scholarly journals THE MANIFESTATION OF THE RECHTSIDEE OF PANCASILA IN REGULATING THE CONSTITUTIONAL RIGHTS IN INDONESIA

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
A.Ahsin Thohari
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
The State ◽  
Constitutional Rights ◽  
Union Republic ◽  
Fundamental State ◽  
Almost All ◽  
The Ideal

Abstract: Pancasila is the ideal of the state (staatsidee). It also serves as legal ideal (rechtsidee), fundamental of philosophy (philosofische grondslag), fundamental state norm (staatsfundamentalnorm), and view of life (weltanschauung). It is a flexible ideology that can be drawn, pressed, and broaden to cover almost all circumstances. The perspective and mindset forming the constitution concerning human rights, and citizen constitutional rights had changed due to the changes in worldview attitudes, internationalism, and cosmopolitanism about human and constitutional rights. The constitution in Indonesia had changed several times. However, the provision of the civil rights in the Indonesian constitutions or known as constitutional rights were not eliminated in the 1945 Constitution (since august 18th 1945), the 1949 Union Republic of Indonesia Constitution, the 1950 Temporary Constitution, the 1945 constitution (after the President Decree in July 5th,1959) and 1945 constitution after amendment. Pancasila, also known as five principles, has the function as the bedrock of Indonesia. However, as a philosophical principle, Pancasila can interpret in myriad perspective, potentially used for multiple purposes. Abstrak: Pancasila sebagai cita negara (staatsidee). Pancasila yang juga berfungsi sebagai cita hukum (rechtsidee), dasar filsafat (philosofische grondslag), norma fundamental negara (staatsfundamentalnorm), dan pandangan hidup (weltanschauung). Pancasila adalah ideologi yang bersifat fleksibel yang dapat ditarik, ditekan, dan dilebarkan untuk mencakup hampir semua keadaan. Cara pandang dan pola pikir pembentuk Undang-Undang Dasar (UUD) terhadap Hak Asasi Manusia, konstitusi, dan hak-hak konstitusional warga negara mengalami perubahan yang diakibatkan oleh perubahan sikap-sikap pandangan dunia, internasionalisme dan kosmopolitanisme tentang HAM dan hak konstitusional. Konstitusi di Indonesia telah mengalami beberapa kali perubahan, namun ketentuan-ketentuan tentang hak-hak warga negara dalam konstitusi-konstitusi Indonesia atau yang lebih dikenal dengan hak konstitusional tidak pernah hilang, baik dalam UUD 1945 yang berlaku mulai 18 Agustus 1945, Konstitusi RIS 1949, UUDS 1950, UUD 1945 setelah Dekrit Presiden tanggal 5 Juli 1959, dan UUD 1945 setelah Perubahan. Pancasila, yang juga dikenal sebagai lima prinsip, berfungsi sebagai landasan negara Indonesia. Namun, sebagai prinsip filosofis, pancasila dapat ditafsikan ke berbagai perspektif yang dapat digunakan untuk berbagai tujuan. Kata Kunci: Cita Hukum (Rechtsidee), Pancasila, Hak Konstitusional

scholarly journals RIGHTS, FREEDOMS AND DUTIES OF A MAN AND A CITIZEN AS THE CONTENT OF CONSTITUTIONAL AND LEGAL STATUS

2020 ◽  
Vol 1 (3) ◽  
pp. 34-42
Author(s):  
O. O. Boyarsky ◽  
B. Ya. Kofman
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Status ◽  
The State ◽  
Human Freedom ◽  
Constitutional Rights ◽  
Minimum Requirements ◽  
Common Criterion ◽  
The Individual ◽  
Political Economic

The article is devoted to the consideration of human and civil rights, freedoms and responsibilities as the content of its constitutional and legal status. First, the author briefly analyzes the concept of constitutional and legal status of the person, outlining some problems of its understanding. The categories of constitutional rights, freedoms and duties of man and citizen are further studied, as well as their relationship between them. It is noted that the most common criterion for the separation of constitutional rights and freedoms of man and citizen is the sphere of society. In this regard, the constitutionally enshrined rights and freedoms of man and citizen are divided into civil (personal), political, economic, social, cultural. The importance of the transition from the declarative fixation of the rights, freedoms and responsibilities of a person in the Constitution of Ukraine to their implementation is noted. It is determined that human rights and freedoms as elements of the constitutional and legal status have common bases of consolidation, guarantee, protection and defense, but differ in implementation (rights require certain mechanisms or means, and freedoms do not need). At the same time, human freedom is a fundamental category in relation to human rights. In turn, the duty of man and citizen is a measure of the necessary behavior of the person, the minimum requirements imposed by the state on the person. Due to its nature, a person's duty is more positive and therefore requires clear regulation in law. The importance of duty as an element of the constitutional and legal status of a person and a citizen lies in the implementation of its preventive function, due to which the interests of the individual, society and the state should not be harmed.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

scholarly journals The prosecutor’s office on the defense human and civil rights and freedoms in the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 87-92
Author(s):  
T. I. Otcheskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
People’S Republic Of China ◽  
Labor Rights ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Right

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.

How Faith-Based Human Rights Work Gets Done in Moscow

2021 ◽  
Vol 120 (828) ◽  
pp. 280-286
Author(s):  
Melissa L. Caldwell
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
The State ◽  
Faith Based ◽  
History Of ◽  
Religious Activism

Churches and other faith-based communities have taken the lead in the human rights sector in Russia. At a time when many secular activists have been harassed, imprisoned, forced into exile, and even murdered, interfaith partnerships working on civil rights for minorities and migrants have been tolerated and officially recognized. Part of a long history of civic–oriented religious activism, they benefit from their legacy as moral leaders. While some religious activists have publicly challenged the Russian state’s authority and values, most have been careful to present themselves as partners of the state, even if their beliefs are not always fully aligned.

THE ROLE OF THE JUDICIARY IN THE CONSTITUTIONAL AND LEGAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS

2018 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Aspect ◽  
Legal Protection ◽  
The State ◽  
Time Dynamic ◽  
Protection Of Human Rights ◽  
The Law ◽  
Judicial Protection

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

Legislating Civil and Human Rights Education

2020 ◽  
pp. 80-108
Author(s):  
Claire Whitlinger
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Large Scale ◽  
State Level ◽  
The State ◽  
Human Rights Education ◽  
Causal Connection ◽  
Holocaust Education ◽  
History Of ◽  
New Generation

This chapter investigates the causal connection between the 2004 commemoration and another racially significant transformation: Mississippi Senate Bill 2718, an education bill mandating civil rights and human rights education in Mississippi schools. Providing historical perspective on the legislation—the first of its kind in the country—the chapter traces its origins to the fortieth anniversary commemoration in Philadelphia, Mississippi in 2004. After providing a brief history of school desegregation in Mississippi and previous efforts to mandate Holocaust education in the state, the chapter demonstrates how the 2004 commemoration and subsequent civil rights trial mobilized a new generation of local memory activists. When joined with institutional resources at the state-level, these developments generated the commemorative capacity for local organizers to institutionalize civil rights memory through curricular change. Thus, in contrast to other multicultural or human rights education mandates, which have typically been outgrowths of large-scale progressive social movements or the diffusion of global norms, Mississippi’s civil and human rights education bill emerged out of local commemorative efforts.

scholarly journals Omar Khadr: A Bleak Mark on Canadian Civil Rights

2018 ◽  
Vol 3 (1) ◽  
pp. 77-81
Author(s):  
Nathan Fung
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
The State ◽  
Citizenship Rights ◽  
Guantanamo Bay ◽  
Canadian Multiculturalism

This essay seeks to answer the question “does Omar Khadr’s story represent a failure of multiculturalism or of justice?” While it might be tempting to label the failure to uphold his charter rights as the exception to the rule and that the judiciary has the tools they need to protect the rights of Canadians, this paper argues that is far from the case. Khadr’s treatment is indicative of a prevalent flaw in Canadian multiculturalism, and in the idea of human rights as a whole, which is its reliance on the state to uphold them. Even though the judiciary determined that Khadr’s rights were violated, it was negligence by the state that lead to his prolonged imprisonment in Guantanamo Bay. Ultimately, the state failed to protect Khadr’s rights because he was not seen as a citizen, despite being born and raised in Toronto. This paper draws on Hannah Arendt’s arguments about the inadequacy of citizenship rights, and examines the case of Maher Arar, whose rights have been similarly neglected.

scholarly journals On the Concept of the Human Rights Activities and the Human Rights System or on Organizational and Legal Prerequisites for the Nationwide Happiness

2021 ◽  
Vol 1 ◽  
pp. 27-35
Author(s):  
Yuriy V. Kim ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Police Officer ◽  
The State ◽  
Public Authorities ◽  
Head Of State ◽  
State Organizations ◽  
Definition Of ◽  
Almost All ◽  
Domestic Law

The terms “human rights activities” and “human rights system” are widely used in domestic law and law enforcement practice. The human rights dimension is represented in the functioning of almost all public authorities, from the ordinary police officer to the head of State. For many State and non-State organizations, human rights activities are profiling. Between, the category of human rights activities is not established in the special literature, nor is there a legislative definition of the concept, scope and subject of this sphere of activity. Accordingly, there is no proper coordination of human rights activities on the part of public authorities. The article specifies the content of the human rights function of the state and proposes approaches to increase its effectiveness.

scholarly journals Os direitos humanos no contexto internacional: para além dos limites de uma obrigação específica?

2018 ◽  
Vol 19 (1) ◽  
pp. 113-126
Author(s):  
André Luiz Olivier da Silva
Keyword(s):  
Human Rights ◽  
Human Person ◽  
International Community ◽  
The State ◽  
Human Beings ◽  
Contemporary World ◽  
The World ◽  
Universal Human Rights ◽  
Special Rights ◽  
The Ideal

Resumo: Neste trabalho analisam-se as exigências por direitos humanos enunciados a partir de uma perspectiva universal, segundo a qual esses direitos se constituem dentro de obrigações gerais e são válidos para todas as pessoas do mundo. Mas podemos falar em direitos humanos considerados gerais e absolutos mesmo quando não se consegue especificar o detentor e o destinatário dos direitos em uma relação obrigacional específica? Com base em um procedimento de observação e na explicitação de algumas exigências por direitos humanos no mundo contemporâneo, aborda-se a natureza dos direitos a partir da correlação obrigacional entre direitos e deveres, bem como a distinção entre direitos especiais e direitos gerais, destacando que os direitos humanos são reivindicados como direitos gerais e universais, embora não se possa afirmar que sejam universais em si mesmos. A hipótese  neste artigo é a de que os direitos humanos são reivindicados “como se” fossem “gerais” dentro de obrigações específicas, seja em um conflito entre cidadãos e o Estado, seja a partir das relações dos países na comunidade internacional. Quando não estão especificados em obrigações concretas, esses direitos apresentam dificuldades quanto à sua efetividade justamente porque não se consegue identificar e especificar sujeitos e destinatários – que não são exatamente o Estado ou o cidadão deste ou daquele país, mas, sim, a pessoa humana. Nesse sentido, ainda estamos longe do ideal de universalização dos direitos humanos na comunidade internacional, e esses direitos só podem ser exercidos quando incorporados a um ordenamento jurídico ou, ao menos, inseridos em práticas morais e sociais.Palavras-chave: Direitos humanos. Direitos gerais. Universalidade. Obrigações específicas. Abstract: This paper discusses the claims by human rights from a universal perspective, according to which human rights constitute general obligations and are valid for all people of the world. Can we talk about human rights considered general and valid for all human beings even when we can not specify the holder and the addressee of rights in a specific obligational relationship? Based on a procedure of observation and explanation of some claims for human rights in the contemporary world, this article aims to approach the nature of these rights from the obligational correlation between rights and duties, as well as the distinction between special rights and general rights, highlighting that human rights are claimed as general rights, emphasizing its “universal” character, although we can’t ensure that these rights are universal in themselves. Our hypothesis is that human rights are claimed “as if” they were “general” within specific obligations, whether in a conflict between citizens and the state, as based on the relations of countries in the international community. When not specified in concrete obligations, human rights have doubts as to its effectiveness precisely because it is not easy to identify and specify recipients and subject of rights – which are not exactly state or country, but rather the human person. In this sense, we are still far from the ideal of universal human rights in the international community, and these rights may be exercised only when incorporated into a law, or at least, embedded in moral and social practices.Keywords: Human Rights. General rights. Universality. Specific obligations.

scholarly journals Limits of permissible intervention in biomedical studies of somatic human rights

2020 ◽  
pp. 92-96
Author(s):  
Myroslava Hromovchuk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Biomedical Research ◽  
National Level ◽  
Central Place ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
Moral Ideal ◽  
The One ◽  
Definition Of

The article examines the features of the essence and content of the constitutional principles of human rights as a basis for legalregulation of biomedical research of somatic human rights. The author reveals the essence and content of international and nationallegal principles of human biomedical research. It was found that there are currently no standards of legal regulation of human rightsprotection during biomedical research at the national level and at the level of international acts in this field. It is pointed out that theissue of human and civil rights and freedoms in the conditions of formation and development of civil society in democratic states occupiesa central place. It is established that the effective provision of constitutional rights and freedoms of man and citizen is associatedwith the need for restrictions in their implementation. It is determined that it is of fundamental importance that the attitude to law, tohuman rights and freedoms for the Ukrainian legal consciousness is impossible only through the awareness of a certain moral ideal asa goal in one’s own life. Therefore, any legal problem for the Ukrainian mentality is inextricably linked with the values of goodnessand justice, truth and humanity.It is noted that the approaches to the definition of “freedom” have both common and different features or certain clarificationsregarding certain manifestations. Without resorting to controversy about the truth or falsity of each of them, by generalizing their content,we can conclude that freedom, on the one hand, is an action according to their own desires, on the other - an action against them.The limits of permissible intervention in conducting biomedical research with human participation have been studied, as well asthe ethical examination of biomedical research as a way to protect human rights has been determined.

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