Intensifying legal protection against human rights violations in the Covid-19 era: A case study of Kenya, Uganda and Tanzania

2020 ◽  
Vol 7 (2) ◽  
pp. 90-122
Author(s):  
Ratemo Tom Junior
Keyword(s):  
Human Rights ◽  
Negative Impact ◽  
Legal Protection ◽  
Human Rights Violations ◽  
Political Rights ◽  
East African ◽  
African Countries ◽  
Marginalised Groups ◽  
Global Health Care ◽  
Court Proceedings

The coronavirus pandemic has, since its outbreak in late 2019, not only caused a global health care crisis but has also had a negative impact on the exercise of social, economic, cultural and political rights. Vulnerable and marginalised groups in Kenya, Uganda and Tanzania are among the worst affected. To respond to the crisis, the three East African countries imposed several measures aimed at curtailing the spread of the disease, which included a mandatory 14 days of self-quarantine for persons arriving from abroad; the closure of borders, religious and educational institutions; the suspension of international and domestic flights; the suspension of public court proceedings and gatherings; the imposition of a dusk to dawn curfew; and the restriction of people’s movement in certain areas. All these measures in one way or another affect the exercise of fundamental human rights. In the past few months, the number of reported cases of human rights violations has been escalating. This article seeks to highlight the three states’ practice of avoiding the ‘naming, shaming and prosecuting’ of perpetrators of human rights violations during the coronavirus pandemic. It also exposes instances of human rights violations in Kenya, Uganda and Tanzania during the pandemic. In addition, the paper proposes measures to be undertaken to intensify legal protection against human rights violations during the coronavirus pandemic. Finally, the paper explores the elusive option of making the top state officials legally accountable for individual human rights violations.

scholarly journals Trafficking of women in Entikong Sub-District Sanggau Regency, Indonesia

2021 ◽  
Vol 9 (2) ◽  
pp. 187-198
Author(s):  
Mukhlis Mukhlis
Keyword(s):  
Human Rights ◽  
Qualitative Analysis ◽  
Sexual Intercourse ◽  
Negative Impact ◽  
Legal Protection ◽  
Human Rights Violations ◽  
Analysis Method ◽  
West Kalimantan ◽  
Border Regions ◽  
The Impact

This study investigates and analyzes various phenomena related to transnational trafficking of women in Entikong Sub-District, Sanggau Regency, West Kalimantan, from the recruitment of the departure abroad to various human rights violations experienced by Indonesian women. The qualitative analysis method is used in this study. In general, trafficking of women in the Indonesia-Malaysia border regions is a phenomenon that arises due to the lack of legal protection, both while the victims are still in Indonesia and after they arrive abroad. This phenomenon has a negative impact on ensuring legal protection for women and the impact on the emergence of human rights violations (torture, harassment, exploitation, intimidation, rape, confinement, and forced sexual intercourse.).

scholarly journals STIGMA-STATISTIK: Når dagsordener sættes i dansk aids-politik

1996 ◽  
Author(s):  
Jens Seeberg
Keyword(s):  
Human Rights ◽  
Hiv Testing ◽  
Asylum Seekers ◽  
Negative Impact ◽  
Public Debate ◽  
Contact Tracing ◽  
Infected Person ◽  
African Countries ◽  
Aids Policy ◽  
The Impact

Jens Seeberg: Stigma Statistics: Agendas in the Making in Danish AIDS Policy This article explores a number of paradoxes and assumptions in the public debate on AIDS in Denmark. They form part of a recurrent attack on the Danish ‘soft line’ AIDS policy that maintains anonymity and voluntary HIV-testing. One central issue in recent years has been obligatory testing of asylum seekers from high risk areas as a precondition for considering the asylum request. Especially asylum seekers from African countries are pointed out as constituting a major threat to the native Danish population in terms of spread of HIV. This is shown to rest on a misreading of the official statistics, repeated as often as the statistics themselves. The assumption that there is a basic clash between the human rights of the HIV-infected person and the population in general is discussed. This conceived clash rests on the assumption that restrictions of the human rights of the HIV-infected person will provide efficient protection for the noninfected majority. The potential counterproductive effects of this line of thought are discussed. Contact tracing is sometimes considered as an effective preventive measure. Part of the critique of the present AIDS policy States that contact tracing is virtually non-existing and that this has a major negative impact on the preventive efforts. It is argued that while the impact of contact tracing in itself may be rather limited, the lack of contact tracing may be seen as a symptom of insufficient counselling. While obligatory HIV testing may never be practiced in Denmark, its recurrent appearance on the agenda serves to provoke a defensive stand among AIDS policy makers. It is argued that this debate has hitherto had the effect of keeping the needs of HIV-infected people - and especially HIV-infected immigrants — away from public debate and serious concern.

scholarly journals PERLINDUNGAN HUKUM ATAS HAK POLITIK PEREMPUAN OLEH NEGARA

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Yosefina Daku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
The Political ◽  
Political Rights ◽  
Political Field ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Law

As the law states, Indonesia  provide the protection of the rights for of all people without the discrimination. By the basis of the mandate of the Preamble to the Constitution of 1945 that "a just and civilized humanity," the Indonesian state guarantees of a society that is fair. Political rights granted by the country with regard to discrimination is legal protection by the state against women's political rights. By participating in the convention and recognized in the form of Law Number 7 Year of 1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, an attempt by the state to remove the problems in realizing the equality of women and men. Therefore  the  problem  that  can  formulated are: 1) how the legal protection of women's political rights in Indonesia? 2) how the implementation of Law Number 7 Year of 1984 on Ratification of the Convention on the Eliminationof All Forms of Discrimination Against Women Related Political Rights of Women?. The purpose of this study was to examine the legal protection by the state against the ful fillment of women's political rights in Indonesia and the implementation of protection of women's political rights pursuant of Law Number7 Year of 1984. This research is a normative law. The technique used in this research is to use the concept approach and statutory approach to reviewing the legislations and legal literatures. Rights protection as a form of justice for each person more specifically regulated in Law about Human Rights. Protection of the rights granted to women by the state including the protection of the political field regulated in some provisions of other legislation. By removing discrimination against women in it’s implementation still look at the culture and customs which is certainly not easy to do and the state is obliged to realize the objectives of the convention

25. Results and Prospects

2020 ◽  
pp. 681-694
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Formal System ◽  
Legal Protection ◽  
Political Rights ◽  
European Standard ◽  
Rights Protection ◽  
Civil And Political Rights ◽  
Climate Crisis ◽  
The Relationship

This chapter sums up the key findings of this study on the Convention on Human Rights (ECHR). It suggests that the principal achievement of the Convention has been the establishment of a formal system of legal protection available to individuals covering a range of civil and political rights which has become the European standard. The chapter highlights the measures taken by the Court to decrease its caseload and increase its efficiency in dealing with applications. It also highlights the contemporary challenges facing the Court, including the relationship between States and the Court, the challenge of the rise of authoritarian governments, and the threats to rights protection from the climate crisis.

Early Marriage: A Violation of Girls' Fundamental Human Rights in Africa

2011 ◽  
Vol 19 (2) ◽  
pp. 339-355 ◽  
Author(s):  
Rita Mutyaba
Keyword(s):  
Human Rights ◽  
Cultural Practices ◽  
Early Marriage ◽  
Human Rights Violations ◽  
African Countries ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
Life Education ◽  
Harmful Cultural Practices

AbstractAlthough African countries have ratified international human rights treaties that recognize girls' fundamental human rights to life, education, non-discrimination, freedom from degrading, inhumane and cruel treatment, and protection from harmful cultural practices, girls' human rights continue to be violated because of the prevalent practice of early marriages in most African countries. Whereas early marriages affect both girls and boys, girls are disproportionally affected by this practice which is rooted in culture and religion. Girls who get married before they are 18 years old are not physically, emotionally and mentally prepared for their roles as mothers and wives. African countries have an important role to play in ending early marriages to stop the human rights violations that girls experience when they get married before they are 18 years.

scholarly journals Women's Civil and Political Rights in Lebanon and France and Their Impact on Economic Growth

2020 ◽  
Vol 10 (1) ◽  
pp. 132
Author(s):  
Mahmoud MOURAD ◽  
Rim FARHAT
Keyword(s):  
Human Rights ◽  
Labor Force ◽  
Negative Impact ◽  
Positive Impact ◽  
Political Rights ◽  
Human Beings ◽  
The Real ◽  
Real Gdp ◽  
Civil And Political Rights ◽  
The Right

This study carried out a quantitative analysis of several variables in both Lebanon and France. Specific aspects related to education, unemployment, vulnerable employment, gender gap, and participation in parliamentary life were studied. We started from the rationale that human rights necessitate that human beings so it is imperative that each individual enjoy civil and political rights, which means in addition to the right to life and the right equality, there should be the right to the legal recognition and participation in public life whether through employment or elections. These rights have been recognized by the international human rights laws, mainly in the Universal Declaration of Human Rights by United Nations and by the existing local laws both in Lebanon and France.The tests of homogeneity for the panel data models from Lebanon and France have been implemented carefully considering the linear relationship between the real GDP as a dependent variable  and three of the independent variables consisting of the rate of women teachers in the secondary education , the rate of female to male ratio in labor force participation , the rate of women’s vulnerability to risks in the female labor force . The study demonstrated the importance of the Random Effects Model (REM) using the the log-transformed data. The study revealed a positive impact of both  and  on the real GDP  while the variable  has a negative impact both in Lebanon and France during the period (2008-2017).

scholarly journals THE LONG ROAD TO THE INTERNATIONAL RECOGNITION OF ECONOMIC AND SOCIAL RIGHTS: THE RIGHT TO AN ADEQUATE STANDARD OF LIVING

2018 ◽  
pp. 43-60
Author(s):  
GERMANA AGUIAR RIBEIRO DO NASCIMENTO
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Second World War ◽  
Universal Declaration ◽  
Standard Of Living ◽  
Social Rights ◽  
Political Rights ◽  
Protection Of Human Rights ◽  
The Right ◽  
Second World

A long road was necessary for economic and social rights to be internationally recognized. In fact, it was only after the Second World War that the protection of human rights, including economic and social rights, became one of the aims of the United Nations. Despite that, this legal protection was by no means made without controversies, especially when it comes to economic and social rights. The fact that most of the articles of the Universal Declaration of Human Rights refer to civil and political rights corroborates these difficulties. Only articles 22 through 27 protected economic and social rights. The objective of this article is to shed some light into this process, as the Universal Declaration has been the foundation of the codification of the whole human rights system. Particular attention will be given to the discussions around the inclusion of article 25 that refers to the right to an adequate standard of living. It is interesting to analyze how this right was adopted during the process of elaboration of the Declaration, as it was then incorporated by so many texts and influenced the recognition of other rights. In fact, if today we are able to have autonomous rights to water, to health, to food, to housing and to education, it is thanks to the proclamation of the right to an adequate standard of living in the first place.

scholarly journals POLITIK HUKUM LARANGAN PENGUNDURAN DIRI ANGGOTA KOMISI PEMILIHAN UMUM

2013 ◽  
Vol 1 (2) ◽  
Author(s):  
Nur'aini Nur'aini
Keyword(s):  
Human Rights ◽  
Negative Impact ◽  
The State ◽  
Political Rights ◽  
Legal Certainty ◽  
Public Benefits ◽  
Civil And Political Rights ◽  
Election Commission

Legal politics in Interdiction of Member of Election Commission Resignation. Every regulation promulgated supposes to create legal certainty, public benefits and justice in society. It is a condition sine quo non form State deciding Law as its State foundation. This aims should be started in legislation that guarantee the sustainability of human rights values.  A regulation should not limit or even produce negative impact towards society. Moreover, the regulation concerning civil and political rights should guarantee the rights a person as to resign from member of Election Commission. It’s the challenge should be respond by the State. Keywords: State of Law, Politic Law Development and Civil and Political Rights.

scholarly journals Clinging to a knife’s edge: the Live-in Caregiver Program

2021 ◽  
Author(s):  
Leona Carmelita Pagunuran Canay
Keyword(s):  
Human Rights ◽  
Social Economic ◽  
Domestic Workers ◽  
Human Rights Violations ◽  
Immigration Policies ◽  
Political Rights ◽  
Colonial History ◽  
Feminist Thought ◽  
Foreign Domestic Workers ◽  
Narrative Interviewing

Since the 1900s, Canada has heavily relied on foreign domestic workers. This program has evolved over the years into what is currently known as the Live-in Caregiver Program (LCP). It is rooted in our colonial history and has reproduced power imbalances between employers and caregivers. Challenging dominance is a difficult task given that immigration policies perpetuate inequalities through the denial of social, economic and political rights to caregivers. I selected this topic based on my experiences as a live-in caregiver with this program. This study uses anti-colonialism and feminist thought to examine the experiences of three former LCP workers. Through narrative interviewing, the findings indicate that the live-in requirement of the LCP has contributed to the abuse, exploitation and marginalization of these caregivers. The study concludes with a discussion of the ways in which the structure of the program can be modified to prevent further exploitation and human rights violations.

scholarly journals Legal Protection Against Women Victims of Sexual Harassment Through Social Media (Cyberporn)

2021 ◽  
Vol 3 (3) ◽  
pp. 367-380
Author(s):  
Sutiani Choirunnisa
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Civil Rights ◽  
Sexual Harassment ◽  
Women Victims ◽  
Violence Against Women ◽  
Legal Protection ◽  
Political Rights ◽  
Cultural Rights ◽  
International Regulations

guarantee of protection and discrimination against women in Indonesia as contained in various international regulations including the Universal Declaration of Human Rights in 1948, then the International Covenant on Civil Rights. and Political Rights 1966, International Covenant on Economic, Social & Cultural Rights 1966, Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW, Convention on the Elimination of All Forms of Discrimination against Women) in 1979, the Vienna Declaration (1986), the Declaration on the Elimination of Violence Against Women in 1994, and the most monumental is the Beijing Declaration and Platform for Action (1995). The purpose of this study is to analyze the legal protection for women victims of sexual harassment through social media (cyberpron).

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