scholarly journals Alternatif Penanganan Deret Tunggu Terpidana Mati di Lembaga Pemasyarakatan dalam Konstruksi Hak Asasi Manusia

Jurnal HAM ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 503
Author(s):  
Firdaus Firdaus ◽  
Okky Chahyo Nugroho ◽  
Oksimana Darmawan
Keyword(s):  
Political Will

Fenomena deret tunggu eksekusi mati bukan hanya menjadi masa tunggu terpidana mati dalam proses pengajuan upaya hukum permohonan grasi ke Presiden, tetapi juga menjadi bentuk penghukuman tersendiri bagi para terpidana mati. Rumusan masalah membahas tiga hal. Pertama, bagaimana alternatif penanganan deret tunggu terpidana mati dari sudut pandang hak asasi manusia yaitu hak sipil politik (hak hidup) hak ekonomi, sosial dan budaya (hak kesehatan jiwa)?. Kedua, apa upaya yang telah dilakukan Lembaga Pemasyarakatan dalam memenuhi hak dasar terpidana mati?. Ketiga, bagaimana alternatif lainnya dalam penanganan fenomena deret tunggu? Metode yang digunakan adalah metode penelitian yuridis empiris yang merupakan penelitian hukum sosiologis dengan melakukan wawancara dan studi pustaka. Hasil penelitian menunjukkan bahwa alternatif pidana yang dapat menggantikan pidana mati dan tantangan penerapannya yaitu kembali ke tujuan pemidanaan sebagai koreksi sosial dimana hal ini tidak hanya menghukum narapidana. Perlu terdapat perubahan dalam sistem penegakan hukum termasuk institusi terkat. Tantangan alternatif pengganti pidana mati adalah political will dari pemerintah dengan mengedepankan hak asasi manusia terpidana mati. Selain itu, pemenuhan hak kesehatan jiwa terpidana mati harus didukung oleh tenaga profesional tentang kejiwaan.

The Puzzling Paradox Presented within the African Supranational Judicial Institutions: The ECOWAS Court of Justice

2020 ◽  
Vol 28 (Supplement) ◽  
pp. 86-109
Author(s):  
Kehinde Ibrahim
Keyword(s):  
Human Rights ◽  
West African ◽  
African Region ◽  
The West ◽  
Political Will ◽  
National Courts ◽  
Court Of Justice ◽  
West African Region

The judgments of the ECOWAS Court, which are final and immediately binding, are vital for the realisation of ECOWAS aims and objectives. The enforcement of its judgments is particularly important in the case of individuals whose enjoyment of fundamental human rights, as guaranteed under the ECOWAS Community laws, is dependent on effective enforcement. Yet, an existential puzzling paradox emanates through a poor record in the implementation of the ECOWAS Court's judgments. This problem, which is not limited to the West African region deserves scrutiny and concrete proposals. Legal and political considerations surface in assessing the existence of this paradox, and despite the lack of a consistent political will, to implement the decisions of ECOWAS Court relevant judicial actors have roles to play. National courts could take a bolder approach in complementing the work of the ECOWAS Court. The ECOWAS Court itself could put in place concrete mechanisms and adopt certain practices to address this poor record of non-implementation. It is yet to be seen how substantive mechanisms would work in practice.

PSYCHOLOGY, AWARENESS OF THE ETHNIC GROUPS IN NEW RURAL CONSTRUCTION IN ETHNIC MINORITY AND MOUNTAINOUS AREAS TODAY

2018 ◽  
Author(s):  
Nguyen Duy Dung
Keyword(s):  
Ethnic Minority ◽  
Ethnic Groups ◽  
Ethnic Minorities ◽  
Rural Areas ◽  
Cultural Development ◽  
Mountainous Areas ◽  
Political Will ◽  
Target Program ◽  
Rural Construction ◽  
New Rural Construction

New rural construction is one of the key tasks identified by the Party and State as the national target program until 2020. Many documents of the Party and the State have been issued expressing political will to implement the tasks of building new rural areas, over 6 years of implementation, the National Target Program for new rural construction has achieved certain achievements, the appearance of rural areas of ethnic minorities and mountainous areas has gradually changed dramatically, contributing significantly to promoting socio-economic and cultural development. Many provinces and cities throughout the whole country have built some new rural models that meet nineteen criterias and arrive on time.

The Mismanaged Integration of Ethnic Minorities in Bulgaria

2020 ◽  
Vol 44 (2) ◽  
pp. 303-327
Author(s):  
Petar Cholakov
Keyword(s):  
Ethnic Minorities ◽  
Political System ◽  
State Policies ◽  
Government Policies ◽  
Political Will ◽  
Integration Policies

This article delves into the intricate, and often inconsistent, worlds of Bulgarian government policies towards ethnic minorities, in particular towards the Roma, after 1989. The author begins with an overview of the ‘ethnic model’ embedded at present in the country’s political system. Then he discusses the integration policies of Bulgarian governments after the fall of communism. His conclusion is that the lack of political will of the ruling parties represents the biggest obstacle to the integration of minorities. Anti-discrimination legislation is plagued by inconsistencies and problems related to its implementation. Despite some moderate progress, state policies continue to lack vision, direction and effective monitoring mechanisms. The representatives of minorities are still, for the most part, ignored in the process of tailoring and implementation of programmes.

Water for Life

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Urban Areas ◽  
Water Policy ◽  
State Capacity ◽  
National Level ◽  
Human Right ◽  
Political Will ◽  
Water And Sanitation ◽  
The Right

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.

The Energy Politics of India

2020 ◽  
pp. 532-561
Author(s):  
Lydia Powell
Keyword(s):  
Simulation Models ◽  
Future Research ◽  
Economic Power ◽  
Political Will ◽  
Political Factors ◽  
Academic Literature ◽  
Social Perspectives ◽  
Energy Politics ◽  
Social Structural ◽  
Poor Outcomes

While it is not surprising that political factors shape the Indian energy landscape, few systematic attempts have been made to address exactly what interests most heavily influence energy choices and the precise nature of their impacts. Available research suggests that scholars need to move beyond simplistic explanations, such as lack of political will or capacity constraints, and recognize a broader set of interacting social, structural, institutional, and political agency variables. The technocratic analyses and projections based on simulation models that dominate the academic literature neglect political and social perspectives as unscientific, esoteric, or theoretical. Thus this chapter argues that future research should focus on political and economic power relations at the national, regional, and domestic levels when tracking poor outcomes of energy choices and policies. In the future, an emphasis on theoretically informed analysis will deepen understanding of hard choices related to the equitable distribution of energy in India and also facilitate implementation of more progressive energy policies.

scholarly journals Directly Observed Treatment: planning perspectives, improvisation and transfer of policy

2018 ◽  
Vol 71 (4) ◽  
pp. 1940-1948
Author(s):  
Rarianne Carvalho Peruhype ◽  
Simone Gomes Costa ◽  
Juliana Feliciati Hoffmann ◽  
Karen Bissell ◽  
Fernando Mitano ◽  
...  
Keyword(s):  
Planning Process ◽  
Negative Association ◽  
Point Of View ◽  
Operational Planning ◽  
Tuberculosis Control ◽  
Structured Interviews ◽  
Political Will ◽  
Control Programs ◽  
Directly Observed Treatment ◽  
Contextual Change

ABSTRACT Objective: to investigate the possibilities of positive and negative association of improvisation and the understanding of what will be the planning by managers and coordinators of tuberculosis control programs, in a context of transference of the Directly Observed Treatment policy. Method: this is a qualitative study, developed through semi-structured interviews analyzed in the light of French Discourse Analysis. Results: there was a weakening of the constructive and operational planning process, which is at the mercy of political will and the need of putting out fires. This, in turn, along with achômetro (Brazilian popular expression used on unsubstantiated point of view or opinion that is based solely and exclusively on the intuition of the person who says it), composed the metaphor of improvisation in its negative perspective, understood by automatism and unsystematization process. Improvisation, however, emerged as a representation of innovation, creativity, and contextual change. Final considerations: both the planning and the transfer of public policies constitute processes that need to be strengthened and qualified in the field of public health.

scholarly journals Challenges of health services related to the population displaced by violence in Mexico

2018 ◽  
Vol 52 ◽  
pp. 77 ◽  
Author(s):  
María Beatriz Duarte-Gómez ◽  
Silvia Magali Cuadra-Hernández ◽  
Myriam Ruiz-Rodríguez ◽  
Armando Arredondo ◽  
Jesús David Cortés-GilI
Keyword(s):  
Health Services ◽  
Sexual And Reproductive Health ◽  
Public Health Problem ◽  
Internal Displacement ◽  
Integral Approach ◽  
International Literature ◽  
Inclusion Criteria ◽  
Political Will ◽  
Persons With Disabilities ◽  
The Subject

OBJECTIVE: To analyze the impacts of the care to the population displaced by violence on the health system and the challenges that this entails. METHODS: This is a narrative review of the national and international literature in PubMed, SciELO, WHO/PAHO, and Bireme. Inclusion criteria were date of publication ( from 2000), relation with the subject, and language (Spanish or English). We found 292 documents, of which 91 met the inclusion criteria. RESULTS: The main challenges are the intersectoral, participatory, and integral approach (with emphasis on mental health and sexual and reproductive health), ensured accessibility to health services, the need for a reliable registration and information system of the population displaced by violence and its characteristics, and the addressing of the biopsychosocial problems of the different groups, especially women, persons with disabilities or infectious diseases, adolescents, children, ethnic minorities, older adults and the lesbian, gay, bisexual, transsexual, and intersexual population. CONCLUSIONS: The lack of political will to accept and see the internal displacement by violence and its importance as a humanitarian and public health problem is an obstacle to the adequate and timely care of the population displaced by violence in Mexico.

scholarly journals Does the Law Determine What Heritage to Remember?

2021 ◽  
Author(s):  
Marie-Sophie de Clippele
Keyword(s):  
Cultural Identity ◽  
Cultural Heritage ◽  
State Intervention ◽  
Historical Knowledge ◽  
Human Right ◽  
Political Will ◽  
The Public ◽  
The Past ◽  
The Law ◽  
Ideological Manipulation

AbstractCultural heritage can offer tangible and intangible traces of the past. A past that shapes cultural identity, but also a past from which one sometimes wishes to detach oneself and which nevertheless needs to be remembered, even commemorated. These themes of memory, history and oblivion are examined by the philosopher Paul Ricoeur in his work La mémoire, l’histoire, l’oubli (2000). Inspired by these ideas, this paper analyses how they are closely linked to cultural heritage. Heritage serves as a support for memory, even if it can be mishandled, which in turn can affect heritage policies. Memory and heritage can be abused as a result of wounds from the past or for reasons of ideological manipulation or because of a political will to force people to remember. Furthermore, heritage, as a vehicule of memory, contributes to historical knowledge, but can remain marked by a certain form of subjectivism during the heritage and conservation operation, for which heritage professionals (representatives of the public authority or other experts) are responsible. Yet, the responsibility for conserving cultural heritage also implies the need to avoid any loss of heritage, and to fight against oblivion. Nonetheless, this struggle cannot become totalitarian, nor can it deprive the community of a sometimes salutary oblivion to its own identity construction. These theoretical and philosophical concepts shall be examined in the light of legal discourse, and in particular in Belgian legislation regarding cultural heritage. It is clear that the shift from monument to heritage broadens the legal scope and consequently raises the question of who gets to decide what is considered heritage according to the law, and whether there is something such as a collective human right to cultural heritage. Nonetheless, this broadening of the legislation extends the State intervention into cultural heritage, which in turn entails certain risks, as will be analysed with Belgium’s colonial heritage.

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