scholarly journals An Indication of China's Policy towards Uighurs and its Implications by International Law Aspects

2020 ◽  
Vol 3 (1) ◽  
pp. 55-71
Author(s):  
Mellisa Towadi ◽  
Nur Mohamad Kasim ◽  
Rumawi Rumawi ◽  
Siti Asifa Tahir
Keyword(s):  
International Law ◽  
Religious Freedom ◽  
Legal Aspects ◽  
The State ◽  
Political Rights ◽  
Individual Freedom ◽  
Main Interest ◽  
Civil And Political Rights ◽  
Democratic Principles

This article examines the Chinese government's policy towards Uighurs for the purpose of outlining and explaining indications of the policy that have implications on the legal aspects of this international law. This study was researched using normative juridical methods with expansive analysis based on logical-normative approaches. The results of the analysis show that broadly the policies China implements against the Uighur population are indicated to acts of discrimination. China's main interest is sovereignty, so of course, China will not allow the release of any territory from China. While the implications in the context of International Law as to uphold the guarantee of civil and political rights, liberal and democratic principles or independence, and individual freedom in relation to the state. The points of conflict identified, especially concerning the reach of equality of rights between ethnic Uighurs and other ethnicities in China, the prohibition of inhumane punishment and degrading dignity, and religious freedom.

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

scholarly journals Declarations and the Indonesian Constitution on Religious Freedom

2011 ◽  
Vol 49 (2) ◽  
pp. 361-392
Author(s):  
Alexius Andang L. Binawan
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
The State ◽  
New Order ◽  
Controversial Issues ◽  
Islamic State ◽  
Political Rights ◽  
Civil And Political Rights ◽  
Final Agreement ◽  
Islamic View

One of controversial issues in Indonesia regarding human rights is concerning religious freedom. There were two contradict opinions on the issue, i.e. those who preferred Indonesia as an Islamic state, with a consequence that there is only very limited religious freedom and those who preferred secular state with a wider religious freedom. Though finally Indonesia adopted Pancasila (five pillars) as the state ideology, as a mid-way between the two, final agreement on the problem is from being finalised as debates are still carried out. This paper is aimed at analysing how and where the ‘pendulum’ is swinging between two contrasting views since Indonesia has signed both the International Covenant on Civil and Political Rights and also the Cairo Declaration of Human Rights. I argue that during the New Order Indonesia, the pendulum on religious freedom swung closer to Islamic view.[Salah satu isu terkait Hak Asasi Manusia di Indonesia adalah mengenai kebebasan agama. Setidaknya ada dua cara pandang yang saling bertentangan, yaitu (1) yang menghendaki bentuk negara Islam, konsekuensinya adalah kebebasan agama sangatlah terbatas, dan (2) yang menginginkan negara sekuler yang mengindikasikan kebebasan agama lebih luas. Indonesia mengadopsi Pancasila sebagai ideologi negara dan sebagai jalan tengah antara kubu negara Islam dan sekuler, namun perdebatan mengenai bentuk negara tersebut terus saja bergulir. Artikel ini menganalisis bagaimana dan ke mana ‘pendulum’ bergerak di antara dua pandangan yang saling bertentangan di atas. Semasa Orde Baru, pendulum tersebut condong ke kubu Islam.]

Part 5 Cross-Cutting Issues, 5.1 Derogation

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Political Rights ◽  
Public Emergency ◽  
Civil And Political Rights

This chapter explains the international law provision which allows the State to derogate from certain human rights. The possibility for States to derogate from certain rights ‘in time of public emergency which threatens the life of the nation’ may be considered as an unfavourable risk by human rights defenders. The Human Rights Committee, however, recognizes the derogation provision of the International Covenant on Civil and Political Rights (article 4) as being of paramount importance for the system of protection for human rights under the Covenant. It should be noted that not every disturbance or catastrophe qualifies as ‘a public emergency’ for the purposes of article 4(1) and such measures should be of an exceptional and temporary nature, only imposed to the extent strictly required by the exigencies of the situation, subject to a regime of international notification, and should not involve discrimination.

ACCIDENT AND DESIGN: RECOGNISING VICTIMS OF AGGRESSION IN INTERNATIONAL LAW

2021 ◽  
Vol 70 (1) ◽  
pp. 103-132
Author(s):  
Shane Darcy
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Future Application ◽  
Political Rights ◽  
Recent Developments ◽  
Civil And Political Rights

AbstractInternational law has not traditionally recognised individuals as victims of the crime of aggression. Recent developments may precipitate a departure from this approach. The activation of the jurisdiction of the International Criminal Court over the crime of aggression opens the way for the future application of the Court's regime of victim participation and reparation in the context of prosecutions for this crime. The determination by the United Nations Human Rights Committee in General Comment No. 36 that any deprivation of life resulting from an act of aggression violates Article 6 of the International Covenant on Civil and Political Rights serves to recognise a previously overlooked class of victims. This article explores these recent developments, by discussing their background, meaning and implications for international law and the rights of victims.

Reformative and rehabilitative programs for prisoners with cognitive impairments: Australia’s international obligations

2017 ◽  
Vol 42 (2) ◽  
pp. 102-106
Author(s):  
Emma Henderson ◽  
Nicole Shackleton ◽  
Stephanie Falconer
Keyword(s):  
Human Rights ◽  
Cognitive Impairments ◽  
The State ◽  
Political Rights ◽  
Mental Impairment ◽  
Persons With Disabilities ◽  
International Obligations ◽  
Civil And Political Rights

While there has been much recent controversy relating to the abusive treatment of young prisoners and the failure of the State to properly facilitate the rehabilitation and reformation of young detainees, little attention has been paid to similar failures in relation to prisoners with cognitive impairments. In this article, we argue that Article 10.3 of the International Covenant on Civil and Political Rights and Article 26 of the Convention on the Rights of Persons with Disabilities require Australia to ensure that the conditions of detention of all prisoners are primarily reformative and rehabilitative. Analysing relevant jurisprudence, we argue that Australia is systematically failing to meet its human rights obligations to prisoners found ‘not guilty’ by reason of mental impairment.

scholarly journals POLITIK HUKUM LARANGAN PENGUNDURAN DIRI ANGGOTA KOMISI PEMILIHAN UMUM

2013 ◽  
Vol 1 (2) ◽  
Author(s):  
Nur'aini Nur'aini
Keyword(s):  
Human Rights ◽  
Negative Impact ◽  
The State ◽  
Political Rights ◽  
Legal Certainty ◽  
Public Benefits ◽  
Civil And Political Rights ◽  
Election Commission

Legal politics in Interdiction of Member of Election Commission Resignation. Every regulation promulgated supposes to create legal certainty, public benefits and justice in society. It is a condition sine quo non form State deciding Law as its State foundation. This aims should be started in legislation that guarantee the sustainability of human rights values.  A regulation should not limit or even produce negative impact towards society. Moreover, the regulation concerning civil and political rights should guarantee the rights a person as to resign from member of Election Commission. It’s the challenge should be respond by the State. Keywords: State of Law, Politic Law Development and Civil and Political Rights.

scholarly journals Extraterritorial application of the right to life on the high sea . Commentary to the Views adopted by the Human Rights Committee of 27 January 2021, A.S., D.I., O.I. and G.D. against Italy, Communication No. 3042/2017

2021 ◽  
Author(s):  
Bartosz Pacholski
Keyword(s):  
Human Rights ◽  
International Law ◽  
Subject Matter ◽  
Political Rights ◽  
Right To Life ◽  
Rescue Operation ◽  
Protection Of Human Rights ◽  
The Subject ◽  
Civil And Political Rights ◽  
The Right

The subject matter of this commentary, which instigates the Views of the Human Rights Committee of 27 January 2021, is the protection of one of the fundamental human rights – the right to life. The Committee, as an authority appointed to oversee compliance with the International Covenant on Civil and Political Rights, had to decide on the issue of Italy’s responsibility for failing to provide assistance to a boat in distress, even if the area in which the vessel was located was not within the territory of this state and other acts of international law attribute the responsibility for executing the rescue operation to a third country. According to the Committee’s views, which applied extraterritorial approach to the protection of the right to life, whenever states have the opportunity to take action for the protection of human rights they should do everything possible in a given situation to help people in need.

History of civil and political rights in France

2020 ◽  
Vol 2020 (11-2) ◽  
pp. 141-146
Author(s):  
Veronika Kuzbagarova ◽  
Elena Maystrovich ◽  
Elizabeth Rozanova ◽  
Sergey Stepashkin ◽  
Igor Yur
Keyword(s):  
French Revolution ◽  
State Power ◽  
Political Rights ◽  
Constitutional Order ◽  
History Of ◽  
Civil And Political Rights ◽  
Democratic Principles ◽  
Key Events ◽  
Revolutionary Science ◽  
The French Revolution

The article discusses the evolution of civil and political rights in the French Republic in historical retrospective and the key events, that influenced their formation in a modern way. The problems of freedom and equality in France in the late 18th - early 19th centuries. The article studied the views of representatives of pre-revolutionary science of law on the understanding of freedom and equality in France. The authors pay special attention to the French Revolution of 1789, the fall of absolutism, the process of establishing the constitutional order and new democratic principles of the organization of state power.

Freedom of Speech in International Law

2021 ◽  
pp. 192-212
Author(s):  
Michael Hamilton
Keyword(s):  
Human Rights ◽  
International Law ◽  
Freedom Of Speech ◽  
Political Rights ◽  
Civil And Political Rights ◽  
The Right ◽  
Domestic Law

This chapter traces the broad contours of the right to freedom of speech as it has evolved in international law, principally under Article 19(2) of the 1996 International Covenant on Civil and Political Rights (ICCPR or ‘the Covenant’). Any speech protective principles deriving from the international jurisprudence are qualified by the following factors: the contextual contingency of the value of speech, the inherently limited reach of international scrutiny, the changing nature of the marketplace, and emerging forms of censorship. The chapter then outlines the key human rights treaty protections for freedom of speech, before further exploring the scope of the right. It examines the permissible grounds for speech restriction, highlighting two contested categories of speech—namely, incitement to hatred and glorification of terrorism—where international law not only concedes the low value of such speech, but specifically mandates its prohibition in domestic law. States that introduce broadly framed speech restrictions may claim to be acting in satisfaction of this prohibitory requirement. In consequence, the intensity of any ensuing international scrutiny will inevitably be substantially reduced.

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