scholarly journals SEBUAH WACANA HAM TENTANG “HAK ATAS KEPEMILIKAN”

2019 ◽  
Vol 2 (1) ◽  
pp. 35
Author(s):  
Nalom Kurniawan

Among vatious rights in the human rights discourse. The right of ownership is one of the rightswhich is interesting to discuss. It is because regulations of rights of ownership is not stated inthe derivation of the UDHCR (ICCPR/ICESCR) covenant. Moreover, various concepts andviews on the rights of ownership have different characteristics and uniqueness. Protection ofthe right of ownership may conflict with other rights (public interest).

2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.


2015 ◽  
Vol 12 (1) ◽  
pp. 81-115
Author(s):  
Siobhán Airey

This article addresses the specific norm-generation function of indicators in a human rights context, focusing on ways that indicators foreground and legitimize as ‘truth’ particular worldviews or values. It describes the stakes of this process through elaborating on the concept of ‘indicatorization’, focusing on one moment in which the relationship between human rights and development was defined through indicators: the indicatorization of the Right to Development by a un High Level Task Force in 2010. In this initiative, different perspectives on human rights, equality, participation and development from within the un and the World Bank were brought together. This resulted in a subtle but significant re-articulation of ideas contained in the 1986 un Declaration on the Right to Development. The article argues that how indicatorization happens, matters, and has important implications for the potential role of human rights discourse within international economic relations.


2013 ◽  
Vol 48 (3) ◽  
pp. 99-110 ◽  
Author(s):  
Cornelias Ncube

This paper examines the implications of Zimbabwe's 2013 harmonised elections on the opposition's continued deployment of the rights-based discourse to make moral and political claims against and demands of the state. Since 2000, two polarising strands of the human rights discourse −1) the right to self-determination and 2) civil and political rights – were deployed by the state and the opposition, respectively, in order to challenge extant relations and structures of power. The acutely strained state–society relations in post-2000 Zimbabwe emanated from human rights violations by the state as it responded to challenges to its political power and legitimacy. However, the relative improvement in the human rights situation in the country since the 2009 coalition government came into office, and during and since the recently concluded peaceful 2013 elections – the flawed electoral process itself notwithstanding – suggests a need for alternative new ways to make moral and political demands of the state in the future.


Author(s):  
Carole R. Fontaine

This essay explores the socially restrictive traditions that cause scriptural groups to reject the idea of universal rights and equal access to economic, social and cultural rights. This hermeneutical situation is difficult to tolerate, as our multicultural planet is seeking survival. Ethical issues and the principles of a culture’s morality are often partly religious in nature. The UNDUHR recognizes the right to believe and to promote one’s own beliefs, and it considers these particular rights as being part of a cultural “right to affiliate.” Nevertheless, international human rights law has not successfully promoted full human rights in countries of “Religions of the Book.” The essay thus suggests that appeals to the Bible grounded in human rights must be woven into contextual exegetical work, human rights discourse, and feminist critique. Even so, for women, foreigners, and “Others,” the Bible will remain a serious obstacle for enjoying full economic, social, and cultural rights.


2007 ◽  
Vol 27 (1/2) ◽  
Author(s):  
Tobin Siebers

A major debate over human rights discourse concerns whether human rights should be guaranteed by the nation-state based on citizenship or whether they should be guaranteed internationally on the basis of the status of the rights-bearing person as human. This essay intervenes in this debate, via an analysis of Hannah Arendt's idea of the right to have rights, to argue that disability, as a critical indicator of universal human frailty, should provide the basis for international human rights.


2020 ◽  
Vol 38 (2) ◽  
pp. 84-93
Author(s):  
Nico Schrijver

In this column I discuss the background, evolution, legal status and functions of the human right to development, with special reference to the proposed draft Convention on this subject, published by the Human Rights Council in January 2020. It notes the widely diverse views on the added value of the right to development. In my view, taking the discussion on the formulation, consolidation and implementation of the right to development seriously, is important to create a balance in the international human rights discourse by showing a genuine interest in matters raised for long by developing countries. This could serve the cause of the universality, indivisibility and interdependence of the global human rights architecture. However, it is questionable whether the adoption of a new Convention on the Right to Development would serve the cause of the right to development. The right to development is already well rooted in the existing core human rights treaties and has the potential to play a key role as a cluster right, an integrative right and a bridging right. Therefore, I suggest some alternative avenues for realising and operationalising the right to development.


2020 ◽  
Vol 6 (Summer) ◽  
pp. 47-59
Author(s):  
Yumna Jamal

Rights are meant to make meanings and to have positive impacts on people’s lives. By having space ordained by the interests of dominant powers and people confined within a space that is delineated, controlled, and divided into class, racial, and gender hierarchies, the right to space and freedom of movement, mostly for those in the Global South, is rendered meaningless. Drawing on my lived experience, I explore the connection between space and power on two different levels: national institutions, and across international borders over six-years period between 2011 and 2016. Reflecting on the policies and politics of space, I examine the implications of control over space on people’s lives and identities. I argue that the dominant discourse of human rights, as it appears, not only violates the basic right to free choice but also serves as instrumental to the maintenance of the current world order and hierarchies. The fact that rights, today, very much rest on spatial, capital, gender, and racial divisions suggests that the UN human rights political project is insufficient and requires us to seriously consider its devastating effects, even when these are unintentional. Thus, we must rethink rights beyond nation-state and its ideological institutions and open up its scope for constructive alternative mechanisms and strategies that center the marginalized rather than maintain a hierarchal system in which some people are unfairly privileged over others. Until we rethink and rewrite international human rights discourse in a way that stands for justice for all and that fosters creative alternatives, it will continue to be hollow, dysfunctional, and even instrumental to existing racial, class, and gender hierarchies.


2021 ◽  
pp. 174387212097820
Author(s):  
Antonio Pele ◽  
Stephen Riley

We argue, drawing on the work of Didier Fassin, that the right to health can be understood as an essential part of a radical politics of life. Since the right to health implies fostering the well-being of individuals in a way that is structural, progressive and non-discriminatory, the right not only problematises the ‘governmentality’ approach to power but allows push-back against statist and market discourses through a specific phenomenology of right. The discourse of rights – like the pandemic itself – oscillates between general and particular in a way that makes normative responses unstable. Nonetheless it is this dialectic that is characteristic of human rights discourse and allows a right to health to be the proper response to pandemic without it being subsumed within neoliberal logic. A politics of life is a multi-focussed analysis of life, health and society potentially resisting the appropriation of biological life by neoliberalism.


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