equality rights
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2021 ◽  
Vol 5 (2) ◽  
pp. 400-433
Author(s):  
Shintya Giri Ramadhaniati ◽  
Shary Charlotte Henriette Pattipeilhy ◽  
Tri Cahya Utama

Abstract: Gender inequality is a problem faced throughout the world, including in Indonesia, where the patriarchal system causes women to often get injustice from various sectors, especially the work sector. In 2014, UN Women initiated the formation of HeForShe by making men as agents of change so that women can live equally without discrimination. This research then aims to see why the HeForShe organization involves men in efforts to address gender inequality in Indonesia. This research also uses qualitative methods with various data sources from the HeForShe organization, the Government of Indonesia and the Ministry of PPPA. The theory used is Liberal Feminists with the concept of men as privileged allies. The results of this study indicate that men as privileged allies in the struggle for the rights of women workers in Indonesia. The support provided by Indonesian men currently varies from learning about gender equality to building movements to support the elimination of violence against women. It is through this contribution that women's voices will be heard and gender equality actions will be better realized. Keywords: Indonesia, Gender Inequality, HeForShe, Privileged Allies, Equality, Rights of Women Workers   Abstrak: Ketidaksetaraan gender merupakan permasalahan yang dihadapi di seluruh dunia termasuk di Indonesia dimana sistem patriarki menyebabkan wanita seringkali mendapatkan ketidakadilan dari berbagai sektor terutama sektor pekerjaan. Pada tahun 2014, UN Women menginisiasikan terbentuknya HeForShe dengan menjadikan pria sebagai agen perubahan agar wanita bisa hidup setara tanpa diskriminasi. Penelitian ini kemudian bertujuan untuk melihat mengapa organisasi HeForShe melibatkan pria dalam upaya penanganan ketidaksetaraan gender di Indonesia. Penelitian ini juga menggunakan metode kualitatif dengan berbagai sumber data dari organisasi HeForShe, Pemerintah Indonesia serta KemenPPPA. Teori yang digunakan adalah Feminis Liberal dengan konsep pria sebagai privileged allies. Hasil dari penelitian ini menunjukkan bahwa pria berperan sebagai privileged allies dalam perjuangan hak pekerja wanita di Indonesia. Dukungan yang diberikan pria Indonesia saat ini sangat beragam mulai dari mempelajari mengenai kesetaraan gender sampai membangun gerakan untuk mendukung penghapusan kekerasan terhadap wanita. Melalui kontribusi inilah suara wanita akan lebih didengar dan kesetaraan gender akan terwujud dengan lebih baik. Kata Kunci: Indonesia, Ketidaksetaraan Gender, HeForShe, Privileged Allies, Kesetaraan, Hak Pekerja Wanita.


2021 ◽  
Vol 16 (2) ◽  
pp. 49-57
Author(s):  
Hessa Alotaibi

The concept of women rights, freedoms, and their role in public sphere are few important areas which have been in news in the past few decades. There is no doubt that women were deprived of their rights such as right to vote, freedom to mobility etc. in Muslim communities in the past few centuries. However, not much later, the fight for women rights and freedoms are being observed among the various Muslim communities. Another aspect among the Islamic communities is related to social service. The foundation of Islam religion was based on the principles of social justice, equality and service to mankind. However, both these concepts including women role and social services in Islam have been influenced by various factors since the founding of Islam religion. Therefore, it would be an interesting area of research to investigate evolution and changes relates to these two areas through the Islamic ages in order to analyse if factors of influence and whether or not these changes are relevant in the current times. Accordingly, the purpose of this paper is to review the role of women and community services through Islamic ages, and analyse its implications in the current scenario. A narrative review approach is adopted in this study in order to reflect the developments from the history. Findings from the review indicated that the women in Islamic ages enjoyed equal rights and status in society in contrast to the women in the modern world. However, social services continued to be a part of the Islamic principles since its emergence in the 6th century. It can be concluded that there is a need to create awareness among the Muslim elites (who base discrimination in the context of religion, culture, and traditions) regarding the equality rights for women and their increased participation in social, economic, and cultural fields in the society.


2021 ◽  
pp. 78-129
Author(s):  
Johanna Bond

This chapter explores the ways in which regional human rights systems, which operate alongside the UN human rights system, have increasingly embraced intersectionality in their analysis of complex human rights violations. After a review of each system’s basic structure and primary human rights treaties, the chapter briefly examines the ways in which the treaty language itself includes, or does not include, intersectional principles. The chapter then reviews the “soft law” related to intersectionality within each regional system: the non-binding law or policy reflected in regional recommendations, guidelines, or programs. Although it is impossible to comprehensively cover the regional human rights jurisprudence given the scope of the chapter, each section offers a generalized overview of the regional system’s approach to intersectionality in its non-discrimination jurisprudence. Finally, each section provides an example of intersectional discrimination and a more detailed description of how the relevant judicial bodies have approached intersectionality. The chapter uses an intersectional lens to explore LGBTQI (lesbian, gay, bisexual, transgender, queer and/or questioning, and intersex) rights in the African region, the rights of poor and Indigenous women to be free from violence in the Americas, and the equality rights of Roma women in the European system.


2021 ◽  
Vol 3 (1) ◽  
pp. 67-73
Author(s):  
Nusrat Bano ◽  
Ghulam Mustafa ◽  
Anwar Ali

Purpose: Integrity is pre-requisite for the prosperity and development of the society. Stable integration is the sign of justice, equality, rights and duties which provides tolerated society and religious inclusion. But, developing countries still have many challenges to stabilize their socio-religious integration due to non-cooperative behavior among different segments of the society, lack of politico-religious tolerance and less socio-economic development. The other factors responsible are poor educational and health system, weak social institution, marginalized segments of society, absences of culture of welfare state. Likewise, in India, communal conflicts remain present in every time as well as Pakistan faces sectarian tension and in both countries, religious norms and attitudes are used for political purposes. Similarly, both countries have the challenges of inequality and injustices within their communities. Design/Methodology/Approach: The qualitative techniques have been applied in this research. Date has been collected from Secondary and Primary Sources. Findings: Economic development is necessary for the development of the social prosperity without it socio-religious integration is a dream. Implications/Originality/Value: The epidemic COVID-19 has challenged the socio-religiosity of the developing countries which affected the socio-economic and religious set up of these countries ruthlessly.


HUMANIS ◽  
2021 ◽  
Vol 25 (2) ◽  
pp. 250
Author(s):  
Chrisantya Angelita

Deaf mute villager in Bengkala village is called as kolok villager. In Bengkala Village, kolok villager as disabled community is not getting discriminated by society. This research intend to study about equality rights for kolok villager in Bengkala Village. Theory used in this study is Functionalism Structural Talcott Parsons. The research method are interview and observation. The result shows that kolok villager are accepted by Bengkala Village society. Because basically normal villager and kolok villager are related. The equality rights are art right, education right, economy right, and voting right.


2021 ◽  
Vol 30 (2) ◽  
pp. 53-84
Author(s):  
Joshua Sealy-Harrington

A clear legal test for equality is impossible, as it should be. Indeed were the test clear, it could not be for equality. It would have to be for something other than equality — in effect, for inequality. The abstract character of equality is not a new idea. In fact, the Supreme Court of Canada’s first decision under section 15 of the Canadian Charter of Rights and Freedoms1 recognized equality as “an elusive concept” that “lacks precise definition.”2 Why, then, do judges continue to demand such definition over thirty years later? The answer, at times, is politics. 1 s 15(1), Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter].2 Andrews v Law Society of British Columbia, [1989] 1 SCR 143 at 164, 56 DLR (4th) 1 [Andrews].


2021 ◽  
Vol 30 (2) ◽  
pp. 85-96
Author(s):  
Richard Moon

Very early in my academic career I wrote two pieces about section 15.1 The first was written in 1987, before the Supreme Court of Canada had heard any section 15 cases,2 and the second in 1989 was a comment on Andrews v Law Society of British Columbia, the first of the Court’s section 15 decisions.3 When I re-read these pieces recently it struck me that with a few minor updates they could be read as comments on the Court’s recent decision in Fraser v Canada(Attorney General). 4 The same issues and tensions that were there at the beginning of section 15 are still there. They are built into the concept of constructive/effects discrimination and are not about to disappear. Shamelessly, I have reconstituted these two earlier pieces into a comment, of sorts, on the Fraser case. Other contributors in this special issue of the Constitutional Forum have set out the facts of the Fraser case and so I have not done so here. 1 Canadian Charter of Rights and Freedoms, s 15, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter].2 Richard Moon, “Discrimination and Its Justification: Coping with Equality Rights under the Charter” (1988) 26:4 Osgoode Hall LJ 673.3 Richard Moon, “A Discrete and Insular Right to Equality: Comment on Andrews v. Law Society of British Columbia”(1989) 21:3 Ottawa L Rev 563.4 2020 SCC 28 [Fraser].


2021 ◽  
Vol 30 (2) ◽  
pp. 29-42
Author(s):  
Jennifer Koshan

It has been a long road to the judicial recognition of women’s inequality under the Cana‑ dian Charter of Rights and Freedoms.1 The Supreme Court of Canada ruling in Fraser v Can‑ ada is significant for being the first decision where a majority of the Court found adverse effects discrimination based on sex under section 15,2 and it was only two years prior that a claim of sex discrimination in favour of women was finally successful at the Court,3 almost 30 years after their first section 15 decision in Andrews v Law Society of British Columbia. 4 1 Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter], s 15. 2 Fraser v Canada (Attorney General), 2020 SCC 28 [Fraser]. 3 Quebec (Attorney General) v Alliance du personnel professionnel et technique de la santé et des services sociaux,  2018 SCC 17 [Alliance] (majority found sex discrimination under s 15 and rejected the government’s justification argument under s 1 in the pay equity context). See also Centrale des syndicats du Québec v Quebec (Attorney General), 2018 SCC 18 [Centrale] (majority found violation of s 15 but accepted the government’s s 1 argument, also in the pay equity context). For comments on these decisions see Fay Faraday, “One Step Forward, Two Steps Back? Substantive Equality, Systemic Discrimination and Pay Equity at the Supreme Court of Canada” (2020) 94 SCLR (2d) 301; Jonnette Watson Hamilton & Jennifer Koshan, “Equality Rights and Pay Equity: Déjà Vu in the Supreme Court of Canada” (2019) 15 JL & Equality 1. See also British Columbia Teachers’ Federation v British Columbia Public School Employers’ Association, 2014 SCC 70 (a one-paragraph decision restoring an arbitrator’s award allowing a s 15 employment benefits claim by women); Newfoundland (Treasury Board) v NAPE, 2004 SCC 66 (finding a violation of s 15 but accepting the government’s s 1 argument, again in the pay equity context).4 [1989] 1 SCR 143, 56 DLR (4th) 1.


Al'Adalah ◽  
2021 ◽  
Vol 22 (1) ◽  
pp. 28-42
Author(s):  
M Saiful Anam ◽  
Abd Rozaq

Rights are the power to accept or do something that should be accepted or carried out by certain parties and can be prosecuted forcibly. There are two basic types of human rights, equality rights such as the right to be treated equally and the right to freedom such as freedom to worship, freedom to hold opinions, freedom of association, ect. Many pro-contro in society toward Government Regulation Act No. 2 of 2017 on the right of association. Suspicion from some communities that the motives or intentions of the Act are actually more aimed at Islamic-based community organizations than others. This applied research type is a form of descriptive research that describes a review of problems in society. In this study the researchers reviewed the opinions of interfaith leaders on theright to organize in A ct No. 2 of 2017. The results of this study are: 1) the perception of the Islamic community leaders in Probolinggo district, is to support the changes of the act of community organizations. This is due to several legal reasons related to the emergency conditions that occurred. In addition, the right to organize in Islam needs to be regulated. God regulates and gives a measure ofthe right to associate. Not absolutely free. 2) Whereas according to Christian leaders, associate rights are social rights. Social rights are useful for maintaining and facilitating the achievement of personal rights. So the association right is free to use if it is not in its orientation, namely ensuring the fulfillment of personal rights such as speaking, living happily, ect. So automatically the right of association should not be fought, if it is contrary with personal rights. This has become the basis for an agreement with Act No. 2 of 2017 agreed to be formalized.


2021 ◽  
Vol 30 (5) ◽  
pp. 118-137
Author(s):  
Tatiana Vasilieva ◽  

This article explores the evolution of the Supreme Court of Canada’s approach to the application of the concept of human dignity in constitutional equality cases. Traditionally, in human rights cases, this concept serves only to strengthen the argument, to show that the violation affects the person’s intrinsic worth. It is only in Canada and in South Africa that there is experience in applying the concept as a criterion for identifying discrimination. In 1999, in Law v. Canada, the Supreme Court recognized the purpose of Article 15(1) of the Canadian Charter of Rights and Freedoms of 1982 to be the protection of human dignity and stated that discrimination must be established based on assessment of the impact of a program or law on human dignity. However, in 2008, in R. v. Kapp, the Court noted that the application of the concept of human dignity creates difficulties and places an additional burden of prove on the plaintiff. It is no coincidence that victims of discrimination have preferred to seek protection before human rights tribunals and commissions, where the dignity-based test is not used. Subsequently, the Supreme Court of Canada rejected the use of the concept of human dignity as a criterion for identifying discrimination. The unsuccessful experience of applying the concept of human dignity as legal test has demonstrated that not every theoretically correct legal construction is effective in adjudication.


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