scholarly journals Perlindungan Hukum Terhadap Pekerja Anak, Kajian Ketentuan United Nations Convention On The Right Of The Child

SASI ◽  
2018 ◽  
Vol 24 (1) ◽  
pp. 40
Author(s):  
Lucia Charlotta Octovina Tahamata

The State has the duty and role in protecting and guaranteeing the human rights of its citizens. Violations of human rights often occur against vulnerable groups, one of which is children. Children as vulnerable groups have special rights due to their limitations, so they need protection. Countries in the world agree to review the protection of children by signing and ratifying Convention on the Right of the Child 1989. This Convention specifically regulates the protection and guarantee of the rights of the child to be undertaken by States Parties. However, violations of child rights continue to occur, one of them being child labor. Working causes children to lose their right to grow, grow, play and receive education. Writing method used is normative juridical research, that is by analyzing the legal issues contained in legislation related to the problem under study. The problem approach used by the conceptual approach and the legislative approach, using the source of primary legal material as a reference to complete the writing and collection of legal materials is done by using literature study techniques which are then analyzed through qualitative techniques. The results show that the state should be responsible for child labor under the Convention on the Right of the Child 1989, but the binding force of the rule has not been implemented by the state in accordance with the existing material and conditions. The evidence can be seen from various cases of child rights violations that still occur, such as children who are still employed.

Author(s):  
Richard Siaciwena ◽  
Foster Lubinda

As a member of the United Nations, Zambia is committed to the observance of human rights enshrined in the Universal Declaration of Human Rights of 1948. This is evidenced, among others, by the fact that Zambia is a signatory to the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Zambia has a permanent Human Rights Commission that includes a subcommittee on child rights whose focus is on child abuse and education. Zambia also has a National Child Policy and National Youth Policy whose main objectives are to holistically address problems affecting children and youth. This paper focuses on the progress and challenges currently facing Zambia and the role of open and distance learning in addressing those challenges.


Pravni zapisi ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 443-463
Author(s):  
Tamara Mladenović

The right to identity of the child, internationally recognized by the UN Convention on the Rights of the Child, is one of the most important in the corpus of child rights. Its structure is complex since it includes several narrower rights. Nevertheless, the situations where it comes to restriction of the right to identity are not negligible. One of them is the right to anonymous birth, the possibility acknowledged by legislators in a certain number of European countries. Conflicting interests between a mother and a child are inevitable consequence of the anonymous birth. The aim of this article is to compare the right to identity of a child and the mother's right to anonymous birth as insurmountable barrier in determining biological origin. Special attention is paid to the possibility of establishing an adequate balance between their interests, by comparing the importance that national legal system offers to each of them, with appropriate arguments, several different models of motherhood regulations are presented and can be found in European legislations. The analysis also includes the stances of international bodies, especially the European Court of Human Rights.


2021 ◽  
Vol 2 (3) ◽  
pp. 662-666
Author(s):  
I Gede Yudha Rana ◽  
I Made Suwitra ◽  
Diah Gayatri Sudibya

The presence of a child in the family is happiness as a manifestation of the fruit of a husband and wife's love. Having children is everyone's dream, especially when starting a new family or legal marriage. However, this is inversely proportional to children who are born without a previous legal marriage relationship so that the child is included in the class of children outside marriage or Astra children in accordance with Article 43 of Law Number 1 of 1974 concerning Marriage. This child out of wedlock sometimes becomes a problem in the family because not all stepfathers accept their existence. This study aims to reveal the position of children in traditional inheritance families in the Malet Village of Kutamesir and analyze the protection of Astra children in family law and inheritance in the Indigenous Village of Malet Kutamesir. This study uses an empirical legal research type with a conceptual approach. The data used are primary and secondary data obtained through interview techniques and literature study techniques and analyzed qualitatively and legal interpretation with a descriptive final presentation. The results of this study reveal that an astra child only has a legal position in inheriting his mother's property and an astra child has the right to get protection from whatever happens around his life, be it at home or outside the home.  


2020 ◽  
Vol 5 (1) ◽  
pp. 16-23
Author(s):  
Ni Kadek Sinta Dewi ◽  
I Nyoman Putu Budiartha (Scopus ID: 57202765630) ◽  
I Nyoman Sujana

The aims of this study are to know the Nyeburin Marriage Inheritance System in Banjar Kutuh, Sayan Village, Ubud District, Gianyar Regency women as Purusa or nyentana men as Pradana if their inheritance is in the form of land assets and to know the position of social social status of men as Pradana in Nyeburin Marriage in indigenous communities in the Village of Sayan Banjar Kutuh, Ubud District, Gianyar Regency. This method uses Empirical legal research. Using the statutory approach, case approach, and conceptual approach. Sources of data are sourced from primary data (field research) and secondary data (library research). Data collection techniques consisted of interview techniques, document study techniques, and literature study techniques. The data collected was analyzed descriptive qualitatively. The author uses the theory of justice, the theory of legal certainty, the theory of reception in complex u. Based on the results of the study it was found that the inheritance of nyeburin marriage in Banjar village is still strong in women because of their status as Purusa and their social social status is different if the work of a person who becomes a pradana, for example, a doctor may look higher. The conclusion is that a woman still has the right to inherit because as a purusa and if the inheritance in the form of land remains the right of the woman and in social status remains the head of the household in the community remains the same except for work that makes their social status different.


Author(s):  
I Putu Dwika Ariestu

Human Rights and the State could not be separated from one another. Both are interconnected in terms of how to ensure internal stability in a country. With the existence of human rights, it is hoped that state is not arbitrary to treat its people and is obliged to protect everyone in its territory including in this case Stateless persons mentioned in Article 7 paragraph 1 of the Convention relating Status of Stateless Persons in 1954. This study aims to analyze the obligations the State must take in relation to the protection of persons with stateless persons status, and to recognize the legal consequences and responsibilities of States in the event of omitting acts of human rights violations against people with stateless persons status. This paper using normative research methods with statute approach and conceptual approach. The study shows that in relation to the obligation of the state that each State shall be obliged to provide protection to persons with stateless persons status as stipulated in the 1954 Convention and the provisions of the International Human Rights Law, the obligations of state protection include the protection of the right to life, the right to employment and even the right to obtain citizenship status. The international legal consequences accepted by the state are listed in Article 39, Article 41, and 42 of the UN Charter. Then for state responsibility are listed under Article 35, Article 36, and Article 37 of UNGA 56/83 of 2001.   Hak Asasi Manusia dan Negara tidak bisa dipisahkan satu sama lain. Keduanya saling terkait dalam hal bagaimana menjamin stabilitas internal di suatu negara. Dengan adanya hak asasi manusia, diharapkan negara tidak sewenang-wenang memperlakukan rakyatnya dan berkewajiban melindungi semua orang di wilayahnya termasuk dalam hal ini para warga negara yang disebutkan dalam Pasal 7 ayat 1 Konvensi terkait Status Orang Tanpa Negara di tahun 1954. Tulisan ini bertujuan untuk menganalisis kewajiban yang harus diambil Negara sehubungan dengan perlindungan orang-orang dengan status orang tanpa kewarganegaraan, dan untuk mengakui konsekuensi hukum serta tanggung jawab negara dalam hal melakukan  tindakan pelanggaran hak asasi manusia terhadap orang-orang dengan status  tanpa kewarganegaraan. Tulisan ini menggunakan metode penelitian normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Hasil studi menunjukkan bahwa sehubungan dengan kewajiban negara bahwa setiap Negara wajib memberikan perlindungan kepada orang-orang dengan status orang tanpa kewarganegaraan sebagaimana diatur dalam Konvensi 1954 dan ketentuan-ketentuan Hukum Hak Asasi Manusia Internasional, kewajiban perlindungan negara termasuk perlindungan hak untuk hidup, hak untuk bekerja dan bahkan hak untuk mendapatkan status kewarganegaraan. Konsekuensi hukum internasional yang diterima oleh negara tercantum dalam Pasal 39, Pasal 41, dan 42 Piagam PBB. Kemudian untuk tanggung jawab negara tercantum di bawah Pasal 35, Pasal 36, dan Pasal 37 UNGA 56/83 tahun 2001.


AN-NISA ◽  
2019 ◽  
Vol 11 (1) ◽  
pp. 372-383
Author(s):  
Ismail Aris

This article shows that the constitution or the 1945 Constitution of the Republic of Indonesia can not be regarded as children's constitution which adopts the principles of child protection under the Convention on the Rights of the Child. It also shows that Indonesia is not serious about the theme of child protection discourse such as Ecuador, Egypt, Finland and South Africa in protecting, fulfilling and respecting and explicitly specifying the rights of children in its constitution. Based on the argument above, it is very urgent for Indonesia to do constitutionalism the rights of the child. Based on the principles that adopted by the convention on the right of the child as a solution as an effort to save and protect the rights of the child from negligence and neglect of the State to protect and fulfill the human rights and constitutional rights of the child. The effort of constitutionalism is also considered as a strengthening effort in the formation of legislation in the future as well as the basis or test stone of the Constitutional Court in handling the future judicial review of the Law which violates the norm on the protection of children's rights under the Constitution. In addition, it is urgent for constitutionalism and incorporates the idea of constitutional complaints in the Constitutional Court through the Constitution. Thus, as a basis for constitutional protection of the child if the State has neglect to protect the human rights and constitutional rights of the child by conducting constitutional complaint in the Constitutional Court, in order for the State to fulfill its constitutional obligations which have been regulated under the constitution.


Author(s):  
Iryna Sofinska

In this article, I research on few fundamental issues regarding naming. All Nordic states (Denmark, Iceland, Norway, Finland, and Sweden) apply the traditional name repertoire. Also, they create a catalog of names which is recommended for usage by the competent public authorities during the state registration of the person's birth. Both issues are supposed not to be an obstacle for citizens of the Nordic states to realize/enjoy the right to a name, prescribed in the UN Convention on the Rights of the Child (1989). It is declared in article 7(1) that "the child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality...".  It is the first step to recognize every newborn as an individual, a human being with rights, duties, and privileges. Without them, children remain invisible both on the national and international levels, and they can not identify with society and the state. On the contrary, these issues are fixed at the legislative level, demonstrate a part of the national identity of citizens, while taking into account current trends in the transformation of value perception of the name. Everybody must know himself/herself and how he/she fits into the world, state, community. Everybody must know who he/she is and to whom,  what and why they belong, or what they are a part of. For these essential reasons, having a name and nationality are fundamental human rights acquired by everybody after birth. When both rights are honored, children can know themselves and identify with their state of birth/origin. Parents, communities, and the state via government and other relevant public bodies should work for and support human rights for every child,  provide ethnic and national knowledge and roots for them. Parents name their children and help them to acquire a pure sense of belonging to the family, nation, state, and world. Through this kind of belonging, children become members of the community, society, and country via identification. Every citizen born in-country or extra-territory is responsible for the correct application of all-important rules determined by every state. Also, everyone who was born in one country and acquired name and nationality due to its rules and conditions should respect those of a host country while migrating. It is up to every country to formulate on the national level, its own indicators of identity regarding values, traditions, history, and culture. They draft a name catalog to preserve national identity from the erosion; they form it by names which are traditional for the particular nation-state. They adopt such a list of names (allowed or prohibited) by the legislature as an annex to the law/code. They implement rules, conditions, and the exact procedure to register the desired name or to reject it. All Nordic countries have some shared vision on name's application: a name should be written following the ordinary rules of state (official) language orthography, it must not be foreign to the naming tradition of a particular country; it must indicate gender (not unisex or used by another sex bearer); it cannot be a surname except a patronymic as last given name; it shall not be approved if it can cause offense or can be supposed to cause discomfort for the one using it, etc. The same naming practice should be adopted and used in Ukraine.


2021 ◽  
Vol 14 (3) ◽  
pp. 51
Author(s):  
Felix A. Aguettant

There are hundreds of children of French jihadists detained in northeast Syrian camps, being in direct danger of irreparable damage to their physical and psychological development. France has been denying the existence of any competence in Syria that could impose international obligations regarding these children. However, in November 2020, the Committee on the Rights of the Child decided in an individual communication procedure that the French State has jurisdiction over these children, marking a significant development in the extraterritorial application of human rights that is not immune to severe criticism. The Committee established that competence is found entirely upon a factual assessment and used the nationality of the children as a central criterion, posing arbitrariness concerns. The decision is nevertheless a decisive basis to uphold the positive obligation to protect child nationals, making the refusal of the State to systematically repatriate them less and less defensible. Finally, an understanding of security concerns was found to be crucial in a policy change. Any future decisions should therefore strike a better balance between public security and the rights of the child.


Author(s):  
L.V. Yarmol

The article presents a general theoretical description of the legal mechanism for the implementation of human rights. It is emphasized that the important role in implementing human rights is played by the state, as well as other institutions of society - religious organizations, public organizations, the media, etc., as well as specific people. It is stated that the social mechanism for implementing human rights includes the following mechanisms: 1) the international mechanism for ensuring human rights; 2) legal (domestic) mechanism for ensuring human rights; 3) the mechanism of ensuring human rights through other social means (moral, religious, etc.). The concept of the legal mechanism for implementation of human rights as a system of effective legal means (guarantees) for the protection and defense of human rights enshrined in regulations and other sources of law, as well as activities to form legal awareness of the subjects. The main problems in the field of the legal implementation of human rights in Ukraine are outlined. The main directions of improving the mechanism of the legal implementation of human rights in Ukraine are formulated: - enshrining in the Constitution of Ukraine special sections devoted to: 1) guarantees of fundamental human and civil rights and freedoms; 2) the rights of the child and legal guarantees for their provision; - bringing the provisions of the laws of Ukraine on human rights in line with international human rights standards; - adopting laws of Ukraine, where there are gaps in the field of regulation of the implementation of certain human rights; - improving the laws of Ukraine on human rights so that they express the will of the majority or the entire population; - restricting human rights only in cases specified by law, taking into account the need and expediency for society; - increasing the level of mutual responsibility of the individual and the state; - improving procedural and legal mechanisms for implementing human rights; - increasing the role of the judiciary of Ukraine as the most reliable and effective legal guarantee of human rights protection; - more effective application by the courts of Ukraine during the consideration of cases of the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights as a source of law; - raising the level of legal awareness of officials and other participants in public and state life; - more effective legal implementation of the rights of certain categories of people who especially need it in modern conditions (children; socially vulnerable persons, women, etc.); - more effective legal implementation, first of all, of vital human rights: the right to life, the right to social protection; the right to an adequate standard of living for oneself and one's family; the right to health care, medical assistance; the right to a safe environment for life and health.


2020 ◽  
Vol 9 (1) ◽  
pp. 149
Author(s):  
I Komang Ferdyan Julyatmikha ◽  
Kadek Agus Sudiarawan

Tujuan penulisan artikel ini untuk memberikan pemahaman mengenai manfaat bila suatu produk hukum daerah (Peraturan Daerah) telah memiliki, mengadopsi karakter/konsep Green Constitution dan untuk mengetahui bagaimana bentuk/karakteristik suatu produk hukum daerah (Peraturan Daerah) dapat dikatakan telah menerapkan atau mengadopsi prinsip Green Constitution. Penulisan ini menggunakan metode penelitian hukum normatif dengan digunakannya pendekatan perundang-undangan (statue approach) dan pendekatan konseptual (conceptual approach). Teknik pengumpulan bahan hukum menggunakan Teknik studi literatur. Hasil studi ini menunjukkan bahwa manfaat prinsip Green constitution jika di implementasikan kedalam produk hukum daerah (peraturan daerah) dapat menjadikan lingkungan hidup tetap lestari dan terjaga, karena dianggap memiliki kedaulatan lingkungan dan hak asasinya tersendiri sehingga meningkatkan derajat dari lingkungan hidup serta dapat mewujudkan pemerintah daerah yang ecocracy dan dapat mencapai tujuan nasional dalam pembangunan berkelanjutan yang berwawasan lingkungan hidup. Karakteristik jika suatu peraturan daerah telah menerapkan prinsip Green Gonstitution dapat dilihat pada saat penyusunan peraturan tersebut dengan menggali aspek-aspek lingkungan hidup dalam naskah akademik usulan suatu peraturan daerah dan setiap pasal yang menghormati aspek kedaulatan lingkungan seperti halnya hak asasi manusia. The purpose of writing this article is to provide an understanding of the benefits if a regional legal product (Regional Regulation) already has, adopts the character / concept of the Green Constitution and to find out how the form / characteristics of a regional legal product (Regional Regulation) can be said to have implemented or adopted the Green principle. Constitution. This writing uses a normative legal research method with the use of a statutory approach (statue approach) and a conceptual approach (conceptual approach). The technique of collecting legal materials uses literature study techniques. The results of this study show that the benefits of the Green constitution principle if implemented into regional legal products (regional regulations) can make the environment sustainable and preserved, because it is considered to have environmental sovereignty and its own human rights so as to increase the degree of the environment and can create a regional government that is ecocracy and can achieve national goals in environmentally sustainable development. The characteristics if a regional regulation has applied the principle of Green Gonstitution can be seen when drafting the regulation by exploring environmental aspects in the academic text of the proposed regional regulation and each article that respects aspects of environmental sovereignty such as human rights.


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