Managing Green Rights in Indonesia: Presenting the Appearance of Excellence

2021 ◽  
Vol 3 (2) ◽  
pp. 01-08
Author(s):  
Manotar Tampubolon
Keyword(s):  
Human Rights ◽  
Policy Design ◽  
Environmentally Friendly ◽  
Third Generation ◽  
Intergenerational Justice ◽  
Sustainable Environment ◽  
Legal Method ◽  
Strategic Plans ◽  
Negative Environmental Impact ◽  
Desk Review

  The primary goals of this qualitative article are to both theoretically and practically examine Vasak's concept of third-generation human rights in the Indonesian Constitution. The constitutionality of Vasak's concept of green rights in his third generation of human rights reflects Indonesia's commitment to a healthy and sustainable environment. However, the concept is not applicable in practice because it is only disguised as having environmental merit. Therefore, the green rights mentioned throughout Indonesia's development have a negative environmental impact as this country employs counterproductive environmentally friendly strategic plans but mostly infringes human rights. This study employs the socio-legal method, as well as human rights and statutory approaches. The study is based on a desk review of the Constitution, International Covenant referenced books, legal doctrines, articles, law journals, and environmental rights documents. Along with institutional, implementation, and policy design failures, the Green Rights in the 1945 Constitution have not been applied holistically. To achieve environmentally friendly, sustainable development and the emergence of intergenerational justice and human rights, the country must incorporate the concept of green rights into its constitution in a holistic manner between humans and nature.

THE NEED TO STRENGTHEN INTERNATIONAL PROTECTION OF THE THIRD-GENERATION HUMAN RIGHTS

2018 ◽  
Vol 30 (30) ◽  
pp. 125-153
Author(s):  
Wojciech M. Hrynicki
Keyword(s):  
Human Rights ◽  
Second Generation ◽  
Self Determination ◽  
Third Generation ◽  
International Level ◽  
Protection Measures ◽  
Healthy Environment ◽  
The Third ◽  
Legal Method ◽  
First And Second Generation

1. Purpose The purpose of the article is to confirm the relevance of isolation of the third-generation human rights and to indicate the need for action at international level in order to enforce such rights of a collective nature. Analysing the selected third-generation human rights the author draws attention to the fact that some of the third-generation rights are violated in practice and hence indispensable are measures of an international nature that aim at reinforcement of protection of these rights. 2. Introduction The third-generation human rights were isolated in the 70’s of the XX century by a French scientist of Czech origin Karel Vašak. They are collective in nature and contrary to the first- and second-generation rights (which are related to liberty and equality) serve entire human communities. Protection of the third-generation human rights makes sense if the overall objective of the ensuring is not a human but a group of people. Hence, the most significant third-generation human rights house in particular the right to peace, to democratic state based on the rule of law, to self-determination of nations, to security, to a healthy environment, to development, to humanitarian aid, to participation in human heritage. It is important to realise that enforcement of the first- and second-generation human rights (to liberty and equality) is associated with a sufficient guaranteeing the third-generation human rights. Unfortunately, the third-generation rights are often violated nowadays (by numerous wars, impossibility of self-determination for some nations, lack of broad international environmental protection measures and cherishing the common human heritage). That is why it is vital to create awareness and take actions in favour of protection of the third-generation human rights. 3. Methodology The author isolates and describes the third-generation human rights using primarily the method of critical review of the literature. In the alternative, he deals with the dogmatic-legal method analysing texts of international law. In order to illustrate cases of the third-generation human rights abuses and to give legitimacy to taking action at international level the author also uses the case study method. 4. Conclusions The author justifies the need to isolate the third-generation human rights and proves that contemporarily these rights are prejudiced on many aspects. He indicates that violation of the third-generation human rights legitimizes the need to strengthen their protection at international level. The respect for the third-generation human rights guarantees the exercise of liberties and equality laws, i.e. the first- and second-generation human rights

Human Right to Environment and Its Effective Protection in Catalonia, Spain and Europe

2014 ◽  
Vol 42 (1) ◽  
pp. 121-134
Author(s):  
Alexandre Peñalver i Cabré
Keyword(s):  
Human Rights ◽  
First Generation ◽  
18Th Century ◽  
Third Generation ◽  
Political Rights ◽  
Human Right ◽  
Effective Protection ◽  
Cultural Rights ◽  
Additional Layer ◽  
Civil And Political Rights

Human Right to Environment is one the most relevant Third Generation Human Rights which includes new universal needs arisen from the last third of 20th century. These new human rights add as an additional layer to the First Generation Human Rights (civil and political rights from the end of 18th century) and to the Second Generation Human Rights (economic, social and cultural rights from 19th century).

scholarly journals Universalidad y derechos sociales: para una revisión constitucional de las políticas sociales en Argentina

2018 ◽  
Vol 21 (1) ◽  
Author(s):  
Horacio Javier Etchichury
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Policy Design ◽  
Social Rights ◽  
Derechos Humanos ◽  
Human Rights Treaties

ResumenEl texto analiza el alcance de la noción de universalidad en la titularidad de los derechos sociales contenidos en la Constitución argentina. Tras revisar la formulación de esa noción en el texto constitucional argentino y en los tratados de derechos humanos de igual jerarquía, el texto explora sus consecuencias respecto del diseño de políticas públicas, ponderando las modalidades focalizadas y condicionadas. Se propone revisar las políticas según su compatibilidad con el principio de universalidad. AbstractThe article analyzes the notion of universality in social rights entitlements under Argentina’s Constitution. After reviewing how this notion is phrased in the Constitution and binding human rights treaties endowed with constitutional rank, the article looks into the effects of universality in public policy design, implementation and appraisal. In particular, the article assesses targeted and conditional policies. Finally, the text advocates a policy revision according to consistency with the principle of universality.  

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

Bamboo Utilization as a Sustainable Building Material

2021 ◽  
pp. 79-96
Author(s):  
Paul C. Okonkwo ◽  
Israr Ul Hassan ◽  
Wesam H. Beitelmal
Keyword(s):  
Government Policy ◽  
Building Material ◽  
Building Materials ◽  
Industrial Revolution ◽  
Environmentally Friendly ◽  
Building Design ◽  
Global Market ◽  
Building Construction ◽  
Sustainable Building ◽  
Sustainable Environment

The extraction of building materials from their resources through harvesting, preservation, and utilization has become a significant segment of human contribution to the global ecosystem since the industrial revolution. Bamboo is the world's fastest-growing woody plant, and bamboo grows multiple times quicker than most species. Housing is one of the focused demands for bamboo, and as a result of the current scarcity of home units, the demand for bamboo is increasing. Bamboo building construction is portrayed by a basic edge approach like that applied in traditional building design and construction. Applying bamboo as an environmentally friendly material is seen as a movement towards creating a sustainable environment and reducing greenhouse emissions. The need to employ government policy in addressing the production and application of bamboo is reported, and the challenges of bamboo in the global market are highlighted in this chapter.

Solidarity

2021 ◽  
pp. 327-340
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
The Other ◽  
Self Determination ◽  
Third Generation ◽  
Human Rights Law ◽  
Healthy Environment ◽  
Right To Development ◽  
The Right ◽  
Collective Dimension

Some fundamental rights, variously described as ‘solidarity rights’, ‘people’s rights’ or ‘third generation rights’ are not fully reflected in the human rights instruments. Indeed their place within human rights law remains somewhat controversial although that does not imply that they are not customary in nature. Among them are the right to peace, the right to a healthy environment, the right of peoples to self determination, and the right to development. The main distinction between these rights and other human rights relates to the jurisdiction of human rights bodies. They have a collective dimension that is not present in the same way with the other categories of human rights.

scholarly journals Switching on an Environmentally Friendly and Affordable Light in Africa: Evaluation of the Role of Natural Gas

2019 ◽  
Vol 11 (1) ◽  
pp. 60-77
Author(s):  
Ishmael Ackah ◽  
Freda Opoku ◽  
Sarah Anang
Keyword(s):  
Natural Gas ◽  
Value Chain ◽  
Descriptive Analysis ◽  
Environmentally Friendly ◽  
Power Production ◽  
Energy Sources ◽  
Minimal Impact ◽  
Gas Potential ◽  
Desk Review

The purpose of this article is to review the dynamics of natural gas resources in Africa and evaluate how it can help solve the power challenges of the continent. This article develops from a descriptive analysis and desk review on natural gas and power. The key finding is that despite the increased discovery of natural gas in Africa, it has had minimal impact on power production. This study provides a descriptive overview and is limited to only natural gas. It does not consider how other energy sources can contribute to solving Africa’s power challenges. This article draws the attention of both policymakers and the investment community to the opportunities in the ‘natural gas-power’ value chain and the need to invest in gas infrastructure. An overview of the power challenges and natural gas potential of Africa is provided.

Reflections on Rehabilitation as a Form of Reparation in Chile after Pinochet’s Dictatorship

2016 ◽  
Vol 5 (2) ◽  
pp. 194-216
Author(s):  
Elizabeth Lira
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
Third Generation ◽  
Health Programme

This article considers the Programme for Reparation and Integral Health Assistance for Victims of Human Rights Violations (prais) in Chile. It includes a summary of the reparations programmes implemented in Chile from 1990 to 2004, to redress the human rights violations suffered by victims of Pinochet’s dictatorship (1973–1990). The Health Programme was created in 1991 and reinforced by law in 2004. It has been the principal reparation measure for victims of human rights violations adopted in Chile, including third-generation relatives. This article puts them in context and assesses achievements and challenges of the reparations programme.

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