States as Agents and as Trustees

In The Shifting Border, Ayelet Shachar observes that the ‘beast’ of state migration policy has broken out of its cage and shifted both outward – to intercept migrants before they can ‘touch base’ and thereby gain rights – and inward, to restrict and subvert the rights of migrants and others in Exclusionary Zones within state territory. Shachar wants to ‘tame’ the beast by obligating states and their agents to uphold basic rights wherever they act. The current article first questions whether this ‘beast’ is necessarily monstrous, or whether it is not an admittedly excessive response to understandable challenges that arise due to the passivity of territorial states in the face of external forces. The article then suggests that the better response to this passivity is for states to embrace their legitimating function of trusteeship for the people (or moral patients) of the world as a whole.

Reasons behind Child Labor in Bangladesh: Case & Policy Analysis

Bangladesh's socioeconomic realities include the problem of child labor. This is a huge problem that cannot be overlooked. In this study, I looked at the elements that contribute to child labor in Bangladesh. Poverty is the primary cause of children working as child laborers. The issue of child labor has become one of the most prominent challenges in developing countries. To put an end to this, societies and governments must act together. The government, in particular, must ensure that citizens' basic rights are protected. Following that, the implementation of child labor legislation and a social boycott of child work would be an effective remedy.

Kartu Tanda Penduduk: Penantian Panjang Transpuan atas Akses Keadilan dan Kesetaraan

The Population Administration Law (UU Adminduk) regulates that the Identity Card (Kartu Tanda Penduduk/KTP) is the states’ obligation facilitated by the Goverment and carried out by citizens. KTP is a tool to ensure that citizens are registered and their rights on civil, political and social economic are guaranteed. The absence of KTP causes multiple layers of vulnerability of stigmatized and discriminated groups, namely transwomen. They are marginalised from access to justice and basic rights, before and in a time of COVID-19 pandemic. Various stigma, violence and discrimination are experienced by transwomen who do not have access to KTP, which unfortunately does not anticipated by the Adminduk Law. This paper analyzes the implementation of the Adminduk Law related to KTP mechanism for transwomen, particularly in a time of pandemic. Using the women human rights framework, this paper shows substantive problems that potentially threaten access to justice and equality of transwomen.

Political Legitimacy, Authoritarianism, and Climate Change

Is authoritarian power ever legitimate? The contemporary political theory literature—which largely conceptualizes legitimacy in terms of democracy or basic rights—would seem to suggest not. I argue, however, that there exists another, overlooked aspect of legitimacy concerning a government’s ability to ensure safety and security. While, under normal conditions, maintaining democracy and rights is typically compatible with guaranteeing safety, in emergency situations, conflicts between these two aspects of legitimacy can and often do arise. A salient example of this is the COVID-19 pandemic, during which severe limitations on free movement and association have become legitimate techniques of government. Climate change poses an even graver threat to public safety. Consequently, I argue, legitimacy may require a similarly authoritarian approach. While unsettling, this suggests the political importance of climate action. For if we wish to avoid legitimating authoritarian power, we must act to prevent crises from arising that can only be resolved by such means.

Equality before the Law Principle and the Legal Aid for the Poor: An Indonesian Insight

Legal aid is something that is given by the state to people who are unable to get justice and their basic rights before the law. The state has an obligation to protect every citizen, especially legal protection for the poor or the poor. To ensure this protection, the government forms a law which can help the underprivileged or poor in dealing with the legal problems they experience. With the existence of the Law on Advocacy, the Law on Legal Aid, as well as the existence of this Legal Aid Institute, it is hoped that it will be able to reduce the burden on what people experience before the law, especially related to the costs of legal aid.

Perlindungan Hukum Terhadap Pekerja Debitur Yang Mengalami Pemutusan Hubungan Kerja Akibat Covid-19 Pada Pt.Astra International Tbk-Honda

Termination of employment during the covid-19 pandemic is a step that must be taken by PT. Astra International Tbk-Honda in order to avoid more severe losses, the legal protection provided to debtor workers who have been laid off during the Covid-19 pandemic has been regulated in Law No. 13 of 2003 concerning Manpower which aims to guarantee all basic rights of workers and guarantee equality and treatment without discrimination on any basis to realize the welfare of workers, especially for workers who have been terminated. The purposes of this research are to reveal the form of legal protection for debtor workers who experience Termination of Employment (PHK) during the Covid-19 pandemic and to study the implications of the government in protecting debtors who experience Termination of Employment (PHK) due to Covid-19. This study uses empirical legal research with a sociology of law approach. The sources of law used are primary and secondary. The techniques for collecting legal materials are recording, summarizing, and quoting techniques and the data that has been collected is then used qualitative analysis techniques. The results of the study reveal that the legal protection provided by the government to workers who have been terminated is by issuing policies in the form of a pre-employment card program and stimulus assistance intended for people who have not worked and workers who have been laid off. The implications of the pre-employment card program policy and stimulus assistance issued by the government were greatly appreciated by one of the workers of PT. Astra International Tbk-Honda who experienced termination of employment, the benefits of the pre-employment card program policy and stimulus assistance were felt to be very helpful in developing the business he had just started.

Living Together

In this chapter, the authors analyze the artifacts in which students explore the idea of living together as a peaceful interaction between people and mutual enrichment of their difference based on basic rights and freedoms as well as mutual respect. In the CLLP, living together is approached as celebration of diversity intertwined with solidarity, equality, and human rights. The analysis reveals that students often approach living together from their own point of view, but are able to see others’ perspectives. The chapter discusses how learning about solidarity requires sensitivity for difference and thus lessons on the subject need to be planned carefully to ensure inclusive cultural practices and respect for diversity and difference.

Constitutional status of an individual in the context of coronavirus pandemic: vectors of transformation in Russia

The subject of research is the scientific understanding of the ways, manifestations and trends in the transformation of the constitutional status of an individual in the context of the spread of coronavirus infection.The purpose of the research is to confirm or disprove the scientific hypothesis that the COVID-19 pandemic impacts negatively on the content and implementation of the constitutional status of an individual in Russia.The methodology. General scientific methods, especially dialectical ones, made it possible to study the conditions and process of evolution of the constitutional status of an individual in the context of confronting coronavirus infection. With the help of a synergistic method the analysis of cross-sectoral communication of national constitutional law and international legal regulation is carried out. The systemic-structural method was used in the study of intrasystemic changes in the constitutional status of an individual. A study of normative legal sources was made using the formal legal method.The main results, scope of application. The constitutional status of an individual is undergoing a clear transformation in four directions, each of which has received a separate consideration in the work. Basically, the transformation concerned such an element of the constitutional status as "rights". For the most part, these changes have a negative character for an individual, that is, they worsen his constitutional and legal situation in comparison with the "pre-pandemic" period, but they will remain in one way or another until the sanitary and epidemiological situation normalizes. It is noteworthy that the same element of the constitutional status, including the same right, can experience several variants of transformation, but with a difference in time, content, territory of action or circle of persons. For example, the development of the right to freedom of movement on the territory of the Russian Federation is accompanied by both its restriction and suspension of implementation in general, and the right to entrepreneurial activity is accompanied by an additional opportunity for business representatives to receive compensation for forced losses. The pandemic has demonstrated the permissibility and even a certain expediency of transforming the constitutional status of a person and a citizen not only by federal laws (which follows from Part 3 of Article 55 of Russian Constitution), but also by-laws and regulations, not only at the federal, but also at the regional level. This possibility is due to references in federal legislation. It should be recognized that over the past year, for the first time, we have witnessed the active regulation of the constitutional status of a person and a citizen by the subordinate normative acts of the constituent entities of the Russian Federation, which indicates their confident incorporation into the number of sources of its legal regulation.Conclusions. The vectors of transformation of constitutional status of an individual due to COVID-19 pandemic were: (a) the restriction of some basic rights, (b) the suspension of the implementation of a number of basic rights, (c) the substantive clarification and addition of certain rights and mechanisms for their implementation, (d) imposition of additional responsibilities.

Legal Protection for Children in Conflict with the Law: Process and Problems

The implementation of coaching prisoners, whether male, child or female, in an effort to return prisoners to a good society, is very important, not only material or spiritual, but both must run in balance, these are the main things that support prisoners easily in living their lives. after serving the sentence. Guidance in Correctional Institutions is expected to be able to shape the personality and mentality of prisoners who are considered not good in the eyes of the community to become normal and in accordance with applicable norms and laws Real efforts to guarantee the basic rights of women. The purpose of this study is to determine the rights of a child in obtaining legal assistance, to find out and analyze regulations regarding children, and to analyze the mechanism of legal protection for children who are in conflict with the law.

HAK ASASI MANUSIA DALAM AL-KULLIYAT AL-KHAMS (PERSPEKTIF PEMIKIRAN ABDURRAHMAN WAHID)

Human Rights are one of basic rights that had by every humanbeing who has become their destiny when they were born. Actually theHuman Rights are not state’s gifts, law or other human beings. Every humansneed human rights to protect their dignity, as well as a moral foundation inassociating and dealing each other. In Islam, human rights have a highpriority by prioritizing collective rights rather than individual rights. Islamalso teaches his people to respect each other and recognize the rights of one’slife, because live and death are the power of Allah Almighty. Human Rights inIslam are written in Al-Kulliyat Al-Khams, namely hifzh al-din (protectionagainst religion), hifzh al-nafs (protection of the soul), hifzh al-aql (protectionof reason), hifzh al-nasl (protection of offspring), and hifzh al-maal(protection of property). Abdurrahman Wahid of familiarly known as GusDur is a person who has extremly respect about the human values whichcontained in Al-Kulliyat Al-Khams and shows a high commitment to realize ofrespect for human rights. Therefore, it is very interesting to know HumanRights in Al-Kulliyat Al-Khams, Abdurrahman Wahid’s perspective to find outhow his thoughts in realizing to bring into reality the protection of basichuman rights.