scholarly journals Tinjauan Normatif Pembela Hak Asasi Manusia dalam Hukum Internasional dan Hukum Nasional

2021 ◽  
Vol 1 (2) ◽  
pp. 99
Author(s):  
Ryan Abraham Silalahi
Keyword(s):  
Human Rights ◽  
Data Collection ◽  
International Law ◽  
Human Being ◽  
Legal Regulations ◽  
Literature Study ◽  
Descriptive Research ◽  
Protection Of Human Rights ◽  
The Right

: Human rights are acknowledgment that every human being has basic freedom and dignity. With this recognition, everyone has the right to defend and fight for their rights for their existence as a human being. Human Rights Defenders (HRDs) are everyone who works to defend and fight for people's human rights. In international law the rights of Human Rights Defenders are specifically manifested in the 1998 UN Declaration of Human Rights Defenders. Human rights and the extent to which Indonesia provides regulations for these human rights defenders. This study aims to analyze the protection of human rights defenders in the perspective of international law and the application of international law in national legal regulations related to the protection of human rights defenders. This research will use a qualitative normative juridical approach, with analytical descriptive research specifications and data collection techniques through literature study.

HAM DAN HUKUMAN MATI MENURUT ATURAN GEREJA KATOLIK: IMPLIKASI PASTORALNYA DI INDONESIA

2020 ◽  
Vol 12 (1) ◽  
pp. 1-11
Author(s):  
Yohanes Lon
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Catholic Church ◽  
Death Sentence ◽  
Human Being ◽  
Human Beings ◽  
Literature Study ◽  
Right To Life ◽  
Protection Of Human Rights ◽  
The Right

The enforcement of the death penalty in Indonesia has become a challenge for Indonesian Catholic Church in defending the dignity of human being and his right for life.  Through a literature study, this article will highlight the rule of Catholic Church o death penalty  and its implications for pastoral activities. The study argues that the dignity of human being is based on its nature as rational, free will and conscience creature. Moreover God has created human beings according to His own image and has redeemed them when destroyed by their own sins. Death penalty is essentially against the dignity of human being and human rights, especially the right to life. Therefore, its enforcement must consider the safety and protection of human rights. The death penalty is only allowed for extraordinary crimes against humanity and is carried out to protect the human rights of others as well as through fair, right and objective justice. The study concludes that in order  to protect human rights and the dignity of human being in Indonesia,  the Indonesian Catholic Church, through its pastoral works, must promote and defend the noble dignity of human beings and their right to life (pro life pastoral), carry out pastoral of forgiveness and of mercy to the setenced to death, criticize and oversee every trial which results in the death sentence to the defendant (critical prophetic pastoral).

scholarly journals Međunarodna solidarnost i pravo na zdravlje

JAHR ◽  
2018 ◽  
Vol 9 (1) ◽  
pp. 69-85
Author(s):  
Sonja Trgovčić
Keyword(s):  
Human Rights ◽  
International Law ◽  
Right To Health ◽  
Shared Responsibility ◽  
Vulnerable Groups ◽  
Human Right ◽  
International Solidarity ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
The Right

The concept of international solidarity has been developing since the second half of the 20th century within the scope of international charters, conventions and declarations of protection of human rights. It has earned the qualities of the principle of international law and has been given a meaning of the key human right which binds together human rights of the first, second and third generation. With this work the author provides an explanation and gives a postulate to the legal nature of international solidarity and its legal feasibility. Furthermore, the author speaks about international cooperation, shared responsibility and the prevention of factors of climate change, hunger, inadequate health care, polarity in the economic development, and achieving equality. The author dedicates special attention to the right to health, its aspects and connections with international solidarity in protection of vulnerable groups.

scholarly journals Extraterritorial application of the right to life on the high sea . Commentary to the Views adopted by the Human Rights Committee of 27 January 2021, A.S., D.I., O.I. and G.D. against Italy, Communication No. 3042/2017

2021 ◽  
Author(s):  
Bartosz Pacholski
Keyword(s):  
Human Rights ◽  
International Law ◽  
Subject Matter ◽  
Political Rights ◽  
Right To Life ◽  
Rescue Operation ◽  
Protection Of Human Rights ◽  
The Subject ◽  
Civil And Political Rights ◽  
The Right

The subject matter of this commentary, which instigates the Views of the Human Rights Committee of 27 January 2021, is the protection of one of the fundamental human rights – the right to life. The Committee, as an authority appointed to oversee compliance with the International Covenant on Civil and Political Rights, had to decide on the issue of Italy’s responsibility for failing to provide assistance to a boat in distress, even if the area in which the vessel was located was not within the territory of this state and other acts of international law attribute the responsibility for executing the rescue operation to a third country. According to the Committee’s views, which applied extraterritorial approach to the protection of the right to life, whenever states have the opportunity to take action for the protection of human rights they should do everything possible in a given situation to help people in need.

scholarly journals Pembuatan Direktori Lokasi Bermain Skateboarding di Sumatera Barat

2019 ◽  
Vol 8 (1) ◽  
pp. 82
Author(s):  
Dian Mega Putra ◽  
Desriyeni Desriyeni
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
Literature Study ◽  
Precise Information ◽  
Object A ◽  
Descriptive Research ◽  
West Sumatra ◽  
The Right ◽  
Clear Information ◽  
Do So

AbstractWriting this paper aims to create a directory of locations for skateboarding in West Sumatra. The method used in this paper is descriptive research, which examines a group of people, an object, a condition, a thought, or a class of events in the present. Data collection is done by observation, interview, and literature study. Based on data analysis, it can be concluded as follows. First, the obstacles in making a skateboarding directory location in West Sumatra can be described as follows. (a) the writer has difficulty finding a clear place about the location of skateboarding. These constraints are due to the absence of a clear pointer or direction to a skateboarding location. (b) the distance from the downtown or downtown. These constraints are due to inadequate access to locations. The author must ask and explain to the surrounding community in detail in a location in order to get to the point where to skateboard. (c), the authors find it difficult to find the right sources for more detailed information on a skateboarding location. The existence of these obstacles is due to ignorance of the community and skateboarding community about the place. The author only gets some clear information when making observations. Second, the author's attempt to do so is as follows. (a) the author does his best to make clear road and road directions to a skateboarding location with the help of the surrounding community and the communities in the place. With the help of the community and community in making instructions at a predetermined point or better known by the community. (b) the author tries to minimize the distance to the location of skateboarding by asking the informant or the right informant at a skateboarding location. (c) the author tries his best to do interviews with several people to get clear and precise information about a skateboarding location. The resource person can come from the community itself or the community around the location.Keywords: directory, skateboarding, West Sumatera

scholarly journals The Oviedo Convention: European charter on bioethics

2002 ◽  
Vol 54 (1-2) ◽  
pp. 146-157 ◽  
Author(s):  
Filip Turcinovic
Keyword(s):  
Human Rights ◽  
International Law ◽  
Scientific Knowledge ◽  
Human Being ◽  
International Agreement ◽  
Council Of Europe ◽  
Complex Development ◽  
Protection Of Human Rights

In this article the author analyses some problems related to defining of biomedicine and bioethics through international law. As he says, numerous rules in this field are literally scattered around and can be found in various international documents. The author presents in detail the first international agreement that defines this subject - it is Convention for the Protection of Human Rights and Dignity of the Human Being with regards to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine, adopted by the Council of Europe in 1996. He is of the opinion that very rapid and complex development of scientific knowledge in the field of biomedicine produces new problems. For that reason there should be soon adopted a convention or charter of universal character that would codify as precisely and fully as possible the rules in the fields of biomedicine and bioethics.

scholarly journals RESTRICTION OF THE RIGHT TO THE LIBERTY AND SECURITY OF MINORS ACCORDING TO THE INTERNATIONAL AND NATIONAL LAW (BY THE EXAMPLE OF THE RUSSIAN FEDERATION)

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Gulnara R. Shaihutdinova ◽  
Gulshat Z. Shamilova
Keyword(s):  
Human Rights ◽  
International Law ◽  
Criminal Offense ◽  
European Court ◽  
Personal Rights ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation ◽  
The Right ◽  
Article 5

The article is about the main points of the minors arrest and detention who are suspected in a criminal offense under paragraph 5 (d) of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950; the legality of the minors arrest and detention, rights and freedoms. The special attention is paid to the study of the pointed legal positions of the European Court of Human Rights. The importance of the study is connected with the fact that the right to the liberty and security is one of the most important rights included in the list of internationally recognized human rights and freedoms. From the point of the generally accepted classification in the law theory and Russian constitutional law, as well as in the theory of international law, the analysing law belongs to the civil (personal) rights. In this regard, the right to the liberty and security can be characterized as a law that has a natural character and it is closely connected with the nature of man.Detention or arrest is the most severe measure; it is applied only on the basis of a court decision which is based only on the results of consideration which is accepted as a result of the court’s learning of the relevant petition submitted by an investigator or inquiry officer

scholarly journals Correlation of legal regulations on evidence and proof procedures with article 6 of the european convention on the protection of human rights and fundamental freedoms

2021 ◽  
Author(s):  
Angela Cuciurcă ◽  
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Legal Regulations ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Evidence And Proof ◽  
The Right ◽  
Criminal Matters

Evidence and evidence are of particular importance in criminal proceedings, as, together with evidence, they are closely linked to the realization of the principle of finding out the truth, as well as to the fact that in most criminal cases there are problems related to evidence and means of proof. The legality of the evidence depends on the issuance of a decision to convict or acquit the person in a criminal trial. Legal regulations are closely correlated with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, in particular Article 6, the right to a fair trial. In this context, a criterion of applicability of this article in criminal matters lies in the nature of the procedure; the text refers to the right to be tried by a court, in the sense of court, which must decide on the merits of any accusation in this matter criminal law, and the merits of an accusation are based on conclusive, pertinent and useful evidence administered by means of evidence and evidence procedures provided by law.

scholarly journals The Libyan Uprising and the Right of Revolution in International Law

2011 ◽  
Vol 11 (1) ◽  
pp. 7-32
Author(s):  
Thomas Keenan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
Legal Remedy ◽  
Protection Of Human Rights ◽  
The Law ◽  
Peace Enforcement ◽  
The Individual ◽  
The Right ◽  
International Instruments

Abstract Despite the ubiquitous coverage of the Libyan revolution throughout the last six months, very little has been said regarding the legal foundations for the rebels’ actions. Within the international legal framework, it must be asked whether the Libyan people even had a legal right in the first place to overthrow the Gaddafi regime. In fact, the existence of a right to rebel under international law is very much an unsettled matter. Among the sources of international law, a right to rebel is not enumerated in any of the principal international instruments. In truth, the only significant mention of the right is a passing but ambiguous reference in the preamble of the Universal Declaration of Human Rights. A customary right of revolution is similarly absent, as many nations criminalize treason and other insurrectionary activities. Instead, if such a right exists in international law, it must derive from the well-enshrined right of self-determination. Th is right would thus constitute an additional exception to international law’s general prohibition on the use force, standing alongside self-defense and Security Council peace enforcement. Yet establishing a right of revolution would mark a significant departure from these other exemptions. In essence, the right of revolution represents an allowance for non-state actors to resort to force unilaterally for the protection of human rights. For this very reason, contemporary international law likely does not recognize a popular right to revolt. In light of international law’s fi rm restrictions on lawful uses of force, there is no evidence that the law currently acknowledges a novel exception for the individual enforcement of human rights. Th us, in the absence of a change in the law, the proper legal remedy for the Libyan people was not rebellion but rather an appeal to the international community.

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