scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi

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.  


2021 ◽  
pp. 210-225
Author(s):  
Bartosz Sobotka ◽  
Iwona Florek

The article presents the genesis of human rights of the different generations in the aspect of development, describes the role and place of human beings in the context of technological change and competence mismatch as a challenge for the education system. The aim of the article is to consider the essence of understanding the content of human rights and in particular the right to education in the context of changing realities and changing competence needs under VUCA conditions. The research hypothesis is the claim that currently the understanding of the content of human rights is less and less adapted to the labile reality. The article contains a recommendation to start an international debate on the elaboration of a new international document (successor to the Sustainable Development Goals), the central element of which should be the partnership for education (Education Alliance 2050).


2021 ◽  
Vol 9 (SPE1) ◽  
Author(s):  
Jafar Sabbaghian Deloui ◽  
Ali Pourqasab Amiri ◽  
Alireza Jahangiri ◽  
Ahmad Reza Behniafar

The results of this article indicate that positive peace focuses on health, disease and the fight against disease, poverty, social and economic inequalities, and the realization of social justice and at the same time, the components of the third generation of human rights are trying to realize such things as the right to development, the right to education and the right to occupation that due to its functions, endowment plays an important role in providing the mentioned items. In conclusion, it can be said that endowment is effective in strengthening and promoting positive peace and the components of the third generation of human rights.


2018 ◽  
Vol 5 (2) ◽  
pp. 175
Author(s):  
Lily Faradina ◽  
Kadek Wiwik Indrayanti

The rights of prisoners have been explicitly regulated in Act No.12 of 1995 on Corrections. The law therein outlines 13 (thirteen) rights reserved for a prisoner while in a Penitentiary. The right to get a wage or premium for the work done is a right that is often neglected in practice in the correctional institution located in our country. This happens because of the stigma of the people who still tend to assume that a prisoner is a party that deserves to be treated arbitrarily because of the crime he has committed. It is this kind of thinking that ultimately also affects officials or prison officers who end up treating incendiary people like humans who are unfit to accept the rights that have been provided by the state. Many inmates are employed in penitentiaries who are not paid for by their employers. If this continues to be done then the purpose of punishment will actually violate human rights inherent in the Prisoners as human beings. However, prisoners must also be protected by their rights as human beings.


2019 ◽  
Vol 5 (1) ◽  
pp. 41 ◽  
Author(s):  
Oheo Kaimuddin Haris ◽  
Syahbudin Syahbudin ◽  
Ahsan Yunus

This work is aimed at exploring appropriate method in legitimating and admitting toward legal existence for Bajo effort’s local wisdom particularly in maintaining Indonesian’s Border. This effort is importance to maintain sovereignty of Indonesia's maritime boundaries without having to eliminate Bajo’s local wisdom that may exclude sustainable development for Bajo society. This situation has altered their traditions that they just initially and merely fished fishes just for consumption. For that reason, this work offers appropriate values in legitimating and admitting a legal existence for Bajo effort’s local wisdom such as the rights of traditional fisherman community of Bajo tribe in human rights law as indigenous people right based either on National and International Law and; the legal protection of Bajo communal rights in exploiting sea and traditional fisherman criteria after UNCLOS 1982 and MOU BOX 1974 including its amendments. The application of this method may create holistic and traditional manners in keeping and managing collective strategic resources for the greatest benefit for national defend especially for Bajo fishery tribe.


Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 95-112
Author(s):  
Dr. Burhan Uddin ◽  
Arsala Khan ◽  
Abdur Rahim Khan

The history of slavery is very old. In which three types are very famous. Sell a freelance person, making slavery to a person resulting in a loss, and the prisoners arrested in the war were enslaved. Islam eliminated the first two types and the third case as an option left. On December 10th, 1948 UN passed the Universal Declaration of Human Rights, which includes the right to human rights with other rights. Any type of slavery was prohibited. In the light of this universal charter, objections to Islam's concept of slavery began to be raised. What is the validity of the objections in the light of the Universal Declaration of Human Rights 1948  raised against the Islamic concept of slavery? the methodology adopted for this research is to examine the contents of the Universal Declaration of Human Rights from an Islamic point of view. In the same way, a true Islamic, rational and logical examination of the concept of slavery of Islam has been presented. There is also a wise law about slaves in the universal system that Islam has given to the world. Slavery in the name is left, otherwise, all their rights are in no way less than free human beings.   In case of any kind of abuse, they could have approached the Islamic court and got justice.


2019 ◽  
Vol 1 (2) ◽  
pp. 425
Author(s):  
Andri Tjhin ◽  
Mety Rahmawati

Human rights are the rights attached to every individual and recognized by international law, in practice regarding human rights is regulated to become more specific, namely being the right of the suspect. The KUHAP regulates the rights of suspects precisely in Article 50 until 68. In the case of writing this scientific paper, there are several suspect rights in the stage of investigations that are violated by law enforcement officers, especially article 52, which means there are differences between those stipulated in the law with reality. The research method used is a normative legal research method which is based on primary, secondary, and supported by the results of interviews with related professions, which are then analyzed deductively. The results of this study illustrate that there is legal uncertainty amid law enforcement in Indonesia. Theory of justice, Theory of legal protection and the theory of legal certainty used which essentially becomes a benchmark for conformity of law enforcement in Indonesia.


1990 ◽  
Vol 3 (1) ◽  
pp. 18-34
Author(s):  
Matthus de Blois

Experiments on human beings are often beneficial for mankind in general and individuals in particular. They may, however, also present a threat to the right to the personal integrity. Existing provisions of the international law on human rights as well as of humanitarian law are instruments to protect this right against certain forms of experimentation. They leave, therefore, many questions open. Several non-binding texts give suggestions to answer them. They are also useful as materials for an international convention to protect human beings against unwarranted experimentation.


2012 ◽  
Vol 61 (3) ◽  
Author(s):  
Marina Casini ◽  
Carlo Casini ◽  
Rafael Santamaria D'Angelo ◽  
Joseph Meaney ◽  
Nikolas Nikas ◽  
...  

Il contributo esamina il “Caso n. 12.361 Gretel Artavia Urilla et Al. vs. Costa Rica” sul quale si attende una pronuncia della Corte interamericana dei diritti umani. La vicenda ha origine dalla sentenza della Corte costituzionale costaricana (del 15 marzo 2000 n. 2000-02306) che aveva annullato, per ragioni di forma e di sostanza, il Decreto Ejecutivo n. 24029-S1 (del 3 febbraio 1995) sulla procreazione artificiale umana. La vicenda prosegue davanti alla Commissione interamericana chiamata in causa da una “Petición” che accusa la Repubblica del Costa Rica di aver violato i diritti di alcune coppie in attesa di realizzare il loro “progetto parentale”. Il divieto di fecondazione artificiale confliggerebbe, in sintesi, con il diritto alla privacy e alla vita familiare, con il diritto di fondare una famiglia con il principio di uguaglianza contenuti nella Convenzione americana dei diritti umani (“Patto di San Josè”). Al termine di un lungo percorso e di un ampio dibattito, la Commissione ha ritenuto che tali diritti fossero stati violati e ha rimesso il caso alla Corte interamericana dei diritti dell’uomo. Con riferimento a questa nuova fase, nell’articolo si dà conto del “Escrito de Amici Curiae” presentato alla Corte dal Movimento per la vita italiano, dall’Istituto di Bioetica, dall’Asociación Crece Familia-CreceFam, dal Coordinamento di Human Life International e da Bioethics Defend Found. Nell’“Escrito” si afferma che il divieto del Costa Rica non viola la Convenzione americana sui diritti umani che afferma: “Ogni persona ha diritto al rispetto della propria vita. Tale diritto è protetto dalla legge e, in generale, è tutelato a partire dal momento del concepimento. Nessuno può essere privato arbitrariamente della vita (art. 4/1). Nel parere, inoltre, si avanzano argomenti di ordine scientifico e giuridico a sostegno del divieto di procreazione artificiale, in nome del riconoscimento della dignità umana e del conseguente diritto alla vita dell’essere umano nella fase più giovane della sua esistenza. Questo diritto, primo fra tutti, è già ampiamente accolto nella Convenzione americana sui diritti dell’uomo sottoscritta e ratificata dalla Repubblica del Costa Rica. ---------- The article deals with the “Case n. 12.361 Gretel Artavia Urilla et Al. vs. Costa Rica” which the Inter-American Court of Human Rights is going to decide. This case has its roots in the Supreme Court of Costa Rica’s decision (n. 2000-02306, March 15, 2000) which annulled the Decree n. 24029-S1 (February, 3, 1995) on human artificial procreation because of both formal and substantial aspects. Indeed, the Supreme Court of the Costa Rica considered that in vitro fertilization constituted a threat against human life before birth. Afterwards, the Inter-American Commission on Human Rights received a “Petición” which charged Costa Rica with a violation of the rights of some couples who wanted to achieve parenthood by medically assisted procreation. In short, according to Petitioner, the ban on in vitro fertilization violated the right to privacy and family life, the right to raise a family and equality before the law and equal protection established in the American Convention on human rights (“Pact of Saint José”). At the end of a long iter and an extended debate, the Inter-American Commission on Human Rights submitted the case to the jurisdiction of the Inter-American Court of Human Rights claiming the violation of said rights and asking the Court to rule and declare the international responsability of the Costa Rican Republic. Regarding this new stage, the article relates the “Escrito de Amici Curiae” sent to the Inter-American Commission on Human Rights by the Italian Movement for the Life, the Institute of Bioethics of teh Catholic University of the Sacred Heart, Asociación Crece Familia-CreceFam, Human Life International and the Bioethics Defense Fund. This “Escrito” argues that Costa Rica’s ban does not violate the American Convention on Human Rights which says that “Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life” (article 4/1). Besides the “Escrito” presents scientific and legal arguments corroborating the ban on artificial human procreation in the light of modern idea of human rights, recognition of human dignity and the right to life of human beings in the youngest stages of their lives. This right, the primary or first right, is already widely recognized in the American Convention on Human Rights, signed and ratified by Costa Rica’s Republic.


Author(s):  
Philippe Cullet

This chapter investigates the interaction between individuals and states in the face of climate change. It looks into the points of intersection between climate change and human rights regimes by examining the extent to which the climate change regime has recognized and addressed the human rights dimensions of climate change. Indeed, climate change is but one of many global environmental issues and where the climate change regime is part of the corpus of international environmental law, it looks into the extent to which the debate on a right to environment can be used in the context of climate change. International environmental law includes instruments that embrace the human dimensions of environmental issues as reflected, for instance, in the definition of sustainable development adopted in the Johannesburg Declaration on Sustainable Development at the Johannesburg World Conference on Environment and Development.


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