scholarly journals Kartu Tanda Penduduk: Penantian Panjang Transpuan atas Akses Keadilan dan Kesetaraan

2021 ◽  
Vol 26 (3) ◽  
pp. 219-230
Author(s):  
Theresia Sri Endras Iswarini
Keyword(s):  
Human Rights ◽  
Social Economic ◽  
Access To Justice ◽  
Basic Rights ◽  
Identity Card

The Population Administration Law (UU Adminduk) regulates that the Identity Card (Kartu Tanda Penduduk/KTP) is the states’ obligation facilitated by the Goverment and carried out by citizens. KTP is a tool to ensure that citizens are registered and their rights on civil, political and social economic are guaranteed. The absence of KTP causes multiple layers of vulnerability of stigmatized and discriminated groups, namely transwomen. They are marginalised from access to justice and basic rights, before and in a time of COVID-19 pandemic. Various stigma, violence and discrimination are experienced by transwomen who do not have access to KTP, which unfortunately does not anticipated by the Adminduk Law. This paper analyzes the implementation of the Adminduk Law related to KTP mechanism for transwomen, particularly in a time of pandemic. Using the women human rights framework, this paper shows substantive problems that potentially threaten access to justice and equality of transwomen.

Access to Justice for Internally Displaced Persons: The Global Legal Order

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Leah Ndimurwimo ◽  
Leonard Opara
Keyword(s):  
Human Rights ◽  
Social Economic ◽  
Legal Education ◽  
Internal Displacement ◽  
Teaching Methodology ◽  
Access To Justice ◽  
Internally Displaced Persons ◽  
Economic Assistance ◽  
Displaced Persons ◽  
Internally Displaced

Internally displaced persons are people who are uprooted from their social, economic, cultural and educational environment and made squatters or homeless within the jurisdiction of their own country. They consequently have no permanent place of abode. Internal displacement therefore becomes a situation that deprives individuals of access to justice and leads to violations of the human rights of categories of citizens. For example, women, children and the elderly are more vulnerable and lack social-economic assistance from their loved ones and family support because of their internal displacement. Their situation denies them access to justice from several perspectives, such as being in a state of despair, instability and uncertainty. This article examines the ways in which the domestication of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa of 2009 (the Kampala Convention) and clinical legal education can be used to promote access for internally displaced persons to justice and basic human rights. In this regard, the article further analyses access to justice for internally displaced persons through the teaching methodology of clinical legal education in African legal jurisprudence. Finally, the article recommends the involvement of legal clinicians and other practitioners as advocates of internally displaced persons’ access to justice, respect for human rights and the rule of law as a requirement for the domestication of the Kampala Convention by Member States in Africa.

Contemporary Developments Relating to the Inviolability of Mission Premises

2017 ◽  
Author(s):  
Juan E Falconi Puig
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Urban Planning ◽  
National Security ◽  
Direct Consequence ◽  
Access To Justice ◽  
Controversial Issues ◽  
The United Kingdom ◽  
Domestic Legislation

This chapter addresses some of the controversial issues relating to the inviolability of mission premises. The Yvonne Fletcher incident of 1984 led to debates about the need to upgrade or reform the VCDR in that regard; and the United Kingdom, as a direct consequence of the incident, adopted the ‘Diplomatic and Consular Premises Act 1987’ to be able to adopt unilateral measures to remove premises immunity where threats to national security, to public integrity and/or the need of urban planning exist. Domestic legislation of this kind, however, also provides ground for conflicts with the VCDR. This chapter explores conflicts between property immunity and issues such as access to justice, human rights, and terrorism and examines ways of overcoming such difficulties through mechanisms which safeguard diplomatic privileges and immunity to allow the pursuit of diplomatic functions.

Simoncioni v. Germany

2015 ◽  
Vol 109 (2) ◽  
pp. 400-406
Author(s):  
Riccardo Pavoni
Keyword(s):  
Human Rights ◽  
Crimes Against Humanity ◽  
Access To Justice ◽  
Constitutional Court ◽  
Sovereign Immunity ◽  
International Court Of Justice ◽  
International Court ◽  
Compensation Claims ◽  
The Right ◽  
Right Of Access

With Judgment No. 238/2014, the Italian Constitutional Court (hereinafter Court) quashed the Italian legislation setting out the obligation to comply with the sections of the 2012 decision of the International Court of Justice (ICJ) in Jurisdictional Immunities of the State (Germany v. Italy; Greece intervening) (Jurisdictional Immunities or Germany v. Italy) that uphold the rule of sovereign immunity with respect to compensation claims in Italian courts based on grave breaches of human rights, including—in the first place—the commission of war crimes and crimes against humanity. The Court found the legislation to be incompatible with Articles 2 and 24 of the Italian Constitution, which secure the protection of inviolable human rights and the right of access to justice (operative paras. 1, 2).

The role of human rights organizations in empowering Iraqi women

2021 ◽  
Vol 27 ◽  
pp. 514-543
Author(s):  
HIBA KAREEM ◽  
Keyword(s):  
Human Rights ◽  
Social Economic ◽  
Government Policies ◽  
Vulnerable Groups ◽  
Humanitarian Organizations ◽  
Human Rights Organizations ◽  
The Social ◽  
Iraqi Women ◽  
Political Dimensions

The issue of empowering women has been and still is the preoccupation of various humanitarian organizations, especially human rights organizations. Regarding the issue of human rights in Iraq, it is extremely difficult, because of the exceptional circumstances ordered by Iraq, which made it an arena for human rights violations. Vulnerable groups, they are more affected by the surrounding circumstances, such as violence, displacement, terrorism, displacement, widowhood, and others ... especially with regard to measures to empower women, because what women suffer in our society is a heap of discriminatory traditional culture against them and their lack of awareness of themselves and Their legitimate rights, in addition to weak government policies, and the lack of resources and opportunities, and herein lies the problem. The importance of the research stems from the importance of the role of women in society and the social, economic, health and political dimensions that this role represents, and the extent of its impact on the development process in Iraq. As for its objectives, it is to stand on the role of human rights organizations in empowering women in all social, economic, political and health fields, from which we have deduced most of them marginalization and discrimination on the basis of gender, and then we proposed some enabling measures, hoping through them to integrate women in all levels of development . Key words : role, organizations, human rights, empowerment, women .

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals PRINCIPLES OF POLICE ACTION IN POLICE LAW

2019 ◽  
Vol 4 (85) ◽  
pp. 84
Author(s):  
Aleksandrs Matvejevs
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Social Economic ◽  
The Public ◽  
Gender And Age ◽  
Police Action ◽  
Language Attitude ◽  
The Law ◽  
Article Study

The author of the article study problems of enforcement and implementation of principles in activities of police and mechanisms of implementation of principles in activities conducted by police. Its mean that the operations of the police shall be organised observing lawfulness, humanism, human rights, social justice, transparency and an undivided authority, and relying on the assistance of the public. The police shall protect the rights and lawful interests of persons irrespective of their citizenship, social, economic and other status, race and nationality, gender and age, education and language, attitude towards religion, political and other convictions. The police, by its operations, shall ensure the conformity with the rights and freedoms of persons. Restriction of such rights and freedoms shall be permitted only on the basis of law and in accordance with procedures specified in law. Author discloses the meaning and content of the principles of the organization and activities of the police, enshrined in the law. The authors also stress out particular disadvantages of law ”On Police” and make suggestions how to improve it.

scholarly journals Children with learning disabilities and their participation in judicial procedures – what can disability advocacy offer?

2017 ◽  
Vol 22 (1) ◽  
pp. 10-15 ◽  
Author(s):  
Gábor Petri
Keyword(s):  
Human Rights ◽  
Learning Disabilities ◽  
Design Methodology ◽  
Access To Justice ◽  
Self Advocacy ◽  
Persons With Disabilities ◽  
Content Type ◽  
Rights Of The Child ◽  
Judicial Procedures ◽  
Article 5

Purpose The purpose of this paper is to provide a commentary on the paper titled “The Zone of Parental Control, The ‘Gilded Cage’ and The Deprivation of a Child’s Liberty: Getting Around Article 5”. Design/methodology/approach This paper uses the original article as a jumping off point to assess what aids advocacy organisations and human rights instruments can give to children with learning disabilities who enter legal procedures. Findings Existing human rights laws such as the UN Convention on the Rights of the Child and the UN Convention on the Rights of Persons with Disabilities provide innovative principles to reviewing existing policies, but little practical guidance is given to real implementation. Disability advocacy is ambiguous towards the question of representation of children with learning disabilities. Originality/value Literature on self-advocacy and especially on the self-advocacy and self-representation of children with learning disabilities is very limited. Access to justice for children with learning disabilities is similarly under-researched and is rarely addressed in disability advocacy.

Risk and the European Convention on Human Rights: Towards a New Approach

2009 ◽  
Vol 11 ◽  
pp. 353-375 ◽  
Author(s):  
Christopher Hilson
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Nuclear Radiation ◽  
European Convention ◽  
Access To Justice ◽  
Public Concern ◽  
Initial Attempt ◽  
Liberal Conception ◽  
European Court ◽  
The Right

Abstract The aim of this chapter is to provide an initial attempt at analysis of the place of risk within the case law of the European Court of Human Rights (ECtHR) and, where appropriate, the Commission, focusing on the related issues of public concern and perception of risk and how the ECHR dispute bodies have addressed these. It will argue that, for quite some time, the Court has tended to adopt a particular, liberal conception of risk in which it stresses the right of applicants to be provided with information on risk to enable them to make effective choices. Historically, where public concerns in relation to particular risks are greater than those of scientific experts—nuclear radiation being the prime example in the case law—the Court has adopted a particularly restrictive approach, stressing the need for risk to be ‘imminent’ in order to engage the relevant Convention protections. However, more recently, there have been emerging but as yet still rather undeveloped signs of the Court adopting a more sensitive approach to risk. One possible explanation for this lies in the Court’s growing awareness of and reference to the Aarhus Convention. What we have yet to see—because there has not yet been a recent, post-Aarhus example involving such facts—is a case where no imminent risk is evident. Nevertheless, the chapter concludes that the Court’s old-style approach to public concern in such cases, in which it rode roughshod over rights to judicial review, is out of line with the third, access to justice limb of Aarhus.

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