Human rights protection as justice in post-Brexit Britain: a case study of deportation

On Brexit ◽  
2019 ◽  
pp. 128-141
Author(s):  
Adrienne Yong
2019 ◽  
Vol 27 (1) ◽  
pp. 14
Author(s):  
Sholahuddin Al-Fatih ◽  
Zaka Firma Aditya

Terrorism is a form of extraordinary crime that not only leads to lives and material losses, but also creates a continuing fear in society. Backed by the many cases of terrorism with suicide bombing mode, especially in the case of Bali Bombing 1 and 2, then born special datachment 88 (Densus 88) which has the obligation to combat terrorism. Unfortunately, in cracking down on the perpetrators of terror, even those still suspected as terrorist suspects, Densus 88 often uses violence and even shoots off on the spot. The late Siyono was one of the victims of repressive measures carried out by Densus 88. In other cases, Densus 88 is also often proven to mis-arrest after the suspect has lost his life. This condition is certainly contrary to the spirit of democracy and efforts to guarantee human rights protection in Indonesia. This paper discusses: (1) the Standard Operational Procedure of terrorist suspected arrest process by Densus 88 and its comparison with anti terrorism agency in other country; and (2) Guarantees and legal protection in the fulfillment of the rights of suspected terrorists.


2021 ◽  
pp. 130-166
Author(s):  
Johanna Bond

This chapter uses the Committee on the Elimination of Discrimination Against Women (CEDAW) as a case study to explore the extent to which the UN treaty bodies have embraced intersectionality in their examination of individual complaints. In many cases, the UN treaty body system allows human rights victims to seek justice for rights violations by submitting a human rights complaint to one of the treaty bodies. The ability to bring a complaint to an international body offers victims a chance at compensation, remedies that may prevent future violations, and an acknowledgment that the state violated their rights. Although the complaint process cannot bring back a family member who was, for example, murdered by representatives of the state, holding the government accountable for its actions can be a powerful remedy for many victims. This chapter probes for evidence of intersectional analysis in one Committee’s consideration of individual complaints. The Committee’s jurisprudence reveals that it is moving toward an intersectional approach, which will enhance available remedies and lead to stronger human rights protection.


2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Gabriela Cristina Braga Navarro

The present article aims to analyse the recent decision against Brazil issued by the Inter-American Court of Human Rights, the Xucuru indigenous people and its members v. Brazil, which was decided in February 2018. The decision is the most recent among the consolidated jurisprudence of the Court on indigenous peoples` rights, as well as the first one against Brazil. The case study is based mainly upon a bibliographic review of primary sources related to the case, as well to the Court´s jurisprudence on indigenous rights. To achieve the central objective, the article is composed of three sections: an analysis of the Court´s jurisprudence on indigenous territorial rights, a further analysis of the decision on the Xucuru case and, finally, an analysis of aspects that were absent in the decision. The article concludes that, in most aspects, the judgment consolidates the Court case law on the territorial protection of indigenous lands. However, the decision is considered flawed in regard to four aspects: the protection of human rights defenders, the mentioning of the American Declaration on the Rights of Indigenous Peoples, applied remedies and the recognition of the injured party. As the case is very recent, this is the first academic analysis on its content. The Court´s innovative jurisprudence on indigenous rights must be acknowledged, but flaws and limitations in the most recent decision must be pointed out and analysed in order to enable further development and, therefore, provide a most adequate human rights protection.


2019 ◽  
Author(s):  
Paula Gorzoni

The application of the margin of appreciation is indispensable in the practice of the European Court of Human Rights as the European Convention on Human Rights does not envisage the development of a single understanding of human rights for all states. However, it has to be taken into account that the states’ margin of discretion in this respect cannot be unlimited. The challenge is to find the necessary balance between the sovereignty of the national authorities and a coherent form of international human rights protection. This study analyses this challenge using the theory of principles. It raises the question of how an international balance, including the sovereignty or the competence of the national authorities as a formal principle, can be established. In the course of reconstructing the margin of appreciation by applying different models of formal principles in an empirical case study, the author develops an answer to this question.


Author(s):  
Birkah Latif ◽  
Agung Syaputra ◽  
Nurul Zashkia ◽  
Rifda Aprilia Rusfayanti

In administering a country based on the rule of law, the main element is the enforcement of human rights. In every country still found, there are discriminatory discriminations against citizens, both those that are needed from state actions, and those needed from the community. With the existence of a convention on the protection of special human rights, the state must approve and protect its citizens. Problems that occur in pluralistic Indonesia is in preventing the social life in community. The research method of the paper is an empirical juridical method to answer whether Indonesia handling the enforcement of human rights and review human rights protection in Indonesia when dealing with communities which holding customary law in their community. If the practice of customary law turns out there is discriminatory practices against the tribe or sub-tribe in it, then how does the state uphold human rights?


2021 ◽  
pp. 1037969X2110545
Author(s):  
Joseph Cho

New South Wales (NSW) relies on a robust application of the Westminster system of government for its human rights protection. In 2020, the system was subjected to a major stress test via the COVID-19 pandemic, with new public conditions imposed on previously unregulated individual freedoms. The author examines the extent to which human rights featured in NSW parliament’s oversight of the 2020 pandemic response and finds it inadequate. The author concludes that the case study demonstrates a need for the state’s human rights protection model to be reconsidered.


2017 ◽  
Vol 18 (1) ◽  
pp. 78-107
Author(s):  
Andrew Wolman

Over the last two decades, municipal human rights institutions have proliferated around the world. One of the newest examples of such initiatives is the Seoul Human Rights Ombudsperson Office, which was established in January 2013 as one of the core institutions of human rights protection in Seoul, Korea. This article will present a case study of the operations of the Seoul Human Rights Ombudsperson Office based on interviews and documentary research. It will focus on the question of how this newly established institution fits into the existing human rights regime, and in particular address three distinct issues, namely the degree to which the Seoul Human Rights Ombudsperson Office reflects local versus national or international influences, the types of institutional relationships it has with other human rights actors, and the degree to which it implements local versus national or international human rights norms.


Author(s):  
Uliana Kuzenko

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.


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