Can Therapeutic Jurisprudence Improve the Rights of Female Prisoners?

2017 ◽  
pp. 248-263
Author(s):  
Helen Crewe
Keyword(s):  
United Nations ◽  
Women Offenders ◽  
Prison System ◽  
Therapeutic Jurisprudence ◽  
Women Prisoners ◽  
Sexual Assaults ◽  
Female Prisoners ◽  
International Laws ◽  
Condition Of Women ◽  
International Conventions

Women offenders may suffer from numerous violations of basic rights within the prison system. They are vulnerable for sexual assaults including rape, molestation and sexual bullies. They may also lack basic medical and hygienic amenities. While international conventions and rules like United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (Bangkok Rules, 2010) offers guidelines for protection of the rights of women prisoners, still there has been no research which explores the therapeutic jurisprudential values of such rules. This chapter suggests that the therapeutic jurisprudential approach of the domestic and international laws, conventions and guidelines must be understood by the practitioners, activists and other stakeholders who may in turn; make use of the therapeutic jurisprudential values to improve the condition of women prisoners.

Can Therapeutic Jurisprudence Improve the Rights of Female Prisoners?

2018 ◽  
pp. 1248-1264
Author(s):  
Helen Crewe
Keyword(s):  
United Nations ◽  
Women Offenders ◽  
Prison System ◽  
Therapeutic Jurisprudence ◽  
Women Prisoners ◽  
Sexual Assaults ◽  
Female Prisoners ◽  
International Laws ◽  
Condition Of Women ◽  
International Conventions

Women offenders may suffer from numerous violations of basic rights within the prison system. They are vulnerable for sexual assaults including rape, molestation and sexual bullies. They may also lack basic medical and hygienic amenities. While international conventions and rules like United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (Bangkok Rules, 2010) offers guidelines for protection of the rights of women prisoners, still there has been no research which explores the therapeutic jurisprudential values of such rules. This chapter suggests that the therapeutic jurisprudential approach of the domestic and international laws, conventions and guidelines must be understood by the practitioners, activists and other stakeholders who may in turn; make use of the therapeutic jurisprudential values to improve the condition of women prisoners.

scholarly journals PROTECTING THE SEAS AND OCEANS OF THE WORLD BY MEANS OF SANCTIONS AND OTHER MEASURES OF PUBLIC INTERNATIONAL LAW

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Daniel-Ştefan Paraschiv
Keyword(s):  
International Law ◽  
Public International Law ◽  
Psychotropic Substances ◽  
The World ◽  
International Laws ◽  
International Conventions ◽  
Illicit Traffic ◽  
High Seas

AbstractThe maritime zones recognized under international laws – are formed from the highseas, with the riches at the bottom of the oceans and seas from this perimeter – which isregulated by international conventions, whose infringement may lead to the application ofsanctions in conformity with the dispositions stipulated, or, in the lack of such dispositions, totaking other measures, such as repression or retaliation, which are considered, in the publicinternational law, as being general sanctions included in the category of countermeasures.At high seas serious acts of a criminal character are also committed, such as: piracy,illicit traffic of narcotics and psychotropic substances, etc., thus all states must cooperate inview of repressing these acts and sanctioning the culprits.

scholarly journals Socio-Environmental Condition Of Women At Prison: A Case Study Of Karachi Central Jail

2011 ◽  
Vol 5 (1) ◽  
pp. 65-77
Author(s):  
Dur-e-Shehwar Baloch ◽  
Parveen Shah ◽  
Misbah B Qureshi
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Environmental Conditions ◽  
Women Prisoners ◽  
Environmental Condition ◽  
Quantitative And Qualitative Research ◽  
Qualitative Research Methodology ◽  
Questionnaire Method ◽  
Condition Of Women

This paper proposed to discuss the socio-environmental conditions of women at prison in Karachi.1 Prison is kind of punishment in which people are physically restricted of a range of personal freedom. Besides this, in jail manual, women have been protected by different rules and regulations. This paper is an explanatory study based on quantitative and qualitative research methodology. The questionnaire method was used for the purpose of data collection. The study shows that the situation on ground and the conditions of women prisoners is not good. In Pakistan rules and laws are available however, they are not implemented. This paper also suggests measures and recommendations in order to overcome the unhealthy and unhygienic condition faced by women prisoners at Karachi Central Jail.

The Significance of the Universal Declaration of Human Rights: The record so far and future prospects

1966 ◽  
Vol 6 (63) ◽  
pp. 287-296
Author(s):  
Albert Verdoodt
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Universal Declaration ◽  
General Assembly ◽  
Future Prospects ◽  
Social Council ◽  
The United Nations ◽  
Condition Of Women

On the 10th December 1948, the General Assembly of the United Nations adopted the Universal Declaration of Human Rights which had been drawn up by a series of meetings of the Commission of Human Rights and the Commission on the Condition of Women as well as major discussions which took place during the first seven sessions of the Economic and Social Council. The General Assembly presented this Declaration “as a common standard of achievement for all peoples and all nations to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education … and by progressive measures, national and international, to secure their universal and effective recognition and observance …”

The E.U.'s Definition of Terrorism: The Council Framework Decision on Combating Terrorism

2004 ◽  
Vol 5 (5) ◽  
pp. 585-602 ◽  
Author(s):  
Eugenia Dumitriu
Keyword(s):  
United Nations ◽  
International Law ◽  
International Community ◽  
Framework Decision ◽  
Freedom Fighters ◽  
Long Time ◽  
Multiple Resolutions ◽  
Definition Of ◽  
Terrorist Acts ◽  
International Conventions

Terrorist acts have, for a long time, constituted a major concern for the international community. Yet the definition of terrorism has represented an area of international law where the divergence of views between States was significant. For some, the protection of the State and of the democratic values of the society laid at the heart of the debate, whereas others were more concerned with the risk of an unjustified repression of “freedom fighters.” These approaches, although apparently complementary, have proved to be irreconcilable in practice. At the United Nations’ level, this division of the international community prevented the emergence of a consensus over a horizontal definition of terrorism. This situation,-paradoxically did not impede the adoption of several international conventions dealing with specific aspects or forms of terrorism as well as of multiple resolutions on this issue.

Non-proliferation Law and the United Nations System: Resolution 1540 and the Limits of the Power of the Security Council

2007 ◽  
Vol 20 (2) ◽  
pp. 489-518 ◽  
Author(s):  
DANIEL H. JOYNER
Keyword(s):  
United Nations ◽  
Security Council ◽  
General Assembly ◽  
Weapons Proliferation ◽  
Un Security Council ◽  
International Laws ◽  
The Creation ◽  
The United Nations ◽  
United Nations System ◽  
Nations System

This article argues that in passing Resolution 1540, the UN Security Council has confused the proper scope of its enforcement powers under Chapter VII with the proper scope of its long unused, limited, lawmaking powers under Article 26. It has thereby taken to itself by unilateral exercise of its Chapter VII powers a role which, under the Charter system, it is to share with both the General Assembly, in the exercise of its Article 11(1) powers, and the general membership of the United Nations, to whom it is directed under Article 26 to submit proposals for the creation of new international laws in the area of weapons proliferation.

scholarly journals International Laws on Oil Pollution Caused by Ships and Their Enforcement in Vietnam

2020 ◽  
Vol 55 (2) ◽  
Author(s):  
Pham Van Tan
Keyword(s):  
Oil Pollution ◽  
Human Life ◽  
Rapid Development ◽  
Civil Liability ◽  
Assessment Method ◽  
International Convention ◽  
Pollution Damage ◽  
Major Interest ◽  
International Laws ◽  
International Conventions

Pollution in the marine environment, especially pollution caused by oil, is of major interest to the international community because the sea plays a major role in human life. With the rapid development of Vietnam’s maritime activities, the risk of oil pollution in Vietnam’s sea is increasing. Therefore, the study of the international laws on oil pollution caused by ships is also an urgent and necessary issue for Vietnam. The system of modern international laws has formed the legal regulatory framework to address oil pollution caused by ships at the sea by a series of international conventions related to oil pollution. With the comparison method and assessment method, the article describes a new idea for improving the oil pollution law system of Vietnam, based on the analysis and comparison of international conventions on oil pollution caused by ships with several Vietnam laws, including: United Nations Convention on the Law of the Sea 1982; International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978; International Convention on Civil Liability for Oil Pollution Damage 1992; and International Convention on Civil Liability for Bunker Oil Pollution Damage 2001. From these analyses and comparisons, the author offers some learned lessons for Vietnam, which have helped Vietnam to develop legal documents to improve the legal system regarding oil pollution – which is a necessity for Vietnam at present.

scholarly journals PERLINDUNGAN HAM PEKERJA MIGRAN: KAJIAN NORMATIF KEWAJIBAN INDONESIA BERDASAR PRINSIP-PRINSIP DAN NORMA-NORMA HUKUM INTERNASIONAL

2013 ◽  
Vol 2 (1) ◽  
Author(s):  
Sri Lestari Rahayu ◽  
Siti Muslimah ◽  
Sasmini ,
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Migrant Workers ◽  
Legal Argumentation ◽  
Customary International Law ◽  
Legal Principles ◽  
Protection Of Human Rights ◽  
United Nations Convention ◽  
International Conventions

<p align="center"><strong><em>A</em></strong><strong><em>b</em></strong><strong><em>s</em></strong><strong><em>t</em></strong><strong><em>r</em></strong><strong><em>a</em></strong><strong><em>c</em></strong><strong><em>t</em></strong></p><p><em>T</em><em>h</em><em>i</em><em>s research is conducted to get a legal argumentation related to responsibility of Indonesia on protection of its citizen, especially migrant workers. The question will be answered by determining the norms and principles that underlie Indonesia in protecting the human rights of its citizens. The sources of this research are international conventions, customary international law, doctrine, legal instruments in Indonesia and some of publications concerning the state responsibility to protect migrant workers. The legal sources collected by study documentation are analyzed by interpretation and content analysis. The results show that the general legal principles in which become basic of Indonesia associated with its obligation to provide protection of human rights of women migrant workers are based on the principle of nationality/citizenship of Indonesia, the principle of pacta sunt servanda, the principle of exhaustion of local remedies, the shift in meaning of the sovereignty principle and recognition principles theory of natural rights which inherent in every human being. While the norms are contained in the Migration for Employment Convention (Revised), 1949 (No. 97), the Convention on Migrant Workers (Supplementary Provisions), 1975 (No. 143), United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1</em><em>9</em><em>9</em><em>0</em><em>.</em></p><p><strong><em>Key words: </em></strong><em>human rights, migrant workers, obligations, international law</em></p><p align="center"><strong>A</strong><strong>b</strong><strong>s</strong><strong>t</strong><strong>ra</strong><strong>k</strong></p><p>Penelitian ini dilakukan untuk memperolah gambaran yang lebih mendalam mengenai tanggung jawab Negara Indonesia dalam memberikan perlindungan terhadap hak-hak warga negaranya, khususnya pekerja migran. Penulis mencoba menjawab permasalahan tersebut dari sisi normatif yaitu dengan mendasarkan pada norma-norma dan prinsip-prinsip yang mewajibkan setiap negara termasuk Indone- sia untuk melindungi hak asasi warga negaranya. Bahan penelitian yang digunakan meliputi perjanjian- perjanjian internasional, doktrin, hukum kebiasaan internasional, peraturan perundang-undangan di Indonesia, serta beberapa publikasi yang terkait dengan kewajiban negara atas perlindungan pekerja migran. Bahan hukum yang dikumpulkan melalui studi dokumen selanjutnya dianalisis melalui interpretasi teks dan analisis isi. Hasil pembahasan menunjukkan bahwa prinsip-prinsip hukum umum yang menjadi dasar Indonesia terkait dengan kewajibannya untuk memberikan perlindungan HAM pekerja migran didasarkan pada prinsip nasionalitas, prinsip <em>pacta sunt servanda</em>, prinsip <em>exhaustion of local remedies</em>, pergeresan makna prinsip kedaulatan dan diakuinya prinsip teori hak-hak kodrati yang melekat dalam diri setiap manusia. Sedangkan norma-normanya terdapat dalam Konvensi Migrasi untuk Pekerjaan (Revisi), 1949 (No. 97), Konvensi Pekerja Migran (Ketentuan-Ketentuan Tambahan), 1975 (No. 143), <em>United Nations Convention on The Protection of The Rights of All Migran Workers and Member of Their Families </em>tahun 1990.</p><strong>Kata kunci: </strong>hak asasi manusia (HAM), pekerja migran, kewajiban, hukum internasional

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