scholarly journals Legal Protection of Copyright and Patent Architectural Rights of Electrical Vehicles Battery Against Human Rights in Indonesia

2022 ◽  
Author(s):  
Rahayu Subekti ◽  
Hadhika Afghani Imansyah ◽  
Mariano Adhyka Susetyo
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Electrical Vehicles

The Journalist—Source Relationship in Context: A Comparative Review of US and English Law

2009 ◽  
Vol 38 (3) ◽  
pp. 268-294
Author(s):  
Stuart Wallace
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
State Level ◽  
Potential Threat ◽  
Shield Law ◽  
Special Procedure ◽  
European Court ◽  
Comparative Review ◽  
The Uk ◽  
The Impact

This paper analyses the legal protection of the journalist–source relationship from both sides and the underlying interests involved. The paper begins by analysing why the relationship deserves protection. The position of journalists at common law is analysed with a discussion of the application of the principle established in Norwich Pharmacal v Customs and Excise to journalists. The development of immunity from contempt in s. 10 of the Contempt of Court Act 1981 is examined to illustrate the ideological clash between the judiciary and journalists. The impact of the Human Rights Act and decisions of the European Court of Human Rights are analysed to assess whether this will lead to a change in attitudes in the UK. Finally, the potential threat to journalists posed by compelled evidentiary disclosure in criminal cases is reviewed, with a particular look at ‘special procedure’ material. The US section begins with an analysis of the law at federal level, the decisions of the Supreme Court, including the leading decision of Branzburg v Hayes, as well as the role the legislature has played. The paper then analyses protections provided at state level, with a case study of the California shield law and a review of Californian jurisprudence.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

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.

scholarly journals Politics Of Law Human Rights Protection In Indonesia

2020 ◽  
Vol 2 (4) ◽  
pp. 513
Author(s):  
Pradikta Andi Alvat
Keyword(s):  
Human Rights ◽  
Political Development ◽  
Legal Protection ◽  
Secondary Data ◽  
Three Dimensions ◽  
Reform Era ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Source Data ◽  
Protection Of Human Rights

This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.

scholarly journals Human Rights Violation of Transgender People: A Critical Analysis on Bangladesh Perspective

2018 ◽  
pp. 165-175
Author(s):  
Puja Mitra
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
Police Officers ◽  
Critical Analysis ◽  
Legal Protection ◽  
Economic Activities ◽  
Transgender People ◽  
The Third ◽  
Women And Children ◽  
Third Gender

Transgender people are discriminated based on their gender identity, especially, in the societies of South Asian countries. The legal recognition of this ‘third sex’ had to wait long in countries like India, Pakistan, Nepal and Bangladesh. The human rights of these people are being violated in every sector although having been recognized as ‘citizens’ by their respective governments. Many countries have already started to let them get involved in different social and economic activities. In 2013, the Bangladesh government declared the status of the third gender to the transgender people of its territory. This recognition was aimed to protect all the human rights of the third gender enabling them to identify their gender as ‘Hijra’ in all government documents and passport. Section 27 of the Constitution of Bangladesh states that ‘All the citizens are equal before the law and are entitled to equal protection of law’. But the legal protection of the human rights of the newly recognized third gender is questionable till now. The Prevention of Oppression against Women and Children Act, 2000 describes the rights of only women and children. In Bangladesh, the transgender people are becoming rape victims everywhere but unlike women and children, their rape cases never get filed as the police officers do not even believe that anyone can rape these third genders. This social taboo and negligence are costing the sexual minorities their human rights like legal protection. Therefore, it has become important to address this issue to create social awareness which might induce the urgency to practice equal laws for every gender identity. In this paper, a critical analysis of the human rights of Bangladeshi transgendered people has been performed. Finally, the human rights condition of transgender people of Nepal and India is also discussed.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Research ◽  
Descriptive Research ◽  
The Common ◽  
The Government

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.

scholarly journals Judicial procedural issues of choosing an effective method of legal protection in civil cases

2021 ◽  
pp. 67-75
Author(s):  
Andrii Shabalin
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Specific Method ◽  
Judicial Discretion ◽  
The Rule Of Law ◽  
European Court ◽  
Legal Nature ◽  
Procedural Code ◽  
Protection Of Human Rights ◽  
Civil Cases

Keywords: civil procedural protection, court effective way of protection, civilprocess The article is devoted to the study of Civil Procedureaspects of the court's application of a proper and effective method of protecting aviolated right within the frame of its own judicial discretion. Attention is paid to thestudy of the legal nature of civil protection, existing doctrinal positions, as well as thelegal and regulatory environment. The features of the exercise of discretionary powersby the court regarding the use of an effective method of protecting violated privatelaw have been established. It is indicated that the court is empowered to choose an effectivemethod of legal protection exclusively within the limits of the statement ofclaim — claims are detailed. It is emphasized that when choosing an effective methodof protection, the principle of the rule of law must be observed, in accordance with theprovisions of Article 10 of the Civil Procedural Code of Ukraine (“CPCU”). This meansthat an effective method of legal protection must be correlated with the provisions ofthe Convention for the protection of human rights and fundamental freedoms and thecase law of the European Court of Human Rights. This universal provision applies toall cases of claim proceedings, namely the claim, which are decided by the rules ofcivil procedure. The peculiarity of the court's use of an effective method of protectionin civil cases is that it can choose an effective method of legal protection only in courtcases in which the claim is considered, as well as when the law or agreements do notdetermine the effective method of legal protection. On the basis of the conducted scientificresearch, the author has developed own gradation of legal criteria of choice bycourt of an effective way of legal protection at consideration of civil cases. Such a gradationis universal for all cases considered by the court under the rules of civil procedure.Exceptions to the above regarding the application of a specific method of protectionare cases related to compensation for damage caused to an individual as a resultof withdrawal of an insolvent bank from the market or liquidation of the bank.

scholarly journals Desplazados medioambientales y Derechos Humanos: una construcción conceptual sine qua non para su protección jurídica internacional | Environmental displaced people and human rights: a conceptual construct as previous step for their international legal protection

2019 ◽  
pp. 255
Author(s):  
Daniel Gracia Pérez
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The Other ◽  
International Protection ◽  
Derechos Humanos ◽  
Other Hand ◽  
Displaced People ◽  
Definition Of ◽  
Previous Step

Resumen: El presente trabajo parte de la hipótesis de que no es posible diseñar un régimen de protección internacional para las personas desplazadas por disrupciones medioambientales sin antes aclarar qué se entiende por “desplazado medioambiental” y cómo se ha llegado a tal entendimiento. Así, el artículo se estructura en dos partes. La primera de ellas pretende reconstruir el íter que ha configurado la figura del desplazado medioambiental en el pensamiento académico, tanto desde los estudios medioambientales como desde los migratorios. La segunda, por su parte, analiza la primera definición de desplazado ambiental, con vocación jurídica, que aparece en plano internacional y la influencia que en su redacción han tenido las corrientes anteriores. Abstract:  This paper is based on the hypothesis that it is not possible to design an international protection regime for people displaced by environmental disruptions without first clarifying what is meant by "environmental displaced" and how this understanding has been reached. Thus, the article is structured in two parts. The first of them aims to reconstruct how the concept of environmentally displacement has been shaped in academic thinking, both from environmental and migratory studies. The second one, on the other hand, analyzes the first definition of environmental displaced which appears, with a legal vocation, on the international scene and the influence that those previous streams have had on it.

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
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

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.

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