scholarly journals Conceptualizing child labour trafficking and exploitation: The case of Roma children in Montenegro

Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 161-186 ◽  
Author(s):  
Antonela Arhin
Keyword(s):  
Human Rights ◽  
Criminal Activity ◽  
Legal Framework ◽  
Child Labour ◽  
Policy Framework ◽  
Pull Factors ◽  
Labour Exploitation ◽  
The Government ◽  
Nuanced Understanding ◽  
Sophisticated Analysis

Trafficking of children for labour exploitation is a profit-oriented criminal activity by which children are recruited, transported, harboured or received for the purpose of labour exploitation irrespective of whether or not force, abduction, fraud or other means were used. This paper examines child labour trafficking in the context of human rights violations and as the worst form of child labour. In an attempt to situate the discourse of alleged labour exploitation and trafficking of Roma children in Montenegro, focusing in particular on instances of child begging, this paper offers an overview of the international legal framework as well as the Government of Montenegro?s policy framework relevant to this issue; an analysis of implicated historical, familial and cultural structures; and focuses on identifying root causes in terms of push-pull factors that are associated with enhancing children?s vulnerability and proneness to exploitation. Along with a set of recommendations, in closing, the paper calls for a more sophisticated analysis of child labour trafficking and, in the case of Roma children, a more nuanced understanding of historical and cultural pretexts against the backdrop of labour trafficking.

scholarly journals Actual Problems of Extremism Crime Counteraction

2018 ◽  
Vol 12 (4) ◽  
pp. 561-571 ◽  
Author(s):  
Viktor Kirilenko ◽  
Georgy Alekseev
Keyword(s):  
Human Rights ◽  
Private Property ◽  
Criminal Activity ◽  
Legal Framework ◽  
Problem Area ◽  
Russian Society ◽  
Political Struggle ◽  
Criminal Violence ◽  
Beneficial Impact ◽  
Protection Of Human Rights

In the conditions of globalization, international cooperation in counteracting the spread of radical ideologies is based on the common understanding of the necessity to combat the criminal activities of extremism groups. The use of strict criminal sanctions towards persons guilty of extremism crimes fully complies with the requirements set forth in the international agreements regarding the protection of human rights. Isolation of the most dangerous extremists from society is an effective way of preventing acts of terrorism, it has a beneficial impact on national and international security and contributes to the fulfillment of fundamental human rights and freedoms. The problem area of the criminal law qualification of extremism crimes is the necessity to differentiate between violent extremism and other offenses as well as lawful public initiatives against social discrimination and injustice. If power struggle takes place outside the legal framework, it poses a high degree of public danger, but only the gravest illegal actions should be qualified as manifestations of extremism. The ability of national law enforcement to impose sanctions corresponding to the gravity of unlawful methods of political struggle motivated by extremism is determined by the task of separating extremism ideology from less publically dangerous forms of organizing political protests. The analysis of extremism groups criminal activity showed that the ideology of criminal extremism is characterized by the desire to obtain power, authority and political clout by harming lives and health of people as well as by destroying such systemic institutes of civil society as family and private property. The solution to the problem of fair punishment in counteracting crimes with extremist motives lies in the elimination of such conditions that give rise to extremism ideologies and that act as a criminogenic factor determining the most dangerous cases of criminal violence in the Russian society.

scholarly journals Hak atas Pekerjaan bagi Penyandang Disabilitas di Sektor Publik: Antara Model Disabilitas Sosial dan Medis

2021 ◽  
Vol 4 (1) ◽  
pp. 1-48
Author(s):  
Muhammad Dahlan ◽  
Syahriza Alkohir Anggoro
Keyword(s):  
Human Rights ◽  
Public Sector ◽  
Medical Model ◽  
Legal Framework ◽  
Educational Background ◽  
Social Model ◽  
Persons With Disabilities ◽  
The Public ◽  
Medical Model Of Disability ◽  
The Government

The opportunity to fulfill the rights to work for persons with disabilities has been increasing since the ratification of Convention on the Rights of Persons with Disabilities (CRPD). Indonesia has adopted a “quota scheme” through the Law Number 8 of 2016 on Persons with Disabilities where government institution has set a minimum quantity of two percent as the number of workers for persons with disabilities as affirmative action targeted at promoting human rights. This article examines the progress of the legal framework for persons with disabilities by using a case study in civil cervants in the public sector. We argue that despite Indonesia’s disability legal regime has pushed the social model of disabilities that promotes human rights-based approach, its implementation is still based on the medical model of disability, in which it sees persons with disabilities on physical condition, and thus, they are assumed to be able to work in a certain field determined by the government. This article argues that affirmative policy does not provide equal opportunities to persons with disabilities as the special formation and medical requirements prevent them from applying for occupations that match their interests and educational background. The use of the medical model of disability in providing employment opportunities in the public sector prevents the level of participation and the formation of an inclusive workplace environment. Abstrak Peluang untuk memenuhi hak atas pekerjaan bagi para penyandang disabilitas terus meningkat sejak ratifikasi Convention on the Rights of Persons with Disabilities (CRPD). Indonesia mengadopsi “skema kuota” melalui UU Nomor 8 Tahun 2016 tentang Penyandang Disabilitas di mana institusi negara menetapkan minimal dua persen jumlah formasi pekerja bagi para penyandang disabilitas sebagai tindakan afirmatif yang ditargetkan untuk mempromosikan hak asasi manusia. Artikel ini memeriksa sejauh mana kerangka kerja hukum disabilitas di Indonesia memfasilitasi pemenuhan hak atas pekerjaan bagi penyandang disabilitas dengan menggunakan contoh kasus pada penyelenggaraan ketenagakerjaan di sektor publik. Kami berpendapat bahwa meskipun rezim hukum disabilitas di Indonesia menekankan model sosial disabilitas yang mempromosikan pendekatan berbasis hak asasi manusia, implementasinya masih didasarkan pada model medis disabilitas yang memandang penyandang disabilitas berdasarkan kondisi fisik dan karenanya diasumsikan hanya dapat masuk pada bidang pekerjaan yang telah ditentukan oleh negara. Artikel ini berpendapat bahwa kebijakan afirmatif tidak memberikan peluang yang setara bagi penyandang disabilitas karena formasi khusus dan persyaratan medis menghambat mereka untuk melamar pada bidang pekerjaan yang sesuai dengan minat dan latar belakang pendidikannya. Penggunaan model medis disabilitas dalam penyelenggaraan kesempatan kerja di sektor publik pada gilirannya menghambat tingkat partisipasi dan pembentukan lingkungan kerja yang inklusif.

scholarly journals Automated facial recognition and policing: a Bridge too far?

Legal Studies ◽  
2021 ◽  
pp. 1-19
Author(s):  
Joe Purshouse ◽  
Liz Campbell
Keyword(s):  
Human Rights ◽  
Facial Recognition ◽  
Legal Framework ◽  
Social Consequences ◽  
England And Wales ◽  
Human Rights Protection ◽  
Rights Protection ◽  
South Wales ◽  
Criminal Suspects ◽  
The Government

Abstract Automated facial recognition (AFR) is perhaps the most controversial policing tool of the twenty-first century. Police forces in England and Wales, and beyond, are using facial recognition in various contexts, from evidence gathering to the identification and monitoring of criminal suspects. Despite uncertainty regarding its accuracy, and widespread concerns about its impact on human rights and broader social consequences, the rise of police facial recognition continues unabated by law. Both the Government and the domestic courts were satisfied that police use of this technology is regulated adequately by existing statutory provisions regulating the processing of data and police surveillance generally. That is, until the recent judgment of the Court of Appeal in R (Bridges) v Chief Constable of South Wales Police and Others [2020] EWCA Civ 1058, where it was held that the respondent's use of AFR was unlawful. This paper provides an analysis of AFR, reflecting on the outcome of that case and evaluates its nuanced findings. We suggest that the judgment leaves considerable room for police AFR to continue with only minor, piecemeal amendment to the legal framework. Drawing on comparative experience and relevant socio-legal scholarship, we argue that the relatively unfettered rise of police facial recognition in England and Wales illuminates deeper flaws in the domestic framework for fundamental human rights protection and adjudication, which create the conditions for authoritarian policing and surveillance to expand.

An Analysis of China’s Legal and Policy Framework for the Sustainability of Foreign Forest Carbon Projects

Climate Law ◽  
2017 ◽  
Vol 7 (2-3) ◽  
pp. 150-184
Author(s):  
Yixin Xu
Keyword(s):  
Social Impact ◽  
Cost Effective ◽  
Legal Framework ◽  
Forest Carbon ◽  
Policy Framework ◽  
Forest Sector ◽  
Climate Risks ◽  
The Government ◽  
Set Up ◽  
Forest Carbon Sequestration

China’s policymakers regard forest carbon sequestration as one of the most cost-effective ways to combat climate change. Yet, scholars argue that foreign forest carbon projects in developing countries are environmentally and socially unsustainable. This paper explores China’s policy and legal framework for the sustainability of forest carbon projects that utilize international carbon-certification schemes. It finds that while China’s government has set ambitious climate goals for the forest sector, the applicable regulations are not comprehensively developed, and risks of unsustainability exist in practice. The government should undertake comprehensive institutional reform, including reform to establish implementation regulations for redd projects, adjust laws on forest and land to address climate risks, set up regulatory social-impact assessments, and create a greater demand for private forest sustainability assessments. 1

Intelligence and the Law in the United Kingdom

2010 ◽  
pp. 639-656 ◽  
Author(s):  
Ian Leigh
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Legal Framework ◽  
Future Trends ◽  
The United Kingdom ◽  
Security Service ◽  
Intelligence Agencies ◽  
The Government ◽  
Human Rights Standards ◽  
Intelligence Service

This article discusses the legal framework within which security and intelligence agencies operate in the United Kingdom. It first discusses the legislative charters of the three main agencies. Following the discussion on the legislative charters of the Security Service (M15), the Secret Intelligence Service (SIS or M16), and the Government Communications Headquarters (GCHQ), the article discusses the accountability these three agencies to the ministers, Parliament, and the judiciary. The article concludes with a discussion on the significant impact of human rights standards upon the agencies's work and current and future trends.

scholarly journals Towards Adoption of a Human Rights Based Framework for Social Protection in Botswana

2020 ◽  
Vol 1 (2) ◽  
pp. p6
Author(s):  
Kholisani Solo ◽  
Dolly Mogomotsi Ntseane
Keyword(s):  
Human Rights ◽  
Social Protection ◽  
Legal Framework ◽  
Primary Objective ◽  
United Nations General ◽  
United Nations General Assembly ◽  
The Government ◽  
The Right ◽  
Human Rights Based Approach ◽  
Social Safety Nets

A clear gap in the debate on social protection in Botswana has been the lack of a thorough analysis on the human rights based framework. The aim of this paper is to provide an overview of the position of the government of Botswana regarding a right- based approach to social protection. The primary objective is to assess whether social protection regime in Botswana is backed by a legal framework. The paper starts by examining conceptual issues. Here we discuss the concept of social security and social protection. The next section examines international and regional instruments that have been formulated to protect the right to access social protection. Through this analysis, it will be clearly shown that although Botswana is officially committed to providing social safety nets to the poor and vulnerably, social protection is not yet entrenched in the legal framework. To arrive at this conclusion, a thorough analysis is made using the Human Rights-Based approach for social protection developed by the United Nations General Assembly and the Human Rights Council. In conclusion the paper provides recommendations on how Botswana can develop a sustainable human rights- based social protection framework.

scholarly journals Advocating for Change in Nepal’s Adult Entertainment Sector

2021 ◽  
Author(s):  
Clare Gorman ◽  
Lucy Halton ◽  
Kushum Sharma
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Child Labour ◽  
Decision Makers ◽  
Periodic Review ◽  
Member States ◽  
Universal Periodic Review ◽  
Human Rights Council ◽  
The United Nations ◽  
The Government

The United Nations Human Rights Council has a powerful role to play in addressing the worst forms of child labour. Accountability mechanisms such as the Universal Periodic Review (UPR) – which work to support Member States to improve their human rights situation – are therefore widely seen as important opportunities to advocate for change. Ahead of Nepal’s third UPR cycle in 2021, the CLARISSA programme met with eight UN Permanent Missions to present recommendations addressing the exploitation of children within Nepal’s adult entertainment sector. This spotlight story shares the programme’s experience in advocacting within this process. It also highlights their approach of providing decision makers with recommendations to the Government of Nepal that were underpinned by the importance of integrating a participatory, adaptive and child-centred approach.

A Human Rights-Based Approach to Foreign Agricultural Investment in Uganda

2019 ◽  
Vol 27 (2) ◽  
pp. 268-291 ◽  
Author(s):  
Jean-Claude N. Ashukem
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Local Communities ◽  
Agricultural Investment ◽  
Foreign Agricultural ◽  
The Government ◽  
Human Rights Norms ◽  
Human Rights Based Approach

The use of human rights approaches in the context of development-related activities appears to be the most appropriate means to observe respect for and the protection of people's rights as states are required to adhere to human rights norms and standards. This article argues for the adoption of a rights-based approach within the framework of foreign agricultural investment activities in Uganda in order to ensure respect for, the protection of and the fulfilment of the fundamental human rights of local communities. It provides an exposition of the procedural and substantive rights which are contained in the relevant international and regional legal instruments and which need to be taken into account in such a rights-based approach. It also distils the relevant benchmarks to be used by the government of Uganda as the standards to be achieved in order to ensure the observance and protection of people's rights, especially with regard to the negotiation and implementation of foreign agricultural investment land deals in Uganda. It then compares the Ugandan legal framework against the distilled benchmarks to ascertain if and to what extent the legal framework conforms to these requirements with regard to regulating foreign agricultural investment activities. Based on the distilled minimum human rights requirements and the obligation they bestow on states, the article concludes that in order for the government of Uganda to properly and effectively respect, protect and fulfil local communities' human rights, it is crucially important that it should consider these requirements and fulfil them during the regulation and implementation of foreign agricultural investment land deals in the country.

Interview with Omar Shakir

2020 ◽  
Vol 49 (4) ◽  
pp. 127-137
Author(s):  
Noura Erakat
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Committee Member ◽  
Editorial Committee ◽  
Rutgers University ◽  
Human Rights Advocacy ◽  
University Professor ◽  
The Government ◽  
Israeli Supreme Court

In late November 2019, the Israeli Supreme Court upheld the Ministry of Interior's order to deport Human Rights Watch (HRW) director for Israel and Palestine, Omar Shakir. The court based its decision on a 2017 amendment to Israel's 1952 Entry into Israel Law enabling the government to refuse entry to foreigners who allegedly advocate for the boycott of Israel. The same law was invoked to deny entry to U.S. congresswomen Rashida Tlaib and Ilhan Omar in the summer of 2019. The campaign against Shakir began almost immediately after he was hired by HRW in 2016, and the court's decision marked the culmination of a multi-year battle against the deportation order. In this interview, JPS Editorial Committee member, Rutgers University professor, and author Noura Erakat discusses the details of his case with Shakir in an exchange that also examines the implications of the case for human rights advocacy, in general, and for Palestinians, in particular. The interview was edited for length and clarity.

A Call for Public Participation in the Treaty-making Process in South Africa: What can South Africa Learn from the Kingdom of Thailand?

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Participation ◽  
International Treaty ◽  
Legal Implications ◽  
Future Situation ◽  
Rules Of Procedure ◽  
The Republic ◽  
The Government ◽  
Personal Jurisdiction

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.

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