scholarly journals Legal Protection for People with Disabilities in the Perspective of Human Rights in Indonesia

2021 ◽  
Vol 10 ◽  
pp. 538-547
Author(s):  
Faissal Malik ◽  
◽  
Syawal Abduladjid ◽  
Dewa Gede Sudika Mangku ◽  
Ni Putu Rai Yuliartini ◽  
...  
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Legal Protection ◽  
People With Disabilities ◽  
The State ◽  
Persons With Disabilities ◽  
Legal Recognition ◽  
State Regulations ◽  
Legal Principles ◽  
Constitutional State

The purpose of this research is to find out how the principles of legal protection for persons with disabilities and how the implementation of legal protection for persons with disabilities. Indonesia has strong legal principles in making Indonesia a constitutional state with the existence of regulations on guarantees for the protection and empowerment of persons with disabilities which are reflected in; Pancasila as the state philosophy, the Preamble of the 1945 Constitution, Law, TAP MPR, Conventions and International Declarations on human rights. Likewise, legal recognition of persons with disabilities can be seen from the regulations, both Indonesian state regulations, and regulations, or international organizations that provide legal guarantees for the rights of persons with disabilities.

INTERNATIONAL STANDARDS FOR THE RIGHTS OF PERSONS WITH DISABILITIES IN THE CONTEXT OF HUMAN RIGHTS

2021 ◽  
Vol 65 (04) ◽  
pp. 160-163
Author(s):  
Lala Ahad Mammadova ◽  
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
People With Disabilities ◽  
Severe Disabilities ◽  
International Standards ◽  
Modern World ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Non Governmental Organizations ◽  
The World

People with disabilities are the most vulnerable and most disadvantaged group in the world. It is estimated that more than a billion people, or about 15% of the world's population, live with some form of disability. More than 250 million older people have moderate or severe disabilities. Disability in the modern world has manifested itself as one of the global problems affecting the interests of almost all spheres of activity, but despite the existing national, regional and international legal norms, as well as the activities of international organizations and the efforts of non-governmental organizations around the world, belonging to people with disabilities human rights are still not adequately respected. This article discusses such important aspects, as discrimination faced by people with disabilities, formation of international legal protection of the rights of persons with disabilities and implementation of international documents in national law by states. Key words: disability, human rights, discrimination, social equality, legal protection

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.

scholarly journals THE LEGAL RECOGNITION OF THE HUMAN RIGHTS SITUATION OF WOMEN WITH DISABILITIES IN THE STATE OF QATAR

2017 ◽  
pp. 105
Author(s):  
MARÍA LAURA SERRA ◽  
MARÍA DEL CARMEN BARRANCO AVILÉS ◽  
PATRICIA CUENCA GÓMEZ ◽  
RAFAEL DE ASÍS ROIG ◽  
PABLO RODRÍGUEZ DEL POZO
Keyword(s):  
Human Rights ◽  
The State ◽  
State Party ◽  
Women With Disabilities ◽  
Persons With Disabilities ◽  
Legal Recognition ◽  
Fundamental Freedoms

From the continental law, this paper analyses the situation regarding the rights and fundamental freedoms of women with disabilities in Qatar. The analysis uses as the main reference, Article 6 of the Convention on the Rights of Persons with Disabilities (CRPD) and the General Comment that the CRPD Committee has made to this article. In this aspect, it tries to outline the difficulties that Qatar, as a State party, has in order to be able and take the very first steps towards a real inclusion for women with disabilities

scholarly journals Disabled consumers in solidary private law

2020 ◽  
Vol 48 (2) ◽  
Author(s):  
Lúcia Souza d'Aquino ◽  
Guilherme Mucelin
Keyword(s):  
Human Rights ◽  
Consumer Protection ◽  
People With Disabilities ◽  
Research Problem ◽  
Private Law ◽  
Consumer Market ◽  
Persons With Disabilities ◽  
The Disabled ◽  
The Status

This work analyzes the evolution of private law, centered on individualism and totalizing codification, towards private law of solidarity, centered on solidarism, which valorizes the person before his particularities and his laws of protection. Thus, with the strengthening of constitutional principles and human rights, the disabled person is described, as a consumer, as hypervulnerable, worthy of specific protection, which will only be effective with the dialogue between the Consumer Protection Code and the Status of the Disabled Person. The research problem centers on how to protect the disabled person as a consumer from the plurality of standards that affect this relationship, in particular the Consumer Protection Code and the Status of Persons with Disabilities. Using a hypothetical methodology, it is assumed that the dialogue of sources method is the appropriate means to effectively protect people with disabilities in the consumer market

scholarly journals Vocational guidance and assistance system for the employment of persons with disabilities and persons with disabilities within the framework of the international movement “Abilimpix”

2021 ◽  
Vol 24 (2) ◽  
pp. 5-9
Author(s):  
Tatyana N. Ananyeva ◽  
Galina I. Ilyukhina ◽  
Yulia V. Sazonova
Keyword(s):  
Social Life ◽  
People With Disabilities ◽  
Modern Society ◽  
Well Being ◽  
The State ◽  
Persons With Disabilities ◽  
Institutional Conditions ◽  
Professional Activities ◽  
Health And Well Being

Human health and well-being largely depend on a sufficient standard of living, educational opportunities and participation in social and social life, and successful professional activities. It should be recognized that in the surrounding society it is in these areas of life that people with disabilities and disabilities are especially disadvantaged, but not neglected by society and the state. Currently, in the Russian Federation, the State programme Accessible Environment is being implemented to support and assist persons with disabilities and disabilities, with the aim of creating legal, economic and institutional conditions conducive to the integration of persons with disabilities into society and improving their quality of life. The programme contains three subprogrammes that are effectively implemented in modern society, namely: (1) Ensuring the accessibility of priority facilities and services in priority areas of life of persons with disabilities and other mobile populations; (2) Improvement of the system of comprehensive rehabilitation and habilitation of persons with disabilities; (3) Improvement of the state system of medical and social expertise. The organizers of the Abilimpix social movement were able to demonstrate to people with disabilities their individual capabilities and prospects for accessibility to all types, forms and means of obtaining knowledge and professional skills, their effective application in practice.

THE ROLE OF THE JUDICIARY IN THE CONSTITUTIONAL AND LEGAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS

2018 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Aspect ◽  
Legal Protection ◽  
The State ◽  
Time Dynamic ◽  
Protection Of Human Rights ◽  
The Law ◽  
Judicial Protection

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

Chronic Illness

2020 ◽  
pp. 285-306
Author(s):  
Oliver Lewis ◽  
Soumitra Pathare
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Independent Living ◽  
People With Disabilities ◽  
Well Being ◽  
Persons With Disabilities ◽  
Implementation Challenges ◽  
National Implementation ◽  
The Right ◽  
Models Of Service Delivery

This chapter sets out the connection between disability and human rights, examining how persons with disabilities (including those with physical disabilities, sensory disabilities, psychosocial or mental health disabilities, and intellectual disabilities) are particularly vulnerable to exclusion and discrimination, leading to human rights violations across the world. It has been a long global struggle to recognize the rights of people with disabilities and realize the highest attainable standard of physical, mental, and social well-being, a struggle evolving across countries and culminating in the 2006 adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The provisions of the CRPD relate to three specific rights that are of particular importance to people with disabilities: legal capacity, the right to health, and the right to independent living. Yet, national implementation challenges remain, including finding space for mental health and disability in policymaking and developing models of service delivery that advance human rights.

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

Legislative discrepancies: an analysis of Missouri’s current human trafficking laws and the need to improve its legal protection of victims

2020 ◽  
Vol 13 (2) ◽  
pp. 143-158
Author(s):  
Rachel Kappler ◽  
Arduizur Carli Richie-Zavaleta
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Best Practice ◽  
Legal Protection ◽  
State Level ◽  
The State ◽  
Safe Harbor ◽  
Content Type ◽  
The Usa

Purpose Human trafficking (HT) is a local, national and international problem with a range of human rights, public health and policy implications. Victims of HT face atrocious abuses that negatively impact their health outcomes. When a state lacks protective laws, such as Safe Harbor laws, victims of HT tend to be seen as criminals. This paper aims to highlight the legal present gaps within Missouri’s anti-trafficking legislation and delineates recommendations for the legal protection of victims of HT and betterment of services needed for their reintegration and healing. Design/methodology/approach This case-study is based on a policy analysis of current Missouri’s HT laws. This analysis was conducted through examining current rankings systems created by nationally and internationally recognized non-governmental organizations as well as governmental reports. Additionally, other state’s best practice and law passage of Safe Harbor legislations were examined. The recommendations were based on human rights and public health frameworks. Findings Missouri is a state that has yet to upgrade its laws lately to reflect Safe Harbor laws. Constant upgrades and evaluations of current efforts are necessary to protect and address HT at the state and local levels. Public health and human rights principles can assist in the upgrading of current laws as well as other states’ best-practice and integration of protective legislation and diversion programs to both youth and adult victims of HT. Research limitations/implications Laws are continually being updated at the state level; therefore, there might be some upgrades that have taken place after the analysis of this case study was conducted. Also, the findings and recommendations of this case study are limited to countries that are similar to the USA in terms of the state-level autonomy to pass laws independently from federal law. Practical implications If Safe Harbor laws are well designed, they have greater potential to protect, support and assist victims of HT in their process from victimization into survivorship as well as to paving the way for societal reintegration. The creation and enforcement of Safe Harbor laws is a way to ensure the decriminalization process. Additionally, this legal protection also ensures that the universal human rights of victims are protected. Consequently, these legal processes and updates could assist in creating healthier communities in the long run in the USA and around the world. Social implications From a public health and human rights perspectives, communities in the USA and around the world cannot provide complete protection to victims of HT until their anti-trafficking laws reflect Safe Harbor laws. Originality/value This case study, to the best of the authors’ knowledge, is a unique analysis that dismantles the discrepancies of Missouri’s current HT laws. This work is valuable to those who create policies at the state level and advocate for the protection of victims and anti-trafficking efforts.

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