scholarly journals ‘Enemy of the People’: Family identity as Social Cure and Curse dynamics in contexts of human rights violations

2021 ◽  
Author(s):  
Blerina Kellezi ◽  
Aurora Guxholli ◽  
Clifford Stevenson ◽  
Juliet Ruth Helen Wakefield ◽  
Mhairi Bowe ◽  
...  
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
Family Identity ◽  
The People

scholarly journals The State Responsibilities Relating to Human Rights Violations to The People with Stateless Persons Status in Rohingnya Crisis

2018 ◽  
Vol 7 (2) ◽  
pp. 154
Author(s):  
I Putu Dwika Ariestu
Keyword(s):  
Human Rights ◽  
The State ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Conceptual Approach ◽  
Citizenship Status ◽  
The People ◽  
The Right ◽  
Legal Consequences

Human Rights and the State could not be separated from one another. Both are interconnected in terms of how to ensure internal stability in a country. With the existence of human rights, it is hoped that state is not arbitrary to treat its people and is obliged to protect everyone in its territory including in this case Stateless persons mentioned in Article 7 paragraph 1 of the Convention relating Status of Stateless Persons in 1954. This study aims to analyze the obligations the State must take in relation to the protection of persons with stateless persons status, and to recognize the legal consequences and responsibilities of States in the event of omitting acts of human rights violations against people with stateless persons status. This paper using normative research methods with statute approach and conceptual approach. The study shows that in relation to the obligation of the state that each State shall be obliged to provide protection to persons with stateless persons status as stipulated in the 1954 Convention and the provisions of the International Human Rights Law, the obligations of state protection include the protection of the right to life, the right to employment and even the right to obtain citizenship status. The international legal consequences accepted by the state are listed in Article 39, Article 41, and 42 of the UN Charter. Then for state responsibility are listed under Article 35, Article 36, and Article 37 of UNGA 56/83 of 2001.   Hak Asasi Manusia dan Negara tidak bisa dipisahkan satu sama lain. Keduanya saling terkait dalam hal bagaimana menjamin stabilitas internal di suatu negara. Dengan adanya hak asasi manusia, diharapkan negara tidak sewenang-wenang memperlakukan rakyatnya dan berkewajiban melindungi semua orang di wilayahnya termasuk dalam hal ini para warga negara yang disebutkan dalam Pasal 7 ayat 1 Konvensi terkait Status Orang Tanpa Negara di tahun 1954. Tulisan ini bertujuan untuk menganalisis kewajiban yang harus diambil Negara sehubungan dengan perlindungan orang-orang dengan status orang tanpa kewarganegaraan, dan untuk mengakui konsekuensi hukum serta tanggung jawab negara dalam hal melakukan  tindakan pelanggaran hak asasi manusia terhadap orang-orang dengan status  tanpa kewarganegaraan. Tulisan ini menggunakan metode penelitian normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Hasil studi menunjukkan bahwa sehubungan dengan kewajiban negara bahwa setiap Negara wajib memberikan perlindungan kepada orang-orang dengan status orang tanpa kewarganegaraan sebagaimana diatur dalam Konvensi 1954 dan ketentuan-ketentuan Hukum Hak Asasi Manusia Internasional, kewajiban perlindungan negara termasuk perlindungan hak untuk hidup, hak untuk bekerja dan bahkan hak untuk mendapatkan status kewarganegaraan. Konsekuensi hukum internasional yang diterima oleh negara tercantum dalam Pasal 39, Pasal 41, dan 42 Piagam PBB. Kemudian untuk tanggung jawab negara tercantum di bawah Pasal 35, Pasal 36, dan Pasal 37 UNGA 56/83 tahun 2001.

scholarly journals REVIEW: Indonesian repression and betrayal in West Papua

2018 ◽  
Vol 24 (2) ◽  
pp. 266-271
Author(s):  
David Robie
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Human Rights Violations ◽  
The People ◽  
The Pacific ◽  
West Papua ◽  
Eyewitness Account

Papua Blood: A Photographer’s Eyewitness Account of West Papua Over 30 Years, by Peter Bang. Copenhagen, Denmark: Remote Frontlines,  2018. 248 pages. ISBN 978-87-430-0101-0 See No Evil: New Zealand’s Betrayal of the People of West Papua, by Maire Leadbeater. Dunedin, NZ: Otago University Press, 2018. 310 pages. ISBN 978-1-98-853121-2 TWO damning and contrasting books about Indonesian colonialism in the Pacific, both by activist participants in Europe and New Zealand, have recently been published. Overall, they are excellent exposés of the harsh repression of the Melanesian people of West Papua and a world that has largely turned a blind eye to to human rights violations.

The admissibility of evidence obtained through human rights violations in Zambia: Revisiting Liswaniso v The People (1976) Zambia Law Reports 277

2019 ◽  
Vol 23 (3) ◽  
pp. 316-329
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Human Rights Violations ◽  
Bill Of Rights ◽  
High Court ◽  
The People ◽  
The Supreme Court ◽  
Law Reports

In the 1976 case of Liswaniso v The People, the Zambian Supreme Court held that illegally obtained evidence is admissible as long as it is relevant. Since then, unsuccessful attempts have been made to convince the Supreme Court and the High Court to reconsider this position, especially when the evidence in question has been obtained in violation of a right in the Bill of Rights. Recent decisions from the Supreme Court show that the court is unlikely to change its position on this issue. In this article, the author suggests ways in which the Supreme Court could relax, without necessarily overruling, its rule in the Liswaniso when dealing with evidence obtained through violating human rights.

Colonial Neglect and the Right to Health in Puerto Rico After Hurricane Maria

2020 ◽  
Vol 110 (10) ◽  
pp. 1512-1518
Author(s):  
Samantha Rivera Joseph ◽  
Caroline Voyles ◽  
Kimberly D. Williams ◽  
Erica Smith ◽  
Mariana Chilton
Keyword(s):  
Human Rights ◽  
Puerto Rico ◽  
Emergency Preparedness ◽  
Economic Loss ◽  
Human Rights Violations ◽  
Health Issues ◽  
The People ◽  
History Of ◽  
Access And Quality ◽  
The Right

The humanitarian crisis revealed as a result of Hurricane Maria in Puerto Rico demonstrates a long history of US colonial neglect and human rights violations. This reality has made it especially difficult for the people of Puerto Rico to achieve their right to the highest attainable standard of health. The impacts are pervasive, resulting in disparities in Puerto Rican health, including water access and quality; wealth, including economic loss and disinvestment; and sustainability of the island’s resources. As a result of failed governmental protection and support, public health issues related to access to care, a failing infrastructure, and discrimination all contributed to crisis on the island. A human rights framework is necessary to assess the ongoing human rights violations of the quality of life to support millions of American citizens on the island. This essay utilizes a rights-based approach to reveal historical disenfranchisement of Puerto Rico before the storms, identifies the specific human rights violations that resulted from the US government’s lack of emergency preparedness and responsiveness, and demands rebuilding the island to reconcile all that has been lost.

The Kashmir conflict and human rights

Race & Class ◽  
2019 ◽  
Vol 61 (1) ◽  
pp. 77-86 ◽  
Author(s):  
Sabzar Ahmad Bhat
Keyword(s):  
Human Rights ◽  
Social Economic ◽  
Human Rights Violations ◽  
Dynamic Nature ◽  
Jammu And Kashmir ◽  
The People ◽  
Massive Scale

The Kashmir conflict is one of the most longstanding and intractable − between India and Pakistan ( over Kashmir) and between India and the people of Jammu and Kashmir ( in Kashmir). The dynamic nature of the conflict affects the lives of millions of people, across political, social, economic and cultural spheres. Taking off from the analyses provided in ‘Memory and hope: new perspectives on the Kashmir conflict’ Race & Class 56, no. 2 (2014), the author looks at the massive scale of human rights violations. As he details the toll for 2018, he argues how one should not view the conflict as simply that between India and Pakistan over territory, but as continued and continual violations of the people of Kashmir.

Social representations of human rights violations: Further evidence

2001 ◽  
Vol 60 (2) ◽  
pp. 89-98 ◽  
Author(s):  
Alain Clémence ◽  
Thierry Devos ◽  
Willem Doise
Keyword(s):  
Cluster Analysis ◽  
Human Rights ◽  
Costa Rica ◽  
Young People ◽  
Social Representations ◽  
Social Reality ◽  
Questionnaire Study ◽  
Human Rights Violations ◽  
High Tolerance ◽  
Individual Actions

Social representations of human rights violations were investigated in a questionnaire study conducted in five countries (Costa Rica, France, Italy, Romania, and Switzerland) (N = 1239 young people). We were able to show that respondents organize their understanding of human rights violations in similar ways across nations. At the same time, systematic variations characterized opinions about human rights violations, and the structure of these variations was similar across national contexts. Differences in definitions of human rights violations were identified by a cluster analysis. A broader definition was related to critical attitudes toward governmental and institutional abuses of power, whereas a more restricted definition was rooted in a fatalistic conception of social reality, approval of social regulations, and greater tolerance for institutional infringements of privacy. An atypical definition was anchored either in a strong rejection of social regulations or in a strong condemnation of immoral individual actions linked with a high tolerance for governmental interference. These findings support the idea that contrasting definitions of human rights coexist and that these definitions are underpinned by a set of beliefs regarding the relationships between individuals and institutions.

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Trafficking In Persons ◽  
The People ◽  
Public Company ◽  
Legal Sanctions ◽  
Women And Children ◽  
Human Rights Violation

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  

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