Crime or Human Right?

2022 ◽  
pp. 69-88
Author(s):  
Augustine Edobor Arimoro
Keyword(s):  
Human Rights ◽  
Sexual Activity ◽  
Cultural Values ◽  
Research Methodology ◽  
The Other ◽  
Cultural Issues ◽  
Same Sex ◽  
Legal Research ◽  
Human Right ◽  
Sexual Conduct

To the Nigerian state, consensual sexual activity among persons of the same sex is against the order of nature and must be punished as a crime. On the other hand, to persons who engage in sexual activity with persons of the same gender and to rights' activists, the act is a right, like any other, which should be respected and protected. This chapter examines the cultural issues, the human rights angle, and the future of the criminalization of same-sex sexual conduct conundrum in Nigeria. Using the doctrinal method of legal research methodology, the chapter reviews laws criminalizing homosexuality in Nigeria in juxtaposition with human rights provisions both in the international and domestic context in search of a solution to the problem. Accordingly, it is recommended that while the law should protect cultural values, human rights are sacrosanct and must not be sacrificed.

Crime or Human Right?

2020 ◽  
pp. 142-167
Author(s):  
Augustine Edobor Arimoro
Keyword(s):  
Human Rights ◽  
Sexual Activity ◽  
Cultural Values ◽  
Research Methodology ◽  
The Other ◽  
Cultural Issues ◽  
Same Sex ◽  
Legal Research ◽  
Human Right ◽  
Sexual Conduct

To the Nigerian state, consensual sexual activity among persons of the same sex is against the order of nature and must be punished as a crime. On the other hand, to persons who engage in sexual activity with persons of the same gender and to rights' activists, the act is a right, like any other, which should be respected and protected. This chapter examines the cultural issues, the human rights angle, and the future of the criminalization of same-sex sexual conduct conundrum in Nigeria. Using the doctrinal method of legal research methodology, the chapter reviews laws criminalizing homosexuality in Nigeria in juxtaposition with human rights provisions both in the international and domestic context in search of a solution to the problem. Accordingly, it is recommended that while the law should protect cultural values, human rights are sacrosanct and must not be sacrificed.

Sexual Orientation as a Human Right

2015 ◽  
pp. 70-85
Author(s):  
Despina A. Tziola
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Sexual Identity ◽  
Complex Problem ◽  
Same Sex ◽  
Human Right ◽  
Cultural Rights ◽  
The United Kingdom ◽  
Sexual Orientations ◽  
The Supreme Court

In this chapter, the authors examine the matter of sexual orientation as a human right. Human rights violations take many forms, from denials of the rights to life to discrimination in accessing economic, social, and cultural rights. More than 80 countries still maintain laws that make same-sex consensual relations between adults a criminal offence. Those seeking to peaceably affirm diverse sexual orientations or gender identities have also experienced violence and discrimination. A gay man was entitled to live freely and openly in accordance with his sexual identity under the Refugee Convention (“the Convention”) and it was no answer to the claim for asylum that he would conceal his sexual identity in order to avoid the persecution that would follow if he did not do so. The Supreme Court of the United Kingdom had to solve this complex problem as many issues were raised in the hearing.

scholarly journals Corruption, Corporations, and the New Human Right

2017 ◽  
Author(s):  
Andrew B. Spalding
Keyword(s):  
Human Rights ◽  
International Law ◽  
Social Contract ◽  
Environmental Law ◽  
The Other ◽  
Human Right ◽  
Foreign Corrupt Practices Act ◽  
Corporate Rights ◽  
Federal Statute ◽  
Corporate Liability

We should no longer expect the Alien Tort Statute to be the principal federal statute that deters overseas corporate rights violations. That distinction rightly belongs to the Foreign Corrupt Practices Act, an antibribery statute that rests on undisputed principles of corporate liability, contains a clear congressional statement of extraterritorial application, and routinely collects penalties from multinational corporate defendants. Scholars have not associated the FCPA with human rights, owing principally to a thin understanding of rights theory. But freedom from corruption can and should be understood as a human right, one that is as old as social contract theory but new to federal and international law. With specific reforms—one modeled after environmental law and the other after intellectual property—the FCPA can become a more powerful statutory tool for deterring overseas corporate rights violations than the ATS ever was or will be.

scholarly journals DISKURSUS PERKAWINAN BEDA AGAMA DI INDONESIA DALAM TINJAUAN UNIVERSALISME HAM DAN RELATIVISME BUDAYA

2021 ◽  
Vol 20 (1) ◽  
pp. 131
Author(s):  
Fitrawati Fitrawati
Keyword(s):  
Human Rights ◽  
The State ◽  
Universal Declaration ◽  
Cultural Relativism ◽  
The Other ◽  
Freedom Of Religion ◽  
Legal Research ◽  
Interfaith Marriage ◽  
Cultural Relativity ◽  
The Right

This paper tries to examine the right to freedom of interfaith marriage in Indonesia from the perspective of Human Rights Universalism and Cultural Relativism. The purpose of this paper is to explain how universalism and cultural relativity view interfaith marriage in Indonesia. This research is a normative legal research. This study uses a literature approach. The findings of this study indicate that interfaith marriage in Indonesia is still not well accepted and has always been controversial news in the community, even considered to have exceeded or violated the provisions of marriage, but there are still followers of different religions who decide to marry. In fact, many of them are smuggling laws so that their marriages are recognized by the state, namely by registering marriages abroad and then continuing the registration in Indonesia. Meanwhile, on the other hand, Indonesia already has a law on Marriage, namely, Article 2 paragraph 1. It is also contained in the article of the Universal Declaration of Human Rights, namely the right to freedom of marriage (article 16 UDHR) which includes the right to marry between religions (different religions), and the right to freedom of religion (article 18 UDHR) which includes the right to change religions. Meanwhile, in cultural realivism, it rejects everything that is universal.

Against Human Rights

Philosophy ◽  
1990 ◽  
Vol 65 (253) ◽  
pp. 341-348 ◽  
Author(s):  
John O. Nelson
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Free Speech ◽  
The Other ◽  
Bill Of Rights ◽  
Human Right ◽  
The United Nations ◽  
The Right ◽  
United Nations Charter ◽  
The U.S

Let me first explain what I am not attacking in this paper. I am not attacking, for instance, the right of free speech or any of the other specific rights listed in the U.S. Constitution's Bill of Rights or the United Nations' Charter. I am, rather, attacking any specific right's being called a ‘human right’. I mean to show that any such designation is not only fraudulent but, in case anyone might want to say that there can be noble lies, grossly wicked, amounting indeed to genocide.

scholarly journals Protecting the rights of LGBTIQ people around the world: Beyond marriage equality and the decriminalisation of homosexuality

2021 ◽  
pp. 1037969X2098665
Author(s):  
Paula Gerber ◽  
Senthorun Raj ◽  
Cai Wilkinson ◽  
Anthony Langlois
Keyword(s):  
Human Rights ◽  
Marriage Equality ◽  
Same Sex ◽  
High Profile ◽  
The World ◽  
Sexual Conduct ◽  
The Many ◽  
Rights Issues

Discussions about the human rights of LGBTIQ people tend to centre around two vastly different issues, namely, marriage equality and the criminalisation of same-sex sexual conduct. However, looking only at these two high-profile issues ignores the many pressing concerns facing LGBTIQ people around the world. This article identifies and analyses eight other human rights issues that urgently need addressing, in order to respect the rights of LGBTIQ people across the globe.

scholarly journals Pelaksanaan dan Penegakkan Hak Asasi Manusia dan Demokrasi di Indonesia

Humaniora ◽  
2011 ◽  
Vol 2 (1) ◽  
pp. 201
Author(s):  
Besar Besar
Keyword(s):  
Human Rights ◽  
Everyday Life ◽  
Research Methodology ◽  
Intrinsic Value ◽  
Influential Factors ◽  
Human Rights Violations ◽  
Human Right ◽  
Research Results ◽  
Fundamental Nature ◽  
Political Economic

The term human right shows that the power or authority a person has the fundamental nature. Number of cases of human rights violations that occur because of lack of understanding of the intrinsic value of every person so easily violate the rights of others. This violation is influenced by some cause. The most influential factors are political, economic, social, cultural and security. This research is examining the existing literature to find out about the importance of knowing human rights in everyday life in society and among students and to know more deeply about its relationship with democracy. The research methodology is explanatory; data used is data skunde namely from books. Based on research results, it can be concluded that the human rights needs to be communicated and implemented within the life of the community and among students. By knowing the obligations of their human rights and the implementation of human rights will be better again. 

scholarly journals The Right to Freedom of Express Opinions in Public Based on Pancasila

2021 ◽  
Vol 3 (1) ◽  
pp. 1-14
Author(s):  
Triwahyuningsih Triwahyuningsih
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Universal Declaration ◽  
Way Of Life ◽  
Legal Research ◽  
Conceptual Approach ◽  
Human Right ◽  
The West ◽  
The Right

Freedom to express opinions in public is a human right guaranteed by the 1945 Indonesian Constitution and the Universal Declaration of Human Rights. The concept of human rights originating from the West resulted in its application often causing problems. This problem arises because the values of freedom that are generally upheld in the West are different from the specific values based on the philosophy and way of life in each country.  The purpose of this study is to describe how the freedom to express opinions in public is in accordance with the values of Pancasila ideology. This research is normative legal research with a statute approach and a conceptual approach. Using primary and secondary legal materials also analyzed qualitatively descriptively. The results of the study conclude that the right to express freedom in public must be in accordance with the values of Pancasila, which is to fulfill the principle of balance between the rights and obligations of every citizen with the goal of responsible freedom being realized. Rights should not be understood only as claims on others, but also contain an obligation to respect the rights of others. Rights always have implications for obligations. All obligations, like all rights, derive from law, because all obligations are moral imperatives and all moral imperatives arise from law. Its application always upholds the values of divinity, humanity, unity, democracy and aims to realize social justice for all Indonesian people.Keywords: right of freedom, express opinion, Pancasila

scholarly journals Protection From Domestic Violence: An Essential Human Right or a “Fight” Against Masculinity?

2017 ◽  
Vol 4 (4) ◽  
pp. 183
Author(s):  
SALOMĖJA ZAKSAITĖ
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Criminal ◽  
Good Practice ◽  
Cultural Issues ◽  
Human Right ◽  
European Court ◽  
Feminist Theories ◽  
International Laws ◽  
Law Making

I object to violence because when it appears to do good, the good is only temporary; the evil it does is permanent.M. GandhiDomestic violence is associated with various contemporary legal and cultural issues: fundamental human rights, non-discrimination, hatred, feminist theories, Western roots of aggression etc. In this article, the protection from domestic violence is viewed in the light of national and international laws, of the jurisprudence of the European Court of Human Rights, as well as of certain criminological insights. The structure of the research is divided as follows: first, the substantive issues of domestic violence and the concept of such aggressive actions are investigated. To illustrate the relation between international, criminal, civil and social security law, a schematic interaction between the aforementioned substantive laws is introduced. Secondly, procedural issues are analyzed, certain good practice examples are presented and reflections on law-making are laid out.

scholarly journals KEDUDUKAN ORGANISASI KEMASYARAKATAN ASING DI INDONESIA DI TINJAU DARI PERATURAN PEMERINTAH NOMOR 59 TAHUN 2016

2018 ◽  
Vol 3 (2) ◽  
pp. 198
Author(s):  
Elwidarifa Marwenny ◽  
Engrina Fauzi ◽  
Jelisye Putri Cenery
Keyword(s):  
Human Rights ◽  
Qualitative Method ◽  
Government Regulation ◽  
Community Organization ◽  
Community Organizations ◽  
The State ◽  
The Other ◽  
Human Right ◽  
Other Hand ◽  
The Government

One of the form of applying the value of democratic in Indonesia is accommodate by the regulation of community organization which is concretely regulated in the provisions of article 28 E Paragraph 3 of the 1945 constitution also in the provisions of law number 39 of 1999 on Human Rights. The existence of community organizations does have a great constribution in the implementation of the state, but on the other hand the existence of people raises the pro and contra. The enecment of government regulation number 59 on community organization established by foreign citizens makes the community more worried if the exixtance of community organizations affect the sovereignty of NKRI because they have different ideology with Indonesia. Based on this, it should be discussed about the organizations in Indonesia. The position of foreign social organizatios in Indonesia is reviwed from the government regulation number 59 of 2016 on community organizations established by foreign citizens and the influence of basic organizations for the sovereignty of NKRI. To answer that question, qualitative method is used  as a means to answer the problem by conducting of normative juridical approach which is done by reviewing the law and the literature. Based on this study, it is concluded that the existence of foreign social organizatios in Indonesia in line with  democracy and human right but also politically can treaten NKRI.

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