scholarly journals Tax Regime in Nepal-Implications on Human Rights

2018 ◽  
pp. 68-85
Author(s):  
Dagan Omwesiga
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Tax Evasion ◽  
Poverty Line ◽  
Right To Health ◽  
Right To Food ◽  
The Government ◽  
Bar Association ◽  
The Right ◽  
Over Time

This paper examines how tax abuse affects the realization of human rights in Nepal. Nepal is losing approximately 597 million US dollars through tax evasion and other illicit fi nancial fl ows annually; it is no surprise that over 25.2 percent of the population lives below the national poverty line.1 This shows that they lack access to basic human rights such as the right to food, the right to housing, the right to clothing and above all, the right to health. This article explores how human rights in Nepal have evolved over time and how they are protected along with the available remedies through national and international mechanisms. Additionally, it examines the available mechanisms and remedies for the breach of human rights. To contextualize the concept offered, this write-up explores the research produced by scholars and the steps that have been taken by organizations like United Nations and the International Bar Association to establish a link between illicit fi nancial fl ows and violation of human rights. In conclusion, the paper provides some recommendations to both the government of Nepal and business enterprises.

The Office of the United Nations High Commissioner for Human Rights

2018 ◽  
Author(s):  
Gillian MacNaughton ◽  
Mariah McGill
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Right To Health ◽  
Social Rights ◽  
Limited Capacity ◽  
United Nations High Commissioner ◽  
Leading Role ◽  
High Commissioner ◽  
The United Nations ◽  
The Right

For over two decades, the Office of the UN High Commissioner for Human Rights (OHCHR) has taken a leading role in promoting human rights globally by building the capacity of people to claim their rights and governments to fulfill their obligations. This chapter examines the extent to which the right to health has evolved in the work of the OHCHR since 1994, drawing on archival records of OHCHR publications and initiatives, as well as interviews with OHCHR staff and external experts on the right to health. Analyzing this history, the chapter then points to factors that have facilitated or inhibited the mainstreaming of the right to health within the OHCHR, including (1) an increasing acceptance of economic and social rights as real human rights, (2) right-to-health champions among the leadership, (3) limited capacity and resources, and (4) challenges in moving beyond conceptualization to implementation of the right to health.

scholarly journals Child-Friendly Cities and Districts As Human Rights Protection in Indonesia’s Decentralization Context

2020 ◽  
Vol 1 (2) ◽  
pp. 163
Author(s):  
Fanny Tanuwijaya ◽  
Fiska Maulidian Nugroho
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Child Protection ◽  
Local Governance ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Child Friendly ◽  
The Government ◽  
The Right

This paper aims to examine the implementation of the Child Friendly Cities and Districts in Indonesia, as part of the decentralized agenda of current Indonesian reform. Child protection has become one of the current problematic issues. This protection includes the effort to guarantee and ensure the right to live, grow, develop, and participate fully in realizing each child's future. The Indonesian government introduces regional child protection, it is Child-Friendly Cities and Districts as a part of the critical address responding to the issue  to the extent the government provide a serious protection for the infant generation. Historically, the United Nations Children's Fund (UNICEF) initiated this concept, whose purpose was to aspire to children's rights through the goals, programs, policies, and local governance structures. To date, there remain many regional governments that do not have regulations on child-friendly cities or districts.  This paper considers Indonesia's regions experiencing in regulating and implementing the child-friendly cities and districts that have become a benchmark for the other regions. In the end, this paper concludes that each region must regulate and implement the child-friendly cities with regional characteristics into a series of regional regulations, particularly preceded by the regional regulation. KEYWORDS: Human Rights, Child Protection, Children Rights, Child-Friendly Cities.

scholarly journals PROBLEMATIKA PEMENUHAN HAK MENYAMPAIKAN PENDAPAT DAN PELANGGARAN TERHADAP HAK ATAS KESEHATAN DI INDONESIA

2021 ◽  
Vol 3 (4) ◽  
pp. 114-124
Author(s):  
Tat Marlina ◽  
Duwi Handoko
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Right To Health ◽  
Public Order ◽  
The Public ◽  
The Road ◽  
Research Problems ◽  
Displaced People ◽  
The Government ◽  
The Right

The purpose of this paper is to find out the problem of fulfilling the right to express opinions and violations of the right to health in Indonesia. This type of research is normative legal research specifically discussing human rights in the field of expressing opinions and rights to health. Data analysis in this study was carried out systematically based on the research problems described qualitatively. In relation to expressing opinions in public, such as demonstrations or demonstrations with many participants, restrictions on freedom are usually associated with "public order" or public orders. The most difficult is how to provide a balance between freedom and public order. Demonstrations by a number of doctors certainly have an impact on patient care, which in principle has harmed the public interest. In addition, the demonstration by blocking the road body certainly hurts the public interest, namely the interests of all road users. Based on the results of Komnas HAM's investigation, at least 15 types of human rights violations were affected by Lapindo mudflow victims. The problem when it is associated with the right to health is in the form of: not a few refugees whose health is disrupted resulting in people falling ill and some dying due to the absence of a proper environment for displaced people; and gas contaminated air and clean water facilities that are damaged are not handled properly by the government. Keywords: human rights, freedom of opinion, right to health

scholarly journals Violation of The Universal Declaration of Human Rights 1948 for Crimes Against Humanity in Myanmar and China

Jurnal Selat ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 200-217
Author(s):  
Fithriatus Shalihah ◽  
Muhammad Raka Fiqri ◽  
Mohd. Arief
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Secondary Data ◽  
Universal Declaration ◽  
Crimes Against Humanity ◽  
Human Rights Violations ◽  
Decent Life ◽  
The United Nations ◽  
The Government ◽  
The Right

Since the birth of the Universal Declaration of Human Rights in 1948, it has been a marker and guide in which it is hoped that in the future, there will be no more violations of human rights around the world, every human being has the right to a decent life and a peaceful life, free to embrace religion and life without discrimination, But this is not the case in Myanmar and China. So far, various facts have shown human rights violations committed by the Government of Myanmar and China, acts of discrimination, restrictions on freedom of religious rituals, and acts of severe crimes against humanity such as Genocide. Countries that should be the subject of international law that protects the human rights of their citizens are perpetrators of human rights crimes against them, international organizations such as the United Nations cannot do much in dealing with human rights violations and crimes against humanity that occur, this paper will discuss how the judicial review of UDHR violations against crimes against humanity that occurred in Myanmar and China and how the United Nations should play a role. The research method used is normative legal research using secondary data, primary legal materials, namely the 1948 UDHR and international legal instruments, and secondary legal materials of a literary nature such as books, journals, articles, and newspapers from internet sites that the author considers relevant related to the object written discussion.

scholarly journals ‘Jistis ak Reparasyon pou Tout Viktim Kolera MINUSTAH’: The United Nations and the Right to Health in Haiti

2015 ◽  
Vol 28 (3) ◽  
pp. 507-527 ◽  
Author(s):  
ROSA FREEDMAN ◽  
NICOLAS LEMAY-HEBERT
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Right To Health ◽  
Human Rights Violations ◽  
Private Law ◽  
Cholera Outbreak ◽  
National Courts ◽  
The Right

AbstractThe Haiti cholera claims are focused upon the UN's violation of the rights of individuals affected by the cholera outbreak to access a remedy. The UN's absolute immunity from jurisdiction of national courts is counterbalanced by its duty to provide alternative dispute resolution mechanisms for private law claims. The UN has not only failed to provide those alternative dispute resolution mechanisms, but has repeatedly stated that no claims are receivable in these circumstances. Here we set out that even if the UN is able to shield itself from private law claims by using the cloak of absolute immunity, the UN might be held responsible for human rights violations arising from the cholera outbreak in Haiti. This article is concerned with the broader issue of whether the UN has violated and continues to violate individuals' right to health in Haiti.

The Grounds of Climate Justice

2019 ◽  
pp. 41-57
Author(s):  
Alix Dietzel
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Right To Health ◽  
Free Movement ◽  
Climate Justice ◽  
Right To Life ◽  
Human Right ◽  
Right To Food ◽  
The Right

Chapter Two defines the grounds of climate justice. Defining the grounds of justice is a key task for any climate justice account because it allows readers to understand what must be normatively prioritised. The grounds of justice in this sense represent the moral underpinnings of the climate justice account, a normative subfloor that must not be crossed. The chapter makes the case for using the human right to health as the non-relational moral minimum that grounds the climate justice position. Chapter Two puts forward that the human right to health provides a strong foundation for a climate justice because it captures the threats climate change poses to humans more comprehensively than other key human rights, including the right to food and water, the right to life, and the right to free movement.

PROBLEMATIKA PEMENUHAN HAK MENYAMPAIKAN PENDAPAT DAN PELANGGARAN TERHADAP HAK ATAS KESEHATAN DI INDONESIA

2021 ◽  
Vol 3 (4) ◽  
pp. 42-53
Author(s):  
Tat Marlina ◽  
Duwi Handoko
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Right To Health ◽  
Public Order ◽  
The Public ◽  
The Road ◽  
Research Problems ◽  
Displaced People ◽  
The Government ◽  
The Right

The purpose of this paper is to find out the problem of fulfilling the right to express opinions and violations of the right to health in Indonesia. This type of research is normative legal research specifically discussing human rights in the field of expressing opinions and rights to health. Data analysis in this study was carried out systematically based on the research problems described qualitatively. In relation to expressing opinions in public, such as demonstrations or demonstrations with many participants, restrictions on freedom are usually associated with "public order" or public orders. The most difficult is how to provide a balance between freedom and public order. Demonstrations by a number of doctors certainly have an impact on patient care, which in principle has harmed the public interest. In addition, the demonstration by blocking the road body certainly hurts the public interest, namely the interests of all road users. Based on the results of Komnas HAM's investigation, at least 15 types of human rights violations were affected by Lapindo mudflow victims. The problem when it is associated with the right to health is in the form of: not a few refugees whose health is disrupted resulting in people falling ill and some dying due to the absence of a proper environment for displaced people; and gas contaminated air and clean water facilities that are damaged are not handled properly by the government.

scholarly journals ENSURING THE RIGHT TO HEALTH OF STAFF OF THE UNITED NATIONS

2020 ◽  
Vol 73 (9) ◽  
pp. 2044-2048
Author(s):  
Tetiana L. Syroid ◽  
Lina O. Fomina ◽  
Oleksandr A. Havrylenko
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
United Nations ◽  
Right To Health ◽  
Civil Servants ◽  
Methodological Basis ◽  
The United Nations ◽  
The Right

The aim: Of the study is to characterize the internal acts of the United Nations on the regulation of the right to health of its staff. Materials and methods: Achieving the purpose of the study is ensured due to the analysis of internal acts of the United Nations, doctrinal sources on the issue selected. The methodological basis is a number of special and general methods. Conclusions: The right to health guaranteed by the International Bill of Human Rights is comprehensive and closely linked to labour human rights. International civil servants of the UN system are not exempt. Thus, within the United Nations, a number of acts have been developed, the provisions of which set out recommendations aimed at reducing possible cases of infection of workers, maintaining their mental health while on quarantine, informing staff about their actions in case of illness, testing workers, etc. However, these acts need to be improved.

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”

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