scholarly journals Trafficking of Women and Children through the Abandonment of Human Rights in Bangladesh

Author(s):  
Redwan Hasan

The study explores that Govt. and NGOs are directly involved in prevention activities. They do conduct prevention activities like mass-awareness raising, capacity building and income generating activities and so on. These activities definitely have impact on the society which is reflected in people’s growing concern about trafficking and in number of trafficking which if not reduced has not increased noticeably; though the impact is very low in comparison to urgency. Besides, it cannot be said that whatever achieved is possible only because of Govt. NGO and International Organization activities. They have to be appreciated for their pioneer role in anti-trafficking issue but the study reveals that effectiveness of their prevention activities is hampered by acute presence of push factors of trafficking, lack of collaboration, weak policy and legal framework and their own inefficiency. If comprehensive work plan and policy is taken Women and Children may get rid of the nightmare of trafficking.

2021 ◽  
pp. 1-27
Author(s):  
Olaitan Oluwaseyi Olusegun

Abstract Armed conflicts are characterised by violence and human rights violations with various implications on the citizens, economy and development of nations. The impact is however more pronounced with life-long consequences on children, the most vulnerable members of the society. This article examines the impact of non-international armed conflicts on children in Nigeria and identifies the laws for the protection of children against armed conflicts, both in international law and Nigeria’s domestic law. It also addresses the challenges involved in the protection of children in armed conflict situations in Nigeria. The study found that legal efforts to protect children have not been given sufficient attention in Nigeria. This is mostly due to various challenges including the fragmentation of legal framework and the refusal to domesticate relevant treaties. It is thus recommended that these challenges be addressed through the implementation of effective legal frameworks.


Author(s):  
Cephas Lumina ◽  
Mulesa Lumina

In recent years, there has been increasing attention to the problem of illicit financial outflows—broadly defined as funds that are illegally earned, transferred and utilized outside the country of origin in contravention of that country’s relevant legal framework. Illicit financial outflows divert resources away from activities that are essential for poverty reduction, sustainable development and the realisation of all human rights. They also contribute to the accumulation of external debt as governments that lack domestic resources as a result of these flows may resort to costly external borrowing. This chapter examines the nature of illicit financial flows, the factors that facilitate them and the measures taken by states, individually and collectively, to tackle them. It also discusses the impact of these flows on the realisation of human rights in the countries of origin and proposes concrete measures by which to curb illicit financial flows.


Author(s):  
Mārtiņš Birģelis ◽  

The current legal framework does not properly address the impact that transna­tional corporations have on human rights. In 2014, the UN Human Rights Council established an open-ended intergovernmental working group with a mandate to elaborate an international legally binding instrument to regulate the activities of transnational corporations and other business enter­prises. Yet this decision was strongly contested. This article outlines the main arguments for desirability of an international treaty on business and human rights and provides a response to some of the most common objections raised against the development of such legally binding instrument.


Author(s):  
Lorenzo Gasbarri

This chapter summarizes the previous findings and exposes the false dichotomies that led to the proliferation of the different conceptualizations. It shows how the four conceptualizations can be applied to a legal dispute concerning the responsibility of an international organization. In particular, it discusses the Al-Dulimi case before the European Court of Human Rights. The circumstances of the case prompt the adoption of one or the other conceptualization on the basis of the argumentative strategy. The analysis highlights the difficulties in providing a general legal framework to establish the responsibility of international organizations and/or of their member states. The chapter is divided into two subsections, focusing on the admissibility and the merits of the Al-Dulimi case. It concludes that the adoption of an international legal framework applicable to all international organizations is subject to the possibility to rebut limited perspectives and to adopt an ‘absolute point of view’.


2018 ◽  
pp. 337
Author(s):  
Shana Wolch ◽  
Justine Lindner ◽  
Dan Demers ◽  
Ben Ratelband

With the recent legalization of recreational cannabis in Canada, employers, particularly those with safety sensitive operations, are forced to evaluate the impact that cannabis will have on their workplaces. This article argues that the law has not yet fully evolved with the advances in scientific understanding of the effects of cannabis or the advances in the technology for testing methodologies. The article explores the current legal framework for workplace drug testing and provides best practices regarding drug testing programs and related workplace policies. It cautions that unless carefully designed, these policies may be found to be contrary to human rights or privacy legislation, or, in the case of unionized employers, unreasonable and outside the scope of the collective agreement.


Author(s):  
Michaela Kotyzova

This chapter offers a comparison between Charter 08 and Charta 77, the manifesto written by Czechoslovak dissidents, mainly Vàclav Havel and Jan Patocka, to demand the respect of human rights by the Communist Party in Czechoslovakia. The two charters are similar in their content, both invoking international human rights norms and both attempting to function largely within the existing legal framework. Another related similarity between the two lies in the fact that their objectives are not so much to subvert the regimes as to provide a support structure when the regimes fall. However, despite their similarities, both exist in drastically different political and economic contexts. China in 2008 was different from Czechoslovakia in 1977 in terms of the politics, economy, and soft power that the respective communist parties may have, and those differences affect the impact of the respective charters in society.


Author(s):  
Cephas Lumina

The lack of an international legal framework for the restructuring of sovereign debt, and the voluntary nature of current international debt restructuring initiatives have created opportunities for predatory private commercial entities—called ‘vulture funds’—to acquire defaulted sovereign debts at substantial discounts, refuse to participate in debt restructurings and aggressively pursue repayment of the full face value of the debt through litigation, often in multiple jurisdictions. This chapter discusses current official initiatives designed to curb vulture fund litigation and proposes a rethink of the doctrine of sovereign immunity as a key measure to curb the predatory behaviour of ‘vulture funds’. It also discusses the impact of the activities of these 'vulture funds’ on the realisation of human rights, particularly in developing countries, as well other consequences for the countries targeted by ‘vulture funds’


2019 ◽  
Vol 3 (2) ◽  
pp. 300 ◽  
Author(s):  
Renuka Jeyabalan ◽  
Rohaida Nordin

Human trafficking is a grave threat to human rights. Statistic shows that yearly almost thousands of men, women and children grieve in the hand of traffickers as human trafficking victim, in their own countries or abroad. Thus, there is a need for Malaysia to take the necessary step to combat human trafficking and at the same time to provide effective protection for victims of trafficking as enacted under the Malaysian Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM 2007). The first part of this research examines the international law standards on human rights protection of the victim of human trafficking while the second part analyses any legal and policy measures adopted within the Malaysian context. In this analysis, attention will be made on numerous protection mechanisms such as provision for a shelter, or a place of refuge, appointment of Protection Officers, medical treatment, right to work and safe repatriation. This research further examines and assesses the adequacy and effectiveness of the current measures and laws especially in terms of their enforcement by the relevant enforcement bodies. Analysis on the existing legal framework within other ASEAN States, including Indonesia, is also done so as to provide relevant best practices for consideration and adoption by the Malaysian government. In conclusion, this research provides a number of solutions to address the problems and challenges within the existing legal framework in Malaysia with the ultimate aim at providing better protection for the victims of human trafficking.


2020 ◽  
Vol 14 (3-4) ◽  
Author(s):  
Bellita Chitsamatanga

ABSTRACT The domestication of international human rights law, especially the constitutional status given to socio-economic rights in the Constitution 1996, seeks to eliminate decades of historical legacy of inequalities where issues of poverty, health, social security continue to be a challenge to the ordinary citizenry. However, the impact of human rights, which are highly regarded as a progressive tool in infusing the ‘rights lens’ in addressing the various challenges faced by the general populace has been left ‘swinging in the pendulum’ particularly in South Africa due to the advent of the novel COVID-19. This has deepened the social and structural inequalities that have a detrimental effect on the healthcare system and social security, particularly for women and children. Using desk review, the argument is linked to principles of accountability and is limited to the importance of human rights as a central response to the pandemic.


2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Zeni Lutfiyah ◽  
Agus Rianto ◽  
M. Rasyid Ridlo

<div class="WordSection1"><p align="center"><strong><em>Abstract</em></strong></p><p><em>This research investigates the reality of marriage laws in Indonesia, especially related to nikah siri or unregistered marriage.The study used a gender perspective and human rights, in particular the rules contained in the Act No. 1 of 1974 and the Compilation of Islamic Law. It is based on the assumption that the number of rules indicates gender bias and poor protective of humanity   and justicevalues. Even so this study will measure the chances of the Preliminary Draft of Material Law of Islamic Court/Rancangan Undang-Undang Hukum Materiil Peradilan Agama (RUUHMPA) as a model of reformulation Indonesian marriage law to accommodate and be a legal solution for the types of gender inequality and human rights, especially with regard to the prevention of lameness and imbalance values  of justice and humanity. This type of research is classified in the normative legal research for reviewing the articles of a rule of positive law by using normative methodological approach, which analyzes the legal formulations and alignment between the article and is mainly used to analyze the validity of the conceptual formulation of the law before the benchmarks used assessment gender and human rights in the realm of social science studies. This study concluded that in the articles of the Act.No. 1 1974 and Compilation of Islamic Law there are still many weaknesses, especially with regard to gender issues and human rights, which include the impact on the rampant cases of unregistered marriage or nikah siri which is one form of harassment against the institution of marriage, it is also due to the lack of provision of criminal sanctions in this legislation. While the Draft of Material Islamic Courts (RUU HMPA) is a model that is offered and expected as breaking the deadlock the relationship between religion and culture. In particular to provide protection for women and children are quite vulnerable to acts of discrimination. Nevertheless the draft still needs to be examined and refined to be more able to give justice to every citizen of Indonesia.</em></p><p><strong>Keywords: </strong><em>Reformulation, Marriage, Gender, Human Rights.</em></p><p align="center"><strong>Abstrak</strong></p><p>Penelitian ini berusaha melihat realitas peraturan tentang perkawinan di Indonesia   terutama yang berkaitan dengan perkawinan siri atau perkawinan bawah tangan.Kajian ini menggunakan perspektif gender dan Hak Asasi Manusia, khususnya peraturan yang terdapat dalam Undang-Undang No. 1 Tahun 1974 dan Kompilasi Hukum Islam. Hal ini didasarkan pada asumsi banyaknya peraturan yang bias gender dan kurang melindungi nilai kemanusiaan dan keadilan. Demikan juga penelitian ini akan mengukur peluang Rancangan Undang-Undang Hukum Materiil Pengadilan Agama (RUU HMPA) sebagai model reformulasi hukum perkawinan Indonesia dalam mengakomodir dan menjadi solusi hukum atas bentuk- bentuk ketidak setaraan gender dan  Hak Asasi Manusia terutama berkaitan dengan pencegahan dari ketimpangan nilai-nilai keadilan dan kemanusiaan.Jenis Penelitian ini termasuk dalam penelitian hukum normatif karena mengkaji pasal-pasal sebuah aturan hukum positif dengan menggunakan pendekatan normatif metodologis, yaitu menganalisis rumusan-rumusan hukum dan keselarasan antarpasal dan terutama digunakan untuk menganalisis validitas konseptual rumusan hukum tersebut di hadapan tolok ukur yang digunakan kajian gender dan HAM yang masuk dalam ranah kajian ilmu sosial. Dari penelitian inidisimpulkan bahwa di dalam pasal-pasal UU. No. 1 tahun 1974 dan Kompilasi hukum Islam masih terdapat banyak kelemahan terutama yang berkaitan dengan isu Gender dan HAM, yang diantaranya berdampak pada maraknya kasus perkawinan siri atau perkawinan bawah tangan yang merupakan salah satu bentuk pelecehan terhadap lembaga perkawinan, hal ini juga dikarenakan belum adanya ketentuan sanksi pidanadalam perundang-undangan ini.Sedangkan Rancangan Undang-Undang Hukum Materii Peradilan Agama (RUU HMPA) merupakan model yang ditawarkan dan diharapkan sebagai pemecah kebuntuan hubungan antara agama dan kebudayaan.Khususnya untuk memberikan perlindungan bagi perempuan dan anak yang cukup rentan terhadap tindak diskriminasi.Meski demikian Rancangan Undang- Undang ini masih perlu dicermati dan di sempurnakan supaya lebih dapat memenuhi rasa keadilan bagi setiap warga negara Indonesia.</p></div><p><strong>Kata Kunci: </strong>Reformulasi, Perkawinan, Gender, Hak Asasi Manusia.</p>


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