scholarly journals Legal Protection of Women and Children in the Perspective of Human Rights

Author(s):  
Ni Putu Rai Yuliartini
2018 ◽  
pp. 165-175
Author(s):  
Puja Mitra

Transgender people are discriminated based on their gender identity, especially, in the societies of South Asian countries. The legal recognition of this ‘third sex’ had to wait long in countries like India, Pakistan, Nepal and Bangladesh. The human rights of these people are being violated in every sector although having been recognized as ‘citizens’ by their respective governments. Many countries have already started to let them get involved in different social and economic activities. In 2013, the Bangladesh government declared the status of the third gender to the transgender people of its territory. This recognition was aimed to protect all the human rights of the third gender enabling them to identify their gender as ‘Hijra’ in all government documents and passport. Section 27 of the Constitution of Bangladesh states that ‘All the citizens are equal before the law and are entitled to equal protection of law’. But the legal protection of the human rights of the newly recognized third gender is questionable till now. The Prevention of Oppression against Women and Children Act, 2000 describes the rights of only women and children. In Bangladesh, the transgender people are becoming rape victims everywhere but unlike women and children, their rape cases never get filed as the police officers do not even believe that anyone can rape these third genders. This social taboo and negligence are costing the sexual minorities their human rights like legal protection. Therefore, it has become important to address this issue to create social awareness which might induce the urgency to practice equal laws for every gender identity. In this paper, a critical analysis of the human rights of Bangladeshi transgendered people has been performed. Finally, the human rights condition of transgender people of Nepal and India is also discussed.


Author(s):  
Andreina Nandya Agung Putri

Indonesia ensure the welfare all of the citizens, including the protection Violence against women and children is a violation of human rights. The purpose of this research is to know the service procedure, that is given by P2TP2A to child victim of violence in the household and P2TP2A efforts in tackling domestic violence. This research used a sociological yuridistmetode whit analysis data that collected from describing by observation, interview and documentation as well as literature-related literature. Researchers took samples from Sidoarjo P2TP2A and then analyzed. The results of the research conducted it can be known procedure P2TP2A service victims can report to P2TP2A directly, via the hotline as well as public complaints and media directly. Next, P2TP2A in tackling domestic violence carried out some activities include prevention, service, and rehabilitation. The benefits of this study are expected to provide an understanding of solutions related to the implementation of which can be done P2TP2A appropriate in implementing the protection of children who experience KDRT.


Author(s):  
Dewa Gede Sudika Mangku

The state has an obligation to protect its citizens, including the protection of women and children with disabilities. Given that people with disabilities remain the most vulnerable and marginalized group in every society, even though the international and national human rights movements have improved, in general this group is still in the last row enjoying it. The purpose of this research is to analyze and study legal protection for women and children with disabilities and the obstacles that exist in Indonesia. The research method used in this research is normative juridical, with the approach used the statutory approach. The results of his research show that women and children with disabilities in Indonesia have obtained legal protection based on human rights law and international treaties that have been ratified by the Indonesian government, although in implementation there are still obstacles that occur but this does not prevent fulfillment of the rights of persons with disabilities in Indonesia, especially for women and children.


2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  


2009 ◽  
Vol 38 (3) ◽  
pp. 268-294
Author(s):  
Stuart Wallace

This paper analyses the legal protection of the journalist–source relationship from both sides and the underlying interests involved. The paper begins by analysing why the relationship deserves protection. The position of journalists at common law is analysed with a discussion of the application of the principle established in Norwich Pharmacal v Customs and Excise to journalists. The development of immunity from contempt in s. 10 of the Contempt of Court Act 1981 is examined to illustrate the ideological clash between the judiciary and journalists. The impact of the Human Rights Act and decisions of the European Court of Human Rights are analysed to assess whether this will lead to a change in attitudes in the UK. Finally, the potential threat to journalists posed by compelled evidentiary disclosure in criminal cases is reviewed, with a particular look at ‘special procedure’ material. The US section begins with an analysis of the law at federal level, the decisions of the Supreme Court, including the leading decision of Branzburg v Hayes, as well as the role the legislature has played. The paper then analyses protections provided at state level, with a case study of the California shield law and a review of Californian jurisprudence.


2021 ◽  
Vol 4 (1) ◽  
pp. 378
Author(s):  
Dimas Aji Prasetyo ◽  
Juanito Juanito ◽  
Adinda Mustika Hapsari ◽  
Aga Natalis

<p><em>The purpose of this study is to find out and analyze the construction of policies for handling the Covid-19 pandemic based on women and children's welfare and analyze the Government's role in realizing the policy for handling the Covid-19 pandemic. In order to realize the welfare of women and children. This study uses a qualitative method with a normative juridical approach. The results showed that the construction of welfare-based Covid-19 handling policies for women and children must be socialized to women and children. The socialization process to women and children is carried out in a way; love, appreciation, and love between family members. Socializing women and children in making a policy must encourage and enable women and children to collaborate as equal stakeholders in policies to handle Covid-19 during the pandemic. This policy has certain limitations, such as Human Rights, Good Governance, and Morality. Policies with these limitations will produce policies that guarantee freedom for women and children, protection for women and children, welfare for women and children, child development, all of which must be considered in the policy for handling Covid 19.  </em></p><p><em> </em></p>


Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies


2020 ◽  
Vol 8 (7) ◽  
pp. 78-87
Author(s):  
Dr. A.R. Uma Ramamoorthy

In the contemporary scenario, Subaltern Studies group brings together the writers, like Amitav Ghosh and Mahasweta Devi who have been frequently associated with subaltern concerns. Mahasweta Devi is a champion of subaltern community and through her works she always indicts and questions the government and other people about the sanctioning of human rights to dalits, tribals, women and children. Mahasweta Devi’s After Kurushetra narrates the stories of women who were subalternized by the kings and queens of Hastinapur. The life stories of these women appeared in the forms of short stories namely “The Five Women (Panchakanya)”, “Kunti and the Nishadin (Kunti O Nishadi), and “Souvali” in After Kurushetra. “Souvali” narrates the story of Souvali who was a dasi working in the royal palace of Hastinapur: She was sexually exploited by Dhritarashtra and gave birth to a son named Yuyutsu. Though Yuyutsu @ Souvalya was not considered by Dhritarashtra as his first son, yet he was allowed by Yudhishtira to give ‘tarpan’ to Dhritarashtra during the time of ‘mahatarpan.’ Souvalya, as a son, had done his duty to Dhritarashtra but Souvali voiced against the oppressions meted on her by the king through her action. She did not adhere to the norms of widowhood after the death of Dhritarashtara for she was never considered by him as his wife.


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