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Journal articles on the topic 'Human rights function'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

M. Gaffar, Janedjri. "Peran Putusan Mahkamah Konstitusi dalam Perlindungan Hak Asasi Manusia terkait Penyelenggaraan Pemilu." Jurnal Konstitusi 10, no. 1 (2016): 1. http://dx.doi.org/10.31078/jk1011.

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Constitution, as the supreme law, is created to protect human rights. Constitution contains basic principles of state administration and citizens rights that have to be protected. In relation to the citizens political rights, election is related to Human Rigts matters. Election administration constitutes manifest acknowledgement of human rights in the life of the nation. Democratic election can be carrried out if there protection of human rights is guaranteed. One of the holders of judicial power that plays roles in providing human rigths protection through its decision is Constitutional Court

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2

Volkova, Yulia F. "REPRODUCTIVE RIGHTS IN THE FOURTH GENERATION HUMAN RIGHTS SYSTEM." Bulletin of Alfred Nobel University Series "Law" 1, no. 8 (2024): 39–48. http://dx.doi.org/10.32342/2709-6408-2024-1-8-4.

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The article is devoted to the study of human reproductive rights in the system of rights of the fourth generation, the formation of which is connected with scientific progress in the development of medicine and informatics. It is established that modern studies of the human right to reproduction (reproduction) are mostly considered through the prism of such broader concepts as "reproductive rights", "somatic rights", "biological rights". It was determined that in the structure of human somatic rights, as the rights of the new fourth generation, a significant group is occupied by reproductive r

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Burman, Åsa. "A Critique of the Status Function Account of Human Rights." Philosophy of the Social Sciences 48, no. 5 (2018): 463–73. http://dx.doi.org/10.1177/0048393118782455.

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This contradiction ”1. The universal right to free speech did not exist before the European Enlightenment, at which time it came into existence. 2. The universal right to free speech has always existed, but this right was recognized only at the time of the European Enlightenment.” (Searle) draws on two common and conflicting intuitions: The human right to free speech exists because institutions, or the law, says so. In contrast, the human right to free speech can exist independently of institutions—these institutions simply recognize a right we already have. John Searle argues that his status

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Lobo, Gregory J. "Human Rights and Status Functions, before and after the Enlightenment." Philosophy of the Social Sciences 49, no. 1 (2018): 31–41. http://dx.doi.org/10.1177/0048393118811574.

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This article discusses John Searle’s status function account of human rights and Åsa Burman’s “A Critique of the Status Function Account of Human Rights.” While recognizing the validity of part of the critique, based on the distinction between types and tokens, the author argues that, nonetheless, one is not compelled to accept Burman’s conclusion, that “one must give up the status function account of human rights to explain how a human right (as a kind) can exist without collective recognition” (472). Specifically, the author accepts Burman’s critique of Searle’s attempt to preserve the intui

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5

Viehoff, Daniel. "The Right against Interference: Human Rights and Legitimate Authority." Law & Ethics of Human Rights 7, no. 1 (2013): 25–46. http://dx.doi.org/10.1515/lehr-2013-0003.

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Abstract Among the functions of state borders is to delineate a domain within which outsiders may normally not interfere. But the human rights practice that has sprung up in recent decades has imposed significant limits on a state’s right against interference. This article considers the connection between human rights on the one hand and justified interference in the internal affairs of states on the other. States, this article argues, have a right against interference if and because they serve their subjects. Interference by outsiders threatens to set back their capacity to serve and thus ult

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Bangun, Budi Hermawan. "ASEAN Intergovernmental Commission on Human Rights and Effectiveness of Fulfilling Human Rights Obligations of ASEAN Members States." Jambe Law Journal 1, no. 2 (2019): 231–49. http://dx.doi.org/10.22437/jlj.1.2.231-249.

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The inauguration of the ASEAN Declaration of Human Rights was inseparable from criticism from several parties, especially human rights organizations both within and outside ASEAN member states. This paper focuses on the function and mandate of the AICHR (ASEAN Intergovernmental Commission on Human Rights) and its influence on the effectiveness of the fulfillment of human rights obligations ASEAN member states. The results showed that within its mandate AICHR there is no balance between the functions of promotion and protection function because of the ambiguity of vision for an ASEAN Human Righ

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Heri, Corina. "The Human Right to Land, for Peasants and for All: Tracing the Social Function of Property to 1948." Human Rights Law Review 20, no. 3 (2020): 433–52. http://dx.doi.org/10.1093/hrlr/ngaa026.

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ABSTRACT In 1948, Article 17 of the Universal Declaration of Human Rights (UDHR) pioneered a right to (individual and collective) ownership of property. Today, the right to property—specifically the social function of property, which was a mainstay of the discussions—can be linked to the idea of a human right to land, which has been particularly prevalent in the discourse concerning the creation of human rights protections specific to peasants. The peasant rights process highlights a number of normative and implementation gaps in international human rights law, including relating to land use a

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Biparva, Amir, and Seyed Ghasem Zamani. "Human and Citizenship Rights Education by Media." Modern Applied Science 10, no. 9 (2016): 101. http://dx.doi.org/10.5539/mas.v10n9p101.

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Development of human rights and citizenship rights is based on publication of its concepts among the people in global society. This publication of concepts and introduction of the people from different nations to human rights are done through education. Media with their role in transfer of information and knowledge have educational function. Media with their educational function ensured education right as one of the human rights while informing the public thoughts with their own rights and increasing their demands through human rights and citizenship rights education. Human rights and citizens

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9

Herr, Ranjoo Seodu. "Too liberal for global governance? International legal human rights system and indigenous peoples’ right to self-determination." Journal of International Political Theory 13, no. 2 (2017): 196–214. http://dx.doi.org/10.1177/1755088217691541.

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This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic event may seem to exemplify the

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10

Risteski, Temelko, Elena Todorova, Sejdefa Džafče та Anita Gligorova. "Тhe Right to a Healthy Climate as a Function of the Right to Life UDK 342.7:502.131.1". Journal of Economic Development, Environment and People 1, № 1 (2012): 27. http://dx.doi.org/10.26458/jedep.v1i1.5.

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Objective: To define the concept of healthy climate and in this regard to determine the relationship between the right to healthy environment and right to life, as top human right, from a legal and ethical aspects.Results: Analysis of international legislation on environment, climate and human rights, and laws on nature protection, environment and other environmental laws of the Republic of Macedonia and other countries of Southeast Europe, based on the facts of climate change, shows that these changes affect the quality of life and therefore the exercise of the right to a healthy life.Conclus

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Trihoni Nalesti Dewi, Yustina, W. Riawan Tjandra, and Grant R. Niemann. "Independence of Judicial Power as a Foundation of Human Rights Judicial Function in Indonesia." International Journal of Social Science and Humanity 6, no. 3 (2016): 239–42. http://dx.doi.org/10.7763/ijssh.2016.v6.650.

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12

EKATERINA, KULISHENKO. "LEGISLATIVE FUNCTION OF THE COMMISSIONER FOR HUMAN RIGHTS IN RUSSIA." Sociopolitical Sciences 11, no. 2 (2021): 13–18. http://dx.doi.org/10.33693/2223-0092-2021-11-3-13-18.

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The purpose of the study. In this article, based on the analysis of constitutional and legal provisions and theoretical sources, the law-making function of the Commissioner for Human Rights in Russia is considered. The purpose of the study was to identify the content of the legislative function of the Ombudsman, as well as to develop proposals and recommendations aimed at modernizing the constitutional and legal regulation of the designated function of the Commissioner. Conclusions. In the course of the study, it is concluded that it is advisable to give the right of legislative initiative to

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Revina, S., and V. Pochuykina. "The question of the system of protection of human rights." Bulletin of Science and Practice 456, no. 11 (12) (2016): 363–69. https://doi.org/10.5281/zenodo.167009.

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The Russian state is subject to the human rights activities through the system of state bodies, including the judiciary, as reflected in the Constitution of the Russian Federation. The authors consider the human rights function of the state, judicial protection as one of the ways of state protection of the rights and freedoms of man and citizen, study the elements of General system of protection of human rights in the Russian Federation and its Central element — the right to judicial protection. In this article, the authors carried out a comparative analysis of the effectiveness of judicial pr

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Ahn, Jean. "The Prospect of Human Rights Centers in the Universities after the Enforcementof the Amended Higher Education Act." Center for Public Interest & Human Rights Law Chonnam National University 32 (February 28, 2024): 93–141. http://dx.doi.org/10.38135/hrlr.2024.32.093.

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How are Human Rights Centers at the universities acting after the amendment of the Higher Education Act and the enforcement of it?This research reviewed some principles relating to the status of human rights centers in order to play the proper role to protect the human rights in the universities. Those principles are composed of norms, independence, diversity, strengthening of proper authority to protect victims of human rights violation. Several problems are found to improve the key functions (investigation of human rights abuses, human rights education, and policy development on human

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Talapina, Elvira. "Human Rights in Digital Public Administration." Journal of Russian Law 28, no. 9 (2024): 137. https://doi.org/10.61205/s160565900030222-8.

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Today, digital technologies are used in the implementation of public functions, changing their format, the order of administrative interaction, the rights and obligations of participants in public administration. In such circumstances, human rights, the observance and protection of which is the constitutional duty of the State, are exposed to additional risks. Since citizens and their associations are the main data providers for digital public administration, these risks need to be studied and eliminated. The goal of digitalization of public administration is to improve its quality and elimina

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Anokhin, Yu V., and V. V. Ponomareva. "Ideological function of the state and human rights." Вестник Сибирского юридического института МВД России, no. 1 (2022): 99–103. http://dx.doi.org/10.51980/2542-1735_2022_1_99.

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17

de Búrca, Gráinne. "Human Rights Experimentalism." American Journal of International Law 111, no. 2 (2017): 277–316. http://dx.doi.org/10.1017/ajil.2016.16.

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AbstractHuman rights in general and the international human rights system in particular have come under increasing attack in recent years. Quite apart from the domestic and global political events since 2016, including an apparent retreat from international institutions, the human rights system has in recent times come in for severe criticism from academic scholars. Amongst the various criticisms levelled have been: (1) the ineffectiveness and lack of impact of international human rights regimes, (2) the ambiguity and lack of specificity of human rights standards, (3) the weakness of internati

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Adebayo, Akintunde Abidemi. "Religions and Legal Regimes Function in the Protection of Children." Journal of Indonesian Legal Studies 5, no. 2 (2020): 335–60. http://dx.doi.org/10.15294/jils.v5i2.38049.

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Religion provides the basis for the protection of human rights, namely, the right to life, the dignity of the human person, and right to property, among others. Without prejudice or disrespect to other religions, this paper focuses on Christianity religion and its provisions that protect the rights of children considering their vulnerability. This research emphasized that the Holy Bible contains measures to safeguard, protect and ensure the good as well as the proper upbringing of children. Similarly, the United Nations Convention on the Rights of the Child 1989, OAU Charter on the Rights and

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19

Kurnia, Titon Slamet. "Mahkamah Konstitusi sebagai Human Rights Court." Jurnal Konstitusi 11, no. 1 (2016): 149. http://dx.doi.org/10.31078/jk1118.

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MKRI is a new governmental body which was established under the Third Amendment of the UUD NRI 1945. This article examines its proper function which underlies its jurisdiction to review the constitutionality of legislation. According to the issue, this article argues that MKRI should be treated as a human rights court whenever it undertakes its jurisdiction to review the constitutionality of legislation. The function of the MKRI as a human rights court justifies its existence and also prescribes principles for its operation. It means that in reviewing the constitutionality of legislation the M

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20

Hutabarat, Dany Try Hutama, Zenny Fransisca, Fauziah Ritonga, et al. "UNDERSTANDING AND DESCRIBING RELATIONSHIP OF STATE LAW AND HUMAN RIGHT." JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (JHSSB) 1, no. 1 (2021): 65–72. http://dx.doi.org/10.55047/jhssb.v1i1.63.

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Human rights are a natural right that a person is born with; they cannot be taken away and their existence cannot be denied; in addition, human rights serve as accolades. Human rights and the rule of law are inextricably linked, and the rule of law, of course, prioritizes and defends human rights. The function of the law itself is to safeguard humans while they pursue their varied interests, with the caveat that individuals must also consider the interests of others in their pursuit of their own interests. In addition to the protection provided by the law, we have the right to protection from

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21

PURNAMA, NOVAL HADI, and RAHMAN AMIN. "THE ROLE OF THE NATIONAL HUMAN RIGHTS COMMISSION IN ENFORCING HUMAN RIGHTS IN INDONESIA." Quantum Journal of Social Sciences and Humanities 6, no. 2 (2025): 126–39. https://doi.org/10.55197/qjssh.v6i2.621.

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Efforts to enforce human rights in Indonesia are carried out by establishing the National Commission on Human Rights (NHCR) as an independent state institution with functions and authorities, one of which is to monitor alleged human rights violations. For example, an event that is suspected of violating human rights is the loss of life outside the provisions of the law, where the NHRC plays a role in monitoring and providing recommendations based on the results of the investigation that has been carried out to the relevant parties. This study aims to find out the extent of the role of the NHRC

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22

Amesbury, Richard. "Inter-Religious Declarations of Human Rights: Grounding Rights or Constructing ‘Religion’?" Religion & Human Rights 5, no. 1 (2010): 43–64. http://dx.doi.org/10.1163/187103210x506907.

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AbstractThis article offers a critical analysis of four recent inter-religious declarations of human rights: (a) the 2008 Faith in Human Rights Statement; (b) the 1998 Universal Declaration of Human Rights by the World’s Religions; (c) the 1993 Declaration Toward a Global Ethic; and (d) the 1993 Universal Declaration of a Global Ethic. I argue that, although these declarations purport to provide human rights with religious support, they function in practice to define ‘religion’.

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23

Taufiq, Muchamad, and M. Wimbo Wiyono. "Tinjauan Hukum Terhadap Pelaksanaan Hak Asasi Manusia Dan Pemberdayaan Perempuan." Wiga : Jurnal Penelitian Ilmu Ekonomi 1, no. 1 (2011): 25–39. https://doi.org/10.30741/wiga.v1i1.43.

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That Human Rights are fundamental rights inherent in human beings by nature, universal and timeless as the grace of God Almighty cover for life, family rights, the right to develop themselves, the right of justice, freedom, the right to communicate, right to security and rights welfare and therefore should not be ignored or taken away by anyone. " Similarly, Lumajang Government Policy on the implementation of Human Rights and Empowerment of Women has been in accordance with the mandate of Law Number 39 Year 1999 on Human Rights has issued Regional Regulation No. 37 of 2007 regarding the Organi

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Fraser, Julie, and Laura Henderson. "The human rights turn in climate change litigation and responsibilities of legal professionals." Netherlands Quarterly of Human Rights 40, no. 1 (2022): 3–11. http://dx.doi.org/10.1177/09240519221085342.

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Climate change is already being felt around the world, impacting a range of human rights including ultimately the right to life. While a healthy environment is a pre-condition for the enjoyment of rights, the environment is not mentioned in the foundational human rights document – Universal Declaration of Human Rights – nor is it specifically protected in subsequent international human rights treaties. This artificial division is partially a function of the separate development of international human rights and environmental law in the last century, which today needs urgently to be bridged. Pr

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Yadrikhinskiy, S. A. "ON THE HUMAN RIGHTS FUNCTION OF THE TAX AUTHORITIES." Juridical Science and Practice 14, no. 3 (2018): 32–39. http://dx.doi.org/10.25205/2542-0410-2018-14-3-32-39.

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Mavridis, Iraklis. "‘In the Name of Humanity’: Human Rights and/as Ideology." Rocznik Administracji Publicznej 8 (December 30, 2022): 389–98. http://dx.doi.org/10.4467/24497800rap.22.021.16797.

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This presentation attempts to tackle some of the complex relations between ideology and human rights by referring to two interesting texts on ideology and to outline some of the discursive ways in which human rights can function as ideology. By way of doing that we aim to pose some important questions for further research concerning the ways in which human rights discourse can assume various ideological uses and functions.

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Pozsár-Szentmiklósy, Zoltán. "The Role of the Principle of Proportionality in Identifying Legal Capacity to Fundamental Rights." Studia Iuridica Lublinensia 32, no. 5 (2023): 333–58. http://dx.doi.org/10.17951/sil.2023.32.5.333-358.

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The legal capacity to fundamental rights gives the right-holder the ability to exercise and enforce fundamental rights. In the absence or questionable status of the legal capacity of a right-holder, there is a need to justify such a position. In this regard, no general standards based on legal doctrine and jurisprudence can be identified. The paper focuses on the question of whether the principle of proportionality could play a role in identifying and justifying the legal capacity to fundamental rights. Based on a review of the literature, two functions of the proportionality analysis can be i

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Golikov, K. N. "Human Rights Activities as a Function of the Prosecutor’s Office." Rossijskoe pravosudie 3 (February 21, 2020): 88–93. http://dx.doi.org/10.37399/issn2072-909x.2020.3.88-93.

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The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact tha

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Beglova, Gulnara Z. "The Human Rights Function Concept in the Field of Real Estate Turnover." Теория и практика общественного развития, no. 11 (November 29, 2023): 306–16. http://dx.doi.org/10.24158/tipor.2023.11.40.

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. In the article, taking into account the evolution of the concept of the human rights function, the thesis is argued that in relation to the regulatory and protective functions, it is both generating and integrating. Human rights protection is a priority, on the one hand, connecting the mechanisms of regulation and protection, and on the other – combining them into a single whole, when both these processes effectively complement and strength-en each other. At the same time, each of the functions has its own specifics, and the processes of their interac-tion form the foundation of the constitu

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UMNOVA-KONYUKHOVA, IRINA, and ELENA KOSTYLEVA. "JUDICIAL PROTECTION OF HUMAN RIGHTS AND FREEDOMS AS A LEGAL INSTITUTION: CURRENT STATE AND PROSPECTS OF DEVELOPMENT IN THE RUSSIAN FEDERATION." Sociopolitical Sciences 11, no. 5 (2021): 34–40. http://dx.doi.org/10.33693/2223-0092-2021-11-5-34-40.

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Purpose. To analyze the legal institution of judicial protection of human rights and freedoms, its current state and prospects for development in the RF. Objectives. To consider the complex right to judicial protection as the main element of a legal institution. To reveal the content of the elements of the institute for the protection of human rights. Formulate a definition of the concept of judicial protection. Conclusions. Among the many systems of ensuring human rights and freedoms, judicial protection is the most important element of state protection in the Russian Federation. When identif

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Utomo, Nurrahman Aji. "Mengurai Kerangka Legislasi Sebagai Instrumen Perwujudan Hak Asasi Manusia." Jurnal Konstitusi 13, no. 4 (2016): 886. http://dx.doi.org/10.31078/jk13410.

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This study seeks to examine the performance of legislation (lawmaking function) as the realization of human rights instruments. Scrutiny on the program period 2010-2014 national legislation, to determine the validity of the assuredness and values, human rights principles in the Law that were born in that period. The study was conducted by banging the process of formation of the Law, institutionalization are born by the state’s responsibility for human rights. The methods and approaches used in the study are in the type of normative or doctrinal study which aims to provide a systematic explanat

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Zuhriah, Erfaniah, Nur Alfy Syahriana, and Zezen Zainul Ali. "Navigating Islam and Human Rights." Journal of Southeast Asian Human Rights 8, no. 2 (2024): 263. https://doi.org/10.19184/jseahr.v8i2.42631.

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The purpose of this study is to examine whether women have the right to refuse pregnancy. This idea is an Islamic jurisprudence initiated by KH. Husein Muhammad, an Indonesian feminist scholar. This study analyzes the reasons for the emergence of Husein Muhammad's thoughts and provides constructive criticism. The article argues that in Indonesian society, married couples are always required to have children in their marriage. This demand leaves women with no opportunity to bargain over their position as bearers of the reproductive function, and even forces them to become pregnant. In contrast,

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Etinski, Rodoljub. "Redefining the idea of human rights." Zbornik Matice srpske za drustvene nauke, no. 144 (2013): 483–96. http://dx.doi.org/10.2298/zmsdn1344483e.

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Human Rights are complex social phenomenon that includes political, legal, cultural and economic dimensions and escapes a simple definition. Concise retrospective of human rights documents of historic value as well as natural law doctrine was used as a frame for determination of political importance and function of human rights. Natural law definition of human rights was completed by positivist critique. Human rights are seen as a legal expression of interactions of individual needs and expectations on the one hand, and readiness and capabilities of a state to satisfy these needs and expectati

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Yakimova, Ekaterina. "Russian and Foreign Experience of Functioning of the Institute of the Commissioner for Human Rights (Ombudsman): Issues of Improving Legal Regulation." Baikal Research Journal 14, no. 2 (2023): 724–31. http://dx.doi.org/10.17150/2411-6262.2023.14(2).724-731.

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Improving the mechanism for the protection of human and civil rights and freedoms is a constant task for the legislator in any state. In scientific research, when analyzing existing Russian legislation, law enforcement practice, foreign experience, researchers justify the need to adjust Russian legislation and law enforcement. Some proposals are further reflected in the legislation. New challenges to the Russian state and society require additional measures to improve the activities of human rights commissioners (ombudsmen). These persons actively participate in the implementation of the human

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Vagias, Michail. "Rethinking Amnesties and the Function of the Domestic Judge." Constitutional Review 9, no. 1 (2023): 142. http://dx.doi.org/10.31078/consrev915.

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The award of amnesties or pardons has been used time and again to facilitate the attainment of peace after a civil war. However, this practice has been condemned by human rights and other international bodies as incompatible with the duty of states under human rights law to investigate, prosecute and punish human rights violations and the victims’ rights of access to justice and to the truth. Due to this incompatibility, the function of the domestic (constitutional) judge is none other than to strike down amnesty legislation as null and void. This appears to be the prevailing narrative in cont

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Bysaga, Y. M., D. M. Byelov, and S. S. Kalyniuk. "The constitutional right of a person and a citizen to legal aid and its implementation by refugees with the help of the advocacy institute." Uzhhorod National University Herald. Series: Law 2, no. 76 (2023): 191–201. http://dx.doi.org/10.24144/2307-3322.2022.76.2.32.

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It is indicated that, despite the importance of socio-economic, ideological, political guarantees, the main ones are undoubtedly the legal ones (the guarantee of constitutional rights and freedoms and the impossibility of their cancellation and limitation, the guarantee of judicial protection of rights and freedoms, the right of everyone to know their rights and obligations , the right to legal assistance, etc.).The authors conclude that the institution of advocacy in the mechanism of protection of human and citizen rights and freedoms acts as one of the means for self-limitation of state powe

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Chen, Nalei. "Han Feizi and Human Rights." Comparative Political Theory 4, no. 2 (2024): 207–34. https://doi.org/10.1163/26669773-bja10074.

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Abstract Han Feizi’s philosophy has greatly influenced Chinese politics, but he is commonly perceived in Chinese history as an apologist for tyranny. Can his legalist philosophy be compatible with human rights? In this essay, I take up this interesting question. I argue that Han Feizi’s philosophy could endorse a “political” account of human rights. Han Feizi plans to help the state become orderly and stable. To achieve this goal, the key is the effectiveness of the incentive system and bureaucratic administration, under which people will be incentivized to act in ways that lead to the benefit

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Alexander, Atul. "Resurgence of Diplomatic Asylum in International Law: Human Rights the Missing Piece of Puzzle." Asia-Pacific Journal on Human Rights and the Law 26, no. 1 (2025): 23–46. https://doi.org/10.1163/15718158-26010001.

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Abstract This study evinces that current legal practice does not favour the grant of diplomatic asylum. However, the right to diplomatic asylum is not sufficiently addressed from an individual or human rights lens. Instead, it is conceived as an object of the States exercising its right. In recent years, the courts have widened the scope of human rights to endorse its extraterritorial application, thereby influencing the right to diplomatic asylum. However, this contradicts the provisions of the Vienna Convention on Diplomatic Relations and general international law since granting diplomatic a

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Faturohman Faturohman, Charles Frisheldy Nainggolan, and Rahmad Hidayat. "Analisis Keadilan Sosial dalam Praktik Hukum Hak terhadap Manusia." Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik 1, no. 3 (2024): 207–15. http://dx.doi.org/10.62383/demokrasi.v1i3.276.

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Social justice is a very basic principle in the implementation of law regarding the rights possessed by every human being in Indonesia. These rights and social justice are related to each other, these rights aim to provide a very basic framework for the protection that every human being has against oppression and discrimination. The most important aspect of this right that every human being has is to a justice system that is carried out as fairly as possible. This social justice emphasizes the importance of ensuring that this access is not only formal, but can also be realized in practice in e

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Suardita, I. Ketut, I. PUTU ANDIKA PRATAMA, and Made Sinthia Sukmayanti. "DOMINUS LITIS PADA KOMISI NASIONAL HAK ASASI MANUSIA DALAM PENEGAKAN HAK ASASI MANUSIA DI INDONESIA." Jurnal Yustitia 18, no. 1 (2024): 11–19. http://dx.doi.org/10.62279/yustitia.v18i1.1190.

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The national human rights commission is one of the independent institutions in Indonesia, which is responsible for the enforcement of human rights. In carrying out its functions in the enforcement of human rights, the national human rights commission collaborates with the prosecutor's office because the national human rights commission only discusses the settlement up to the investigation process, and the next process in justice (dominus litis) is carried out by the prosecutor's office. This research intend to understand the role regulation at the national human rights commission, as well as t

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Kuosmanen, Jaakko. "Repackaging human rights: on the justification and the function of the right to development." Journal of Global Ethics 11, no. 3 (2015): 303–20. http://dx.doi.org/10.1080/17449626.2015.1099050.

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Gold, E. Richard. "Patents and Human Rights: A Heterodox Analysis." Journal of Law, Medicine & Ethics 41, no. 1 (2013): 185–98. http://dx.doi.org/10.1111/jlme.12013.

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Patents and free trade make strange bedfellows. For most of their history, patents have been instruments deployed to resist trade with other countries, not to enhance it. Whether one looks at Venetian laws that punished citizens who practiced local crafts outside the city, the Mercantilist uses to which patents were put in Elizabethan England, or the cartels of the 19th and 20th centuries created on a foundation of interlocking patent rights, patents have had a distinctly protectionist function. It is thus ironic that it is intellectual property rights in general, and patents in particular, th

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Ria Julista, Ade, Lukman Hakim, and Edi Saputra Hasibuan. "Juridical Study of Regulation of the Minister of Education, Culture, Research, and Technology Number 46 of 2023 concerning the Prevention and Handling of Violence in the Environment of Education Units." Greenation International Journal of Law and Social Sciences 2, no. 4 (2024): 254–60. https://doi.org/10.38035/gijlss.v2i4.290.

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Human rights are rights that God has given to humans since birth. Lawsuits in Indonesia cannot interfere with human rights because this country is very protective of human rights. The right to a decent education is one of many human rights. The protection of human rights, especially in the field of education, is necessary so that human rights in Indonesia can be properly implemented. The purpose of protecting human rights in the field of education is to prevent human rights violations in the field of education, such as the emergence of bullying incidents in schools, which have negative consequ

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MOVCHAN, V. V. "THE HUMAN RIGHTS FUNCTION OF THE JUDICIARY IN ADMINISTRATIVE PROCEEDINGS: INSTITUTIONAL AND FUNCTIONAL ASPECTS." Herald of Civil Procedure 11, no. 2 (2021): 205–25. http://dx.doi.org/10.24031/2226-0781-2021-11-2-205-225.

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The article reveals the theoretical aspects of administrative legal proceedings, as one of the forms of the exercise of judicial power, the features and significance of the administrative judicial process in the mechanism of protecting the rights and freedoms of man and citizen, the analysis is given of the constitutional foundations of the human rights function of the judiciary, its essence and content, procedural actions. The author reveals the historical aspects of the formation and development of judicial protection in Russia, oreign experience and models of administrative justice are cons

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Potrzeszcz, Jadwiga. "The natural human right to security and security as a constitutional human right." Studia Prawnicze KUL, no. 2 (December 30, 2020): 219–33. http://dx.doi.org/10.31743/sp.5606.

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In this article it was formulated the thesis on the existence of a natural human right to security, and subsequently the analyse of the issue of the relationship between the natural human right to security and security as a constitutional human right. The primary objective of the research was to answer the question whether the natural human right to security influences the existence of security as a human right, guaranteed by positive law, in particular in constitutional law. The above analysis of the provisions of the Polish Constitution proved that the right to security as a constitu

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Airey, Siobhán. "The Taming of the Shrill: From Indicators to Indicatorization." International Organizations Law Review 12, no. 1 (2015): 81–115. http://dx.doi.org/10.1163/15723747-01201004.

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This article addresses the specific norm-generation function of indicators in a human rights context, focusing on ways that indicators foreground and legitimize as ‘truth’ particular worldviews or values. It describes the stakes of this process through elaborating on the concept of ‘indicatorization’, focusing on one moment in which the relationship between human rights and development was defined through indicators: the indicatorization of the Right to Development by a un High Level Task Force in 2010. In this initiative, different perspectives on human rights, equality, participation and dev

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Rodríguez-Gómez, Diana, and S. Garnett Russell. "Human Rights Violations Through Structural Violence: A Case Study of Human Rights Education in New York City." American Educational Research Journal 59, no. 1 (2021): 38–72. http://dx.doi.org/10.3102/00028312211057307.

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A major area of critical scholarship within human rights education (HRE) aims to discover HRE’s revolutionary potential by questioning its relationship to the global human rights regime. However, the very concept of “human rights violations” remains underexamined. This article analyzes the use and function of human rights violations as pedagogical devices. Drawing from qualitative data collected in two public high schools in New York City (2014–2015), this study explores the limitations of teaching human rights through the legal definition of human rights violations. In doing so, HRE positions

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Badzeliuk, P. "Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 240–43. http://dx.doi.org/10.24144/2307-3322.2021.66.39.

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This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients a

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STEININGER, SILVIA. "What's Human Rights Got To Do With It? An Empirical Analysis of Human Rights References in Investment Arbitration." Leiden Journal of International Law 31, no. 1 (2017): 33–58. http://dx.doi.org/10.1017/s0922156517000528.

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AbstractThis article provides a framework for systematically analyzing the practice, function, and consequences of human rights references in investment arbitration. In recent years, investment arbitration witnessed an enormous increase of references to external sources. References to human rights are especially interesting as they defy the alleged inherent conflict of investment and human rights, as well as the presumed fragmentation of international law. By applying both quantitative and qualitative approaches, I analyze how and why human rights references are employed in investor-state arbi

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Chandra, Alex, and Supot Rattanapun. "IMPORTANCE OF IMPLEMENTATION AND ENFORCEMENT OF HUMAN RIGHTS IN INDONESIA NOW." Awang Long Law Review 5, no. 2 (2023): 545–49. http://dx.doi.org/10.56301/awl.v5i2.756.

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There are still many human rights violations in Indonesia, starting from the lightest to the most serious in the implementation of human rights, and there is no mechanism for handling these human rights. From this research using literature review which aims to learn from existing references to understand the meaning of human rights and apply the values of Pancasila which contain the values of civilized human principles because they are the enforcement of human rights in civic life so that students can appreciate it more. the rights of everyone by not violating human rights. This human right ha

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