scholarly journals THE IMPORTANCE OF PREVENTIVE MONITORING MECHANISM ON REPLACEMENT OF PASSPORT DUE TO FORCE MAJEURE

2020 ◽  
Vol 2 (2) ◽  
pp. 51-62
Author(s):  
Muhammad Alvi Ghazy ◽  
Tony Mirwanto
Keyword(s):  
Human Rights ◽  
Traffic Flow ◽  
Immigration Law ◽  
Economic Sector ◽  
Legal Certainty ◽  
Force Majeure ◽  
The World ◽  
Monitoring Mechanism ◽  
The Relationship ◽  
Laws And Regulations

The mobility of the world's population in the era of globalization has an impact on a country, both positive and negative. Each country must respond carefully so that it does not cause losses to various sectors, one of which is the economic sector and the relationship between countries which can be stretched. Therefore, it is necessary to control the traffic that enters and leaves a country. In minimizing activities that violate the traffic flow of people in the world, especially in Indonesia, laws and regulations that ensure legal certainty protect, respect and declare the human rights of an individual is needed. This can be seen in the implementation and application of many laws in Indonesia, for example the implementation of the immigration law. In its application, the application and application of the immigration law in Indonesia leads to better things than before, including in matters relating to a force majeure.

Recourse to Human Rights Treaty Bodies for Monitoring of the Refugee Convention

2002 ◽  
Vol 20 (1) ◽  
pp. 53-74 ◽  
Author(s):  
Saul Takahashi
Keyword(s):  
Human Rights ◽  
Monitoring Methods ◽  
Refugee Convention ◽  
Body Model ◽  
Number Of Factors ◽  
The World ◽  
Monitoring Mechanism ◽  
The Status ◽  
Treaty Body ◽  
Refugee Issues

Nearly all human rights conventions adopt the treaty body model to monitor states parties' implementation of their treaty obligations. This monitoring mechanism provides for a quasi judicial committee, far detached from sites of many of the human rights violations it reviews. On the other hand, there is no such treaty body for the 1951 Convention relating to the Status of Refugees. Rather, there is the UNHCR; a large operational agency with offices all over the world, including in sites of refugee emergencies. Effective monitoring of human rights conventions would seem to require a number of factors, including independence and transparency. Legitimate monitoring would have to be strong, and would have to be seen to be strong. Criticism raised in recent years of UNHCR's monitoring methods are largely based on frustration with these points. This paper will examine these issues, and also examine whether recourse to the treaty bodies really provides an adequate remedy for refugee rights. The argument of this paper is that while the UNHCR's monitoring of the Refugee Convention is problematic in many respects, the monitoring of refugee issues by the treaty bodies is in many ways incomplete and inconsistent, and that the treaty body model does not provide refugee advocates with a comprehensive solution.

scholarly journals Constitutional Dilemma of Pakistan: 1947 -1956

2018 ◽  
Vol III (I) ◽  
pp. 1-9
Author(s):  
Muhammad Rizwan ◽  
Manzoor Ahmad ◽  
Syed Asif Anwar Bukhari
Keyword(s):  
Human Rights ◽  
Political Leadership ◽  
Deep Insight ◽  
Constitutional Development ◽  
The World ◽  
Refugee Problem ◽  
The Right ◽  
The Given ◽  
The Relationship ◽  
Insight Into

Soon after its creation, Pakistan confronted many issues including refugee problem, scarcity of able political leadership, absence of mutual consensus between both wings of the country and confusing nature of the relationship between Islam and state etc. took almost nine years to frame the permanent constitution for Pakistan. Constitution, the basic document of a state, determines the shape of its laws, structure of governance and system of rights and duties. The effectiveness of a constitution is judged by its practicability in the given area where it is enforced by the state machinery. Although, all civilized states of the world do possess a constitution, yet a good constitution is one which must protect the basic human rights by ensuring the independence of judiciary. Due to countless hurdles at the beginning of its journey, Pakistan’s constitutional development in the right direction could not take place. The main objective of the present study is to provide deep insight into the events and factors causing a delay in the constitution-making for the newly created state of Pakistan. The various events which took place from 1947 to 1956 have been analyzed in a subtle way.

Part III Themes, Ch.18 Australia in the International Order

2018 ◽  
Author(s):  
Charlesworth Hilary
Keyword(s):  
Human Rights ◽  
International Institutions ◽  
Legal Order ◽  
International Standards ◽  
Institution Building ◽  
International Institution ◽  
The World ◽  
Full Picture ◽  
International Legal Order ◽  
The Relationship

This chapter offers an account of Australia's engagement with the international legal order, through different aspects of the relationship: designing international institutions, litigating in the World Court, and implementing international standards. These are only fragments of the full picture, but they illustrate both Australia's embrace of and distancing from the international legal order. Australia's relationship with the international legal order overall is marked by a deep strand of ambivalence. It has played both the part of a good international citizen as well as that of an international exceptionalist. In some fields, Australia has engaged creatively in international institution-building, even if with a wary eye to protect certain Australian interests. In other areas, particularly human rights, the relationship is distinctly uneasy, with Australia appearing to believe that international standards should regulate others and that it is somehow above scrutiny.

scholarly journals El amor en educación física: una perspectiva filosófica basada en Max Scheler y José Ortega y Gasset (Love in physical education: a philosophical perspective based on Max Scheler and José Ortega y Gasset)

Retos ◽  
2020 ◽  
Author(s):  
Felipe Nicolás Mujica Johnson ◽  
Nelly Del Carmen Orellana Arduiz
Keyword(s):  
Human Rights ◽  
Physical Education ◽  
The Other ◽  
Ethical Values ◽  
Max Scheler ◽  
Philosophical Perspective ◽  
Jose Ortega Y Gasset ◽  
Derechos Humanos ◽  
The World ◽  
The Relationship

  La actividad filosófica se dirige principalmente al mundo de las ideas, o sea, trata sobre el pensamiento y la meditación de los temas más profundos de la existencia humana y no humana. Por otra parte, la actividad pedagógica se dirige principalmente a fines más prácticos, aunque no menos importantes, y aprovecha los saberes desvelados por los diferentes referentes de la filosofía. No obstante, se ha señalado que por diferentes motivos la educación se ha alejado mucho del mundo más profundo de las ideas, lo cual puede derivar en una actividad pedagógica muy superficial. Con este ensayo se pretende acercar la filosofía a la educación y, en concreto, a la educación física. En primer lugar, se tuvo como objetivo analizar el significado de amor que proponen dos filósofos asociados a la escuela fenomenológica, Max Scheler y José Ortega y Gasset. Posteriormente, aquel significado se asoció a la formación ética en la educación física escolar. El análisis refleja que ambos coinciden en que el amor es un sentimiento objetivo y un acto intencional dirigido a conservar adecuadamente lo que es valorado positivamente. También reconocen que el amor es anterior a las emociones, los pensamientos y los deseos, así como que su dirección va desde lo superior a lo inferior. Este conocimiento puede ser aplicado en la educación física de diferentes formas, destacando la conciencia sobre la relación de las emociones con los valores éticos, como la solidaridad, el respeto a los derechos humanos, la tolerancia y la humildad.  Abstract: Philosophical activity is directed primarily to the world of ideas, that is, it deals with thoughts and meditation on the deepest themes of human and non-human existence. On the other hand, the pedagogical activity is mainly directed to more practical purposes, although not less important, and takes advantage of the knowledge revealed by the different referents of philosophy. However, it has been pointed out that for different reasons education has strayed far from the deeper world of ideas, which can lead to very superficial pedagogical activity. This essay aims to bring philosophy closer to education and, specifically, to physical education. First, the objective was to analyze the meaning of love proposed by two philosophers associated with the phenomenological school, Max Scheler and José Ortega y Gasset. Later, that meaning was associated with ethical training in school physical education. The analysis reflects that both agree that love is an objective feeling and an intentional act aimed at adequately preserving what is positively valued. They also recognize that love precedes emotions, thoughts, and desires, as well as its direction goes from the top to the bottom. This knowledge can be applied in physical education in different ways, highlighting awareness on the relationship between emotions and ethical values, such as solidarity, respect for human rights, tolerance, and humility.

scholarly journals THE MEANING OF RELIGIOUS MODERATION ON THE RESILIENCE OF MUSLIM MINORITY IN BALINESE HINDUS

2021 ◽  
Vol 5 (1) ◽  
pp. 77
Author(s):  
Amin Tohari ◽  
Moch. Khafidz Fuad Raya
Keyword(s):  
Minority Group ◽  
Qualitative Approach ◽  
Economic Sector ◽  
Religious Groups ◽  
Interpretive Paradigm ◽  
Muslim Minority ◽  
The World ◽  
The Relationship ◽  
Case Study Methods

<p><strong>Abstract:</strong> The Bali bombing around two decades ago has caused deep traumatic events in the world, not only psychological, socioeconomic, and multinational effects, but also serious impacts on the relationship between the two religions: Islam and Hindusm. This study documents how Muslims as a minority group in Bali attempted to survive amidst the Hindu majority and how these two ethnic-religious groups maintain harmonious relationship after the Bali Bombing incident. This study uses a case study methods with an interpretive paradigm and qualitative approach, the aim is to shows that social pressure and discrimination has not harm the relationship between the two in that the Muslim and Hindus cooperate in the economic sector and strengthen the relationship with kinship and marriage. This effort is a way for the Muslim-Hindus to rebuild the moderation of unity which was collapsed in Bali.</p><p><strong>Keywords:</strong> Muslim-Hindus, Bali, majority-minority, relations</p>

scholarly journals THE RISE OF THE INFORMAL SECTOR IN INTERNATIONAL DEVELOPMENTAL DISCOURSE

Politeia ◽  
2016 ◽  
Vol 33 (1) ◽  
pp. 50-65
Author(s):  
Mark K. Ingle
Keyword(s):  
Human Rights ◽  
South African ◽  
Informal Sector ◽  
Common Denominator ◽  
Economic Sector ◽  
South African Context ◽  
The World ◽  
African Context ◽  
The Common ◽  
The Government

This article documents the rise to prominence of the informal economic sector in academic developmental discourse. After a brief survey of the South African context, the article contrasts the new way of viewing the informal sector with the old. It shows how this shift in attitudes, ranging from grudging respect to outright advocacy, has generated new conceptual tools with which to theorise economic informality. A keen appreciation of the imperatives entailed by the different perspectives of the main protagonists is vital to any reconciliation of the divergent policy prescriptions being advanced for the informal sector.Bureaucrats and human rights activists view informality through very different lenses. The World Bank’s exit/exclusion philosophy recognises that economies at different stages of development will require customised approaches in coming to terms with economic informality. However, the common denominator of the theoretical views articulated in the article is a recognition that the informal sector cannot be dismissed out of hand, and that it has grown to the extent that it warrants serious attention and respect. Measures taken by the government to compensate for losses incurred due to informality could prove ultimately to be counter-productive. The informal economic sector has become a force to be reckoned with.

The undeniable reality of the ‘War on Terror’, radicalization, and sanity

2021 ◽  
pp. 25-40
Author(s):  
Shamila Ahmed
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
War On Terror ◽  
Health Agency ◽  
Emotional Resilience ◽  
Counter Narrative ◽  
The World ◽  
Form Part ◽  
Need For Support ◽  
The Relationship

This chapter explores the relationship between structure, mental health (agency–emotions–trauma) and radicalization. It uses Cohen’s States of Denial as a Freudian meta narrative to explore how denial operates to protect individual’s sanity against the atrocities and suffering in the world. It demonstrates how the denials of injustice, suffering, and erosion of human rights in the ‘War on Terror’ are exposed by Islamists and form part of their counter-narrative to the ‘War on Terror’. The chapter contends that this exposure of harmful realities leads to overwhelming emotions that individuals struggle to regulate, and it is the need for support, understanding, and compassion in dealing with such emotions that leads individuals to seek out extremist groups. It is argued that public services must support emotional resilience, and the absence of these services represents a continuing academic and policy neglect of how societal structures and institutions impact individuals’ beliefs and emotions, and form part of their experience of victimization.

5. Immigration law and human rights

2021 ◽  
pp. 145-198
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Immigration Law ◽  
Human Rights Law ◽  
Immigration And Asylum ◽  
Proportionality Test ◽  
The Relationship

This chapter discusses human rights law as it affects immigration and asylum. It explains how human rights apply to decisions on entry and removal, and the extraterritorial application of Article 3, and its nature as an absolute right. The chapter discusses Article 8, and how the proportionality test is applied to removal decisions in particular. It considers the effect on Article 8 cases of the immigration rules, the Immigration Act 2014, and case law interpreting the relationship between the rules, statute, and human rights. It briefly covers other Articles, including recent cases on Article 10. It also refers to the interaction of human rights with the duty in s 55 Borders Citizenship and Immigration Act 2009 to have regard to children’s welfare.

Part VI Human Rights and General International Law, Ch.35 Trade Law and Investment Law

2013 ◽  
Author(s):  
Joseph Sarah
Keyword(s):  
Human Rights ◽  
World Trade ◽  
Political Rights ◽  
Cultural Rights ◽  
Trade Law ◽  
The World ◽  
Investment Law ◽  
The Impact ◽  
The Relationship ◽  
Trade And Investment

This article examines the relationship among trade, investment and human rights laws. It analyses the relevant legal relationships as reflected in the salient case law and the synergies between the works of the United Nations, the World Trade Organization (WTO) and the Organisation for Economic Cooperation and Development (OECD). It also considers the impact of WTO rules on specific economic, social and cultural rights, the benefits of free trade and investment for civil and political rights and the human rights protections for traders and investors.

scholarly journals The Relationship Between Human Rights Violations and Human Trafficking

2016 ◽  
Vol 3 (1) ◽  
pp. 39-55
Author(s):  
Julia Muraszkiewicz
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Crime Victims ◽  
Human Rights Violations ◽  
Human Beings ◽  
Legal Nature ◽  
The World ◽  
Trafficking In Human Beings ◽  
The Relationship

Human trafficking is lucrative crime, often trans border, affecting every country in the world. In the course of this crime victims are subjected heinous experiences. Consequently the crime has been described as a grave violation of human rights. However, there are those that question the legal nature of trafficking in human beings, and whether it really is a violation of human rights. This article explores the relationship between human trafficking and human rights, and analyses what are the impacts of that relationship on State’s duties to fight the crime.

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