scholarly journals The Right to a Prosperous Life Born and Inner: Gender Change Perspective

2021 ◽  
Vol 5 (2) ◽  
pp. 101-109
Author(s):  
Mochamad Ade Syukur NUR ALAM ◽  
Abdul Rachmad BUDIONO ◽  
Abdul MADJID ◽  
Istislam
Keyword(s):  
Human Rights ◽  
Sex Change ◽  
Human Rights Law ◽  
Analysis Technique ◽  
Pros And Cons ◽  
The Republic ◽  
The Individual ◽  
The Right ◽  
Health Care Safety ◽  
Gender Change

Gender change is the right of every citizen, but this invites pros and cons in society. Although the 1945 Constitution of the Republic of Indonesia has regulated human rights, there is no specific mention of human rights related to sex change. This study aims to determine, examine, and analyze the meaning of "the right to a prosperous life born and inner" as referred to in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia and Article 9 paragraph (2) of the Human Rights Law, from the perspective of justice related to sex change in Indonesia. Indonesia. This research is a normative legal research with philosophical, legislative, conceptual, case and comparative approaches. The analysis technique uses descriptive, comparative, evaluative and argumentative techniques. The results of the study indicate that the meaning of the right to live in physical and spiritual prosperity in the perspective of gender change is the right to conditions in which an individual with a gender disorder gets health care, safety, and is free from all kinds of disturbances and suffering in order to develop physically, mentally, and physically. spiritual, and social so that the individual realizes his own abilities, can cope with pressure, can work productively, and is able to contribute to himself, his family, community, and society in his environment.

scholarly journals Formulation of Legal Provisions Concerning Gender Change

2021 ◽  
Vol 8 (7) ◽  
pp. 738
Author(s):  
Mochamad Ade Syukur Nur Alam ◽  
Abdul Rachmad Budiono ◽  
Abdul Madjid ◽  
Istislam Istislam
Keyword(s):  
Sex Change ◽  
Ambiguous Genitalia ◽  
Legal Certainty ◽  
Legal Norms ◽  
Legal Provisions ◽  
Analysis Technique ◽  
Pros And Cons ◽  
The Right ◽  
Gender Change ◽  
Medical Process

Sex change that is carried out through a medical process or commonly called sex change surgery, invites pros and cons in the community. The purpose of this study is to formulate regulations regarding the formulation of legal provisions regarding sex change that can reflect justice, benefit, and legal certainty as well as support the welfare of Transgender and Ambiguous Genitalia sufferers. This research is a normative legal research with philosophical, legislative, conceptual,case and comparative approaches. The analysis technique uses descriptive, comparative, evaluative and argumentative techniques. The results of the study indicate that the formulation of legal provisions regarding gender change is the use of the phrase the right to live in physical and spiritual prosperity in the formulation of legal norms as a large group that can reach various things, and the prohibition against plastic surgery to change identity, except for patients who have received court decision.

scholarly journals EKSISTENSI HUKUMAN MATI DITINJAU DARI ASPEK HAM SIPIL DALAM PERSEPEKTIF HAK UNTUK HIDUP

2021 ◽  
Vol 3 (2) ◽  
pp. 72-91
Author(s):  
I Gusti Bagus Hengki
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Research Methodology ◽  
Scientific Paper ◽  
Human Rights Law ◽  
Right To Life ◽  
The Republic ◽  
Perpetrators And Victims ◽  
The Right

This scientific paper is expected to find out how the existence of the death penalty is viewed from the aspect of Civil Human Rights in the perspective of the right to life and whether the existence of the death penalty is contrary to the ideology of the Pancasila State and the 1945 Constitution of the Republic of Indonesia and the Human Rights Law with a normative research methodology with using a statutory approach. From the results of the discussion that the existence of the death penalty in terms of the Civil Human Rights aspect in the perspective of the right to life still needs to be maintained, because it does not conflict with the ideology of the Pancasila State and the 1945 Constitution of the Republic of Indonesia, the Human Rights Law, UDHR and ICCPR, as well as religion. in Indonesia, as long as it is not carried out arbitrarily, in accordance with the provisions of the legislation. This needs to be done because to provide protection for individual perpetrators and victims against acts of revenge, emotional, uncontrollable, vigilante, so that it does not guarantee that the death penalty is abolished. Indeed, there are parties who are pro and contra about the death penalty by both underpinning Pancasila, all of which is to make Pancasila a "Justification".   Tulisan ilmiah ini diharapkan dapat mengetahui bagaimana eksistensi  hukuman mati  ditinjau dari aspek  HAM Sipil dalam perspektif hak untuk hidup  dan apakah eksistensi  hukuman mati bertentangan dengan  ideologi Negara Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 serta  Undang-Undang HAM dengan metodologi penelitian normatif dengan menggunakan jenis pendekatan perundang-undangan (statute Approach). Dari hasil pembahasan bahwa eksistensi hukuman mati ditinjau dari aspek HAM Sipil dalam perspektif Hak untuk hidup  masih perlu dipertahankan, karena tidak bertentangan dengan ideologi Negara Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, Undang-Undang HAM, UDHR dan ICCPR, maupun agama yang ada di Indonesia, asal dilaksanakan  tidak sewenang-wenang, sesuai dengan ketentuan peraturan perundang-undangan. Hal ini perlu diadakan  karena untuk memberikan perlindungan terhadap individu pelaku dan korban terhadap tindakan balas dendam, emosional, tidak terkendali, main hakim sendiri, sehingga tidak menjamin bahwa kalau hukuman pidana mati ditiadakan.  Memang ada pihak yang pro dan kontra tentang hukuman mati dengan sama-sama mendasari Pancasila, semuanya itu untuk menjadikan Pancasila sebagai “Justification“.

Human Rights, Ownership, and the Individual

2019 ◽  
Author(s):  
Rowan Cruft
Keyword(s):  
Human Rights ◽  
The State ◽  
Moral Rights ◽  
Collective Good ◽  
Human Rights Law ◽  
Economic Rights ◽  
Property System ◽  
The Individual ◽  
The Right

What do we mean by rights, and can our use of the concept be justified? This book offers a partial vindication of the concept of a right, defending its use in relation to human rights while questioning it in relation to property. It starts with a new ‘Addressive’ account of the nature of rights as bringing together duty-bearer and right-holder first-personally—a theory which moves beyond and complements traditional Interest and Will Theories. This Addressive account implies that a right exists pre-institutionally (as a ‘natural’ or ‘moral’ right) only when a duty owes its existence predominantly to the right-holder’s good. On this basis, the book defends human rights law and practice as justifiably institutionalizing certain pre-legal moral rights held against other individuals and the state, including socio-economic rights. This defence proceeds independently of whichever conception of ‘the important human features’ (e.g. agency, capabilities, freedoms, interests, needs) one takes to underpin human rights—though it does depend on a distinction between individual and other goods. The book ends by arguing that for much property, conceiving the relevant duties in rights terms can mislead us into overlooking their foundation in the collective good. An alternative non-rights property system—broadly resembling modern markets but not conceived in terms of rights—is outlined. The result is a defence of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, while pressing new doubts about much property as an individual right.

scholarly journals Freedom of speech as a fundamental right within the situational context of the Republic of Moldova and Transnistria

2021 ◽  
pp. 29-36
Author(s):  
Marin Domente ◽  
◽  
◽  
Keyword(s):  
Human Rights ◽  
Public Discourse ◽  
Freedom Of Expression ◽  
European Convention ◽  
Human Right ◽  
Public Authorities ◽  
Individual Level ◽  
The Republic ◽  
The Individual ◽  
The Right

The right to freedom of expression and information is guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) in all member states of the Council of Europe. The case law of the European Court of Human Rights (ECHR) applying Article 10 must be considered an international standard of authority on the protection of this human right, including the right to express, transmit and receive opinions and information without the interference of public authorities. Freedom of expression is one of the most cherished constitutional rights in democracies. Freedom of expression affects every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. Moreover, it is frequently mentioned in public discourse and has inspired an impressive volume of legal and philosophical literature. Since its inclusion in Article 19 of the Universal Declaration of Human Rights, the right to freedom of opinion and expression has been protected in all relevant international human rights treaties. In international law, the freedom to express opinions and ideas is considered essential both at the individual level, insofar as it contributes to the full development of a person, and being a cornerstone of a democratic society.

scholarly journals Prevention of Child Marriage Age in the Perspective of Human Rights

2018 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Rudyanti Dorotea Tobing
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Child Marriage ◽  
Human Rights Law ◽  
Marriage Law ◽  
Marriage Age ◽  
Family Household ◽  
The Republic ◽  
The One ◽  
The Right

One of the rights guaranteed by the 1945 Constitution of the Republic of Indonesia is the right to marry and have children. Marriage is the beginning of the process of embodiment of the formation of a family in human life. Therefore, marriage is not merely the fulfillment of biological needs, but more than that. Marriage is a part of Human Rights stipulated in Article 10 of the Human Rights Law that everyone shall have the right to start a family and to continue the offspring through legitimate marriage and it may only take place at the free will of the prospective husband and future wife. Marriage is the inner bond between a man and a woman as a husband and wife with the aim of forming a happy and eternal family (household) based on the One Supreme God (Article 1 of the Marriage Law). Based on the article, it can be seen that the purpose of marriage is to establish a happiness and an eternal household based on the One God. Marriage is permissible for those who have met the age limit for marriage as set forth in Article 7(1) of the Marriage Law, for man nineteeen years old and for woman sixteen years old, but in fact under age marriages still happen. According to human rights perspective, under age marriage is the action of grabbing children freedom, namely the right to grow and develop optimally. Prevention of under age marriage, should be done so the children still get their basic rights.

Human Rights as Everyone’s Business

2019 ◽  
pp. 167-194
Author(s):  
Rowan Cruft
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
The State ◽  
Human Rights Violations ◽  
Human Rights Law ◽  
Collective Goods ◽  
The Individual ◽  
The Right

The first half of Chapter 10 addresses criticisms of the conception of human rights developed in Chapter 9: that it overlooks how human rights law protects collective goods rather than the individual, and that it overlooks the centrality of the state as duty-bearer in human rights law. The author’s response includes noting that state-focused human rights law is only one way in which ‘natural’ human rights are institutionalized: criminal law and non-law policy also play human rights roles. The chapter’s second half argues that human rights not only exist ‘for the right-holder’s sake’ (as in Chapters 7–9) but are also rights whose protection is distinctively ‘everyone’s business’: rights with which any human anywhere can show solidarity by demanding their fulfilment. This does not imply that human rights violations in one state are equally every state’s business. The chapter ends by summarizing Part II (Chapters 7–10) as vindicating the idea of human rights.

scholarly journals WAIVER OF HUMAN RIGHTS: A RIGHT OR A CHALLENGE?

2020 ◽  
pp. 5-18
Author(s):  
Nelly Arakelyan
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Human Rights Law ◽  
European Court ◽  
The Republic ◽  
Definition Of ◽  
The Right ◽  
Classical Perception

The author discusses the new tendencies of waiving human rights. In the article they are qualified as a new emerging institute of Human Rights Law. The definition of human rights waiver is discussed, as well as the necessity to give a legal regulation to it. The author presents the existing definitions of human rights waiver, but does not share any of them, particularly most of them define human rights waiver as not utilization of human rights, but the author calls this definition as a passive application of human rights, whilst waiver of human rights has its own content which is discussed in the article in details. Human rights waiver is discussed in the light of the co-relation of the right to autonomy and the principle of paternalism. The author presents some case law on waiver of human rights, which is very rare. Specifically, the author presents the case law of the Constitutional Court of the Republic of Armenia and the case law of the European Court of Human Rights. The legal positions of the mentioned bodies can serve as good criteria in dealing with human rights waiver. Particularly, the Constitutional Court of the Republic of Armenia held a decision dedicated to this issue and qualified waiver of human rights as an exception from the classical perception of human rights ideology. The author agrees with idea reflected in decision of the Constitutional Court concerning the correlation of human rights waiver and right to autonomy, according to which right to autonomy cannot be absolute and that absolute waiver of human rights can, in its turn, violate the human rights. In this context the author highlights the necessity of defining the limits of human rights waiver offering two important directions for discussion of this question; the scope of the rights which can and cannot be waived, the framework and criteria of a waiver of human rights.

The Personal Scope of the Right to Life Under Article 2(1) of the European Convention on Human Rights After the Judgment in A, B and C v. Ireland

2012 ◽  
Vol 13 (6) ◽  
pp. 783-792 ◽  
Author(s):  
Stefan Kirchner
Keyword(s):  
Human Rights ◽  
Private Life ◽  
European Convention ◽  
Human Rights Law ◽  
Abortion Law ◽  
European Court ◽  
The Republic ◽  
The Right ◽  
Roe V Wade ◽  
Domestic Law

The right to private life under Article 8 of the European Convention on Human Rights (the Convention, or ECHR) is one of the widest rights in European human rights law. Applicants often rely on the norm when they seek to justify all kinds of behavior, which may be limited or even outlawed through domestic law. Therefore, it comes as no surprise that in the case of A, B and C v. Ireland, which was decided by the European Court of Human Rights in December 2010, the applicants relied on Article 8 to complain about the restrictive anti-abortion law in the Republic of Ireland. Contrary to predictions that A, B and C v. Ireland could become “Europe's Roe v. Wade,” referring to the U.S. case which led to the permissibility of abortion under U.S. law, the European Court of Human Rights (the Court) held that Article 8 did not include a right to have an abortion.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

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