scholarly journals Governance for Environmental Human Rights Protection in the Context of Bangladesh: A Policy Perspective

2021 ◽  
pp. 1-28
Author(s):  
Farid Ahmed
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Human Life ◽  
Ecological Modernization ◽  
Human Rights Protection ◽  
Development Goals ◽  
Environmental Human Rights ◽  
Life Philosophy ◽  
Ecologically Sustainable ◽  
Deliberative Governance

The protection of environmental human rights demands an ethical governance frame work. This paper examines the characteristics of three governance models and argues that development planners and policymakers can employ deliberative governance that is nourished by public participation to protect environmental human rights in Bangladesh. The deliberative governance will pave the way to ecological modernization, implement ecologically sustainable development goals, and, in turn, ensure freedom, fairness and good governance since human societies desire to flourish human life. Philosophy and Progress, Vol#63-64-; No#1-2; Jan-Dec 2018 P 1-28

scholarly journals GOOD GOVERNANCE PERSPEKTIF MAQAASID ASY-SYAARI’AH KONTEMPORER

2018 ◽  
Vol 23 (1) ◽  
pp. 57
Author(s):  
Muhammad Iqbal Juliansyahzen
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Civil Society ◽  
Good Governance ◽  
Business Sector ◽  
Good Communication ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Pros And Cons ◽  
The Government

AbstractGood governance is a concept for governance that should be run. Theoretically, the discourse of good governance reaps its pros and cons since it had been firstly introduced. However, as a concept and a strategic offer it deserves to be appreciated and re-examined. There are principles in good governance that are compatible with Islam such as accountability, transparency, deliberation, and others. Good governance will be achieved when it involves a good communication among the government, civil society, and the business sector. The author uses the perspective of contemporary maqaasid asy-shari'ah to view the discourse with more emphasis on development and right. The perspective is different from the old maqasid which emphasizes more on the protection and preservation. The result of the study shows that good governace needs  harmonious relationship among the followers of religion, social justice, organized and equitable education, human rights protection, and the development of civilized law.Keywords : Good Governance, Maqâsid asy-Syaari’ah, DevelopmentAbstrakGood governance merupakan sebuah konsep tata kelola pemerintahan yang seharusnya dijalankan. Secara teoritis, diskursus good governace menuai pro-kontra sejak awal kemunculannya. Meskipun demikian, sebagai sebuah konsep dan tawaran strategis patut untuk diapresiasi dan dikaji kembali. Terdapat prinsip-prinsip dalam good governance yang berkesesuaian dengan Islam diantaranya akuntabilitas, transparansi, musyawarah, dan lainnya. Upaya mewujudkannya tidak hanya dilakukan oleh satu pihak saja, tetapi komunikasi antara pemerintah (goverment), masyarakat sipil, dan sektor dunia usaha. Dalam melihat diskursus ini, penulis menggunakan perspektif maqaasid asy-Syaari’ah kontemporer dengan lebih menekankan pada development (pembangunan; pengembangan) dan right (hak-hak). Berbeda dengan maqasid lama lebih pada protection (perlindungan) dan preservation (penjagaan; pelestarian). Berdasarkan hasil kajian tersebut bahwa dalam mewujudkan good governace diperlukan pembangunan dalam berbagai aspek seperti membangun hubungan harmonis antar pemeluk agama, mewujudkan keadilan sosial, penyelenggaran dan pemerataan pendidikan, perlindungan terhadap hak asasi manusia, pembangunan hukum berkeadaban.. Kata kunci: Good Governance, Maqaasid asy-Syaari’ah, dan Pembangunan

scholarly journals In Search of a Culturally Sensitive Human Rights Ethics

2020 ◽  
Vol 20 (2) ◽  
pp. 100-114
Author(s):  
Leonid V. Yakushev ◽  
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Human Life ◽  
Moral Ideal ◽  
Religious Traditions ◽  
Human Rights Protection ◽  
Global Consensus ◽  
Christian Love ◽  
The One ◽  
The Individual

The paper analyses the potential for the recognition of human rights as a universal moral and legal regulator in the social and political sphere by Buddhism, Christianity (on the Orthodoxy example) and Islam. The analysis is focused on the dogmas and specific cultural norms of these religions which regulate the legal status of the individual. Among the Buddhism’s no­tions allowing the latter to join the global consensus on human rights, there are the category of compassion, the Five precepts and the doctrine of Buddha-nature. The last one seems to be the most promising. The understanding of the human freedom typical for the Orthodox tradition differs from the one implied by the conception of human rights. But supporters of human rights within the Orthodoxy appeal to the roots of ideas of universal equality and human dignity in the Christian moral ideal. The human rights’ protection, in their opinion, can be seen as a minimal manifestation of the Christian love. The Islam’s participation in the world consensus on human rights could be based on additional interpretation of the Quran and Sunnah that adapts some of their statements to the modern social life’s condi­tions. One of the crucial notions in this respect is maslakha (the general welfare principle) which fixes the basic goods of human life and secures their protection. The directions of the rapprochement of the three religious traditions with the conception human rights traced in the article can become the basis for a consensus that will make human rights genuinely uni­versal, but the real achievement of such a consensus depends on the readiness of religious leaders and ordinary believers to correct and develop their social and political ideals.

scholarly journals Application of the Principle of Good Governance in the Activities of the European Court of Human Rights

2021 ◽  
Vol 7 (2) ◽  
pp. 64-69
Author(s):  
Serhiy MELENKO ◽  
◽  
Dan PARANYUK ◽  
Keyword(s):  
Human Rights ◽  
Complex Analysis ◽  
Good Governance ◽  
European Convention ◽  
Practical Application ◽  
Council Of Europe ◽  
Vast Number ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court

Based on the methodology of performing axiological and logical-gnoseological analysis of juridically significant factors, the article under discussion presents a partial investigation of the practical application of one of the most fundamental principles of state functioning in the field of human rights protection. The object of investigation in the paper is the way the European Court of Human Rights (ECHR) perceives, understands and interprets the principle of Good Governance in the course of implementing it in Court’s activities. The precedents, formulated and adopted by the ECHR frequently acquire the status of legal sources for the member states of the Council of Europe. Therefore, the judiciary bodies of these countries have to rely in their practice on the conclusions, the ECHR came to in the course of considering certain cases. Qualitively equal understanding and application of the above decisions is a cornerstone in forming a common European legal space, as well as plays a leading role in the field of human rights protection, guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter - the Convention) (Council of Europe, 1950). The principle of Good Governance is a complex notion. It directly or indirectly regards the rights and interests of both individuals (ensuring them certain rights and freedoms in a vast number of articles of the Convention) and social groups. This requires a complex analysis of the principle in both theoretical and practical aspects of its definition and application. Relying on the methodology of profound analysis of the axiological component of a certain legal phenomenon, like the content of some decisions of the Strasbourg Court, the authors of the article attempt to practically trace the implementation of the principle of Good Governance in the course of administering justice in Ukraine, as a member state of the Council of Europe. Therefore, the article under studies deals with the specifics of practical application of the principle of Good Governance in the ECHR activities, as well as with using precedent experience in the system of administrative judiciary of Ukraine.

scholarly journals Improvement of mechanisms of human rights protection through the prism of modern. law-making policy in Ukraine

2020 ◽  
Vol 11 (11) ◽  
pp. 265-269
Author(s):  
Shapran Y. V.
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Life ◽  
National Level ◽  
Legal Regulation ◽  
Human Rights Protection ◽  
Information Measures ◽  
Rights Protection ◽  
Protection Mechanisms ◽  
Law Making

The paper reveals the relevance of scientific knowledge of theoretical, methodological and practical aspects of improving the mechanisms of human rights protection through the prism of contemporary law-making policy of Ukraine. The scientific views of scientists concerning the shortcomings of modern lawmaking in Ukraine, as well as the implementation of the provisions of modern lawmaking policy are generalized. The practical shortcomings of implementation of the provisions of law-making policy in Ukraine were emphasized. It is substantiated that law-making policy forms a doctrinal definite, conceptual basis for improving the legal regulation of relations in any sphere of human life, including in the field of human rights protection. It is noted that a key feature of lawmaking, which distinguishes it from other types of legal activity, is its systemic nature, which is associated with a continuous long process of adopting the rules of law, their current change and updating. The necessity to strengthen the effectiveness of human rights protection mechanisms in Ukraine has been proved, which is conditioned by the existing problems in the human rights protection mechanism itself, and is also confirmed by statistical observations conducted in Ukrainian society. Based on the analysis of the shortcomings of the functioning of human rights protection mechanisms in Ukraine, the ways of their improvement, which will correspond to the law-making policy of Ukraine, have been identified and substantiated. Among the ways to improve the human rights protection mechanisms that will be in line with Ukraine's law-making policy are the following, which are of paramount importance in the current conditions of society and state development in Ukraine: 1) enhancing the role and importance of the activities of the European Court of Human Rights; 2) strengthening the mechanisms of human rights protection at the national (national) level in accordance with the requirements of international law; 3) to develop and implement a system of information measures in order to increase the educational (information) level of people in the sphere of their rights and the mechanisms of their protection and guarantee; 4) to improve the procedure of enforcement of decisions of national courts of Ukraine and decisions of international courts in Ukraine; 5) to strengthen the staffing of the state authorities and local self-government bodies in terms of improving the professional level of human rights personnel and their protection, including the introduction of competitive selection of civil servants in the conditions of passing the examination to determine the level of knowledge of the provisions of the legislation of Ukraine and international law in the field human rights, etc. Keywords: law-formation, law-making, law-making policy, human rights, human rights protection mechanisms.

scholarly journals Human rights as a new development paradigm: A think piece on implications for monitoring and evaluation

2018 ◽  
Vol 6 (1) ◽  
Author(s):  
Mahesh Patel
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Monitoring And Evaluation ◽  
New Paradigm ◽  
Political Processes ◽  
Rights Of The Child ◽  
New Development ◽  
Development Goals ◽  
The 1960S ◽  
Development Paradigm

In the 1960s, development paradigms considered only economic growth. In the 1980s and the 1990s, development paradigms added social development and then human development. This set the tone for the types of goals later embodied in the Millennium Development Goals and Sustainable Development Goals. A third change is now taking place. Human Rights Instruments have generally recognised that a modern developed society also needs political processes that are transparent and participatory, good governance, a belief that justice will be served, and requires that all forms of discrimination should be recognised and eliminated.International Human Rights Instruments, such as the Convention for the Elimination of Discrimination against Women and the Convention on the Rights of the Child require regular reporting on progress to independent monitoring bodies in Geneva. Currently, there is low awareness, and low participation, of evaluators in these reporting processes.This article flags some of the conceptual and operational differences between the human rights approach and a ‘development goals’ approach. In each area of difference, it identifies some of the subjects of analysis that will require evaluators to develop new methods, new allies and even new conceptual frameworks to operate in this new paradigm.

scholarly journals KONSTITUSIONALITAS TANGGUNG JAWAB NEGARA DALAM MELINDUNGI PEMBELA HAK ASASI MANUSIA

2021 ◽  
Vol 6 (1) ◽  
pp. 63
Author(s):  
Adi Purnomo Santoso ◽  
Dina Liliyana
Keyword(s):  
Human Rights ◽  
State Government ◽  
Research Method ◽  
The State ◽  
Constitutional Democracy ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Environmental Human Rights ◽  
The Republic

<p><em>After the amendment of 1999-2002, the Constitution of the Republic of Indonesia 1945 (UUD NRI 1945) as the constitution has contained material or substance more complete to the protection of human rights (human rights) than before the amendment. This is however a commitment of the state to qualify the existence of Indonesia as a state of Pancasila law that embraces constitutional democracy. In the epicentre of human rights protection, including how the state's responsibility in protecting human rights defenders. However, in contrast to what is regulated in the text of the constitution, in practice as revealed in the report of the Institute for Public Studies and Advocacy (ELSAM) noted that during 2019, there have been 27 cases of violence against environmental defenders with the spread of cases reaching 14 provinces and 24 districts and resulted in 127 individuals and 50 groups of Environmental Human Rights Defenders being victimized. This study aims to describe and review how the responsibility of the state in protecting human rights defenders constitutionally. The research method used is normative research with qualitative analysis approach, where data collection is done through literature studies. The result of this research is that Indonesia as the state of Pancasila law has constitutionally mandated the state (government) to specifically protect human rights defenders. By protecting human rights defenders, the state is not only implementing the constitution as the substance of living law, but also as an effort to promote universal human dignity and dignity.</em></p>

scholarly journals OBJETIVOS DO DESENVOLVIMENTO SUSTENTÁVEL: O DIREITO HUMANO E O SUPORTE FÁTICO DA REDE DA VIDA

2019 ◽  
Vol 4 (57) ◽  
pp. 328
Author(s):  
Elisaide TREVISAM ◽  
Jessé CRUCIOL JUNIOR
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
United Nations ◽  
Sustainable Development Goals ◽  
Human Life ◽  
The Sustainable Development ◽  
Agenda 2030 ◽  
Deductive Method ◽  
Development Goals ◽  
The United Nations

RESUMOObjetivo: O artigo apresenta como objetivo analisar a relação entre o desenvolvimento sustentável e os direitos humanos, considerando-se a  Agenda 2030 da Organização das Nações Unidas e os seus Objetivos do Desenvolvimento Sustentável (ODS)”, com suas finalidades e a imprescindibilidade de implementação conjunta pela comunidade internacional. Metodologia: Para atingir os fins esperados, a metodologia utilizada será documental e explorátoria, utilizando-se o método dedutivo, com caráter bibliográfico.Resultados: O presente trabalho mostra como resultado a avaliação das premissas estabelecidas na pesquisa e demonstração da imprescindibilidade do modelo de desenvolvimento sustentável para a sustentabilidade da rede da vida, inclusive a vida humana digna e outros direitos fundamentais.Contribuições: A contribuição do presente trabalho visa, por fim, após analisar os Objetivos do Desenvolvimento Sustentável aprovados no âmbito da Organização das Nações Unidas no ano de 2015, descritos na Agenda 2030, apontar que a implementação desses objetivos, enquanto modelo socioeconômico, pelos Estados do globo em conjunto, é medida indispensável para a manutenção das condições da rede da vida como busca de efetivação dos direitos humanos em sua totalidade.PALAVRAS-CHAVE: Desenvolvimento sustentável; direitos humanos; Agenda 2030. ABSTRACTObjective: To analyze the relationship between sustainable development and human rights, considering the United Nations Agenda 2030 and its Sustainable Development Goals (SDGs) ”, with its purposes and  the necessary joint implementation by the international community.Methodology: To achieve the expected purposes, the methodology used will be documentary and exploratory, using the deductive method, with bibliographic feature.Results: This paper shows as a result the evaluation of the premises established in the research and demonstration of the indispensability of the sustainable development model for the sustainability of the life network, including dignified human life and other fundamental rights.Contributions: Finally, the purpose of this paper is, after analyzing the Sustainable Development Goals approved by the United Nations in 2015, described in Agenda 2030, to point out that the implementation of these goals as a socioeconomic model by the States of the globe together, is an indispensable measure for the maintenance of the conditions of the network of life as a search for the realization of human rights in its entirety.KEYWORDS: Sustainable development; human rights; Agenda 2030.

scholarly journals Documentation: International Legal Human Rights Framework

2014 ◽  
Vol 33 (3) ◽  
pp. 131-165 ◽  
Author(s):  
Theodor Rathgeber
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Protective Capacity ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Asean Member ◽  
Protection Of Human Rights ◽  
International Human ◽  
Human Rights Standards

While the ASEAN Charter of 2007 heralded an era of improved democracy, human rights protection and good governance in accordance with the rule of law, the reality on the ground tells a different story. While all of the trappings of a human rights mechanism are in place, the normative and protective capacity of the regime is ambiguous at best. The adoption of core international human rights treaties by ASEAN member states presents an ambiguous picture, one which reveals significant variations between the ten countries. The purported institutionalisation of international human rights standards since 2007 in the region via the creation of an ASEAN human rights mechanism in that year is betrayed by the poor condition of actual protection of human rights at the national and regional level. The article analyses the situation on the ground in light of the normative obligations and aspirations of the states.

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