Academic literature on the topic 'Human rights Political aspects Indonesia'
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Journal articles on the topic "Human rights Political aspects Indonesia"
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Musa, Muhammad Rafhael Purnawan, Asep Berlian Lesmana, Restha Nourmalifa Arthamevia, Prisna Adi Pratama, and Niken Savitri. "Human Rights and Pancasila: A Case of Tionghoa Ethnic Discrimination in Indonesia." Indonesian Journal of Pancasila and Global Constitutionalism 1, no. 1 (January 31, 2022): 119–70. http://dx.doi.org/10.15294/ijpgc.v1i1.56879.
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Pancasila and Human Rights are a concrete form of implementing the constitution and protecting citizens in accordance with the goals of the nation as stated in the Preamble to the 4th paragraph of the 1945 Constitution of the Republic of Indonesia. In its implementation, Pancasila and Human Rights guarantee equality of all levels and groups of society in service and participation as citizens. The process of entering Chinese ethnicity into the civilization of Indonesian society certainly cannot be separated from various aspects, including history. Ethnic Chinese migrated to Indonesia through trade routes and gave birth to cultural acculturation. Over time, the influence of the presence of ethnic Chinese in Indonesia experienced upheavals, resulting in various discriminatory practices against them. The existence of discriminatory practices that occur shows that between the indigenous people and the Chinese there are gaps and various problems. Examples of discriminatory cases or practices that occurred include Riots during the reform era, restrictions on participation and political rights, expulsions, rapes, and others that are still happening today. In this case, the indigenous people feel competitive economically and in other aspects.
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Kurniawan, I. Gede Agus. "The Reconstruction of Subjectum Litis in Term of Reflections on Constitutional Dissolution of Political Parties." Jurnal Akta 9, no. 1 (April 26, 2022): 104. http://dx.doi.org/10.30659/akta.v9i1.20970.
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This legal research aims to examine the awarding of political parties currently in force in Indonesia through the Constitutional Court and provide a conclusive elaboration on the comparison of the dissolution of political parties in Indonesia with Germany and Slovenia. The respect for all aspects of human rights has become the obligation of every people in citizen, including respect for the political rights of citizens. In addition, citizens have the right to participate in the dynamics of government, including the possibility of the public applying for the dissolution of political parties. This legal research statute approach, comparative approach, and conceptual approach to legislation were based on primary legal materials, secondary legal materials, and non-legal materials. The study results stated that the Subjectum Litis to the dissolution of political parties was only carried out by executive relations alone; so the public cannot apply for dissolution of political parties. Thus, this may indicate that arbitrariness also reflects the existence of particular political interests that dominate the executive's domination and try to intervene in the juridical aspect. Therefore, the researcher provides recommendations for reconstructing political subjects through various schemes; who can expand the applicant in the process of political dissolution, the applicant in the dissolution of a political party is only extended to all Indonesian people not for their official or position, and the applicant for political dissolution is carried out by the legislative and executive institutions as is practiced in Germany and Slovenia.
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Syahrin, M. Alvi, and Surya Pranata. "CRITICAL STUDIES OF INDONESIA’S INTEREST IN RATIFICATION PROCESS OF THE 1951 CONVENTION AND 1967 PROTOCOL." Jurnal Ilmiah Kajian Keimigrasian 1, no. 1 (April 27, 2018): 49–62. http://dx.doi.org/10.52617/jikk.v1i1.12.
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The increasing number of refugees each year has caused the government difficulties in handling refugee issues. The absence of law concerning refugees in Indonesia has caused weak coordination between related institutions in field. In this paper will discuss what the urgency, relevance, and obstacles faced by Indonesia in the process of ratification of the 1951 Convention and 1967 Protocol. The research method used in this paper is qualitative normative legal research method with deductive logical thingking. The urgency to ratify this Convention can strengthen the human rights institutions in the country, although this is not the only indicator for good human rights implementation. It is because some human rights norms are in fact also regulated in domestic legislation in the current reform era this. Indonesia can not exclude the existence of the International Convention on Human Rights. Even it is necessary to bring the domestic and international factors closer. The relevance to ratify this Convention will enhance the international accountability of a country through a more objective and civilized way. Meanwhile, in terms of legal technical considerations, the ratification will strengthen and enrich the national legal instruments so that it will better ensure the progress and protection of human rights better. Ratification can even be a shortcut to bring closer the existing gap between legal instruments at the international and national levels. Obstacles faced are categorized into two aspects, namely the security and legal aspects. The security aspect caused by refugees is often seen as a threat to the state. While the legal aspects of the law are caused by the absence of comprehensive rules in regulating the refugees and asylum seekers in positive law in Indonesia that can weaken the coordination between agencies in the field. As a law-based country that highly appreciate human rights, ratification of The 1951 Refugee Convention and 1967 Protocol must be a priority. Both instruments are relevant, since the substance are not only heavily loaded with regulation about human rights but also in line with cultural values and norms in Indonesia. As such, the process of ratification needs to consider the country readiness, in terms of technical, political and legal aspects, since those aspects are sometimes challenging. On this matter, ratification is expected to narrow the gap between national and international instruments of law.
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Buana, Mirza Satria. "A Realistic Perspective to Transitional Justice." Journal of Southeast Asian Human Rights 4, no. 2 (December 7, 2020): 406. http://dx.doi.org/10.19184/jseahr.v4i2.8395.
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Indonesia is one of the most democratized countries in Asia. There have been some improvements both in political and legal aspects; the most powerful legal reform was the amendments of the 1945 Constitution. In the context of civil and political rights, Indonesian people have exercised their constitutional rights to select political leaders, rotate elites and to enjoy greater civil liberty, even though there are still many rooms for improvements. One of the most vital hurdles is the failure of the reformed governments to settle gross-violation of human rights cases happened in the past. Suharto’s authoritarian regime had exercised repressive actions toward oppositions and civil society movements, including universities’ students, activists and minorities. The ad hoc Court of Human Rights had failed to reveal the truth for some prominent cases, let alone providing remedy and reconciliation. It was highly believed that the trials were conducted only as safeguards to prevent international intervention on Indonesia’s past unlawful violations.
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Widiarty, Wiwik Sri. "PERLINDUNGAN HUKUM PERSAMAAN HAK ASASI PEREMPUAN DALAM MENINGKATKAN PEREKONOMIAN INDONESIA." to-ra 3, no. 3 (January 11, 2018): 639. http://dx.doi.org/10.33541/tora.v3i3.1162.
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The struggle of women in achieving equality and justice has been carried out long ago, whether in the economic, social, cultural, and political aspects, in fact it has not been able to raise the dignity of women to be equal to men. Various laws and regulations governing women's rights include those implied in the Convention on Elimination of All Forms Discrimination Againts Women (CEDAW), namely the rights possessed by a woman, both because she is a human being and as a woman. Even though CEDAW has been rati ed, there are still discriminatory regulations, such as the Investment Law, Marriage Law, the Law on Placement and Protection of Overseas Workers, the Citizenship Act, and other Regional Regulations. Therefore, legal protection of women's human rights is very important, for women whose rights have been violated, especially since there are many cases of female labor violence working to help improve the family economy abroad.
Keywords: legal protection; women's human rights; female labor violence .
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Pratama, Andhika Yudha. "Politik Hukum Pengadilan HAM Ad Hoc sebagai Upaya Penyelesaian Pelanggaran HAM Berat Masa Lalu di Indonesia." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 7, no. 2 (July 15, 2022): 368. http://dx.doi.org/10.17977/um019v7i2p367-374.
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This study aimed to analyze gross human rights violations in Indonesia, the implementation of Law Number 26 of 2000 concerning the Ad Hoc Human Rights Court, and the challenges of ad hoc human rights courts in resolving gross human rights violations in Indonesia. This study applied normative and empirical legal research with a case study approach. The researcher collected data from primary and secondary data resources. Data collection techniques were carried out by reviewing, studying, and categorizing. The analysis procedure started with data inspection techniques, data marking, and drawing conclusions. The study results showed that the provision of gross human rights violations in Indonesia was adopted from the Rome Statute. However, the implementation of Law Number 26 of 2000 concerning the Ad Hoc Human Rights Court was still limited to the judicial process of the cases of Timor-Timur and Tanjung Priok. The challenges of ad hoc human rights courts include the less than optimal role of Law Number 26 of 2006, legal aspects of the legislation that were not accompanied by procedural law procedures, law enforcement officers who did not work optimally, as well as political, social, and cultural factors that weaken law enforcement at the national level.
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Nurmawati, Made, and I. Nengah Suantra. "The Arrangement of Dual Citizenship of the Indonesian Diaspora: A Legal and Human Rights Perspective." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 9, no. 3 (September 29, 2020): 495. http://dx.doi.org/10.24843/jmhu.2020.v09.i03.p03.
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Globalization has implications for the Indonesian diaspora in various parts of the world. Indonesian diaspora groups are aggressively fighting for their citizenship status in order to have dual citizenship. Law No. 12 of 2006 concerning Citizenship of the Republic of Indonesia has not regulated dual citizenship status for the Indonesian diaspora. The purpose of the study is to identify and analyze the dual citizenship position of the Indonesian diaspora in the Indonesian Citizenship Law. The research method used is normative legal research. The study suggested that citizenship status is very important because it relates to issues of rights and obligations. The bipartite status provides the protection and identity of the two countries. However, it is not the time to grant unlimited dual citizenship status because first, it needs an in-depth study of the implications of social, economic, cultural, political, security, and legal aspects as well as changes to the relevant related laws and regulations.
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Nasution, Nasution. "Proposing Indonesia History Teaching that Transcends Political Ideologies." Indonesian Historical Studies 6, no. 1 (June 4, 2022): 34–44. http://dx.doi.org/10.14710/ihis.v6i1.13571.
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The teaching of Indonesian history, in many cases in school, remains dominated by history of politics and political indoctrination, underscoring the need for critical and holistic learning. This paper aims to analyze the Indonesian National History textbooks used in schools, and to examine the possibility of teaching Indonesian history that goes beyond political indoctrination and is holistic. The method used in this paper is the analysis of an Indonesian National History textbooks that have been used as the main textbook for the history subject in schools. The teaching of Indonesian history in schools is still dominated by a single version of historical events. The narratives of Indonesian history lessons often ignore different perspectives, or other aspects of historical events that are of interest. Indonesian history does not only belong to the winners. A holistic approach to the teaching of history is expected to help enrich students' knowledge of past events and provide a clearer picture of the history of a multicultural society. For example, a discussion of the Benteng economic policy should not only revolve around the points of view of one ethnic group and ignore the suffering of others. In other cases, discussions on the PKI revolt often neglect human rights aspects, et cetera. Not only should students gain knowledge about past events based on the dominant interpretations, but are also exposed to the narratives of marginalized people. Not only that, history lessons should also cover aspects that include arts, literature, painting, music and other cultural products. In the end, a holistic approach enriches students’ understanding of a historical event, foster a positive attitude and inspire them to learn about stories that have been under-heard or deliberately marginalized.
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Siagian, Muhnizar, and Monika Sri Yuliarti. "Papua’s Internet Ban 2020: Politics, Information Democracy, and Digital Literacy." Jurnal Komunikasi: Malaysian Journal of Communication 37, no. 3 (September 30, 2021): 304–16. http://dx.doi.org/10.17576/jkmjc-2021-3703-18.
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Internet ban in the middle of 2019 in Papua after the outbreaks of demonstrations and riots in Papua and West Papua, still leaves various speculations and question marks. The court ruling which had won the lawsuit of the Press Freedom Defender Team against the President and the Minister of Communication and Information of Indonesia also seemed to pass by without any significant follow up. Many studies on this phenomenon in terms of law and human rights have been carried out. However, several other aspects that are also interesting and useful have not been much elaborated. This paper explores this phenomenon based on political aspects, information democracy, and digital literacy that is closely related to communication. This is a literature review that employs document study data collection techniques and interactive data analysis. From the analysis it can be found that the Papua’s internet ban relates to the effort by the Indonesian government to domesticate Papua issue in the context of politics. In terms of information democracy, there is a violation in citizen rights that intend to internationalize the issue. Finally, in the context of digital literacy, there is a need to collaborate in order to improve digital literacy skills among Papuan. The implication of this study is the richer perspective in viewing a controversial phenomenon and involves the wider community, considering that this phenomenon is very likely to still occur in Indonesia in the future. Keywords: Internet ban, Papua, information democracy, digital literacy, political aspect.
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Rideng, I. Wayan, I. Ketut Kasta Arya Wijaya, and Hartini Saripan. "Dimensions of Water Resources Regulation in Philosophy of Justice and Human Rights Perspective." Journal of Indonesian Legal Studies 7, no. 1 (June 10, 2022): 31–56. http://dx.doi.org/10.15294/jils.v7i1.53820.
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Management of water resources is closely related to the availability of access to clean water for the community and has direct implications for social justice and the fulfillment of basic human rights. However, various arrangements in the management of water resources in Indonesia are considered not in favor of the concept of justice and are more directed towards commercialization and capitalization. This research is intended to examine, analyze, and criticize laws and regulations related to water resources. By consdiering several multidisciplinary aspects in the laws and regulations in the field of water resources, including aspects of justice and human rights, this research also analyzes from the philosophical, legal, and sociological aspects. This research found and emphasize that the concept of Pancasila can be a legal political basis for the state's right to control water resources to be directed so that the management of water resources does not oppress those who are socially and economically weak, or the poor. The availability of water is constant, while the demand for water is increasing in quantity and quality, then what will happen is scarcity. At this stage of water scarcity, the principle of justice becomes very important in water management. Access to water justice is not individual or micro justice, but social or macro justice. Justice to get water as a human right cannot be left to everyone based on a market mechanism, but government intervention to ensure the fulfillment of the right to water, at least is very much needed.
Dissertations / Theses on the topic "Human rights Political aspects Indonesia"
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Hussey, Stephen Henry. "Challenging the orthodox view of human rights." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:d509684a-dfcc-4ff6-8f9f-1f2cd22e1667.
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The concept of human rights holds a distinctive significance in political practice, yet philosophers remain divided over the nature of these rights. The Orthodox View defines human rights as moral rights possessed by all individuals simply in virtue of their humanity. Proponents of this view claim that the contemporary idea of human rights is a continuation of the natural rights project of the eighteenth century and shares many of its basic philosophical assumptions. This thesis argues that the Orthodox View is no longer an appropriate characterisation of the concept of human rights we find in current domestic and international practice. It also rejects recent alternatives offered by supporters of the Political View, who define human rights by particular functions they serve, specifically their role(s) in acting as benchmarks for the legitimacy of states or triggers of international concern. I propose instead a new 'Political Justification View' of human rights, which states that human rights are demands which challenge unjustifiable political-institutional orders, which are the concern of all people, and which protect the equal standing of individuals in political decisions that affect the collective or individual good. This view better captures the diversity of practices that employ the term 'human rights', whilst also explaining its innovative power as a moral language that enables individuals to challenge the official institutional order under whose authority they live. Finally, I argue that within this broader view of human rights there are two distinct moral concepts which pertain to different parts of human rights practice: Domestic Human Rights and International Legitimacy Rights. Separating these two concepts is helpful in resolving long-standing debates about whether human rights are properly thought of as minimalist moral concerns of legitimacy or broader social goals to be achieved through political institutions.
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Capriati, Marinella. "Human rights, interests and duties." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:068aeab6-ae43-423b-873a-a441b910269a.
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This dissertation focuses on the concept of human rights, and in particular on how we should understand the interests protected by human rights and human rights' correlative duties. The work consists of three papers. Human rights and interests In the first paper I consider which conditions interests have to satisfy in order to be protected by human rights. I call these the Interest Conditions. I argue that we need to distinguish between two kinds of Interest Conditions: qualitative and quantitative ones. This means that we need to consider both which type of interests, and how much of these interests, human rights protect. I then consider the content of these conditions. Political accounts and fidelity to human rights practice In recent years, considerable attention has been received by so called "political accounts" of the analysis of human rights. According to these theories, one of the distinctive features of human rights is that they play a certain political function. In particular, a large number of political accounts hold that human rights have political correlative duties. I call this thesis 'Political Duties'. Political Duties has been defended on the grounds of the desideratum of fidelity, according to which the analysis of human rights ought to be faithful to human rights practice. I consider two ways of interpreting this desideratum and the corresponding versions of the argument in support of Political Duties. I argue that neither version successfully supports the thesis. The universal scope of positive duties correlative to human rights In the third paper I focus on duties correlative to human rights. We can distinguish between two different kinds of duties: negative and positive ones. Negative duties are duties not to perform an action, while positive duties are duties to perform an action. I focus on the latter and, in particular, I concentrate on the question of their scope - that is, on understanding who holds them. I defend a refinement of the thesis that all individuals hold positive duties correlative to human rights, which I call the Universal Scope Thesis.
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Kohno, Takeshi. "Emergence of human rights activities in authoritarian Indonesia : the rise of civil society /." The Ohio State University, 2003. http://bibpurl.oclc.org/web/21105.
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Guerini, Elena. "Animal Rights and Human Responsibilities: Towards a Relational Capabilities Approach in Animal Ethics." Thesis, University of North Texas, 2018. https://digital.library.unt.edu/ark:/67531/metadc1157548/.
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In this thesis, I analyze some of the most important contributions concerning the inclusion of animals in the moral and political sphere. Moving from these positions, I suggest that a meaningful consideration of animals' sentience demands a profound, radical political theory which considers animals as moral patients endowed with specific capabilities whose actualization needs to be allowed and/or promoted. Such theory would take human-animal different types of relationships into account to decide what kind of ethical and political responsibilities humans have towards animals. It would be also based on the assumption that animals' sentience is the necessary and sufficient feature for assigning moral status. I start from the consideration that in the history of political philosophy, most theorists have excluded animals from the realm of justice. I then propose an examination of utilitarianism, capabilities approach, and relational-based theories of animal rights (in particular the works by Kymlicka and Donaldson, and Clare Palmer) and borrow essential elements from each of these approaches to build my theory. I claim that a political theory which attaches high importance to individual capabilities, as well as to the various types of relationships we have with animals, is the most appropriate to tackle the puzzle of human responsibilities to animals.
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Noer, Kristin. "Donor response to human rights violations : a regime in foreign aid?" Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=24099.
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Using regime theory, we consider in this thesis whether there is evidence of the gradual establishment of norms, principles, rules and regulations governing donor policies with regards to linking foreign aid to human rights practices. We hypothesize that, despite the constraints caused by the multiplicity of foreign policy objectives for any given donor, there is evidence of a developing human rights regime in the foreign aid policies and practices of donors of aid. Using a historical approach, we study the aid policies and practices of two international organizations (the United Nations and the Organization for Economic Co-operation and Development) and two aid donors (Norway and the United States). We investigate the donors' policy statements, monitoring mechanisms, policy implementation and changes in donor behavior for evidence of the presence of a regime. Our findings suggest regime development occurring over three distinct periods of time (1945-50; 1973-83; 1989-94), with the resulting regime operating at three distinct levels with varying degrees of efficiency and effectiveness.
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Stockmann, Petra. "Change and continuity in post-Suharto Indonesia : an analysis of key legislation relating to the political system and human rights." HKBU Institutional Repository, 2003. http://repository.hkbu.edu.hk/etd_ra/434.
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Penninga, Mark, and University of Lethbridge Faculty of Arts and Science. "A Judeo-Christian account of human dignity in Canadian law and public policy." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Arts and Science, 2008, 2008. http://hdl.handle.net/10133/671.
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Understanding human dignity is integral to protecting human rights. An examination
of Canada‘s Supreme Court decisions and Canadian public policy debates reveals that human
dignity is being defined synonymously with individual autonomy and equality. This narrow
understanding has serious implications for people who are not able to assert their autonomy.
To understand the philosophical ideas behind these decisions, this thesis examines classical,
modern, and postmodern accounts of human dignity and concludes that they fall short in
providing an objective grounding for dignity that is truly human. It then looks to the Judeo-
Christian account of human dignity to provide a transcendent foundation for human dignity.
With this account, persons are rational and physical, relational, inviolable, and teleological –
a hopeful contrast to the prevailing contemporary accounts. This thesis then defends the place
of this religious perspective in our secular country.vi, 182 leaves : ill. ; 29 cm.
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Hisada, Toru. "Indigenous development and self-determination in West Papua : socio-political and economic impacts of mining upon the Amungme and Kamoro communities of West Papua /." Saarbrücken, Germany : VDM Verlag Dr. Müller, 2008. http://firstsearch.oclc.org/WebZ/DCARead?standardNoType=1&standardNo=9783639031560:srcdbname=worldcat:fromExternal=true&sessionid=0.
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Moses, Misty. "Who Benefits? The Effects of Foreign Aid and Foreign Direct Investment on Human Rights." Thesis, University of North Texas, 2007. https://digital.library.unt.edu/ark:/67531/metadc3637/.
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The global emphasis on human rights has generated a surge of studies into what causes regimes to abuse the basic rights of their citizens. Causes of abuse can be internal or external in nature, based on economics, politics or cultures. This study examines the effects of foreign aid and foreign direct investment on three types of human rights: personal integrity, civil and political, and subsistence. I perform ordinary least squares regression analyses with panel-corrected standard errors on a pooled cross-sectional time series design incorporating 127 countries from 1976 to 1996. While my results are not significant, it is important to observe that there is a tendency toward negative relationships for the majority of the analyses.
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Walker, Scott. "Does Cultural Heterogeneity Lead to Lower Levels of Regime Respect for Basic Human Rights?" Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3303/.
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This dissertation is a cross-national investigation of the relationship between cultural heterogeneity and regimes' respect for basic human rights. The quantitative human rights literature has not yet addressed the question of whether high levels of cultural diversity are beneficial or harmful. My research addresses this gap. I address the debate between those who argue that diversity is negatively related to basic human rights protection and those who argue it is likely to improve respect for these rights. Ultimately, I propose that regimes in diverse countries will be less likely to provide an adequate level of subsistence (otherwise known as basic human needs) and security rights (also known as integrity of the person rights) to their citizens than regimes in more homogeneous countries. Using a data set of 106 non-OECD countries for the years 1983 and 1993, I employ bivariate, linear multivariate regression, and causal modeling techniques to test whether higher levels of ethnolinguistic and religious diversity are associated with less regime respect for subsistence and security rights. The analysis reveals that higher levels of cultural diversity do appear to lead to lower respect for subsistence rights. However, counter to the hypothesized relationship, high levels of diversity appear to be compatible with high levels of respect for security rights.
Books on the topic "Human rights Political aspects Indonesia"
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Warren, Carol. Centre and periphery in Indonesia: Environment, politics and human rights in the regional press (Bali). [Canberra]: National Library of Australia, 1994.
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USA, Amnesty International. Indonesia: Continuing human rights violations in Irian Jaya. New York: Amnesty International Publications, 1991.
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Goodale, Mark. Human rights reconsidered. Oxford [UK]: Oxford University Press, 2012.
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Human rights reconsidered. Oxford [UK]: Oxford University Press, 2012.
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Skutnabb-Kangas, Tove. Wanted! linguistic human rights. [Roskilde]: Roskilde universitetscenter, 1989.
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Corrêa, S. Sexuality, health and human rights. New York, NY: Routledge, 2008.
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Reconciling privatization with human rights. Cambridge, [U.K.]: Intersentia, 2012.
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Development and the politics of human rights. Boca Raton: Taylor & Francis, a CRC title, part of the Taylor & Francis imprint, a member of the Taylor & Francis Group, the academic division of T&F Informa plc, 2015.
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Human rights as social construction. Cambridge: Cambridge University Press, 2011.
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Komisi Untuk Orang Hilang dan Tindak Kekerasan (Indonesia), ed. Indonesia derailed: Transitional justice in Indonesia since the fall of Soeharto : a joint report. Jakarta, Indonesia: International Center for Transitional Justice, 2011.
Find full textBook chapters on the topic "Human rights Political aspects Indonesia"
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Fraser, Alastair I. "Social, Economic and Political Aspects of Forest Clearance and Land-Use Planning in Indonesia." In Human Activities and the Tropical Rainforest, 133–50. Dordrecht: Springer Netherlands, 1998. http://dx.doi.org/10.1007/978-94-017-1800-4_7.
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Evola, Marco, Julia Jungfleisch, and Tanasije Marinković. "Human Rights Law Through the Lens of the Gender Perspective." In Gender-Competent Legal Education, 217–60. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-14360-1_7.
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AbstractThis chapter will provide an overview on several aspects of the gender perspective in Human Rights Law. The chapter will therefore look at the civil and political rights from a gender perspective, as well as social, economic and cultural rights of women, non-binary and LGBTIQA+ persons. The aim is to increase the students’ awareness for the gender perspective in international human rights protection, by providing an overview of currently discussed issues in this area. Such issues include the prohibition of gender-based violence, contemporary forms of slavery and trafficking in persons, the freedom of religion, the right to private life, access to justice for women, women’s (political) empowerment, the prohibition of economic and social discrimination, and women’s right to education.
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Jerabek, Marketa. "Democracy and Human Rights in the Context of the Belt and Road Initiative." In Securitization and Democracy in Eurasia, 345–59. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-16659-4_24.
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AbstractThis chapter focuses on the political impact of the Belt and Road Initiative, in particular on different aspects of democracy, such as freedom, equality, and accountability, as well as on human rights. The effect of the BRI is analysed using data from the years before and after the inception of the BRI, from 2005 to 2019, applying a difference-in-differences approach, one of the most frequently used methods in impact evaluation studies. The results support the hypothesis that those countries involved in BRI projects are prone to the diminishment of certain democratic freedoms and labour rights.
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Danisi, Carmelo, Moira Dustin, Nuno Ferreira, and Nina Held. "A Theoretical Framework: A Human Rights Reading of SOGI Asylum Based on Feminist and Queer Studies." In IMISCOE Research Series, 51–93. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69441-8_3.
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AbstractSince SOGI considerations have started to inform the interpretation and the implementation of the Refugee Convention (Chap. 10.1007/978-3-030-69441-8_1), a broad range of scholars from different disciplines have explored how questions of sexual orientation and gender identity can be effectively addressed within international, supranational and domestic asylum systems. The debate around aspects of RSD and beyond generated by this theoretical exchange within the same discipline and between different research areas has contributed to the (ongoing) normative movement towards a more inclusive Refugee Convention framework. In an attempt to nurture this continuous debate, we outline the theoretical and analytical frameworks that shape the subsequent analysis. We take advantage of the authors’ diverse experience in different academic fields to apply an interdisciplinary approach, addressing our subject from various perspectives. We start from the recognition that a detailed understanding and application of the Refugee Convention is vital as the floor for addressing SOGI asylum claims, but not in itself sufficient to ensure that these are fairly treated. Section 3.2 therefore looks to human rights to show how interweaving human rights frameworks with refugee law heightens understanding in this field of asylum. To this end, the main body of this chapter develops an approach that addresses the failings from a SOGI asylum perspective of international human rights law (IHRL) and international refugee law (IRL) individually. However, we then argue that, without explicitly recognising the gendered and sexualised nature of SOGI asylum, IHRL is only part of the solution. In Sects. 3.3 and 3.4 below, we claim that feminist and queer theories, and particular threads of debate within these broad disciplines, can help to understand the experiences of SOGI minorities fleeing persecution and, importantly, to explain why, despite improvements to the law and guidance that recognise the right to protection on this basis, there has been insufficient progress on the ground. In this way, combining a human rights-based approach that is largely legal with political and sociological contributions from feminism and queer theories facilitates a more holistic analysis.
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Fealy, Greg. "Reformasi and the Decline of Liberal Islam." In Activists in Transition, 117–34. Cornell University Press, 2019. http://dx.doi.org/10.7591/cornell/9781501742477.003.0007.
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This chapter explains how liberal Muslim intellectuals and activists have drawn on religious teachings to popularize and validate political reform and human rights agendas from the late 1980s. This prepared the way for Indonesia's majority Islamic community to embrace democracy as an alternative to authoritarianism. The wealth of progressive Islamic thought and action that marked those decades, has, however, fallen victim to the illiberal aspects of reformasi. One of the paradoxes of democratization is that the progressive Islamic movement quickly became a casualty of the increasing dominance of conservative Islamic forces. The chapter concludes that while liberal Islam flourished in New Order Indonesia because it had the support of the regime, it was unable to leverage that success in the face of broader religiocultural and political changes from the early 2000s, which have been driven by, and favored, conservative Islamist forces.
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Donnelly, J. "Human Rights: Political Aspects." In International Encyclopedia of the Social & Behavioral Sciences, 7025–27. Elsevier, 2001. http://dx.doi.org/10.1016/b0-08-043076-7/01264-x.
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Robinson, Geoffrey B. "Release, Restrict, Discipline, and Punish." In The Killing Season, 237–63. Princeton University Press, 2019. http://dx.doi.org/10.23943/princeton/9780691196497.003.0009.
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This chapter argues that the decision to release most political detainees was the result of a major international campaign undertaken by human rights organizations in the mid-1970s. That campaign succeeded in large part because it coincided with significant changes in global norms and attitudes pertaining to human rights as well as the position of the U.S. government, and came at a time when Indonesia was vulnerable to outside economic pressures. The chapter makes clear, however, that there was powerful resistance to the idea of releasing these prisoners—and an insistence on the continued need to protect the body politic from the “latent danger of Communism”—particularly on the part of the army leadership. As a consequence, even after prisoners were released, they and their families continued to suffer egregious restrictions, formal and informal, on every aspect of their lives. The formal restrictions continued until the end of the New Order in 1998, but the deep social and psychological legacies have lasted much longer. Finally, the chapter makes the case that the onerous restrictions on released prisoners were part of a more general obsession on the part of the New Order regime with creating and maintaining order, discipline, and stability.
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"Social Movements, Constitutionalism, and Human Rights." In Legal Evolution and Political Authority in Indonesia, 321–36. Brill | Nijhoff, 2000. http://dx.doi.org/10.1163/9789004478701_015.
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Alkhouja, Mohamad. "Social Media for Political Change." In Advances in Human and Social Aspects of Technology, 26–36. IGI Global, 2014. http://dx.doi.org/10.4018/978-1-4666-6066-3.ch002.
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This chapter discusses the role of social media in the uprisings of the Arab world. It argues that the seemingly democratizing impact of online activism is not due to the inherent nature of social media as a tool for democracy but rather an outcome of the equilibrium of forces that shaped the use of social media platforms by all three main players. Activists, governments, and social media firms formed a triangle of powers that influenced the use of social media during the Arab movements. In a different context, the outcome of such power balance can arguably inhibit citizens' rights and empower governments. To this end, the chapter first explores the use of social media platforms from the perspective of activists, governments, and social media firms, then presents a framework to understand the impact of all three in shaping the use of social media during the uprisings. The chapter then concludes that the projections of the role of social media on other movements in the world must not be made without understanding the underlying complexities and dynamics of these movements.
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"Racial Prejudice and Incitement to Hatred Against Jews in the USSR: Legal and Political Aspects." In Israel Yearbook on Human Rights, Volume 22 (1992), 169–91. Brill | Nijhoff, 1992. http://dx.doi.org/10.1163/9789004423060_011.
Full textConference papers on the topic "Human rights Political aspects Indonesia"
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Ibnu Syarif, Mujar. "Political Discrimination against Non-Muslims in Contemporary Indonesia." In 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iclj-17.2018.16.
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Ismira, Andi. "Global Indigeneous People Political Movement in National Context of Indonesia: A Nationalism and Human Rights Approach." In Unhas International Conference on Social and Political Science (UICoSP 2017). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/uicosp-17.2017.33.
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Nasution, Nazaruddin. "Human Rights Violations In Southeast Asia : The case of Khmer Rouge of 1975-1979 (Cambodia) and The case of East Timor of 1999 (Indonesia)." In Third International Conference on Social and Political Sciences (ICSPS 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/icsps-17.2018.9.
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Makrevska Disoska, Elena, and Katerina Shapkova Kocevska. "THE IMPACT OF HUMAN FREEDOMS ON ECONOMIC GROWTH." In Economic and Business Trends Shaping the Future. Ss Cyril and Methodius University, Faculty of Economics-Skopje, 2020. http://dx.doi.org/10.47063/ebtsf.2020.0016.
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The impact of formal institutions, including rule of law, human rights, and civil liberties on economic growth has been in the focus of the latest research agenda of the new institutional economics due to the current pandemic of the Corona-19 virus. Some limitations are necessary to be imposed to address a pandemic, but this is a real risk of lasting deterioration in basic human freedoms. Increased surveillance, restrictions on free expression and information, and limits on public participation are becoming increasingly common. The present fear is that the authorities worldwide are using the current situation to repress human rights for political purposes. This paper aims to explore the effect of the overall institutional environment, understood as the concept of human freedom, on economic prosperity in different jurisdictions around the world. Human freedom is a general term for personal, civil, and economic freedom and therefore the interconnection with economic growth can be seen in both directions. In our analysis, we use the Human Freedom Index published by the Fraser Institute as a proxy for human freedom. Here, human freedom is understood as the absence of coercive constraint. The index is calculated based on 79 distinct indicators representing different aspects of personal and economic freedom. This analysis seeks to answer several questions. First, we are interested in examining whether there is empirical evidence about the causality between human freedoms and economic growth. Second, we are interested in whether human freedom has a positive impact on growth rates. And third, we are interested in examining the influence of other determinants on economic growth. To test the causality between human freedom and economic growth, we have conducted a Granger causality analysis. The empirical strategy for identification of the possible influence of human freedom to growth rates includes the development of ordinary least squares (OLS) panel regression models for selected economies of the world, or around 174 cross-section units (countries) in the period between 2008 and 2017.
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Arslan, Çetin. "Some Assessments and Evaluations on Current Developments in the Immigration Law." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.00884.
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Immigration has presented itself in every chapter of the history with regards to its social, economic, political and legal aspects. However, with special regards to the global and regional instability which has come into focus and become chronic, it has gained vital importance for almost all developed and developing countries. Mentioned issue has transformed into a specific and extraordinary situation for Turkey which is situated at the intersection of the continents, Asia and Europe. Because Turkey has not only become a transit country for irregular migration but also it has turned into – if we may say so- the focus point of this vicious circle. The legislator who is aware of this situation, has brought upon essential amendments and innovations and also has concluded international, regional and bilateral agreements. We, within the scope and size of our study, shall examine certain issues which we deem important within the context of Foreigners and International Protection Law No. 6458 dated 04.04.2013 within the light of Constitution, European Convention on Human Rights and the jurisprudence of European Court of Human Rights and shall discuss some existing and potential problems in addition to suggestions for solution.
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Pérez Valecillos, Tomás. "La conjunción de actores antagónicos en la gestión comunitaria: asentamientos urbanos precarios." In International Conference Virtual City and Territory. Concepción: Centre de Política de Sòl i Valoracions, 2005. http://dx.doi.org/10.5821/ctv.7389.
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In a more urbanized world, the urban development will depend in great measure on the
administrative capacity of the cities, and on the active participation of their citizens. Therefore,
the participation of the citizens and their human rights are critical aspects on an
adequate city governability since it concentrates its attention in those that are actually excluded,
and on those that do not have access to the social, economic, and political resources
of the city. Because of it, the urban gorvernability aspire the cities to become more
efficient, equivalent, secure and sustainable through participatory decisions, in which
not only Estate and local Governments are involved, but also, the Civil Society (economic
and social actors, communitarian institutions, mass media and technical aid).
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Fekete, Gábor. "VIDEOCONFERENCE HEARINGS AFTER THE TIMES OF PANDEMIC." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18316.
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The sanitary crisis of the Covid-19 pandemic resulted in several changes in the way courts communicate, can be reached and handle cases. The so-called videoconferencing became one of the accepted ways of the hearings. This kind of videoconferencing took place on online videoconference solutions, which differ a lot from the conventional videoconference systems. After the exceptional situation, it remained a question whether the digital revolution of court proceedings had arrived or the use of videoconferencing should remain an exceptional instrument. The application of a videoconference system is the subject of the right to a fair trial, in this regard it has been contested by the European Court of Human Rights in several cases. This case law stated several expectations and reveals many aspects, which have to be applied to the online videoconference solutions. On the other hand, the wider use of legal tech instruments is the subject of the political will. The political support is crystallizing within the EU, whose right to act is limited. The interim measures which were introduced under the emergency law regimes on national level show a number of experiences on how the continuous and legally founded functioning of the justice system can be ensured, for example by the use of online video hearings. The balance between the effectivity and the legality is a crucial question. Upon the above-mentioned sources, the paper introduces the differences of the two methods of videoconferencing. It examines the legal requirements, details the experiences and shows the opportunities of the use of videoconference systems and online videoconference solutions in civil cases. The use of videoconference in civil hearings can be an instrument conforming to procedural right. The general application of videoconference, especially the online solution lowers the threshold to access the justice, accelerates the procedures, ensures social distancing, but requires both legal and technical preparedness.
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Руда, М. Г. "Legal regulation of the use of biological collections as a "pillar" of genetic research." In XXIII Международная научная конференция «Цивилизация знаний: российские реалии» «Цивилизационные задачи современного правоведения: наука, образование, практика» (стратегическая панель). Crossref, 2022. http://dx.doi.org/10.18137/cz22.2022.65.55.001.
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В статье рассматриваются изменения, произошедшие под воздействием механизмов глобализации и интеграции. В первую очередь, это отразилось в изменении вектора эволюции основных тенденций использования материала биологических коллекций как «фундамента» генетических исследований в различных областях науки и практики. К ним относятся, в частности, исследования биологического разнообразия и оценка негативного антропогенного воздействия на окружающую среду. Кроме того, с помощью прогностического, статистического и аксиологического методов сделан ряд важных выводов о возможных последствиях такого воздействия и путях его минимизации. Эти выводы следуют из анализа перечня сопутствующих факторов: социологического, экономического, политического. Более того, изучено влияние данных аспектов на реализацию таких базовых прав человека, как право на получение достоверной информации и право на благоприятную окружающую среду, которые, в свою очередь тесно взаимосвязаны с реализацией государственными органами мероприятий, направленных на повышение качества и уровня жизни населения Российской Федерации. Кроме того, коллекции также рассмотрены как основной источник информации в палеонтологических, археологических, селекционных исследованиях, которые позволяют в долгосрочной перспективе обеспечить биологическую и продовольственную безопасность и эффективное развитие аграрно-промышленного комплекса РФ. Необходимо также отметить стремительно растущий потенциал коллекций биологического материала человека в генетической генеалогии, исследовании ряда заболеваний (например, онкологических), а также механизма генетического редактирования CRISPR CaS-9, так называемых «генетических ножниц». The article deals with the changes that have taken place under the influence of globalization and integration mechanisms. First of all, it is reflected in the change of the vector of evolution of the main trends in the use of biological collections as the "foundation" of genetic research in various fields of science and practice. These include, in particular, studies of biodiversity and assessment of the negative anthropogenic impact on the environment. In addition, using predictive, statistical, and axiological methods, a number of important conclusions about the possible consequences of such impacts and the ways to minimize them are made. These conclusions follow from the analysis of the list of related factors: sociological, economic, political. Moreover, the influence of these aspects on the realization of such basic human rights as the right to reliable information and the right to a favorable environment, which, in turn, are closely interconnected with the implementation by state authorities of measures aimed at improving the quality and standard of living of the population of the Russian Federation, is studied. Besides, the collections are also considered as the main source of information in paleontological, archeological, breeding studies, which allow in the long term to ensure biological and food security and effective development of the agricultural complex of the Russian Federation. It is also necessary to note the rapidly growing potential of collections of human biological material in genetic genealogy, the study of a number of diseases (e.g., cancer), as well as the mechanism of CRISPR CaS-9 genetic editing, the so-called "genetic scissors".
Reports on the topic "Human rights Political aspects Indonesia"
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Lehtimaki, Susanna, Kassim Nishtar, Aisling Reidy, Sara Darehshori, Andrew Painter, and Nina Schwalbe. Independent Review and Investigation Mechanisms to Prevent Future Pandemics: A Proposed Way Forward. United Nations University International Institute for Global Health, May 2021. http://dx.doi.org/10.37941/pb-f/2021/2.
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Based on the proposal by the European Council, more than 25 heads of state and the World Health Organization (WHO) support development of an international treaty on pandemics, that planned to be negotiated under the auspices of WHO, will be presented to the World Health Assembly in May 2021. Given that the treaty alone is not enough to ensure compliance, triggers for a high-level political response is required. To this end, to inform the design of a support system, we explored institutional mechanismsi with a mandate to review compliance with key international agreements in their signatory countries and conduct independent country investigations in a manner that manages sovereign considerations. Based on our review, there is no single global mechanism that could serve as a model in its own right. There is, however, potential to combine aspects of existing mechanisms to support a strong, enforceable treaty. These aspects include: • Periodic review - based on the model of human rights treaties, with independent experts as the authorized monitoring body to ensure the independence. If made obligatory, the review could support compliance with the treaty. • On-site investigations - based on the model by the Committee on Prevention of Torture according to which visits cannot be blocked by state parties. • Non-negotiable design principles - including accountability; independence; transparency and data sharing; speed; emphasis on capabilities; and incentives. • Technical support - WHO can provide countries with technical assistance, tools, monitoring, and assessment to enhance emergency preparedness and response.
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Coelho Resende, Noelle, Renata Weber, Jardel Fischer Loeck, Mathias Vaiano Glens, Carolina Gomes, Priscila Farfan Barroso, Janine Targino, Emerson Elias Merhy, Leandro Dominguez Barretto, and Carly Machado. Working Paper Series: Therapeutic Communities in Brazil. Edited by Taniele Rui and Fiore Mauricio. Drugs, Security and Democracy Program, Social Science Research Council, June 2021. http://dx.doi.org/10.35650/ssrc.2081.d.2021.
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Spread across Brazil and attaining an unparalleled political force, therapeutic communities are as inescapable in the debate on drug policy as they are complex to define. Although they are not a Brazilian creation, they have been operating in that country for decades, and their dissemination intensified in the 1990s. In 2011, they were officially incorporated into Brazil's Psychosocial Care Network (Rede de Atenção Psicossocial, or RAPS). Since then, therapeutic communities have been at the center of public debates about their regulation; about how they should—or even if they should—be a part of the healthcare system; about the level of supervision to which they should be submitted; about their sources of funding, particularly whether or not they should have access to public funding; and, most importantly, about the quality of the services they offer and the many reports of rights violation that have been made public. However, a well-informed public debate can only flourish if the available information is based on sound evidence. The SSRC’s Drugs, Security and Democracy Program is concerned with the policy relevance of the research projects it supports, and the debate around therapeutic communities in Brazil points to a clear need for impartial research that addresses different cross-cutting aspects of this topic in its various dimensions: legal, regulatory, health, and observance of human rights, among others. It is in this context that we publish this working paper series on therapeutic communities in Brazil. The eight articles that compose this series offer a multidisciplinary view of the topic, expanding and deepening the existing literature and offering powerful contributions to a substantive analysis of therapeutic communities as instruments of public policy. Although they can be read separately, it is as a whole that the strength of the eight articles that make up this series becomes more evident. Even though they offer different perspectives, they are complementary works in—and already essential for—delineating and understanding the phenomenon of therapeutic communities in Brazil.
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Lehtimaki, Susanna, Aisling Reidy, Kassim Nishtar, Sara Darehschori, Andrew Painter, and Nina Schwalbe. Independent Review and Investigation Mechanisms to Prevent Future Pandemics: A Proposed Way Forward. United Nations University International Institute for Global Health, April 2021. http://dx.doi.org/10.37941/rr/2021/1.
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The COVID-19 pandemic has created enormous challenges for national economies, livelihoods, and public services, including health systems. In January 2021, the World Health Organization proposed an international treaty on pandemics to strengthen the political commitment towards global pandemic preparedness, control, and response. The plan is to present a draft treaty to the World Health Assembly in May 2021. To inform the design of a support system for this treaty, we explored existing mechanisms for periodic reviews conducted either by peers or an external group as well as mechanisms for in-country investigations, conducted with or without country consent. Based on our review, we summarized key design principles requisite for review and investigation mechanisms and explain how these could be applied to pandemics preparedness, control, and response in global health. While there is no single global mechanism that could serve as a model in its own right, there is potential to combine aspects of existing mechanisms. A Universal Periodic Review design based on the model of human rights treaties with independent experts as the authorized monitoring body, if made obligatory, could support compliance with a new pandemic treaty. In terms of on-site investigations, the model by the Committee on Prevention of Torture could lend itself to treaty monitoring and outbreak investigations on short notice or unannounced. These mechanisms need to be put in place in accordance with several core interlinked design principles: compliance; accountability; independence; transparency and data sharing; speed; emphasis on capabilities; and incentives. The World Health Organization can incentivize and complement these efforts. It has an essential role in providing countries with technical support and tools to strengthen emergency preparedness and response capacities, including technical support for creating surveillance structures, integrating non-traditional data sources, creating data governance and data sharing standards, and conducting regular monitoring and assessment of preparedness and response capacities.
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Thompson, Stephen, Brigitte Rohwerder, and Clement Arockiasamy. Freedom of Religious Belief and People with Disabilities: A Case Study of People with Disabilities from Religious Minorities in Chennai, India. Institute of Development Studies (IDS), June 2021. http://dx.doi.org/10.19088/creid.2021.003.
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India has a unique and complex religious history, with faith and spirituality playing an important role in everyday life. Hinduism is the majority religion, and there are many minority religions. India also has a complicated class system and entrenched gender structures. Disability is another important identity. Many of these factors determine people’s experiences of social inclusion or exclusion. This paper explores how these intersecting identities influence the experience of inequality and marginalisation, with a particular focus on people with disabilities from minority religious backgrounds. A participatory qualitative methodology was employed in Chennai, to gather case studies that describe in-depth experiences of participants. Our findings show that many factors that make up a person’s identity intersect in India and impact how someone is included or excluded by society, with religious minority affiliation, caste, disability status, and gender all having the potential to add layers of marginalisation. These various identity factors, and how individuals and society react to them, impact on how people experience their social existence. Identity factors that form the basis for discrimination can be either visible or invisible, and discrimination may be explicit or implicit. Despite various legal and human rights frameworks at the national and international level that aim to prevent marginalisation, discrimination based on these factors is still prevalent in India. While some tokenistic interventions and schemes are in place to overcome marginalisation, such initiatives often only focus on one factor of identity, rather than considering intersecting factors. People with disabilities continue to experience exclusion in all aspects of their lives. Discrimination can exist both between, as well as within, religious communities, and is particularly prevalent in formal environments. Caste-based exclusion continues to be a major problem in India. The current socioeconomic environment and political climate can be seen to perpetuate marginalisation based on these factors. However, when people are included in society, regardless of belonging to a religious minority, having a disability, or being a certain caste, the impact on their life can be very positive.