effect: the transfer of potential asylum seekers to countries where they are at risk of torture or inhuman treatment again ("torture or inhuman and degrading treatment after asylum").

scholarly journals Legal Protection of Patients Participants of Health Social Guarantee in Human Rights Perspective

2020 ◽  
Vol 7 (10) ◽  
pp. 165
Author(s):  
Agustin Widjiastuti ◽  
Made Warka ◽  
Slamet Suhartono ◽  
Hufron Hufron
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Human Person ◽  
Legal Protection ◽  
Core Material ◽  
The Rule Of Law ◽  
The Core ◽  
State Constitution ◽  
The Government ◽  
The Right

The rule of law through the government must provide public services for its people.  In the conception of the welfare law state, every citizen/every person has the right to obtain good services and obtain legal protection from arbitrary actions by the authorities. Based on Article 1 number 1 of Law Number 39 of 1999 concerning Human Rights, human rights are rights inherent in every human person that must be protected so that human rights are always the core material of a modern state constitution. Legal steps for patients participating in the Health Social Security Administering Body in the perspective of legal protection.

scholarly journals Rethinking the Constitutionality of Indonesia’s Flawed Anti-Blasphemy Law

2021 ◽  
Vol 7 (2) ◽  
pp. 273
Author(s):  
Cekli Setya Pratiwi
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Expression ◽  
Constitutional Court ◽  
Human Rights Law ◽  
Religious Expression ◽  
The Core ◽  
The Law ◽  
Public Disorder ◽  
The Right

This study examines the constitutionality of Indonesia’s Anti-Blasphemy Law, which has been challenged unsuccessfully at the Constitutional Court on three occasions, in 2009, 2012, and 2018. While the Court has acknowledged the law’s provisions are open to multiple interpretations, it insists on maintaining the law as it is, on the grounds that the right to religious expression is not absolute, as freedom and rights are restricted under Article 28J of the 1945 Constitution. The Court believes that canceling the law would create a dangerous legal vacuum. The ambiguity of the Court’s decisions on the constitutionality of the Anti-Blasphemy Law is illustrated in recent blasphemy cases that have not been explored in previous studies. This study uses a doctrinal legal approach to examine why the Anti-Blasphemy Law is flawed and to analyze to what extent the ‘particular constitutionalism’ approach influenced the Court’s decisions when declaring the constitutionality of the law. As such, the Court’s misinterpretation of the core principles of the competing rights – the right to religious freedom and the right to freedom of expression – and its standard limitation, have been ignored. The findings of this study show that in dealing with the Anti-Blasphemy Law, the Court has a narrow and limited recognition of human rights law. The Court’s fear of revoking the Anti-Blasphemy Law is based only on assumptions and is less supported by facts. The Court has failed to realize that the implementation of the flawed Anti-Blasphemy Law in various cases has triggered public disorder, with people taking justice into their own hands.

Human Rights Limitations to Economic Enforcement Measures Under Article 41 of the United Nations Charter and the Iraqi Sanctions Regime

2001 ◽  
Vol 14 (2) ◽  
pp. 277-300 ◽  
Author(s):  
Erika de Wet
Keyword(s):  
Human Rights ◽  
Security Council ◽  
Right To Health ◽  
International Peace ◽  
Right To Life ◽  
Unique Role ◽  
The Core ◽  
Human Rights Norms ◽  
The Right ◽  
United Nations Charter

This article questions the legality of the extent of the Iraqi sanctions regime, due to its severe impact on human rights such as the right to life and the right to health. After examining whether the Security Council is bound by human rights, the article examines if and to what extent the Security Council may limit human rights norms when imposing economic sanctions. In the process it distinguishes between non-derogable and derogable human rights. With respect to the latter, it supports limitation in accordance with a proportionality principle that protects the core of the rights involved, while at the same time allows the Security Council the flexibility required by its unique role in the maintenance of international peace and security.

scholarly journals Controllo delle frontiere e violazione dei diritti umani lungo la rotta balcanica

2019 ◽  
Author(s):  
Francesca Cucchi
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
Immigration Policies ◽  
The European Union ◽  
Migration Policies ◽  
European Immigration ◽  
The Right ◽  
European Migration

This paper focuses on the possibility of conciliation between one of the main objective of recent European migration policies – the containment of migration movements – and the safeguard of immigrants dictated by European Convention of Human Rights. Furthermore the dissertation will analyze the balance between the right of every State to control their borders together with the right of the European Union to reinforce the control of external borders and the respect of fundamental human rights. In particular, after a brief analysis of the situation over the Balkan route, this paper will illustrate whether and how the guarantees provided in art. 3 ECHR can be applied in relation to the condition of immigrants and the consequent legitimacy of national and European immigration policies implemented along the route.

What face familiarity feelings say about the lateralization of specific entities within the core system

2019 ◽  
Vol 42 ◽  
Author(s):  
Guido Gainotti
Keyword(s):  
Temporal Lobe ◽  
Memory System ◽  
Core System ◽  
The Core ◽  
Memory Traces ◽  
Specific Memory ◽  
Target Article ◽  
Temporal Structures ◽  
The Right

Abstract The target article carefully describes the memory system, centered on the temporal lobe that builds specific memory traces. It does not, however, mention the laterality effects that exist within this system. This commentary briefly surveys evidence showing that clear asymmetries exist within the temporal lobe structures subserving the core system and that the right temporal structures mainly underpin face familiarity feelings.

Sign in / Sign up

Export Citation Format

Share Document