scholarly journals Perlindungan Hak Asasi Manusia terhadap Narapidana Narkotika Sebagai Warga Binaan Pemasyarakat Menurut Undang-Undang Nomor 12 Tahun 1995 Tentang Pemasyarakatan

Wajah Hukum ◽  
2019 ◽  
Vol 3 (2) ◽  
pp. 192
Author(s):  
Sigit Somadiyono ◽  
Nella Octaviany Siregar
Keyword(s):  
Human Rights ◽  
Daily Life ◽  
Correctional Officers ◽  
The State ◽  
Human Rights Violations ◽  
Daily Lives ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
The Government

This research specifically discusses the human rights of prisoners as prisoners in prison, which in their daily lives must be respected, upheld and protected by the state, the law (in this case the Penitentiary Act to be in line with the Human Rights Act), the government through the apparatus is correctional officers and fellow inmates. Prisoners in their daily life can make mistakes and lives that are in contact with human rights violations. The object of this research is the human rights of inmates as prisoners in prison (WBP). The formulation of the problems in this study are (1) How are the human rights protection arrangements for prisoners in prison according to Law Number 12 of 1995; and (2) How is the implementation of human rights protection for narcotics prisoners in prison in East Tanjung Jabung Regency. This study uses Law Number 12 of 1995 Concerning Corrections and other derivative regulations. The results showed that there were differences in the implementation of human rights protection for prisoners with Law Number 12 of 1995 Concerning Corrections. 

Derecho Internacional Humanitario, Jurisdicción Penal Militar y Responsabilidad del Estado por violación a los Derechos Humanos. Un comentario a la Sentencia de la Corte Interamericana de Derechos Humanos «Masacre de Santo Domingo vs. Colombia»

2013 ◽  
pp. 149-164
Author(s):  
Jorge Ernesto ROA ROA
Keyword(s):  
Human Rights ◽  
Structural Features ◽  
The State ◽  
Human Rights Violations ◽  
Humanitarian Law ◽  
Santo Domingo ◽  
Military Conflict ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Derechos Humanos

LABURPENA: Kasuen ikerketa-metodologia erabiliz, Santo Domingo vs. Kolonbia epaiari buruzko iruzkinean, nagusiki, inter-amerikar esparruko giza eskubideen babesari lotutako egiturazko alderdiak aipatzen dira; besteak beste, eta bereziki: nola erabiltzen duen Inter-amerikar Auzitegiak Nazioarteko Zuzenbide Humanitarioa barne-gatazka armatuetako egoeretan; zer erlazio dagoen zigor-jurisdikzio militarraren eta Indar Armatuetako kideek egindako giza eskubideen urraketen ikerketaren artean; zein diren Estatuaren erantzukizuna aitortzeko egintzetarako baldintzak, eta zer elkarreragin dagoen nazioetako eta nazioarteko instantzia judizialen artean giza eskubideen urraketen ordainaz den bezainbatean. Egokiera-arrazoiengatik, alde batera utziko da Kolonbiako Estatuak urratu zituen Amerikar Konbentzioko eskubideetako bakoitzari buruz Giza Eskubideetarako Nazioarteko Auzitegiak erabakitakoaren azterketa. RESUMEN: Mediante la aplicación de la metodología de estudio de caso, el comentario a la Sentencia Santo Domingo vs. Colombia se centra en aspectos estructurales sobre la protección de los derechos humanos en el ámbito interamericano, en especial, el uso que la Corte Interamericana hace del Derecho Internacional Humanitario en situaciones que se producen en contextos de conflictos armados internos, la relación entre la jurisdicción penal militar y la investigación de las violaciones a los derechos humanos cometidas por miembros de las Fuerzas Armadas, los requisitos de los actos de reconocimiento de la responsabilidad del Estado y la interacción entre las instancias judiciales nacionales e internacionales en materia de reparación de violaciones a los derechos humanos. Por razones de oportunidad, se prescinde del análisis del pronunciamiento de la Corte IDH sobre cada uno de los derechos de la Convención Americana que fueron violados por el Estado de Colombia. ABSTRACT: By means of the problem based learning methodology, the analysis of the judgment Santo Domingo vs. Colombia focuses on structural features of the human rights protection within the Inter-American area, specially, the use made by the Inter-American Court of International Humanitarian Law in situations within contexts of internal military conflict, the relationship between military criminal jurisdiction and the investigation of human rights violations committed by Army forces, the requirements of the acts of recognition of the State responsibility and the interaction between the national and international judicial instances regarding the redress for human rights violations. For reasons of practical expediency, we will not analyze the judgment by the Inter-American Court on each of the rights of the American Convention breached by the State of Colombia.

Intersectionality in Treaty Body Decisions

2021 ◽  
pp. 130-166
Author(s):  
Johanna Bond
Keyword(s):  
Human Rights ◽  
Family Member ◽  
The State ◽  
Body System ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Treaty Body ◽  
International Body ◽  
The Government

This chapter uses the Committee on the Elimination of Discrimination Against Women (CEDAW) as a case study to explore the extent to which the UN treaty bodies have embraced intersectionality in their examination of individual complaints. In many cases, the UN treaty body system allows human rights victims to seek justice for rights violations by submitting a human rights complaint to one of the treaty bodies. The ability to bring a complaint to an international body offers victims a chance at compensation, remedies that may prevent future violations, and an acknowledgment that the state violated their rights. Although the complaint process cannot bring back a family member who was, for example, murdered by representatives of the state, holding the government accountable for its actions can be a powerful remedy for many victims. This chapter probes for evidence of intersectional analysis in one Committee’s consideration of individual complaints. The Committee’s jurisprudence reveals that it is moving toward an intersectional approach, which will enhance available remedies and lead to stronger human rights protection.

scholarly journals The Role of African Court on Human and Peoples’ Right for Human Rights Protection: The Case of Libyan Crises

2020 ◽  
Vol 7 (1) ◽  
pp. 38-44
Author(s):  
Getahun Kumie Antigegn
Keyword(s):  
Human Rights ◽  
Qualitative Methodology ◽  
Human Rights Violations ◽  
Court Decisions ◽  
Humanitarian Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Government

The emergence of regional human rights systems depicts one of the greatest achievements in the internationalization of human rights. The foundation of the charter paved the way for the birth of the court thereafter. The African Court is established by virtue of the 1998 protocol to the Charter and the court is built upon an arsenal of protective and remedial techniques. The establishment of the court has reset the stage and created a new platform for the protection of human rights in Africa. The cardinal objective of the paper is to investigate the role of African Court on human and Peoples’ rights protection in Libya Crises taking the case of Saif Al Islam Gaddafi. The paper has utilized qualitative methodology. The government of Libya responded with brutal force against civilian protesters in contravention of international human rights and humanitarian law. The security force of the government of Libya killed many protesters as well. This situation intensified human rights violations and enforced many of the peoples to displace. The court issued an important ruling in March 2011, ordering provisional measures against Libya in the armed conflict in its territory. Libyan government denied the claims of human rights violations in its territory and showed its willingness to subject itself to criminal investigations by the Court if necessary. The issue of the fund, independence, commitment and competence of judges to interpret mandate and jurisdiction, the willingness of the states to support and to abide by court decisions, and powers of the concerned body to enforce court decisions hampered the court from being effective. Generally, unless African States act in good faith with respect to the decisions of the African Human Rights Court, the court becomes no more significant.

The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
International Human

Chapter 5 adds to the contemporary discourse on human rights obligations of non-state armed groups by showing that in many situations, there is a clear legal need for these obligations. This chapter first engages in the debate on whether and to what extent certain human rights treaties address armed groups directly. Second, it shows that under the law of state responsibility, states are generally not responsible for human rights violations committed by non-state entities. Third, it recalls that under international human rights law, states have an obligation to protect human rights against violations committed by armed groups. However, it argues that because this cannot be a strict obligation but is one that depends on states’ capacities and the particular circumstances, often this framework cannot adequately protect individuals against human rights violations by armed groups. The result is a legal and practical need for human rights obligations of non-state armed groups.

scholarly journals Interim measures as human rights protection instruments: to the problem statement

2021 ◽  
pp. 539-544
Author(s):  
Siuzanna Mnatsakanian
Keyword(s):  
Human Rights ◽  
National Level ◽  
Human Rights Violations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Core Issue ◽  
Great Practice ◽  
Interim Measures ◽  
Human Rights Violation

Conceptual approaches to defining the nature and the scope of interim measures implementation as an instrument of human rights protection at international and national level are analyzed. The widespread use of interim measures as international standard of urgent respond to alleged violations of human rights has not led to the implementation of the legal institute concerned at the national level. Accordingly, this analysis aimed at defining the grounds of interim measures as human rights protection instrument application to be used by the state as an immediate response to human rights violations and possible violations. European Court of Human Rights has a great practice of interim measures granting. Interim measures are granted by the Court only in clearly defined conditions, namely where there is a risk that serious violations of the Convention might occur. A high proportion of requests for interim measures are inappropriate and are therefore refused. Besides, interim measures are applied upon request of the applicant claiming about alleged violations of his or her human rights. At the national level interim measures should/may be granted upon request of the applicant or by the duty-bearer’s initiative to prevent possible human rights violations. The grounds of interim measures granting should also be defined – the best international practice should be used taking into account the Ukrainian context. Another core issue analyzed is defining duty-bearers – subjects enforced to grant interim to prevent abuse in the sphere concerned. It is obvious that court shall be the only authority to resolve the substantive case of alleged human rights violation. However, public and local authorities shall be enabled to grant interim measures to prevent the possible violations. With this, the scope and the sphere of its application at the national level shall be broader in comparison with the case law of the European Court of Human Rights.

Context

2016 ◽  
Author(s):  
Necati Polat
Keyword(s):  
Human Rights ◽  
Regime Change ◽  
Protection System ◽  
Old Regime ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Government ◽  
Full Swing ◽  
Desperate Attempt

The overall domestic context following the full defeat of the old regime in Turkey, and the main contours of the Islamist (‘Islamo-nationalist’, Millî Görüş) populism now in full swing, are described in this chapter. The discussion looks into the mood in the pro-government circles, with some emphasis on the Islamist speculations on democracy—terrifying to the secular masses—and the effective rule by policy, rather than law, enabled by the growing cult of Erdogan. This chapter also describes the spectacular fall out between the government and the former allies, who strongly shared in the power through the new bureaucracy, the Gulen cult. One centrifugal factor detected in portraying the setting is the formal commitment to the human rights protection system in Europe, which, paradoxically, acquired greater intensity during the regime change in a desperate attempt on the part of the government to by-pass the former centres of power.

Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’

2013 ◽  
Author(s):  
Simon Evans ◽  
Julia Watson
Keyword(s):  
Human Rights ◽  
High Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Key Features ◽  
The Uk ◽  
High Court Of Australia ◽  
The Impact

This chapter examines the influence of the new Commonwealth model of human rights protection (exemplified by the UK Human Rights Act 1998) on the form of the two Australian statutory Bills of Rights, and then considers the impact of Australia's distinctive legal culture and constitutional structure on the operation of these instruments. In particular, it examines the impact of culture and structure in the decision of the High Court of Australia in R. v Momcilovic [2011] HCA 34; (2011) 280 A.L.R. As a result of that case, key features of the Australian Bills of Rights now diverge from the dominant UK approach, a divergence so striking that it may no longer be possible to identify the Australian Bills of Rights as exemplars of the new Commonwealth model.

19. Human Rights and The UK Constitution

Public Law ◽  
2020 ◽  
pp. 761-816
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This chapter examines human rights protection in the UK. It examines the reasons why the Human Rights Act 1998 (HRA) was enacted, the effects of the HRA, the principal mechanisms through which the HRA affords protection to human rights in UK law; the scope of the HRA; and the debate concerning the potential repeal, reform, or replacement of the HRA. The chapter also introduces the notion of human rights, including the practical and philosophical cases for their legal protection, and the European Convention on Human Rights, to which the HRA gives effect in UK law.

18. Human Rights and the UK Constitution

Public Law ◽  
2017 ◽  
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This chapter examines human rights protection in the UK. It examines the reasons why the Human Rights Act 1998 (HRA) was enacted, the effects of the HRA, the principal mechanisms through which the HRA affords protection to human rights in UK law, the scope of the HRA, and the debate concerning the potential repeal, reform, or replacement of the HRA. The chapter also introduces the notion of human rights, including the practical and philosophical cases for their legal protection, and the European Convention on Human Rights, to which the HRA gives effect in UK law.

scholarly journals PERLINDUNGAN HUKUM ATAS HAK POLITIK PEREMPUAN OLEH NEGARA

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Yosefina Daku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
The Political ◽  
Political Rights ◽  
Political Field ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Law

As the law states, Indonesia  provide the protection of the rights for of all people without the discrimination. By the basis of the mandate of the Preamble to the Constitution of 1945 that "a just and civilized humanity," the Indonesian state guarantees of a society that is fair. Political rights granted by the country with regard to discrimination is legal protection by the state against women's political rights. By participating in the convention and recognized in the form of Law Number 7 Year of 1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, an attempt by the state to remove the problems in realizing the equality of women and men. Therefore  the  problem  that  can  formulated are: 1) how the legal protection of women's political rights in Indonesia? 2) how the implementation of Law Number 7 Year of 1984 on Ratification of the Convention on the Eliminationof All Forms of Discrimination Against Women Related Political Rights of Women?. The purpose of this study was to examine the legal protection by the state against the ful fillment of women's political rights in Indonesia and the implementation of protection of women's political rights pursuant of Law Number7 Year of 1984. This research is a normative law. The technique used in this research is to use the concept approach and statutory approach to reviewing the legislations and legal literatures. Rights protection as a form of justice for each person more specifically regulated in Law about Human Rights. Protection of the rights granted to women by the state including the protection of the political field regulated in some provisions of other legislation. By removing discrimination against women in it’s implementation still look at the culture and customs which is certainly not easy to do and the state is obliged to realize the objectives of the convention

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