scholarly journals Rethinking the Constitutionality of Indonesia’s Flawed Anti-Blasphemy Law

2021 ◽  
Vol 7 (2) ◽  
pp. 273
Author(s):  
Cekli Setya Pratiwi
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Expression ◽  
Constitutional Court ◽  
Human Rights Law ◽  
Religious Expression ◽  
The Core ◽  
The Law ◽  
Public Disorder ◽  
The Right

This study examines the constitutionality of Indonesia’s Anti-Blasphemy Law, which has been challenged unsuccessfully at the Constitutional Court on three occasions, in 2009, 2012, and 2018. While the Court has acknowledged the law’s provisions are open to multiple interpretations, it insists on maintaining the law as it is, on the grounds that the right to religious expression is not absolute, as freedom and rights are restricted under Article 28J of the 1945 Constitution. The Court believes that canceling the law would create a dangerous legal vacuum. The ambiguity of the Court’s decisions on the constitutionality of the Anti-Blasphemy Law is illustrated in recent blasphemy cases that have not been explored in previous studies. This study uses a doctrinal legal approach to examine why the Anti-Blasphemy Law is flawed and to analyze to what extent the ‘particular constitutionalism’ approach influenced the Court’s decisions when declaring the constitutionality of the law. As such, the Court’s misinterpretation of the core principles of the competing rights – the right to religious freedom and the right to freedom of expression – and its standard limitation, have been ignored. The findings of this study show that in dealing with the Anti-Blasphemy Law, the Court has a narrow and limited recognition of human rights law. The Court’s fear of revoking the Anti-Blasphemy Law is based only on assumptions and is less supported by facts. The Court has failed to realize that the implementation of the flawed Anti-Blasphemy Law in various cases has triggered public disorder, with people taking justice into their own hands.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

Legal Pluralism, Human Rights and the Right to Vote: The Case of the Noken System in Papua

2021 ◽  
Vol 22 (2) ◽  
pp. 255-286
Author(s):  
Ignatius Yordan Nugraha
Keyword(s):  
Human Rights ◽  
Local Population ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Right To Vote ◽  
The Right ◽  
Legal Pluralist

Abstract The goal of this article is to explore the clash between international human rights law and a legal pluralist framework in the case of the noken system and also to investigate potential solutions to the clash. Elections in Indonesia are generally founded on the principle of direct, universal, free, secret, honest and fair voting. There is a notable exception in the Province of Papua, where tribes in the Central Mountains area are following the noken system. Under this system, votes are allocated to the candidate(s) based on the decision of the big man or the consensus of the tribe. The Indonesian Constitutional Court has accepted this practice as reflecting the customs of the local population. However, this form of voting seems to be contrary to the right to vote under international human rights law, since article 25(b) of the International Covenant on Civil and Political Rights stipulates that elections shall be held genuinely by universal suffrage and secret ballot to guarantee the free will of the electors. Consequently, the case of the noken system in Papua reflects an uneasy clash between a legal pluralist approach and universal human rights.

scholarly journals Academic Freedom and Its Protection in the Law of European States

2016 ◽  
Vol 3 (3) ◽  
pp. 254-345
Author(s):  
Klaus D. Beiter ◽  
Terence Karran ◽  
Kwadwo Appiagyei-Atua
Keyword(s):  
Higher Education ◽  
Human Rights ◽  
Academic Freedom ◽  
Freedom Of Expression ◽  
European Convention ◽  
The European Union ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
The Right

Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.

Human rights violations during the COVID-19 pandemic

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohammed R.M. Elshobake
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Freedom Of Expression ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Content Type ◽  
International Human ◽  
The Right

Purpose The purpose of this paper is to explore the most prominent human rights violations during the COVID-19 pandemic in accordance with international human rights law. Design/methodology/approach Through doctrinal and legal study and content analysis, this paper analyses the important relevant legal provisions under International human rights law and applies these provisions to the reality of managing the COVID-19 crisis to identify the most prominent human rights violations during the COVID-19 outbreak. This research paper considered as a review paper in that it provides a review of the most prominent measures taken during the COVID-19 crisis, which constitutes violations of international human rights law. Findings It is concluded that some measures that have been taken by countries to confront the COVID-19 pandemic have constituted violations of human rights and did not comply with the legal conditions to restrict human rights. Indeed, the COVID-19 pandemic has shown the ugly fractures in health-care systems, health inequities, racism and discrimination, Undermining the right to freedom of expression and the right to access information, gross negligence in protecting detainees from COVID-19 infection, all of these constitute clear violations of the principles of international human rights law. Research limitations/implications The spread of COVID-19 has not stopped, and its effects still continue, including human rights violations. Therefore, this paper cannot enumerate all human rights violations that occur during the spread of COVID-19. Practical implications Based on the results in this paper, governments need to be more prepared to face any health crisis at all levels including health care, which would reduce human rights violations. Social implications This research paper reflects positively on the social reality, as the adoption of its recommendations leads to the provision of adequate health care to all members of society in accordance with the principles of human rights, granting them the right to access information, protecting their right to freedom of expression, reducing the phenomenon of racism and discrimination and providing adequate health care to all detainees. Originality/value This paper studies an up-to-date topic that we are still living and seeing its effects. The benefit of this paper is to provide recommendations that protect human rights during the COVID-19 pandemic.

scholarly journals Freedom of Religion and Freedom from Religion

2016 ◽  
Vol 19 (01) ◽  
pp. 3-13 ◽  
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Well Being ◽  
European Convention ◽  
Freedom Of Religion ◽  
Religious Expression ◽  
European Court ◽  
Religious Extremism ◽  
Domestic Courts ◽  
The Right

The right to freedom of religion, enshrined in the European Convention on Human Rights has been frequently tested, both in UK courts and in the European Court of Human Rights, where successive decisions over a number of years led to the establishment of several well-known principles. However, in recent years religious extremism has brought into focus a tension between the right of freedom of religious expression and the well-being of individuals (not least children) and society. The Strasbourg court requires neutrality on the part of the state and its courts. However, unlike the European Court of Human Rights, the domestic courts have had to face situations where religious observance can be seen to be causing serious harm and where interference in religious freedom and family life has been shown to be justified.

scholarly journals The Arctic Sunrise Incident: A Multi-faceted Law of the Sea Case with a Human Rights Dimension

2014 ◽  
Vol 29 (2) ◽  
pp. 244-289 ◽  
Author(s):  
Alex G. Oude Elferink
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Freedom Of Expression ◽  
Exclusive Economic Zone ◽  
The Arctic ◽  
Law Of The Sea ◽  
Human Rights Law ◽  
Economic Zone ◽  
The Law ◽  
Oil Rig

On 18 September 2013, the crew of the Greenpeace vessel Arctic Sunrise tried to access the Prirazlomnaya oil rig, which was operating within the Russian Federation’s exclusive economic zone in the Arctic. The following day the Russian authorities boarded and arrested the Arctic Sunrise and detained its crew and charged them with various offenses. The flag state of the vessel, the Netherlands, started an arbitral procedure against the Russian Federation. The present article looks at the issues of international law raised by the arrest of the Arctic Sunrise—which both concern the law of the sea and human rights law—and the arbitration initiated by the Netherlands. Human rights law is essential for assessing the kind of measures a coastal state may take in enforcing its legislation based on the law of the sea in its exclusive economic zone. Providing sufficient room for the freedom of expression may limit the scope of action that might otherwise exist.

5. Deprivations of life and liberty

2015 ◽  
Author(s):  
Andrew Clapham
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Fair Trial ◽  
Human Rights Law ◽  
Right To Life ◽  
Legal Restrictions ◽  
The Right ◽  
Association Property

‘Deprivations of life and liberty’ considers the rights to life and liberty, which may be limited through legal restrictions designed to protect a defined legitimate objective. The human rights approach starts from a presumption that we all have rights to liberty, freedom of expression, belief, assembly, association, property, and fair trial. Any restriction on these rights has to be justified as proportionate to the aims pursued by the restriction according to a four-stage schema developed in human rights law. Is the right to life absolute? When is the detention of an individual lawful?

scholarly journals Claims of Religious Morality: The Limits of Religious Freedom in International Human Rights Law

2016 ◽  
Vol 10 (2) ◽  
pp. 341-365 ◽  
Author(s):  
Alison Mawhinney
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Conceptual Status ◽  
European Court ◽  
Freedom Of Thought ◽  
The Right ◽  
Religious Morality ◽  
Historical Treatment

Abstract The right to freedom of thought, conscience and religion is not a constant. As human rights law has progressively acquired a conceptual status as a means of reconciling tensions, the substantive legal content of the right to freedom to manifest religion or belief has widened. This paper argues that the admittance of claims of religious morality within this expanded understanding of the right exposes the conceptual imprecision underlying the right and presents a complex challenge to human rights supervisory bodies to address such claims without undermining their founding objectives. The first part of the paper traces the historical treatment of the right to freedom of religion or belief as a means of understanding its evolving and multifaceted nature. Part II draws on this overview to develop a taxonomy of aspects of the right and, in particular, it suggests that claims of religious morality ought to be viewed and treated as a distinct facet. The final part of the paper examines a group of recent cases before the European Court of Human Rights to explore current judicial responses to such claims and considers the risks posed by claims of religious morality for the contemporary right to freedom of thought, conscience, and religion.

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