scholarly journals MODEL PERLINDUNGAN SOSIAL BAGI PENYANDANG DISABILITAS DI KABUPATEN CIANJUR DIKAJI DALAM PERSPEKTIF HAK ASASI MANUSIA

2019 ◽  
Vol 11 (2) ◽  
pp. 131
Author(s):  
Tanti Kirana Utami

Law Number 39 of 1999 concerning Human Rights regulates the obligations of the State in protecting each of its citizens, including the respect, protection and fulfillment of the rights of persons with disabilities. Persons with disabilities should get the same opportunity in developing themselves through independence as human beings with dignity. Based on the foregoing it is very important to conduct research on persons with disabilities to find out the objective conditions of persons with disabilities in Cianjur district and to find out policies and programs for social protection activities for persons with disabilities. The research method used is normative juridical with descriptive analytical research specifications. The results showed that the condition of persons with disabilities in Cianjur Regency was caused due to birth or illness with various disabilities spread in several districts and social protection for persons with disabilities in Cianjur regency carried out in the form of providing various facilities and social security in stages. The conclusion of this study is the data of persons with disabilities in Cianjur Regency already included including social protection provided by the government. For this reason, it is expected that various facilities and social security will be improved and local regulations made

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.


2021 ◽  
Vol 5 (3) ◽  
Author(s):  
Yulia Emma Sigalingging ◽  
Aris Prio Agus Santoso

Referring to Article 28H paragraph (1) of the 1945 Constitution, the Government has tried to ensure the health of its citizens through the Covid-19 Vaccination program, but there are still people who refuse to be given the Covid-19 vaccination, and this has become a pro and con in the community. The formulation of the problem in this study is how to set sanctions for refusal of Covid-19 vaccination and how the right to refuse the Covid-19 vaccination is viewed from the point of view of Human Rights. This research method uses a normative juridical approach, with data collection from literature studies. The data obtained were analyzed qualitatively. Based on the results of the study, it was found that the sanctions for refusing the Covid-19 vaccine were in the form of imprisonment of 6 months to 1 year in prison or a fine of Rp. 500,000 - Rp. 1,000,000. In addition, there are sanctions in the form of delaying or discontinuing the provision of social security or social assistance, delaying or discontinuing government administrative services, and fines. In fact, refusing to be vaccinated against Covid-19 is a form of individual freedom that cannot be forced with all considerations to express his aspirations regarding the risks and consequences to his body. Where this should be respected by the Government as stated in Article 28J Paragraph (1) of the 1945 Constitution


2018 ◽  
Vol 7 ◽  
Author(s):  
Cowen Dziva ◽  
Munatsi Shoko ◽  
Ellen F. Zvogbo

Background: The Convention on the Rights of Persons with Disabilities came into place in 2006, as the main instrument for advancing the human rights of persons with disabilities. For many African states, the Convention came amidst ubiquitous marginalisation and discrimination of persons with disabilities. As expected, the Convention has been hailed as a landmark in the struggle to reframe the needs and concerns of persons with disabilities.Objectives: This article reviews the implementation of the Convention by the Zimbabwean government.Method: The study relies on reviews of extant literature on disability rights. Reviewed documents include the Convention, constitution and other related national laws, policies and measures pertaining to disability rights.Results: This article lauds the state for promulgating a disability-friendly constitution that resembles the Convention to effectuate a human rights approach to disability issues. Relatedly, the state came up with institutions that collaborate with research institutes and disability organisations to conduct research, provide services to persons with disabilities, raise awareness and advocacy and litigate for disability rights.Conclusion: In spite of these efforts, this article shows that Zimbabwe has yet to close the gap on the ideals of the Convention, mainly because of limited resources amongst state-funded institutions for advancing disability issues. The government of Zimbabwe is challenged to domesticate all provisions of the Convention and to provide resources to institutions for progressive realisation of the rights of persons with disabilities.


Author(s):  
Yuliia Nakonechna ◽  
Anastasia Rybalka

Relevance of the research topic. The development and improvement of the financial system of Ukraine is hindered by the low social responsibility of the state, society, and business. The modern transformation of principles and approaches to the determination of socially important social standards and the sources of their financing requires a deep theoretical understanding of the problems of social security of the population, therefore, the study of the issue of financing social guarantees by the state is timely and relevant. Formulation of the problem. Social guarantees are those essential elements in the functioning of the state, determine the stability of society and its security, and affect the implementation of the social and economic policies of the government. It is this element that should ensure the guarantee of a decent standard and quality of life for every citizen, and, consequently, a high level of well-being of the population as a whole. Analysis of recent research and publications. The role and essence of social guarantees in the fulfillment of the social function of the state has been thoroughly investigated in many scientific works of modern economists. A separate issue of financial support of social guarantees is the work of О. D. Vasilik,S. H. Batazhok, V. M. Grineva, V. P. Gorina, D. I. Sukhovиy, N. D. Hlazko, L. V. Lysyak, V. M. Oparin, V. B. Tropinа, V. M. Fedosov and others. Highlighting unexplored parts of a common problem. The question of ways to overcome the contradiction between the real needs of citizens receiving social support of the state and those financial opportunities (resources) of the state with which it can provide these needs of the population remains insufficiently studied. Setting goals, research objectives. The purpose of the article is to identify contemporary problems of financing state social guarantees in Ukraine. The goal determines the need to solve the following tasks: to analyze the nature, types of social guarantees, evaluate budget indicators of social security of citizens, identify obstacles and necessary steps towards the implementation of a full-fledged mechanism of financial guarantees of social protection of the population. Method or methodology of the study. When writing the article, a set of scientific research methods was used: general scientific and special methods, in particular, system-structural analysis and synthesis, the method of statistical analysis, comparison, generalization, as well as graphical and tabular methods to clearly illustrate the phenomena studied and the like. Statement of the main material (results of work). The article reveals the essence of state social guarantees as a system of financial support of an adequate standard of living of an individual. Priority tasks for ensuring the functioning in Ukraine of an effective financial mechanism for providing social guarantees to the population are highlighted. The article states that most of the financing of social guarantees is based on the expenses of the state budget and local budgets. The basic standard on the basis of which the calculation of the volume of social guarantees and benefits aimed at social protection and social security is carried out is the cost of living. An important source of financial support for social guarantees are social non-budget funds, which include the Pension Fund of Ukraine, the Social Insurance Fund and the Compulsory State Social Insurance Fund for Unemployment. The financial resources accumulated in them are directed to the material support of a significant part of the citizens of the state who are participants in the system of national pension and social insurance and are designed to overcome the consequences of social insurance events. Scope of the results. The theoretical provisions, conclusions and suggestions presented in the article, developed on the basis of the analysis of indicators of state financial support of social guarantees, develop the theory and practice of the policy of financing social guarantees in the country, allow us to identify ways and directions for improving it to achieve social protection and increase the welfare of the population. Conclusions and results can be used in planning social expenditures of the government, in socio-economic research of scientific analytical centers, in the educational process of economic faculties of higher educational institutions. Conclusions are consistent with the article. State social guarantees play an important role in the functioning of the state, because through the system of social guarantees the state affects the redistribution of GDP, under their influence indicators of financing various social programs are formed, which determines the directions and priorities of state policy. Based on the results of the study, it was concluded that it is necessary to draw up and publish a “social” budget - a product of public dialogue between state and non-state financial institutions, employers, independent authoritative economists, and public organizations, which will contribute to the development of civil society in a socially oriented country.


2017 ◽  
Vol 1 (2) ◽  
pp. 161
Author(s):  
Arie Purnomosidi

Berbicara tentang hak konstitusional, berarti membicarakan tentang hak dasar manusia yang dimuat dalam konstitusi. Hak-hak yang diatur dalam konstitusi merupakan batas yang tidak bisa dilanggar oleh penyelenggara Negara dalam menjalankan kekuasaan Negara, baik sebagai hak warga Negara atau hak asasi. Dalam UUD 1945 hak-hak yang secara tegas disebut sebagai hak asasi manusia yaitu sebagaimana termuat dalam Bab XA UUD 1945. Salah satu hak konstitusional yang diatur dalam UUD NRI 1945 adalah hak konsitutisional penyandang disabilitas. Hak konstitusional penyandang disabilitas ini perlu untuk diatur baik dalam konstitusi maupun di dalam undang-undang yang bertujuan bukan hanya untuk menjamin pemenuhan hak dan kebutuhan para penyandang disabilitas, tetapi juga memberikan tanggung jawab pada pemerintah dan masyarakat untuk lebih berperan aktif dalam memberikan perlindungan terhadap harkat dan martabat para penyandang disabilitas.<br /><br /><em>Discourse on constitutional rights includes the discussion about basic human rights as contained in the constitution. The rights stipulated in the constitution, both citizens as well as human rights, provide a limit which can not be infringed by the state administrators in performing their authority. In the Constitution of 1945 the rights which are explicitly referred to as human rights are contained in Chapter XA. One of the constitutional rights set forth in the constitution is the constitutional rights of persons with disabilities. The constitutional rights of persons with disabilities need to be regulated in the constitution as well as in legislation not only to ensure the fulfillment of the rights and needs of persons with disabilities, but also to provide the basis for the responsibility of the government and the community to be more active in providing protection of the dignity of persons with</em><br /><em>disabilities.</em>


2019 ◽  
Vol 13 (2) ◽  
pp. 513-531 ◽  
Author(s):  
Elizabeth Presler-Marshall ◽  
Nicola Jones ◽  
Kifah Bani Odeh

AbstractDrawing on qualitative research undertaken with adolescents with disabilities from refugee and host communities in Jordan and the State of Palestine, this article critically interrogates the framing of child neglect, which to date has situated the state as a protector rather than a perpetrator, the narrow understanding of adolescent needs and the responsibility of international actors for ensuring that the full range of human rights of adolescents with disabilities is supported. We frame our findings on adolescent neglect through a multidimensional capabilities lens and argue that although both adolescence as a distinct lifecycle stage and the rights of persons with disabilities have moved up the development agenda, adolescents with disabilities remain largely invisible, and especially so in conflict-affected contexts. Our findings highlight that adolescents with disabilities have limited access to schooling, skills building for economic empowerment and healthcare, due to accessibility challenges, cost and highly limited specialist provisioning. Moreover, adolescents with disabilities also have very little access to psychosocial support or opportunities to develop the independence which is a hallmark of adolescence and critical for successful transitions into early adulthood. Rather than working to meet those needs, the government and UN agencies tasked with provisioning in conflict-affected areas continue to miss opportunities to link young people with disabilities to existent services and tend to rely on NGOs to deliver small-scale, time-bound programming rather than assuming responsibility for appropriate programming at scale.


2020 ◽  
Vol 6 (1) ◽  
pp. 82
Author(s):  
Muhammad Munir

Human Rights as basic rights that are inherently inherent in human beings with universal nature, need to be protected, respected, and maintained, so that the protection and human rights of vulnerable groups, especially persons with disabilities. Persons with disabilities also have the same right in employment opportunities to obtain welfare through equal employment opportunities without discrimination. Although the Government has paid attention to the rights of workers with disabilities at work including protection of accessibility, but unfortunately in reality these regulations do not work properly. People with disabilities are not unable to work but are not given the opportunity so they cannot work, persons with disabilities are not because of their will but it is God's will and does not mean they cannot do anything when there are disabilities who cannot see but they can walk, can hear , and so forth. Basically in the world of employment already has a legal umbrella, namely Law No. 13 of 2003 concerning Manpower, which in it regulates, all matters relating to labor in the time before, during, and after the work period. The law also regulates the rights and obligations of business actors, the State and workers / laborers. So in this case concerning the rights of persons with disabilities who have equality and equality with other humans, especially in terms of work. The author would like to further analyze the rights of persons with disabilities to obtain employment in terms of their benefit, namely using the Islamic legal method Maslahah Mursalah.


Author(s):  
Lutz Leisering

The Universal Declaration of Human Rights (1948) proclaimed the equality of all human beings in dignity and rights. The right to social security, however, has been taken more seriously only since the 2000s, through calls for ‘Social security for all’ and ‘Leaving no one behind’. The book investigates a major response, social cash transfers to the poor. The idea of simply giving money to the poor had been rejected by all major development organizations until the 1990s, but since the early 2000s, social cash transfers have mushroomed in the global South and on agendas of international organizations. How come? What programmes have emerged in which countries? How inclusive are the programmes? What models have international organizations devised? Based on unique quantitative and qualitative data, the book takes stock of all identifiable cash transfers in all Southern countries and of the views of all major international organizations. The author argues that cash transfers reflect broader changes: new understandings of development, of human rights, of global risks, of the social responsibility of governments, and of universalism. Social cash transfers have turned the poor from objects of charity into rights-holders and agents of their own lives and of development. A repertoire of cash transfers has evolved that has enhanced social citizenship, but is limited by weak political commitments. The book also contributes to a general theory of social policy in development contexts, through a constructivist sociological approach that complements the dominant approaches from welfare economics and political economy and includes a theory of social assistance.


2017 ◽  
Vol 63 (2) ◽  
pp. 265-283
Author(s):  
Subhendu Ranjan Raj

Development process in Odisha (before 2011 Orissa) may have led to progress but has also resulted in large-scale dispossession of land, homesteads, forests and also denial of livelihood and human rights. In Odisha as the requirements of development increase, the arena of contestation between the state/corporate entities and the people has correspondingly multiplied because the paradigm of contemporary model of growth is not sustainable and leads to irreparable ecological/environmental costs. It has engendered many people’s movements. Struggles in rural Odisha have increasingly focused on proactively stopping of projects, mining, forcible land, forest and water acquisition fallouts from government/corporate sector. Contemporaneously, such people’s movements are happening in Kashipur, Kalinga Nagar, Jagatsinghpur, Lanjigarh, etc. They have not gained much success in achieving their objectives. However, the people’s movement of Baliapal in Odisha is acknowledged as a success. It stopped the central and state governments from bulldozing resistance to set up a National Missile Testing Range in an agriculturally rich area in the mid-1980s by displacing some lakhs of people of their land, homesteads, agricultural production, forests and entitlements. A sustained struggle for 12 years against the state by using Gandhian methods of peaceful civil disobedience movement ultimately won and the government was forced to abandon its project. As uneven growth strategies sharpen, the threats to people’s human rights, natural resources, ecology and subsistence are deepening. Peaceful and non-violent protest movements like Baliapal may be emulated in the years ahead.


2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  


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