scholarly journals HAK ASASI MANUSIA DALAM ISLAM

TRANSFORMATIF ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 198
Author(s):  
Laila Rahmawati
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Human Values ◽  
Human Beings ◽  
Human Right ◽  
International Human Rights ◽  
The West ◽  
The Rule Of Law ◽  
Global Issue ◽  
New Phase

<p>This article tries to describe the concept of Human Rights in the West and the response of   Islam to them. In its history, it was <em>Magna Charta   </em>in England that initiated the formulation of Human Rights in the West in 1512. Then It was followed by <em>The Bill of right </em>in 1689; <em>The American Declaration of Independence </em>in 1776; and <em>T</em><em>he French Declaration </em>in 1789 that resulted in <em>The rule of law</em>.  Human Rights entered a new phase after The United Nations had declared the International Human Rights in</p><p>1984, that is <em>The Universal Declaration of Human Rights. </em>From that time on, Human Rights has become a global issue, continually discussed and responded to by many including Muslim scholars. In the West, the concept of Human Right is based merely on human values (anthropocentric) so that the responsibility is restricted to human beings.  Based  on  this,  this concept  is  different from  Islamic  concept  on  Human  Rights  because  the former is based on secular values  while the later is based on human values and divine values. Normatively, the idea of Human Rights is relevant to Islamic idea. The reason is that, based on their <em>fitrah </em>as creatures, human beings extremely expect the maintenance of their main needs (<em>Al- umur al-Daruriyyah</em>). Therefore, Human Rights are suitable with the purpose of syari’ah (<em>maqasid al-Syari</em>), that is to maintain religion, reason, heredity dan property.</p>

scholarly journals The Citizens’ Constitutional Rights Regarding Habitable and Wholesome Environment: Towards a Law State that Protects the Environment

2020 ◽  
Vol 4 (1) ◽  
pp. 81
Author(s):  
Nyoman Satyayudha Dananjaya ◽  
Fuchikawa Kazuhiko
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Due Process ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Human Beings ◽  
Legal Research ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Protection Of Human Rights

This paper aims to examine the protection of the environment in Indonesia which is part of the realization of a law state that guarantees the constitutional rights of its citizens. It is a legal research that reviews Indonesian constitutional and statutory provisions, besides adding a comparative perspective from a Japanese Constitution and legal system. It is found that the concept of a law state in Indonesia does not specifically follow the concept of a law state like what is meant in “rechtsstaat” or “the rule of law”. It has peculiar characteristics which indeed seem to adopt the noble values ??of those two concepts which clearly confesses in the constitution along with the elements and characters stated in it. One of the most prominent characteristics of a law state is the recognition and protection of human rights. In the Indonesian Constitution 1945, human rights as the fundamental rights of human beings have been arranged and compiled which is legally legitimized become constitutional rights. Among human rights, rights related to the environment include essential rights in array of international human rights formulations. Article 28 letter H of the Indonesian Constitution 1945 expressly states the rights to habitable and wholesome environment for citizen. The protection form can be a normative arrangement in the constitution or in a formal juridical through legislation. Protection of citizens' constitutional rights related to the environment is faced with due process of environmental protection that requires consistency in order to achieve the intention and direction of the Indonesian law state itself.

scholarly journals Mediation as an Anthroposociocultural Value

2021 ◽  
Vol 7 (2) ◽  
pp. 137-150
Author(s):  
Petro PATSURKIVSKYY ◽  
◽  
Ruslana HAVRYLYUK ◽  
Illia YURIICHUK ◽  
◽  
...  
Keyword(s):  
Rule Of Law ◽  
Modern Science ◽  
Human Values ◽  
Human Beings ◽  
Interpersonal Conflicts ◽  
The Rule Of Law ◽  
A Value ◽  
Copernican Revolution ◽  
Joint Solution ◽  
Different Types

The article examines the phenomenon of mediation as a value of a developed civil society from the ideological and methodological positions of the anthroposociocultural approach. The general historical conditions of the emergence of mediation and its anthroposociocultural code, paradigmatic types of mediation and the most important properties of each of them are analyzed. The article reveals the value nature of mediation as a Copernican revolution in ideology and methods of constructive resolution of conflicts between individuals and their communities. The conclusions are substantiated that: mediation belongs to the genus of anthroposociocultural values as their qualitatively distinguished type; mediation is functionally related to fundamental universal human values - human rights, the rule of law and pluralistic democracy - as a tool for their protection by human beings themselves in the form of a joint solution of interpersonal conflicts by their own carriers with the help of professional mediators; modern science distinguishes at least two paradigmatically different types of mediation - traditional mediation and narrative mediation; mediation of the first type as a value is applied mainly to the solution of interpersonal conflicts, and mediation of the second type is mainly applied to the solution of conflicts between human communities in polyidentical societies.

International Humanitarian Law

2012 ◽  
Author(s):  
Aryeh Neier
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Ancient Times ◽  
International Human

This chapter explores how international humanitarian law and international human rights law initially developed independently, but have converged and are now deeply interwoven. Since ancient times, some who take part in armed combat have recognized that placing certain limits on the way in which they conduct hostilities can be advantageous. It can be a sign of civilized behavior, enhancing their own prestige; it may be a way to encourage their opponents to behave in a similar manner; and it may contribute to the reestablishment of peaceful relations in which the rule of law prevails. Whether or not these limits confer advantages, they do most often have the effect of asserting a commitment to humane principles.

scholarly journals International human rights courts and the (international) rule of law: Part of the solution, part of the problem, or both?

2021 ◽  
Vol 10 (1) ◽  
pp. 118-138
Author(s):  
ANDREAS FOLLESDAL
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
International Human Rights ◽  
International Courts ◽  
The Rule Of Law ◽  
The Core ◽  
European Court ◽  
Margin Of Appreciation ◽  
International Human ◽  
International Rule

AbstractCritics challenge international courts for their interference with domestic democratic processes and alleged violations of rule of law standards: they claim that these guardians of the rule of law are not well guarded themselves. These concerns should not be dismissed too quickly as mere disgruntled venting by populist politicians. This article focuses on regional human rights courts and argues that the same interests and values that justify rule of law standards of impartiality, independence and accountability domestically also justify similar standards for international courts. Focusing on the European Court of Human Rights and its doctrine of the margin of appreciation, the article demonstrates how this doctrine may contribute to fulfilling the rule of law but at the same time may also endanger it. This requires changes to the doctrine to ensure that the core rule of law standards of predictability and protection against arbitrary discretion are respected.

Falun Gong and the Law: Development of Legal Social Control in China

2003 ◽  
Vol 6 (2) ◽  
pp. 312-331 ◽  
Author(s):  
Bryan Edelman ◽  
James T. Richardson
Keyword(s):  
Human Rights ◽  
Social Control ◽  
Rule Of Law ◽  
Political Systems ◽  
International Treaties ◽  
The West ◽  
Falun Gong ◽  
The Rule Of Law ◽  
Republic Of China ◽  
The Government

In 1999 the government of the People's Republic of China (PRC) labeled Falun Gong an "evil cult" and began a campaign to eliminate the qigong movement of which it was a part. The West was quick to condemn the PRC's action as a violation of human rights. In response, the PRC government criticized the West for interfering in its internal affairs, and using "human rights" as an excuse to impose its will upon the PRC. Rather than formulating an attack on the PRC government using Western principles of democracy, human rights, and the rule of law, this article analyzes the legality of the PRC's campaign against Falun Gong within the framework of the legal and political systems developed in the PRC Constitution, other relevant documents and international treaties to which the PRC is a signatory nation. It is argued that the PRC government acted outside of its constitutional authority, violated citizens' basic rights, and overstepped its own boundaries in its war against Falun Gong and its practitioners.

scholarly journals Crisis Without Borders: What Does International Law Say About Border Closure in the Context of Covid-19?

2020 ◽  
Vol 2 ◽  
Author(s):  
Vincent Chetail
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Rule Of Law ◽  
Best Interests ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Vast Number ◽  
The Rule Of Law ◽  
International Human

This paper is assessing the legality of border closures decided by a vast number of countries with the view of limiting the spread of Covid-19. Although this issue has raised diverging interpretations in relation to International Health Regulations and regional free movement agreements, international human rights law provides a clear-cut answer: the rule of law stops neither at the border nor in times of emergency. Against this normative framework, border control can and must be carried out with the twofold purpose of protecting public health and individual rights, whereas border closure is unable to do so because it is by essence a collective and automatic denial of admission without any other form of process. This paper argues that blanket entry bans on the ground of public health are illegal under international human rights law. They cannot be reconciled with the most basic rights of migrants and refugees, including the principle of non-refoulement and access to asylum procedures, the prohibition of collective expulsion, the best interests of the child and the principle of non-discrimination. The paper concludes on the ways to better integrate at the borders public health and human rights imperatives in due respect with the rule of law. In both law and practice, public health and migrant's rights are not mutually exclusive. They can reinforce each other within a comprehensive human rights based approach to health and migration policies.

Re-Evaluating Triage in International Justice during COVID-19 – Complying with the Rule of Law?

2021 ◽  
Vol 18 (3) ◽  
pp. 448-481
Author(s):  
Francesca Ippolito
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
International Institutions ◽  
International Criminal ◽  
Criminal Court ◽  
Fundamental Rights ◽  
International Justice ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Rule Of Law

Abstract This article addresses the challenges (and responses thereto) for those international institutions devoted to mandatory monitoring the individuals’ protection of fundamental rights during and after the COVID pandemic. It covers the practice of several of the main regional (European, Inter-American and African) judicial and quasi-judicial human rights bodies in a comparative overview with the UN human rights monitoring bodies and the International Criminal Court. The interesting medical metaphor of ‘triage’ (i.e., designing a system of priorities to maximize impact, during an emergency) is used to discuss the measures taken to preserve the rule of law, both in their internal functioning as well as in promoting the rule of law within national legal orders when monitoring the States’ compliance with international human rights obligations and guidelines about COVID-19. While overall, procedures in the different bodies were developed to ensure that the rule of law is maintained, which makes it easier to respond to similar crises in the future, the pandemic also sheds light on the need to revisit some substantive concepts in human rights law.

scholarly journals Refugee Policies and Narratives in the Globalised Era

2021 ◽  
Vol 21 (2) ◽  
pp. 101-121
Author(s):  
Dolores Herrero
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Climate Warming ◽  
Immigration Policies ◽  
Human Beings ◽  
Population Mobility ◽  
The Rule Of Law ◽  
Refugee Policies ◽  
Selection Of

One of the effects of globalisation has been population mobility as a result of famine, climate warming and war conflicts, among other things. This flow of refugees, however, is often seen as a menace to the rule of law and human rights concomitant with the Western lifestyle. Refugees are no longer regarded as human beings and victims, but rather as danger, even as potential terrorists, which has led many governments, including the Australian, to detain them indefinitely in detention centres where they are confined in inhuman conditions. The main aim of this paper will be to describe Australian immigration policies and how contemporary Australian narratives on and by refugees are reflecting this situation, mainly by analysing a selection of texts from three recently published collections, namely, A Country Too Far (2013), They Cannot Take the Sky (2017) and Seabirds Crying in the Harbour Dark (2017), and Behrouz Boochani’s No Friend but the Mountains (2018).

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