scholarly journals Human Rights Violation of Transgender People: A Critical Analysis on Bangladesh Perspective

2018 ◽  
pp. 165-175
Author(s):  
Puja Mitra
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
Police Officers ◽  
Critical Analysis ◽  
Legal Protection ◽  
Economic Activities ◽  
Transgender People ◽  
The Third ◽  
Women And Children ◽  
Third Gender

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.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

scholarly journals Gender Identity: The Human Right of Depathologization

2019 ◽  
Vol 16 (6) ◽  
pp. 978
Author(s):  
Maria Elisa Castro-Peraza ◽  
Jesús Manuel García-Acosta ◽  
Naira Delgado ◽  
Ana María Perdomo-Hernández ◽  
Maria Inmaculada Sosa-Alvarez ◽  
...  
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
Gender Diversity ◽  
Mental Illnesses ◽  
Human Right ◽  
Transgender People ◽  
Trans People ◽  
Wide Range ◽  
Access To Medical Care ◽  
The One

Background: Transgender people have a gender identity different from the one allocated to them at birth. In many countries, transsexualism and transgenderism are considered mental illnesses under the diagnosis of gender dysphoria. This pathologization impacts on human rights. Main content: The United Nations (UN) has denounced violations against trans-people, including attacks, forced medical treatments, lack of legal gender recognition, and discrimination in the areas of education, employment, access to healthcare, and justice. The UN has linked these violations directly with discriminatory diagnostic classifications that pathologize gender diversity. Trans-people have been pathologized by psycho-medical classification and laws all around the world, with a different impact depending on countries. This paper argues that pathologization infringes infringes upon a wide range of human rights such as; civil, economic, social cultural and also the access to medical care. Conclusions: The current situation for trans-people with respect to legal healthcare matters, depends on the country. Human rights are universal, not a question for cultural interpretation. They are the minimum that every human being must have assured only by the fact of being human. Countries must protect these rights by regulating trans-pathologization with special attention dedicated to intersex people and their specific needs.

scholarly journals Integrated Service Center as a Media for Child Legal Protection: a Lessons from Sidoarjo, Indonesia

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Andreina Nandya Agung Putri
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Legal Protection ◽  
Analysis Data ◽  
Service Center ◽  
Child Victim ◽  
Related Literature ◽  
Prevention Service ◽  
Women And Children

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.

scholarly journals Personnel Policy Strategy of the National Police of Ukraine in the Context of Updating Administrative and Legal Principles of Protecting Human Rights and Freedoms

2020 ◽  
Vol 89 (2) ◽  
pp. 211-226
Author(s):  
A. V. Tanko
Keyword(s):  
Human Rights ◽  
Police Officers ◽  
Legal Protection ◽  
State Regulation ◽  
The State ◽  
External Control ◽  
Personnel Policy ◽  
Legal Principles ◽  
Policy Strategy ◽  
National Police

The author of the article presents the results of the legal and scientific researches analysis of the personnel policy strategy of the National Police of Ukraine in the context of updating administrative and legal principles of protecting human rights and freedoms. The modern challenges and directions of the personnel policy of the National Police of Ukraine in the conditions of social conflicts escalation are determined. It is stated that the improvement of the personnel policy of the National Police in all stages of its hierarchical structure and all its units has recently influenced, first of all, on the administrative and legal status of this state structure, focusing its activities on human rights and freedoms protection as a general state priority. The concept of “personnel policy” of the National Police of Ukraine is considered as a multidimensional process. It is focused on the implementation of legislative, organizational, administrative, research and other bases for the implementation of the main developing issue of the National Police and its structures;  the regulation of procedures of structural units functioning and the police department competencies; defining the tasks, functions, rights, and responsibilities of personnel, as well as the responsibility level of police officers. It is determined that the personnel policy of the National Police is implemented through the totality of social functions of governmental institutions and determines the ways and means of provided reforms and the professionalism of their implementation. It is an important factor of the state integrity strengthening and the element of state regulation of the population lives and strategically determined by the general mission of the National Police. It involves promoting the implementation of state policy in the field of combating crime and ensuring public order, the realization of human rights and freedoms, interests of society and the state, the maintenance of public safety and the provision of services to persons in need within the limits of legislation. It is characterized by the general requirements for the competencies, functions, rights, and responsibilities of the personnel, as well as the responsibility level of police officers. According to the modern legislation, the National Police, as well as its separate units should be transparent in their actions, open enough for external control, including public control, its staff should be able to meet the needs of all segments of the population and structures of society in legal protection and maintaining security. It is proved that the ethical principles of the police officers’ activities are determined by the priority in serving the needs of individual citizens and society in the whole, by close cooperation and interaction with the population, territorial communities and public associations based on partnership and aimed at satisfying their needs, following the current legislation of Ukraine. It is determined that the perspective direction of the studied issue is the development of innovative methods and forms of training and advanced training of personnel capable to meet the professional requirements and ethical standards of policing.

Introduction to the 2008 Edition

2020 ◽  
pp. 1-8
Author(s):  
Mohsen Kadivar
Keyword(s):  
Human Rights ◽  
Critical Analysis ◽  
English Language ◽  
The Other ◽  
Arabic Literature ◽  
Advantages And Disadvantages ◽  
The Third ◽  
Present Book ◽  
Western Perspective ◽  
Language Literature

This Preface contains six sections. The author analyses the works of the most distinguished thinkers of Islam and human rights: Mahmoud Mohamed Taha, Abdullahi Ahmed An-Na‘im, Ann Elizabeth Mayer, Mohammad Mojtahed Shabestari and Abdulaziz Sachedina respectively in the first five sections. Each section has two parts: the first is a brief description of the thinker’s opinion on human rights, and the second is a brief critical analysis, reviewing the advantages and disadvantages of that opinion. Taha represents the Arabic literature on Islam and human rights in this review, Shabestari the Persian, and the other three the English-language literature. Mayer is the author of the most popular book on Islam and human rights from a non-Muslim and Western perspective. The other four could be considered to be the most outstanding Muslim reformist thinkers regarding Islam and human rights. The last section is the longest and contains four parts. The first outlines the author’s opinion on Islam and human rights, and the second compares his approach to the other five approaches. The third presents a comparative chronology of the six approaches, and the fourth and last part discusses the present book and the advantages of its English translation.

Cumplimiento y aplicación de las decisiones de la Corte Interamericana de Derechos Humanos: Panorama general

2018 ◽  
pp. 67
Author(s):  
Jorge Aguayo Ibáñez
Keyword(s):  
Human Rights ◽  
Critical Analysis ◽  
Member States ◽  
The Third ◽  
Derechos Humanos ◽  
Palabras Clave

ResumenEl presente estudio tiene por objeto el análisis de los efectos de las decisiones de la Corte Interamericana de Derechos Humanos en relación al cumplimiento y aplicación de sus pronunciamientos en los Estados miembros de la convención americana. Para ello, este trabajo presentará tres apartados. En el primero de ellos se hará una exposición de los aspectos más relevantes del sistema interamericano. En segundo término, se desarrollará el tema propuesto, enfatizando en el caso chileno. Y, fnalmente, en tercer lugar, se desarrollarán conclusiones generales fundadas en el análisis crítico, respecto a la obligatoriedad, aplicación ygrado de cumplimiento de las sentencias de la Corte Interamericana de Derechos Humanos, tomando como base principal la regulación, la doctrina y la jurisprudencia relacionadas al tema. Palabras clave: Corte Interamericana de Derechos Humanos; Cumplimiento de sentencias; Pacta sunt servanda; Diálogo judicial.ResumoO presente estudo tem por objeto a análise dos efeitos das decisões da Corte Interamericana de Direitos Humanos sobre o cumprimento e a aplicação de seus pronunciamentos nos Estados membros da Convenção Americana. Para isso, este trabalho apresentará três seções. No primeiro, será feita uma exposição dos aspectos mais relevantes do sistema interamericano. Em segundo lugar, o tema proposto será desenvolvido, enfatizando no caso chileno. E, fnalmente, no terceiro lugar, vão se desenvolver conclusões gerais com base na análise crítica sobre a obrigação, aplicação e grau de cumprimento das sentenças da Corte Interamericana de Direitos Humanos, tomando como fundamento aregulação, a doutrina e jurisprudência relacionadas ao assunto.Palavras-chave: Corte Interamericana de Direitos Humanos;Cumprimento de sentenças; Pacta sunt servanda; Diálogo JudicialAbstractThe purpose of this study is to analyze the effects of the decisions of the Inter-American Court of Human Rights, regarding the compliance and implementation of its declarations in the member States of the American Convention. For this purpose, this study will be presented in three sections. The frst one will include an exhibition of the most relevant aspects of the InterAmerican system. Secondly, the proposed topic will be developed, emphasizing the Chilean case. Finally, the third section will develop the general conclusions based on critical analysis regarding the enforceability, implementation and level of compliance of the Inter-America Court of Human Rights rulings, taking as a main base the regulation, doctrine and jurisprudence related to this topic.Keywords: Inter-American Court of Human Rights, sentences compliance, Pacta sunt servanda, judicial dialogue.

scholarly journals Third Party Involvement in The Settlement of Pasar Raya Conflict Post-earthquake 2009

2019 ◽  
Vol 8 (1) ◽  
pp. 13-20
Author(s):  
Ikhsan Muharma Putra ◽  
Rinel Fitlayeni ◽  
Marleni Marleni ◽  
Afrizal Afrizal ◽  
Indraddin Indraddin
Keyword(s):  
Human Rights ◽  
House Of Representatives ◽  
City Government ◽  
Third Party ◽  
National Commission ◽  
Economic Activities ◽  
Reconstruction Process ◽  
The Third ◽  
The Third Party ◽  
The Republic

The market is a place for socio-economic activities in the regional economic growth. The existence of the main market began to be disrupted since the September 30th, 2009 earthquake, resulting in damage to the buildings of Pasar Raya Padang. Rapid handling was made by the Padang City Government through the construction of emergency stalls in the form of stalls along Jalan Sandang Pangan. The construction of emergency kiosks was opposed by some traders because of declining income and lack of visitors. This condition triggered a prolonged conflict for five years (2009-2014). The length of this conflict process makes it important to be explored further with regard to the involvement of third parties in resolving the post-2009 earthquake market conflict. This study uses a qualitative approach with the type of descriptive research. Informants in this study were determined by intentional (purposive). Informants who contributed to this finding were 14 people with 5 women and 9 men. This research shows that the third party is the Regional Representative Council of the City of Padang and the National Commission on Human Rights (KOMNASHAM) of the Republic of Indonesia. The third party involvement carried out by the Regional House of Representatives (DPRD) was hearing to the traders of Pasar Raya Padang and involving their representatives at hearings, working meetings of DPRD which discussed issues related to commission II. The next role is the role as the guardian of the Rehabilitation and Reconstruction process and striving for the realization of the budgeting in the Regional Revenue and Expenditure Budget (APBD) in accordance with the needs of traders. Whereas the KOMNASHAM has a position and commitment not in line with the conflicting parties, but its role as a human rights guard positions it structurally as a neutral mediator.

scholarly journals A retificação do registro civil de pessoas transgênero na América do Sul em perspectiva comparada

2018 ◽  
Vol 1 (39) ◽  
Author(s):  
Maria Luiza Moura
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
Critical Analysis ◽  
Comparative Law ◽  
South American ◽  
International Human Rights ◽  
Civil Registration ◽  
Current State ◽  
International Human ◽  
Legal Guidelines

RESUMOEste artigo apresenta uma análise comparativa entre a legislação dos dez países da América do Sul integrantes do sistema interamericano de direitos humanos no que concerne à demanda de pessoas transgênero por retificação da menção de sexo no registro civil, a partir de uma perspectiva despatologizante. Após uma perspectiva geral da situação nos países mencionados, passa-se a uma análise crítica específica sobre o estado atual da questão no Brasil, tanto no que concerne às diretrizes legais no âmbito da saúde quanto no que se refere às normas de direito registral, apresentando, por fim, o projeto de lei brasileiro relativo à identidade de gênero, inspirado na legislação argentina sobre a matéria. PALAVRAS-CHAVETransexualidade. Direito Internacional dos Direitos Humanos. Direito comparado.ABSTRACTThis paper sought to analyze comparatively the legislation of the ten south American countries that are part of the Inter-American Human Rights System, regarding the civil registry rectification of transsexuals from a non-pathologizing perspective. After a general overview of the situation in the mentioned countries, a specific critical analysis is carried out on the current state of the issue in Brazil, in terms of legal guidelines in health and civil registration, presenting, in the end, the Brazilian bill on gender identity, inspired by the Argentine legislation, is presented. KEYWORDSTranssexuality. International Human Rights. Comparative Law.  

scholarly journals Adjustment of gender identity and consequences on employment rights

2020 ◽  
Vol 54 (4) ◽  
pp. 1363-1381
Author(s):  
Slobodanka Kovačević-Perić
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
Hormone Therapy ◽  
Birth Certificate ◽  
Transgender People ◽  
Health Institution ◽  
Medical Interventions ◽  
Work Placement ◽  
Trans People ◽  
Employment Rights

The gender identity of every person represents an integral part of their personality and belong to one of the basic aspects of self-definition, dignity and freedom. A certain number of people do not identify themselves with the sex allotted to them at birth, a problem arising regarding their inner comprehension of gender (self-defining), which does not correlate to the sex. Those people are called trans people. In this paper, the author examines the position of trans people i.e. individuals of different gender identity through the prism of the realization and protection in the field of labour rights and the rights arising from employment. Trans people belong to one of the most vulnerable (most discriminated) groups within society - discrimination is most evident in case of seeking a work placement and during employment, while the key performers are the state and its institutions. It could be said that conditioning and interdependence between the legal procedure of adjustment of gender identity and medical interventions, leave the legal and life status of a transgender person in "vacuum", which leads to the situation of gender identity being the grounds for further transphobia and discrimination of transgender people in all the aspects of human rights realization. However, in the procedure of further adjustment of gender identity, a transgender person can be registered in the birth certificate register, they can change their personal documents only based on the certificate of a health institution that they have been through a psychological check-up and a year-long hormone therapy prescribed by an endocrinologist. In practice, such regulations put "on hold" the personal status of a transgender person, which leads to the discrimination of transgender people based on gender identity, especially in the phase of transition, when the changes are visible but non-compliant with the sex verified in personal documents. Therefore, it is crucial that, instead of partial amendments to certain laws, an umbrella law (lex specialis) be adopted - Law on Gender identity

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