Die Rechte indigener Völker im Menschenrechtssystem

This textbook offers insights into the recently established special rights regime on indigenous peoples’ rights at international level. The reader is guided from the early beginnings of this issue in the 1970s to current jurisprudential developments. International and regional norms are introduced and contrasted with societal and political challenges. The book also opens broader debates on the politics of recognition and decolonisation, multilateral systems and global governance, the pluralisation of society and its institutions, collective rights and the meaning of civil, political, economic, social and cultural rights. This group-specific field of the international human rights protection system is viewed through the lenses of international law and socio-political approaches.

ANALISIS PERAN PEREMPUAN DALAM MENANAMKAN NILAI-NILAI PENDIDIKAN ISLAM TERHADAP ANAK

All human beings are creatures of the one God. They are equal, regardless of cultural background. Therefore, they receive the same appreciation from God and that must be respected and glorified. Thus, discrimination based on gender, skin color, class, race, ethnicity, religion, and so on has no basis at all in the teachings of Tawhid. Only the level of taqwa to Allah is the measure of the difference. The concepts of biological and sociocultural differences between men and women view that biological differences between the two are considered natural, while social differences are considered cultural. Whatever the background of these differences, it is not a reason to justify each other because women have the same rights as men in all fields, including education, economy, social, culture, even law and defense and state security. Women deserve special rights. Women should have important roles as well as recognition in various aspects of life. Education for women is very important. Educating women is a fundamental and critical necessity, so they can play their role properly and correctly and give contribution as productive members of the society.

The Position of the Qanun Jinayat as a Forum for the Implementation of Sharia in Aceh in the Indonesian Constitution

The purpose of this paper is to describe the position of the Qanun Jinayat as a forum for the implementation of Sharia in Aceh within the framework of the Indonesian constitution. It is considered essential because the implementation of Sharia is conducted based on the UUPA (Law on Governing of Aceh). However, its implementation is often misunderstood, causing the implementation of Sharia to face many challenges from various parties, including the government's official institutions. This article is written to answer the main problem: the alignment of regulations, qanuns, with other laws and regulations. This study is normative legal research using a legal history approach. The analytical tools used are the theory of leveling norms and asymmetric decentralization. The study results show that the Sharia qanuns in Aceh, especially the Qanun Jinayat, have a different position from the regional regulations in other provinces in Indonesia. The difference lies in the special right of the Government of Aceh as a region with asymmetrical decentralization to make its regulations which at a certain level are permitted to be inconsistent with the laws on higher hierarchy. However, it must still align with the basic norms as the primary reference. The existence of special rights for Aceh is considered natural because of its long history, mainly when it is associated with the development of criminal law in Indonesia, which until now still uses the KUHP inherited from the Dutch East Indies. This specificity is a legal order regarding autonomous or special regions.

The Convention in Operation

Post–Cold War ocean diplomacy appeared promising, particularly in the Arctic. Countries in the region negotiated maritime boundaries and cooperated on environmental concerns. Globally, several new maritime organizations took shape, including a tribunal and an organization to manage the deep seabed. Many countries proved eager to get more undersea territory, and they assembled legal claims to large areas of the continental shelf. These developments were accompanied by increased tension in the South China Sea, where China asserted special rights. Its moves provoked tension with other countries, including the United States. A collision between US and Chinese military aircraft highlighted the risks. The new legal framework for the oceans was tested in other ways, including through boarding operations and moves by countries to keep dangerous vessels far away from their coasts. The effort to control fishing activities continued and featured both dramatic high-seas chases and quiet negotiations by regional organizations.

System Under Strain

Seabed mining became more active as companies invested in technologies to harvest valuable minerals. Momentum toward commercial mining would test directly the idea of international control of ocean space. The industry’s prospects also revived attention to whether the United States might join the Convention, and the Obama administration pushed to secure ratification. That effort failed, mostly because of conservative concerns about the internationalization of the seabed. Washington’s continued refusal to join the Convention created a complicated situation in which the leading maritime power claimed to defend maritime rules but was outside the Convention. From inside the Convention, China and Russia both challenged maritime rules. Both countries rejected international rulings critical of their maritime behavior. Despite an international ruling, China continued its efforts to secure special rights in the South China Sea, and the United States responded by increasing its naval activities in the area and conducting more freedom of navigation operations.

Would architecture be a creative industry in Ukraine?

Keywords: creative industry, architectural creation, architectural solution, architect,authors rights of architect Thearticle is devoted to analysis of the legal position of architect has in relations with theclient. Architecture is regarded as a creative industry in Ukraine, therefore the attentionpayed to protection of intellectual property rights in this sphere is important. Theidea implemented in architectural model should be protected according to the protectionof copyright. The industry remains creative until the level of creativeness is highin this economic sector and the number of people involved in production due to the effectivenessand demand for the product is increasing or remains constant. The resultof art and of the architecture is not only the object of property, owned by a client, butalso a piece of art protected as creation under copyright. The subject of such rights isan architect. The legal status of architect in Ukraine is provided by the right to supervisionduring the building process, demand of sighing a final act completing the construction,which means, the building is lead astray without breaking authors copyright.Other special rights are provided such as a right to make a photo of the objectbefore destroying it.Despite regarding architecture objects as protected by copyright the draft law isadopted in the first reading that limits the rights and influence of architect has in theprocess of building. The draft law proposes an option for architect to transfer rights,being apart from the process of building. This can cause a situation when the buildingwill be constructively changed, the creation will be changed without the authors participation.If this proposal will be implemented, the level of the creativeness in architecturewould decrease and even lost. So, the total sphere risks losing the status ofbeing creative. It is underlined that respect to the copyright in architecture is necessaryto the industry and its development. In particular. such rights of the architect asa subject of intellectual property law will be under threat: the freedom of creativity,the right to the inviolability of the work, economic rights. Another thing which is ofconcern is the responsibility of the architect. The removal of the architect during theconstruction process poses a risk of absence of the culprit in case of deformation or destructionof the object, caused by a structural defect or defect of the project.

The Legal Protection for Female Workers in the Perspective of Islamic Law and Law No. 11 Year 2020 on Job Creation

On Monday, 5 October 2020, the Draft Law on Job Creation was ratified by the House of Representatives of the Republic of Indonesia and the manuscript was signed by the government on November 3, 2020. Therefore, since November 3, 2020, the Draft Law on Job Creation promulgated in Law Number 11 Year 2020 on Job Creation. Based on the existing official text, the researcher intended to compare the rights of female workers as regulated in Law Number 13 of 2003 on Manpower with Law Number 11 of 2020 on Job Creation. The research method used in this study was a normative juridical research, with a statutory and conceptual approach, descriptive analytical research specifications, data collection by literature study, and qualitative data analysis. The protection of female workers as referred to in the previous labor law was still valid and was not discussed at all in Law Number 11 of 2020 on Job Creation. Therefore, it could be ascertained that the refusal of workers during the process of the Draft Law on Job Creation is wrong. The article which was amended related to the protection of female workers did not change the substance of the protection of female workers as previously regulated through Law Number 13 Year 2003 on Manpower. The Qur'an has been explained that people need to provide special rights for female workers. Explicitly, there is no verses in the Qur'an that mentioned the word 'special rights for female workers'. However, implicitly, there were general arguments based on the verses in the Qur'an that could be used as a basis for granting this right. Some of the special rights of female workers were implicitly communicated in Islamic teachings.

EU Law’s Half-Hearted Protection of Religious Minorities Minority Specific Rights and Freedom of Religion for All

This article begins with some reflections on the definition of religious minorities, their needs and rights and how this relates to the discussion about the need for minority specific rights in addition to general fundamental rights as rights for all human beings irrespective of particular identity features. Secondly, an overall account of the ambiguous relationship between religious minorities and fundamental rights is presented. The third and most extensive section zooms in on the EU and religious minorities, starting with an account of the EU’s general approach towards minorities and then turning to the protection of fundamental rights of religious minorities in/through the EU legal order. First, the EU’s engagement with minority specific rights and the extent to which these norms have been attentive to religious themes will be discussed. Second, the CJEU’s case law concerning freedom of religion and the prohibition of dis-crimination as general human rights is analysed. The conclusion then turns to the overall perspective and discusses whether the EU’s protection of religious minorities’ fundamental rights can be considered ‘half-hearted’ and, if so, to what extent. This in turn allows us to return to the overall focus of the Special Issue, namely the relationship between the freedom of religion for all and special rights for religious minorities.

Optimization of justice: administrative offense cases in Russia

The article is devoted to the study of the problems of legal regulation of jurisdiction and jurisdiction of cases of administrative offenses in the light of the forthcoming reform of administrative tort legislation. The author shows how the issues of optimizing jurisdiction and jurisdiction in such cases are related to solving the problem of ineffectiveness in the administration of justice in the sphere of administrative-tort relations and restoring the systemic character of legislative regulation of administrative responsibility, establishing clear criteria for the distribution of cases of administrative offenses between judicial and non-judicial bodies, with one hand, and within individual links of the judicial system — on the other. Particular attention is paid to substantiating the need to establish a predominantly out-of-court procedure for considering cases of administrative offenses. At the same time, it is emphasized that the optimization of the administrative and jurisdictional activities of the courts should be associated with such factors as the social significance and direction of the unlawful act, as well as the severity of administrative punishment. In this regard, the appointment of administrative punishments in the form of a warning, deprivation of special rights and administrative expulsion in the form of an independent departure from the Russian Federation is proposed to be attributed to the exclusive competence of the executive authorities.With regard to an administrative fine, the author concludes that only in cases where the size of the fine is comparable to a more severe administrative penalty or the amount of increased fines established for crimes in similar areas of activity, its imposition should be attributed to the exclusive competence of the court.In certain cases, it is also proposed to introduce a simplified procedure for considering cases in the courts on the imposition of an administrative fine.

ON THE ISSUE OF MAINTAINING A LIST OF THE INDIGENOUS PEOPLES OF CANADA AND RUSSIA

В данной статье на основе канадского опыта ведения индейского реестра рассматриваются теоретические вопросы, которые могут возникнуть в процессе ведения списка коренных малочисленных народов Российской Федерации. Российская Федерация и Канада гарантируют проживающим на их территориях аборигенам особые, отличительные права, которые как связаны с традиционным образом жизни, так и не связаны с ними. Справедливо, что такими специальными правами должны пользоваться лица, имеющие на это законное право. Поэтому, в целях свободной реализации такими лицами своих прав Россия и Канада приняли законы, предусматривающие письменный учет аборигенов. Такое решение является одним из выходов из ситуации, сложившейся по вопросу доказывания принадлежности лица к этническим общностям, имеющим право на осуществление предусмотренных законодательством прав. In this article, based on the Canadian experience of maintaining the Indian register, the theoretical issues that may arise in the process of maintaining the list of indigenous small-numbered peoples of the Russian Federation are considered. The Russian Federation and Canada guarantee the indigenous people living in their territories special, distinctive rights that are both related to the traditional way of life and are not related to them. It is true that such special rights should be enjoyed by persons who have a legitimate right to do so. Therefore, in order for such persons to freely exercise their rights, Russia and Canada developed laws providing for the written registration of indigenous people. Such a decision is one of the ways out of the situation that has developed on the issue of proving that a person belongs to ethnic communities that have the right to exercise the rights provided by law.