scholarly journals The Constitutional Will In Human Rights Protection For Refugees

2017 ◽  
Vol 3 (1) ◽  
pp. 119
Author(s):  
Oly Viana Agustine

Human rights protection granted to refugees in Indonesia has not received serious attention, in particular for those who are included in the cross-border refugees. This issue is a question of how the Constitution mandates a protection to them, whether it is an obligation of the government of Indonesia or it is volunteerism alone. The provisians are addressed in Article 28A, Article 28B paragraph (2), Article 28D paragraph (4), Article 28E paragraph (1), Article 28G paragraph (2), and Article 28H paragraph (1), and Article 28J paragraph (1), Broadly speaking, the Indonesian constitution calls for better protection of refugees to internally displaced persons and refugees across borders. This is reflected in several articles in the 1945 Constitution that mention the word “everyone” in the subject which meant regardless of citizenship status or population. This is certainly in line with the values of human rights that have been recognized along with the universality of human rights that are applicable. Therefors the will of the constitution on refugees needs to be implemented in legislation in Indonesia, which describes in details the human rights protection to internally displaced persons and refugees state that the will of the constitution in the protection of human rights to refugees be implemented correctly.

Author(s):  
Rhona K. M. Smith

This chapter examines human rights protection for four specific groups: women, children, internally displaced persons, and refugees. It first explains why group rights evolved in a system of human rights that, from the outset, was supposed to be universal and then discusses: the particular needs of these groups; the evolving international and regional human rights framework; and the extent to which the legal framework addresses the needs of the group in question.


Author(s):  
Rhona K. M. Smith

This chapter examines human rights protection for six specific groups: women, children, elderly, internally displaced persons, stateless persons, and refugees. It first explains why group rights evolved in a system of human rights that, from the outset, was supposed to be universal and then discusses the particular needs of these groups, the evolving international and regional human rights framework, and the extent to which the legal framework addresses the needs of the group in question.


2019 ◽  
Vol 6 (1-2) ◽  
pp. 29-42
Author(s):  
Maryam Idris Abdulkadir

The crises from the northeastern part of Nigeria and neighbouring countries especially around the Lake Chad region (Cameroun and Chad) have created a lot of internally displaced persons (IDPs) and refugees in the country. This has led to creation of such camps that are scattered all over the country, that is, in the North East, South, South East and the Federal Capital Territory, Abuja. A lot of humanitarian crises occur in such camps, the most disturbing of which is a violation of certain fundamental human rights, like right to liberty and right to dignity, exploitation and sexual assault. This has led to the creation of Refugee and IDP camps. This article examined the role that law clinics can play in addressing the legal issues highlighted. The history and development of legal education in Nigeria and how it gave birth to law clinics was traced. Moreover, the causes of creation of refugee and IDP camps were discussed. The article recommends that law clinics, through social justice, access to justice and client interview, can play a tremendous role in addressing the legal problems faced by the inhabitants of the camps, and this will also help achieve one of the learning outcomes of the course which deals with humanitarian law. The article further states that the presence/role of law clinics will not only benefit the students of the law clinic and the inhabitants of the camps but also benefit the Federal Government of Nigeria through data collection and statistics from these camps, and it will be a means for the government to curtail human rights violation in such areas.


The subject of our research will be international protection as it is a theoretical concept, far from the practical meaning that relates to the international conventions and declarations on the protection of human rights and the mechanisms associated with them. It must now evolve only after long periods of time, and with timid beginnings, in this study we must address the stages in the development of international protection. Since international protection-in the sense that this research deals with - concerns international affairs, it has been affected by the development of international relations and similar problems, so this study will also address those problems, which have hindered the development of international protection within the methodology of comparative analysis.


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