scholarly journals Legal Protection for Women and Children with Disabilities in Indonesia

2021 ◽  
Vol 10 (1) ◽  
pp. 1
Author(s):  
Dewa Gede Sudika Mangku
Keyword(s):  
Human Rights ◽  
Research Method ◽  
Children With Disabilities ◽  
Legal Protection ◽  
Human Rights Law ◽  
International Treaties ◽  
Persons With Disabilities ◽  
National Human ◽  
Women And Children ◽  
Research Show

The state has an obligation to protect its citizens, including the protection of women and children with disabilities. Given that people with disabilities remain the most vulnerable and marginalized group in every society, even though the international and national human rights movements have improved, in general this group is still in the last row enjoying it. The purpose of this research is to analyze and study legal protection for women and children with disabilities and the obstacles that exist in Indonesia. The research method used in this research is normative juridical, with the approach used the statutory approach. The results of his research show that women and children with disabilities in Indonesia have obtained legal protection based on human rights law and international treaties that have been ratified by the Indonesian government, although in implementation there are still obstacles that occur but this does not prevent fulfillment of the rights of persons with disabilities in Indonesia, especially for women and children.

scholarly journals The crime of human trafficking against persons with disabilities. A comparative study

2021 ◽  
Vol 10 (3) ◽  
pp. 303-316
Author(s):  
Lujain Ahmed Abu Dalu
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Treaties ◽  
Right To Life ◽  
Human Right ◽  
Persons With Disabilities ◽  
Peace And War ◽  
Shed Light

The criminalization of human trafficking has passed through several stages throughout the ages, starting with Islamic Sharia and its prohibition of slavery and servitude to considering it a crime of denial in international human rights law, which in turn emphasized the imposition of punishment on it and its prevention in peace and war, because of its danger to the whole world. There are several mechanisms to prevent, suppress and combat human trafficking. Whether at the international level by international treaties and agreements or at the regional level by national laws. This study noted a legislative shortcoming in the mechanisms applied to the crime of human trafficking, especially those against persons with disabilities. Considering the crime of human trafficking is a flagrant violation of human rights, specifically the human right to life and the preservation of his dignity. For the aforementioned reasons, this legal study is conducted, in two sections, where it shed light in the first section on the general of the crime of human trafficking by explaining its concept and the pillars of the crime of human trafficking. While the second section clarify the concept of the crime of human trafficking against persons with disabilities.

scholarly journals The Jordanian Legal Protection of Disabled Persons in Accordance to International Human Rights Treaties

2020 ◽  
Vol 16 (7) ◽  
pp. 128
Author(s):  
Sabah Al-Anizat ◽  
Abdelsalam A. Hammash
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Legal Protection ◽  
Disabled Persons ◽  
Special Committee ◽  
International Treaties ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Human Rights Treaties ◽  
International Human

This study aims at analyzing the legal system for protection of individuals with disabilities in Jordan, especially after the ratification of the 2007 Convention on the Rights of Persons with Disabilities by Jordan. Then, the Jordanian Kingdom presented three-step measures to guarantee the rights of disabled persons. First, it introduced specific laws into the national legal corpus. Secondly, it made up a three-year strategy to enhance the protection of this particular panel of the population. Thirdly, a special committee was established whose duty is to assess the adequacy of national laws to the International treaties.

scholarly journals Juridical Analysis Of Diffabel Wives In Article 57 Letter (B) Compilation Of Islamic Law

2018 ◽  
Vol 9 (2) ◽  
pp. 111-126
Author(s):  
Amir Fiqih Alqadafi
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Legal Protection ◽  
Human Rights Law ◽  
Women With Disabilities ◽  
Persons With Disabilities ◽  
Library Research ◽  
Disability Claim ◽  
Disability Law ◽  
The Right

One of the strongest reasons for proposing polygamy as contained in article 57 letter b is that teh wife have a body defect (imperfect body) so that the husban can file a divorce and disability claim which is called diffable. There are regulations that regulate the similarity of rights before the law such as human rights, law number 4 of 1997 concerning persons with disabilities, the constitution of the Republik of Indonesia years 1945, law number 19 years 2011 concerning the ratification of disability conventions and law number 18 years 2016 concerning disability. Formulation of the problem is 1) what is the jurdical analysis of legal protection for women with disabilities in article 57 letter b KHI. 2) what is the solution or form of legal protection for women with disabilities in article 57 letter b KHI. Methodes is qualitative descreibed by the statute approach and conceptual aprroach. Type of library research and data collection in documentation and data analysis using content analiysis. Validity of data in credibility and data triangulation. Conclusion, the provisions of article 57 letter b conflict with human rights and disability law there are law number 4 years 1997 concerning persons with disabilities, the Republik Of Indonesia years 1945 artcle 27, law number 19 years 2011 concerning convention on the right of persons with disabilities and law number 8 years 2016 concerning disability and the jugde must tigthen not to grant the husban who wants to be polygamy for the reason of the disability. Keyword : Wives, Diffable, Compilation Of Islamic Law

scholarly journals Forced Marriages in Europe: A Form of Gender-Based Violence and Violation of Human Rights

2020 ◽  
pp. 1-18
Author(s):  
María Barcons Campmajó
Keyword(s):  
Human Rights ◽  
Feminist Theory ◽  
Fundamental Rights ◽  
Human Rights Law ◽  
International Treaties ◽  
Gender Based Violence ◽  
Forced Marriage ◽  
Women And Children ◽  
Gender Based ◽  
The Right

Forced marriages are recognized as a form violating human rights, descriminatiing against women as well as a form of gender-based violence which both women and children suffer. In numerous international treaties and in other supranational documents, this practice is perceived as a violation against people’s dignity and as an attempt against fundamental rights such as freedom and equality. Moreover, the forced marriage is a crime condemned by the International and European human rights law: it violates the right to freely marry and the right to live a life free of gender-based violence. The objective of this article is to critically review the international and European obligations of States in relation to forced marriages. This critical review will be carried out through normative analysis from Legal Feminism and Feminist Theory.

Fixing, Adjusting, Regulating, Protecting Human Rights - The Shifting Uses of Regularisations in the European Union

2011 ◽  
Vol 13 (3) ◽  
pp. 297-316 ◽  
Author(s):  
Albert Kraler
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
The European Union ◽  
Human Rights Law ◽  
Irregular Migrants ◽  
National Human ◽  
Almost All ◽  
Human Rights Based Approach ◽  
The Eu

AbstractAlmost all Member States in the European Union currently make use, or in the past have made use of some form of regularisation of irregular immigrants, although to greatly varying degrees, in different ways and as a rule only reluctantly. A distinct feature of recent regularisations has been the shift towards a humanitarian justification of regularisation measures. In this context, regularisation has become reframed as an issue of the protection of irregular migrants’ human rights. As a result, regularisation has to some extent also been turned from a political tool in managing migration into an issue of international, European and national human rights law. While a human rights framework indeed offers a powerful rationale and at times compelling reasons why states ought to afford a legal status to irregular migrants, I argue that a human rights based approach must always be complemented by pragmatic considerations, as a human rights based justification of regularisation alone will be insufficient to find adequate responses to the changing presence of irregular migrants in the EU, not all of which can invoke human rights based claims to residence.

scholarly journals Monitoring mechanisms designed to serve persons with intellectual disabilities: exploring the implementation of Article 16 CRPD in Cyprus

2018 ◽  
Vol 15 (1) ◽  
pp. 33-50 ◽  
Author(s):  
Emily Julia Kakoullis
Keyword(s):  
Human Rights ◽  
Intellectual Disabilities ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
National Human ◽  
Adults With Intellectual Disabilities ◽  
National Human Rights Institutions ◽  
Relationship Of ◽  
Forms Of Violence ◽  
The Relationship

AbstractIn its concluding observations for Cyprus, the UN Convention on the Rights of Persons with Disabilities (CRPD) Committee stated that it ‘is concerned about the insufficiency of legal provisions and accessible mechanisms to detect, report, prevent and combat all forms of violence’.1This paper focuses on the independent monitoring obligation Article 16(3) CRPD places on states parties, and discusses the implications of the insufficient implementation of Article 16(3) as it affects adults with intellectual disabilities in Cyprus. It examines the existing monitoring frameworks, explains why they do not meet with Article 16(3) CRPD requirements and explores the relationship of the national human rights institutions (NHRIs) with Article 16(3). This paper enables understanding as to how, despite pre-existing monitoring frameworks in place, no independent monitoring action has been taken since the ratification of the CRPD. It argues that there is an immediate need for measures to achieve the implementation of Article 16(3) and makes recommendations for Cyprus and other states parties.

Restraint and Seclusion of Students with Disabilities

2015 ◽  
Vol 23 (1) ◽  
pp. 189-239 ◽  
Author(s):  
Darcie Lyons
Keyword(s):  
Human Rights ◽  
Students With Disabilities ◽  
Children With Disabilities ◽  
Duty Of Care ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Cultural Shift ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
Harm Prevention

Students with disabilities are being subjected to restraint and seclusion in some schools in Victoria, Australia. The practices are being used for purposes such as punishment, behaviour change and harm prevention. This article analyses the legality of the practices under the Victorian Charter of Human Rights and Responsibilities and the United Nations Convention on the Rights of the Child, which Australia has ratified. It concludes that the use of restraint and seclusion on students with disabilities in some Victorian schools has violated children’s rights, under both domestic and international human rights law. The Australian and Victorian governments have failed to recognise the presumption against the use of restraint and seclusion on children with disabilities in school and have failed to justify the associated rights limitations. A cultural shift is required to ensure that children with disabilities no longer experience unlawful rights violations, injuries and mental anguish as a result of restraint and seclusion in the very institutions that have a duty of care to protect them.

scholarly journals Refugee Protection as Human Rights Protection: International Principles and Practice in India

Refuge ◽  
1997 ◽  
pp. 39-44
Author(s):  
Brian Gorlick ◽  
Sumbul Rimi Khan
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Legal Protection ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Refugee Protection ◽  
National Human ◽  
International Human ◽  
The United Nations

This article focuses on the relationship between international human rights standards and refugee protection. The foundational status of the Universal Declaration of Human Rights and other human rights treaties are surveyed in light of India's international legal obligations. The authors argue that international human rights law and practice have had a significant impact on the protection activities of the Ofice of the United Nations High Commissioner for Refugees (UNHCR) both in countries of asylum, countries of origin and in relation to the United Nations and other human rights actors. In this context, courts and national human rights institutions are important players in safeguarding the rights of refugees. As none of the countries of South Asia is party to the international refugee instruments nor have any of them adopted a national refugee law or procedure, the activities of the Indian National Human Rights Commission stand out as a positive example of national institution expanding the legal protection of refugees in the region.

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