scholarly journals The Rohingyas: ASEAN’s Image and Responsibility

2019 ◽  
Vol 26 (2) ◽  
Author(s):  
Md. Morshed Alom
Keyword(s):  
Human Rights ◽  
Value Creation ◽  
Minority Groups ◽  
Relevant Literature ◽  
Regional Identity ◽  
Legal Framework ◽  
Asean Member ◽  
The People ◽  
The Individual ◽  
Review Ofthe

Citizens enjoy protections and different kinds of rights in a country as its nationals. The stateless people,who are denied citizenships to any country, are deprived of such kinds of protections and rights, even thefundamental human rights. Among all the minority groups of the world, the United Nations considers theRohingyas of the Arakan in Myanmar as one of the most persecuted one. They have been deprived ofcitizenship of their country for long. They see a bleak future for them when the people of the Associationof Southeast Asian Nations (ASEAN) are eagerly waiting for a greater regional identity. The Rohingyasare deprived of fundamental human rights and are victims of state persecution policies. This factcontradicts with the regional value creation endeavors of the ASEAN. This paper is based on a review ofthe relevant literature on the issue. It looks into the origin of the so called ‘statelessness’ of theRohingyas, examines the international legal framework for the protection of the stateless people ingeneral, and the commitment of the individual ASEAN member countries to that legal framework as wellas the ASEAN’s role as a regional forum.

Whither the people in the ASEAN Community?

2020 ◽  
Vol 10 (3) ◽  
pp. 43-57
Author(s):  
See Seng Tan
Keyword(s):  
Southeast Asia ◽  
Political Ideology ◽  
Management Development ◽  
The Other ◽  
Asean Member ◽  
Derechos Humanos ◽  
The People ◽  
Droits Humains ◽  
The One ◽  
The Individual

Abstract: The longstanding effort to develop a people-based regionalism in Southeast Asia has been shaped by an inherent tension between the liberal inclination to privilege the individual and the community under formation, on the one hand, and the realist insistence on the primacy of the state, on the other. This article explores the conditions and constraints affecting ASEAN’s progress in remaking Southeast Asia into a people-focused and caring community in three areas: disaster management, development, and democratization (understood here as human rights). Arguably, the persistent gap in Southeast Asia between aspiration and expectation is determined less by political ideology than by the pragmatic responses of ASEAN member states to the forces of nationalism and protectionism, as well as their respective sense of local and regional responsibility.Resumen: El esfuerzo histórico para desarrollar un regionalismo basado en las personas del sudeste de Asia ha estado marcado por una tensión fundamental entre la inclinación liberal de privilegiar el individuo y la comunidad y la insistencia realista sobre la primacía del estado. Este artículo explora las condiciones y limitaciones que afectan el progreso de la ASEAN en la reestructuración de Asia sudoriental en una comunidad centrada en el cuidado de las personas en: gestión de desastres, desarrollo y democratización (i.e., derechos humanos). La brecha persistente en el sudeste asiático entre la aspiración y la expectativa está determinada por las respuestas pragmáticas de los miembros de la ASEAN sometidos a las fuerzas del nacionalismo y proteccionismo, así como su respectivo sentido de responsabilidad local y regional.Résumé: L’effort historique pour développer un régionalisme fondé sur les peuples en Asie du Sud-Est a été marqué par une tension fondamentale entre l’inclination libérale qui privilégie, d’une part, l’individu et la communauté et, d’autre part, l’insistance réaliste sur la primauté de l’État. Cet article explore les conditions et les contraintes qui nuisent aux progrès de l’ANASE dans le cadre d’une refonte de l’Asie du Sud-Est en une communauté centrée et attentive aux peuples dans trois domaines : la gestion des désastres, le développement et la démocratisation (en référence aux droits humains). Le fossé persistant en Asie du Sud-Est entre les aspirations et les attentes est vraisemblablement moins déterminé par l’idéologie politique que par les réponses pragmatiques des États membres de l’ANASE soumis aux forces du nationalisme et du protectionnisme ainsi que par leur sens respectif de la responsabilité locale et régionale.

scholarly journals 60 Opening the Narrative on Deprivation of Liberty for the Older Person in Residential Healthcare Facilities: A Legal and Ethical Dilemma

2019 ◽  
Vol 48 (Supplement_3) ◽  
pp. iii17-iii65
Author(s):  
Florence Hogan ◽  
Adrian Ahern
Keyword(s):  
Human Rights ◽  
Residential Care ◽  
Healthcare Providers ◽  
Community Support ◽  
Healthcare Facility ◽  
Moral Dilemmas ◽  
Legal Framework ◽  
Best Interest ◽  
Healthcare Facilities ◽  
The Individual

Abstract Background While many people enter residential care of their own free will and because it is their preference, the evidence tells us that there are also many who if they had the choice would remain in their own homes. Lack of appropriate community supports may provide some impetus to enter residential care. According to Care Alliance Ireland, an additional four million hours of homecare needs to be provided to cope with the successful ageing demographics, at a cost of €110 million. There is no statutory or common-law power to detain a patient in a Healthcare Facility outside of the application of the Mental Health Act 2001. This presents legal, ethical and moral dilemmas for Healthcare Providers when caring for a person who lacks capacity wishes to self - discharge. A duty of care obligates healthcare professionals to act in the best interest of the individual. Under the Health Act 2007 the requirement is to provide for a ‘safe discharge’. Pending advancement of the Assisted Decision Making (Capacity) Act 2015 which provides a statutory framework to assist and support individuals to make legally-binding agreements about their welfare, their property and affairs we are currently acting under the Lunacy Regulations (1871). Methods We developed a ‘Deprivation of Liberty’ form which enable comprehensive Interdisciplinary Team discussion and direction of care. Presumption of capacity, respect for the resident’s wishes and consideration of all possible supportive actions up to and including sourcing community support services were considered. Results This format has enabled comprehensive discussion and robust adherence to human rights for three residents thus far Conclusion The situation remains that there is no legal framework to guide healthcare providers currently. Using a Human Rights based approach is imperative to guide us while awaiting advancement of the ADMA (2015) and Deprivation of Liberty legislation to be included in this act.

Judicial navigation as official law meets culture in Turkey

2008 ◽  
Vol 4 (1) ◽  
pp. 35-61 ◽  
Author(s):  
Esin Örücü
Keyword(s):  
European Union ◽  
Human Rights ◽  
Conceptual Framework ◽  
Legal System ◽  
Union Membership ◽  
Legal Framework ◽  
Traditional Values ◽  
Human Rights Law ◽  
The People

This article aims to assess the work of the courts as navigators when law meets culture in Turkey, where the culture of the official legal system and the culture of the people do not always accord. First the conceptual framework used is analysed, then readers are introduced to the peculiarities of Turkish law and socioculture, and finally, the work of the judge is considered. Selected cases are in three groups: cases where courts face culture contrary to the vision embodied in the official legal framework; then, where courts face culture which can be catered for within the legal framework, though not in keeping with it, and now need revision because of the aspired European Union membership; and finally, where courts face demands of further Europeanisation and human rights law from the outside, which may or may not fit in the framework or the traditional values of the people.

scholarly journals Regional Vis-à-Vis Universal Institution for the Protection of Human Rights with Special Reference to Asia

2014 ◽  
Vol 34 ◽  
pp. 39-44
Author(s):  
Sanjay Kumar Yadav
Keyword(s):  
Human Rights ◽  
Special Reference ◽  
Effective Protection ◽  
Regional Institutions ◽  
National System ◽  
The People ◽  
Effective Manner ◽  
Protection Of Human Rights ◽  
Regional Institution ◽  
The Individual

Regional institution for the protection of human rights was born in order to overcome the weaknesses of universal institution for the protection of human rights. Regional institutions not only protected the human rights of the people in a effective manner but also give the rights to the individual to move against his own State for the violation of human rights. Regional institution also provide remedy to the individual when he does not get remedy from the national system for the protection of human rights. In Asia there is no regional institution for the protection of human rights. For effective protection and enforcement of human rights there is need to establish a regional institution in Asia.

scholarly journals Emergence of the Individual as an International Juristic Entity: Enforcement of International Human Rights

2004 ◽  
Vol 9 (2) ◽  
pp. 534-572 ◽  
Author(s):  
Julie Cassidy
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Groups ◽  
The State ◽  
International Human Rights ◽  
International Norm ◽  
State Practice ◽  
International Rights ◽  
The Many ◽  
The Individual

In this article it is contended that state practice, as evidenced in the declarations of the judiciary and the many treaties and conventions guaranteeing human rights, reveals a consensus of opinion acknowledging the individual to be an international juristic entity. So extensive is this practice that it could be seen as marking the emergence of a new customary international norm; or at least a general principle of international law, yet to crystallise into a custom; acknowledging the individual as the beneficiary of international rights. This is important for individuals and minority groups because if they possess international rights independently of the State, enforcement of their rights will no longer depend on the interests of the State. Where the State is often the offender of human rights, international law will not effectively confer any real rights unless the individual is so recognised as an inter- national juristic entity.

scholarly journals Subnational Leaders and Diplomacy

2019 ◽  
Author(s):  
Joana Setzer ◽  
Karen Anderton
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Legal Framework ◽  
Great Effort ◽  
Early 21St Century ◽  
The Past ◽  
The People ◽  
External Relations ◽  
State Of Affairs ◽  
Subnational Governments

Subnational diplomacy has become an increasingly important part of foreign policy and international relations. This observation concerns a state of affairs that is not necessarily obvious or given. First, by definition, subnational governments usually conduct subnational activities and address problems that affect their constituencies. Second, in many countries subnational governments undertake such an agenda without an actual legal framework authorizing such initiatives. However, with an intensified global interdependency, policy areas such as environmental protection, human rights, immigration, and trade, just to name a few, require action both at the international and territorialized levels, as many of them transcend political administrative boundaries. As a result, in the early 21st century it is possible to determine various forms of international relations conducted by subnational leaders. This activity involves direct interactions undertaken by subnational leaders and bureaucrats with other actors across borders (private, non-governmental, and governmental—national or subnational), participation in transnational networks, and/or participation in international policymaking. Because subnational governments are closer to the people and can test experimental or groundbreaking policies with less risk, oftentimes they can become pioneers of measures that can be rolled out or replicated elsewhere in the international domain. Such policy leadership is just one element of subnational engagement in the diplomatic arena whereby subnational governments move across jurisdictional levels, breaking the fixed scales in which they would traditionally operate. In the past years, scholars investigating the external relations undertaken by subnational governments have dedicated great effort to understanding the motivations for regions to go into the international arena. What these studies lack, however, is an understanding of what the implications are of subnational governments’ engagement in international relations.

scholarly journals PIDANA MATI DAN HAK ASASI MANUSIA

to-ra ◽  
2015 ◽  
Vol 1 (1) ◽  
pp. 57
Author(s):  
Nikson Gans Lalu
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Criminal Law ◽  
Life Time ◽  
Draft Code ◽  
Positive Law ◽  
The People ◽  
Pros And Cons ◽  
Individual Protection ◽  
The Individual

Death penalty is regulated in positive law of Indonesia, both governed in Civil Code and outside Code of Criminal Law, such in the Terrorism Law, Narcotics Law, and Corruption Crime Act Eradication Law. This indicates that death penalty is viewed as relevant in line with the crime dynamics growing in the community. Debates regarding death penalty among the pros and cons still take place in Indonesia so it raises a question among the people, how the existence of death penalty is seen of the viewpoints of Pancasila and Human Rights? Indeed, Pancasila contains balance value between one principle to another. If the Pancasila is seen partialy, then the answer arises on the question is the death penalty is contradictory to the Pancasila and Human Rights, however some answer also indicate it is not contracdictory to the Pancasila and Human Rights. National Draft Code of Criminal Law consistently retains the death penalty. However, in it‟s formulation policy remains considering the individual protection, namely enactment on provisions regarding “the suspension of death penalty execution” or “conditional death penalty, “if in the probation period (10 years) the convicted criminal does not show a good conduct, then the death penalty may be changed to life time imprisonment or 20 years imprisonment. The basic idea of maintaining the death penalty is to avoid people‟s demand/reaction which is revenge in nature or “extralegal execution” in nature.   Kata Kunci: Pidana mati

scholarly journals The Concept Of Solidarity As A Factor In The Realization Of Human And Civil Rights And Freedoms In Ukraine

2021 ◽  
pp. 109-119
Author(s):  
O.S. Shevchenko
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Common Good ◽  
Social Insurance ◽  
The State ◽  
Fundamental Rights ◽  
Basic Law ◽  
The People ◽  
Definition Of ◽  
The Individual

The article is devoted to the study of the role and significance of guarantees of individual rights and freedoms in Ukraine. The author defines that they are important factors in the economic, political, legal, cultural and other spheres of society that create conditions for the real possibility of exercising the rights and freedoms of the individual. The concept of solidarity excludes the idea of class struggle, the revolutionary path of development of society. According to this concept, the focus is on the social nature of the state: socio-economic, cultural, environmental rights of citizens are ensured with the participation of the state, which pursues an active socio-economic policy aimed at redistribution of funds for the most vulnerable, employment, social insurance, development affordable education, health care, etc. Guarantees for the realization of human and civil rights, freedoms and responsibilities can be described as a system of conditions and means that together ensure the exercise of constitutional human and civil rights, freedoms and responsibilities. The effectiveness of this system depends on various factors, but the main among them is the presence of certain elements in the system of government. These include: a) the existence of the Basic Law, the effect of which cannot be terminated arbitrarily; b) the definition of state power derived from the power of the people and the Constitution; c) consolidation at the constitutional level of fundamental rights, freedoms and responsibilities of man and citizen and the means and conditions of their exercise; d) the existence of an independent judiciary; e) the opportunity to protect their rights with the Commissioner for Human Rights of the Verkhovna Rada of Ukraine and in international human rights organizations. It is also proposed to solve certain issues of realization of human rights and freedoms in Ukraine through the implementation of the concept of solidarity - the principle of building a social system in which its members (citizens, families, ethnic groups, religious denominations, social groups, political parties, business corporations, etc.) have a real legal and socio-political subjectivity , on the basis of which their rights, opportunities and interests can be consolidated and solidified in order to achieve consensus goals (common good) in social frameworks of different scales (local, national, global).

scholarly journals Disentangling the conundrum of self-determination and its implications in Greenland

Polar Record ◽  
2020 ◽  
Vol 56 ◽  
Author(s):  
Dorothée Céline Cambou
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Groups ◽  
Self Determination ◽  
Human Right ◽  
Significant Control ◽  
The People ◽  
The Right ◽  
Right Of Self Determination

Abstract In 2009, the Act on Greenland Self-Government was adopted. It recognises that “the people of Greenland is a people pursuant to international law with the right of self-determination”. Within this framework, the people of Greenland have gained significant control over their own affairs and the right to access to independence. Yet, the extent to which this framework ensures the right of self-determination in accordance with fundamental human rights can still be questioned. From a human rights perspective, the right of self-determination is not a one-time right. It is fundamental human right that applies in different contexts beyond decolonisation and which has implications not only for colonial countries and peoples but also for the population of all territories, including indigenous and minority groups. From this perspective, this contribution seeks to disentangle and analyse the different facets of self-determination in Greenland while considering the implications of the right based on the multifarious identity of the peoples living in the country as colonial people, citizens, indigenous and minority groups, including their claim to control mining resources.

scholarly journals The Libyan Uprising and the Right of Revolution in International Law

2011 ◽  
Vol 11 (1) ◽  
pp. 7-32
Author(s):  
Thomas Keenan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
Legal Remedy ◽  
Protection Of Human Rights ◽  
The Law ◽  
Peace Enforcement ◽  
The Individual ◽  
The Right ◽  
International Instruments

Abstract Despite the ubiquitous coverage of the Libyan revolution throughout the last six months, very little has been said regarding the legal foundations for the rebels’ actions. Within the international legal framework, it must be asked whether the Libyan people even had a legal right in the first place to overthrow the Gaddafi regime. In fact, the existence of a right to rebel under international law is very much an unsettled matter. Among the sources of international law, a right to rebel is not enumerated in any of the principal international instruments. In truth, the only significant mention of the right is a passing but ambiguous reference in the preamble of the Universal Declaration of Human Rights. A customary right of revolution is similarly absent, as many nations criminalize treason and other insurrectionary activities. Instead, if such a right exists in international law, it must derive from the well-enshrined right of self-determination. Th is right would thus constitute an additional exception to international law’s general prohibition on the use force, standing alongside self-defense and Security Council peace enforcement. Yet establishing a right of revolution would mark a significant departure from these other exemptions. In essence, the right of revolution represents an allowance for non-state actors to resort to force unilaterally for the protection of human rights. For this very reason, contemporary international law likely does not recognize a popular right to revolt. In light of international law’s fi rm restrictions on lawful uses of force, there is no evidence that the law currently acknowledges a novel exception for the individual enforcement of human rights. Th us, in the absence of a change in the law, the proper legal remedy for the Libyan people was not rebellion but rather an appeal to the international community.

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