Hak Sipil dan Politik Kaum Marginal: Upaya dan Perjuangan Kelompok Transpuan di Kota Pangkalpinang

The purpose of this study is to describe how the Civil and Political Rights of the Transpuan group in Pangkalpinang City fulfill the Civil and Political Rights and to describe the efforts made by the group in fighting for civil and political rights as citizens. The primary data sources used were observations and in-depth interviews with Transpuan in Pangkalpinang City regarding the class struggle of the Transpuan group in Pangkalpinang City as marginal groups. At the same time, the secondary data are books, journals, theses from previous research, and internet sources relevant and related to the research focus. The research subjects who will be informants are Transpuan in Pangkalpinang City, Transpuan from Pangkalpinang City and its surroundings, and Transpuan from outside the Bangka Belitung Islands Province. The results of this study state that the fulfillment of the civil rights of Transpuan in Pangkalpinang City by the government has not been fully implemented.

ASSESSING THE HUMAN RIGHTS COMMITTEE’S GENERAL COMMENT NO. 37: IS THE INTERPRETATION SUFFICIENT TO PROTECT THE FREEDOM OF ASSEMBLY IN TIMES OF PUBLIC HEALTH EMERGENCY?

Implementing the right of peaceful assembly in the midst of a pandemic seems dangerous, especially when the disease is highly infectious. The United Nations Human Rights Committee then adopted General Comment No. 37 which explains the scope of protection of Article 21 of the International Covenant on Civil and Political Rights 1966. This writing is normative research on the interpretation made by the Human Rights Committee and assessing the sufficiency of the said interpretation in protecting the freedom of assembly in the midst of public health emergencies. It is found that the Human Rights Committee has conducted a thorough method in interpreting the protective scope of Article 21 of the ICCPR, whereas the General Comment No. 37 provides a vast protective scope, including a thorough guideline on how to conduct the freedom of assembly in times of public health emergency.

Corporate Human Rights Obligations under Socio-economic Rights

In the chapter it is examined obligations of business in the field of socio-economic rightsThe author proceeds from the understanding of the importance of socio-economic rights to ensurethe livelihood of people and the creation of human opportunities, as well as their fundamental naturein terms of enjoying civil and political rights. The author is convinced that not only states, but alsocorporations, have certain obligations in the field of socio-economic rights. Because socioeconomicrights are linked to financial resources, corporations can make a significant contribution to securingthem in case of state fragility.The author analyzes international documents, compares national legal systems, as well as othersources (decisions of treaty bodies on human rights), and he concludes that corporate obligationsgain their legitimacy due to the horizontal application of national and international human rights law.It is noted that the UN Guiding Principles on Business and Human Rights, the OECD Guidelines forTransnational Enterprises, the UN Global Compact, the ILO Tripartite Declaration play a significantrole in promoting corporate human rights obligations in the field of socio-economic rights.The author also analyzes the significance of voluntary commitments of both individual corporationsand individual sectors that are generally the part of corporate policy and suggests their questionablelegal nature (lex imperfecta), as they do not provide sanctions for their violation.Analyzing the features of corporate obligations under socio-economic rights, the author takes asa basis the negative and positive dichotomy of human rights, as well as the approach embodied ininternational human rights law on three types of human rights obligations – to respect, protect, ensure.The author concludes that within each of the types of socio-economic rights obligations, corporationshave both preventive (negative and positive) and some corrective (negative and positive) obligations,especially where they control and/or or influence or in proximity of their operations.

THE PROHIBITION OF TORTURE, CRUEL OR DEGRADING TREATMENT OR PUNISHMENT IN CLOSED INSTITUTIONS

In the paper “The prohibition of torture and other cruel, inhuman or degrading punishment in closed Institutions” the author has examined the obxervasnce of persons’ in detention, custody or imprisonment human rights in the European regional acts and national instruments as well as the provision of health care for detainees and convicted persons alike.All basic human rights’ documents, namely: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the United Nations and the European Convention for the Protection of Human Rights and Fundamental Freedoms state that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, degrading his or her human dignity”. All persons who have been punished, regardless of the crimes for which they were convicted, have the right to humane treatment and respect for their personality. No actions of people, whatever they may be, justify the inhuman treatment of them or the humiliation of their personality.

Compensation for Wrongful Conviction/Miscarriage of Justice in Hong Kong in Light of A v Secretary for Justice and Another [2020] hkcfi 427; hcal 176/2018 (11 March 2020)

Article 14(6) of the International Covenant on Civil and Political Rights (iccpr) provides for the right to compensation for wrongful conviction or miscarriage of justice. In Hong Kong, there are two compensation schemes for people who have been wrongfully convicted – the statutory scheme under Article 11(5) of the Bill of Rights Ordinance and the ex gratia scheme (also applicable to wrongful imprisonment). Although there are cases in which Hong Kong courts have dealt with the right to compensation under the ex gratia scheme, it was only in March 2020, in A v Secretary for Justice and Another, that the High Court, for the first time, dealt with a case on the right to compensation under Article 11(5). In this article, the author discusses the right to compensation for wrongful conviction in Hong Kong generally and in particular under Article 11(5) of the Bill of Rights Ordinance. The author deals with the case of A v Secretary for Justice and Another and illustrates how the High Court’s interpretation of Article 11(5) of the Bill of Rights Ordinance is likely to impact on the right to compensation for wrongful conviction in Hong Kong in the future.

“The Pandemic is Galvanizing Change”: Anti-Racism in Human Rights Education With Youth

This article discusses how the heightened visibility of racial discrimination coupled with the repression of young people’s civil and political rights during the COVID-19 pandemic is surfacing the need for human rights education (HRE) to evolve to address anti-racism more intentionally. With youth’s amplified awareness of racism and their call for change, HRE practitioners reflect on the use of language, the limitations of “celebrating diversity” and the ways spaces are held for youth engagement as a means of building inclusion given the lived injustices across communities. As children’s rights researchers and practitioners, we consider how our focus on age has resulted in the inadvertent neglect of the interdependence of the rights to participation and to non-discrimination. Shifting to a more critical HRE includes embracing intersectionality and reflexivity, actively bringing BIPOC youth to the centre of sharing and informing, and cultivating youth engagement on racial justice to catalyze systemic-level change.

Accountability of Law Enforcement Personnel for Human Rights Violations in Cameroon: Trends and Challenges

Law enforcement personnel are critically important in both the security and criminal justice sectors. Unlike ordinary citizens, they possess the broad powers needed to perform the tasks in these sectors: for example, they possess the power to arrest and detain; to search premises and seize items; to interrogate individuals; to stop assemblies; to check and even to restrict the movements of people during certain times; and to use force and firearms in specific circumstances. In exercising such powers, they are required to act independently and judiciously. Also, they must stay within the remit of the law. Such powers, however, render them prone to committing human rights abuses since by their very nature, they interfere with the civil and political rights of individuals. In instances of violations they are expected to be held accountable. Accountability for law enforcement for human rights violations evokes and entails the notions of lawfulness and legitimacy. As legitimacy touches on the public perception of law enforcement personnel, it becomes vital to explore what mechanisms are put in place to ensure accountability as well as possible challenges that hamper it. Examining the notion of the accountability of law enforcement personnel in the context of Cameroon, this paper argues that selective accountability has been the trend which puts the country at quite a distance from its international human rights obligations. Informed by empirical evidence from credible governmental bodies, the paper identifies and assesses the legal framework on accountability, touching on a few instances of selective accountability, and argues that if lawfulness and legitimacy are to be the cornerstones of accountability, then a comprehensive approach must be considered, including the de-politicisation of law enforcement units in Cameroon.

Misogyny: Are Personal Laws Androcentric?

The age-old prejudice of misogyny is still retained in insidious form even in legislations. There are numerous international conventions, as well as Constitutional provisions which claim to set man and woman on an equal plane. In India, one legislative sphere which prima facie appears to perpetuate the gender divide are the personal laws. In India, except for the State of Goa, personal matters are determined on the basis of religion. Different religions follow different laws, but what is common to them all, is the secondary position accorded to women. This paper discusses the international provisions dealing with equal human rights such as, Charter of the United Nations, 1945, The Universal Declaration of Human Rights,1948, International Covenant on Civil and Political Rights, 1966, International Covenant on Economic, Social and Cultural Rights, 1966 and The Convention on the Elimination of All Forms of Discrimination against Women. The paper elaborates on the Constitutional provisions providing for equality as well investigates whether the personal law provisions applicable to the Hindu, Muslim, and Christian women dealing with marriage, divorce, guardianship, and inheritance are discriminatory and misogynistic in nature. The paper studies the laws from date of enactment till the present day. The method of study is doctrinal. As a road map or suggestion, the analogous provisions of the Uniform Civil Code in Goa are highlighted. Judicial precedents are cited, suggestions are put forward.

Extraterritorial application of the right to life on the high sea . Commentary to the Views adopted by the Human Rights Committee of 27 January 2021, A.S., D.I., O.I. and G.D. against Italy, Communication No. 3042/2017

The subject matter of this commentary, which instigates the Views of the Human Rights Committee of 27 January 2021, is the protection of one of the fundamental human rights – the right to life. The Committee, as an authority appointed to oversee compliance with the International Covenant on Civil and Political Rights, had to decide on the issue of Italy’s responsibility for failing to provide assistance to a boat in distress, even if the area in which the vessel was located was not within the territory of this state and other acts of international law attribute the responsibility for executing the rescue operation to a third country. According to the Committee’s views, which applied extraterritorial approach to the protection of the right to life, whenever states have the opportunity to take action for the protection of human rights they should do everything possible in a given situation to help people in need.