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Krishnan, Jayanth. "Journal of the National Human Rights Commission, India (review)." Human Rights Quarterly 26, no. 2 (2004): 542–47. http://dx.doi.org/10.1353/hrq.2004.0023.
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Rafid, Raihan Rahman. "Human Rights During the Pandemic and the National Human Rights Commission of Bangladesh." Asia-Pacific Journal on Human Rights and the Law 23, no. 3 (November 16, 2022): 315–53. http://dx.doi.org/10.1163/15718158-23030002.
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Abstract The covid-19 outbreak has brought forth the existing cracks and crevices in the governance of Bangladesh. At such a time, the National Human Rights Commission of Bangladesh (nhrcb), as the only State institution mandated to protect and promote human rights exclusively and impartially, is tasked with a crucial role to ensure respect for human rights. This article assesses the activities undertaken by the nhrcb during the pandemic and finds that the nhrcb evinced only a limited role in monitoring the violation of rights and provided formulaic recommendations to the government. It did not observe the implementation of their recommendations and has performed rather formalistically. While the country has experienced a deteriorating human rights situation, the nhrcb has failed to flex its muscles when compared to other national human rights institutions in South Asia. This article argues that the national human rights institutions (nhri s) in India, Nepal and Sri Lanka, embedded in a similar context and armed with almost identical mandates, have demonstrated a novel and strenuous effort intending to adapt to and fulfil their functions during the unprecedented crisis. The nhrcb may benefit by learning from these nhri s as well as taking lessons from its own past activities. Previously, it did not eschew politically sensitive issues and earmarked a strong leadership even with limited institutional capacities. The nhrcb has however responded to the changing dynamics and challenges posed by the covid-19 pandemic with silence. It needs to become more vibrant to enhance, regionally and internationally, the country’s image in upholding human rights norms and standards.
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Fedonnikov, A. S., and N. I. Makhonko. "Medical and legal features of the functioning of the healthcare system of the Republic of India." Courier of Kutafin Moscow State Law University (MSAL)), no. 6 (September 26, 2023): 142–50. http://dx.doi.org/10.17803/2311-5998.2023.106.6.142-150.
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The article discusses the features of the healthcare system in India. Medical care is based on a number of regulatory legal acts that have defined the federal structure of the healthcare system and the rules of financing. National laws define the principles of healthcare organization in order to provide timely quality medical care to the entire population of the State. The peculiarities of Indian healthcare is the fact that society is divided on many grounds, that is, into religion, castes, races, skin color and political parties. These features lead to health inequalities. The Constitution of India establishes that human rights relating to life, freedom, equality and dignity of the individual are guaranteed by the Constitution itself, International Covenants and are subject to enforcement by the courts of India. These provisions triggered the creation of new executive bodies in the field of health: the National Human Rights Commission, as well as Human Rights Commissions in all states and courts. According to international experts, India’s medical innovation activity is rated as one of the most progressive forms (creativity and efficiency) in global healthcare. Such a result is not accidental, since India’s role in global health is based on an adequate domestic national medical policy.
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Kuznetsova, S. "Features of the constitutional legal status of the National Human Rights Commission and the state human rights commissions in India." Antinomies 19, no. 2 (July 1, 2019): 87–103. http://dx.doi.org/10.17506/aipl.2019.19.2.87103.
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Ashifa, K. M. "Human Rights Education in India: Perspectives and Practices." Psychology and Education Journal 58, no. 1 (January 1, 2021): 3044–49. http://dx.doi.org/10.17762/pae.v58i1.1208.
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Human rights education is highly relevant to promote protective mechanism against discrimination and equity among the people. It is a mechanism by which people learn about their rights and the rights of others in participative and immersive learning.“Human rights education in India became more relevant because the public received attention from nongovernmental organisations, the media and litigators of public concern to increasingly violated human rights, cases of custodian abuse, mass detentions without trial, bonded and child labour and environmental harm and the like”(Ashifa,2020). The work of the “National Commission for Human Rights (NHRC)” became more influential and led to this new ethos. The present investigation tried to identify the human rights education initiative by various governmental and non-governmental organizations in India.
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Sinha, Manoj Kumar. "Appendix I: The Role of the National Human Rights Commission of India in the Implementation of Human Rights." Netherlands Quarterly of Human Rights 16, no. 1 (March 1998): 101–6. http://dx.doi.org/10.1177/092405199801600110.
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Kumar, Ramesh Kumar. "A Critical Appraisal Of Human Rights Law In India: With Special Reference To Enforcement System." Legal Research Development: An International Refereed e-Journal 1, no. I (September 30, 2016): 01–06. http://dx.doi.org/10.53724/lrd/v1n1.02.
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In this respect, it is highly appropriate & relevant to mention over here that Dr. Bhim Rao Ambedkar who was the architect of Constitution of India because he was drafted the same. He stated that Article 32 of Constitute of India is the soul of Constitution of India which is guaranteed for the enforcement In the light of above, it can be said that such rights which are available, without enforcement or implementation are worthless. Despites, the availability of enforcement system, people is not being able to get the required justice. Enforcement system for Human Rights & its Law is as under, just at a glance: Supreme Court of India, High courts of the state Concerned, The National Human Rights Commission, State Human Rights Commissions, Human Rights Court, Public Grievance system and other required systems. Now a –days, the condition of enforcement system of human rights & its Law is very misery & in very serious condition in India. Many reasons or causes are behind the same as under: social economic, political, moral, spiritual, scientific, psychological, technical, cultural, traditional & custom and usage, lack of awareness, literacy, accessibility to people, life style, living standard, culture, thoughts, mind, attitude, atmosphere and practice of people of India, subjecting to time and circumstances. Keeping in view the aforesaid things, this research paper has been written which is helpful and beneficial for research scholar, students, Professors, teachers, institutions or organizations, governments, society, and other required persons concerned.
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Mugali, Sadashiv s. "A PERSPECTIVE STUDY OF HUMAN RIGHTS IN INDIA." International Journal of Research -GRANTHAALAYAH 2, no. 1 (October 31, 2014): 47–54. http://dx.doi.org/10.29121/granthaalayah.v2.i1.2014.3074.
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Human beings are born equal in dignity and rights. These moral claims are articulated and formulated in what is today known as human rights. Human rights are rights inherent to all human beings whatever our nationality, place of residence, sex, national or ethic origion, colour, religion, language or any other status. We are all equally entitled to our human rights without discrimination. The origin of human rights may be found both in Greek philosophy and the various world religions. In the Age of Enlightenment the concept of human rights emerged as an explicit category. Origin of the idea of human rights in India though the Rigveda Perod. The term Human Rights refer to those rights are considered universal to humanity, regardless of citizenship, residency status, ethnicity, gender, or other considerations. The present topic is a burning issue and has a great significance in the world especially the developing nations like India. The experience of the last five decades in the area of human rights has become a matter of deep concern. The early history of human rights movement can be traced from 13th century. India was closely and actively participating in all these developments, Finally Government of India introduced the Human Rights Commission Bill in the Lok Sabha on 14th May 1992.
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Kaur, Navdeep. "AWARENESS OF RIGHT TO EDUCATION AMONG SECONDAY SCHOOL TEACHERS." JOURNAL OF SOCIAL SCIENCE RESEARCH 6, no. 2 (December 27, 2014): 1004–8. http://dx.doi.org/10.24297/jssr.v6i2.3484.
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Education is a human right and essential for realization of all other human rights. It is a basic right which helps the individual to live with human dignity the right to education is a fundamental human rights. Every individual, irrespective of race, gender, nationality, ethnic or social origin, religion or political preference, age or disability, is entitled to a free elementary education. Hence the present study has attempted to find out awareness of right to education among secondary school teachers. The sample of 200 secondary school teachers was taken. A self made questionnaire comprising 34 multiple choice items was used by the investigator. It was found that both Government and Private secondary teachers have equal information regarding RTE, whereas Male school teachers are more aware of RTE than Female secondary school teachers Education is the foundation stone of national development. No nation can develops without education. The function of education is to accelerate the progress and development of nation. Education is the only means which brings about national integration. Educational achievement of a nation is also an indicator of national pride. During the pre-british Indian the indigenous secondary education was imparted in Pathshalas, Gurukuls, Gurudwaras and other religious organization. Education was banned for women and for scheduled classes and poor people. After sometimes Christian missionaries and East Indian Company established a few schools with the purpose of spreading Christianity in India. The first organized step to established planned primary schools of four years duration in India was established when Macaulay presented his famous minutes in 1835 with a view to popularize English education. In 1854 Woods Dispatch laid stress on imparting education atleast upto the primary level to the Indians. Later many commissions and committees were set up like India Education Commission 1882, Government resolution on education policy 1904, Gopal Krishan Gokhales Resolution 1911,Hartog committee 1929, Wardha Scheme 1938 and Sargent report 1944. All of them laid stress on free & compulsory primary education. After independence India adopted Article-45 directive principle of state policy laid down in Indian Constitution. The Article says, The state shall endeavour to provide within a period of ten years from the commencement of the constitution free & compulsory education for all children untill they complete the age 6 to 14 years. Kothari Commission (1964-66) recommended qualitative improvement for the purpose of science education, work experience, vocalization of education and development of social, moral and spiritual values, improvement in methods of teaching curriculum, teacher training etc. were recommended. National Policy on Education (1986) emphasized on two aspects. One on the universal enrollment and universal retention of children upto 14 years of age and another on the substantial improvement in teaching quality of education. In order to improve the education of school, Operation, Blackboard was introduced by National Policy on Education. The programme of action (1986) was laid down, the purpose of Operation Blackboard is to ensure provision of minimum essential facilities in secondary schools, material facilities as learning equipment, use of blackboard implies that there is an urgency in this programme. In India, the desire for compulsory education figured in the writing and speeches of our leader before independence. But for national development and national integration, creation of good citizens, preparation for life, development of character, development of individuality, adaptation to environment and making man civilized. India just implemented the Right to Education on 27rd August (Thursday), 2009 by 86th Constitutional amendent. It says, the state shall provide free and compulsory education to all children the age of 6 to 14 years in such manner as the state may, by law, determine. Today education is considered an important public function and the state is seen as the chief provider of education through the allocation of substantial Budgetry resources and regulating the provision of education. The pre-eminent role of the state in fulfilling the Right To Education is enshrined in 1966 International Covenant on Economic, Social and Cultural rights. With regards to realizing the Right to Education the World Declaration on Education for All states that partnerships between government and non-government organizational, the private sector, local communities, religious groups, and families are necessary. The realization of Right to Education on a national level may be achieved through compulsory education or more specifically free and compulsory primary education as stated in both the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. So as India is first to made education compulsory and free for all. Formal Education is given to everybody without any discrimination of sex, caste, creed and colour. Education is the powerful tool. which accelerates the process of national growth and development. Moreover, economically and socially marginalized adults and children can left themselves out of miseries of darkness and participate fully as variable assets for their nation only with the help of education. Thus, education is a key towards a successful life. Keeping in view the importance of education, the secondary education in India has been made compulsory through 86th constitutional amendment. Moreover Right to Education has declared as fundamental right by this amendment under Article-emerge as a global leader in achieving the millennium development goal of ensuring that all children complete their secondary education by 2015 as set by UNESCO. The secondary stake holders for providing education are the parents and social authorities and both these entities have to be active: parents, by sending education is supported, thus, it is important that teacher should be aware of Right to Education. If teacher are well aware of Right to Education then only he/she can make the students to enjoy its benefits and motivate them to enroll in education. Moreover, if the teacher is fully awakened about the Right Education only then he/she will not dare to exploit the child.
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Gawali, R. A., N. K. Sharma, and C. P. Bhargav. "India’s Latest NHRC Advisory on the Problem of Floating Corpses in the River Ganges: Forensic Dental Recommendations." Journal of Indian Academy of Forensic Medicine 45, no. 2 (2023): 199–202. http://dx.doi.org/10.48165/jiafm.2023.45.2.24.
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In May 2021, thousands of human dead bodies were seen floating in the down-streams of the river Ganges. This incident highlights a few glaring issues, such as the inhumane treatment of human corpses, the potential escalation of the bio-hazardous situation, and most importantly the possibility of foul play and involvement of crime. As a response to this incident, the National Human Rights Commission issued a detailed advisory regarding the dignified management of the dead to all the states and union territories of India. In India to date, the identity of the dead is never associated with their dignity. The article introduces the 'right to identity' after death as an important interpretation and natural extension of the right to live with dignity. It is not only essential to identify a dead from a humanitarian perspective, but also from a forensic aspect to rule out any crime or wrongdoing. This article gives fundamental administrative recommendations in regards to how forensic odontology can solve the problem of unidentified dead bodies in India while maintaining their dignity.
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Yadav, Vineeta. "India in 2023." Asian Survey 64, no. 2 (March 2024): 197–210. http://dx.doi.org/10.1525/as.2024.64.2.197.
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In 2023, India experienced another year of strong economic growth; it was the fastest- growing economy in the world. However, as before, this growth was accompanied by growing unemployment and inequality between urban and rural regions. Furthermore, the year was marked yet again by significant declines in the quality of democracy as the parliament was increasingly marginalized, a new law effectively handed control of the Election Commission of India to the incumbent government, and laws and government actions curbed civil liberties and human rights. One major positive development was the passage of a law reserving seats for women in the directly elected national and state assemblies. India successfully hosted its first G20 summit but also dealt with major foreign policy issues, including increasing rivalry with China for regional influence, accusations of assassination attempts by its intelligence agencies in friendly countries, and the ongoing Israel–Palestine conflict. Finally, 2023 saw the BJP claim dominant electoral victories in four out of nine states, putting it in government in 16 of the 28 Indian states.
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Evans, Carolyn. "HUMAN RIGHTS COMMISSIONS AND RELIGIOUS CONFLICT IN THE ASIA-PACIFIC REGION." International and Comparative Law Quarterly 53, no. 3 (July 2004): 713–29. http://dx.doi.org/10.1093/iclq/53.3.713.
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The last decade has seen the rise of a potentially significant development in the Asia-Pacific region in regard to human rights—the establishment of National Human Rights Institutions (particularly Human Rights Commissions) in numerous States.2 National Human Rights Commissions (hereafter NHRC) established in compliance with United Nations standards have been established in Australia, Fiji, India, Indonesia, Malaysia, Mongolia, Nepal, New Zealand, Philippines, Republic of Korea, Sri Lanka, and Thailand.3 In many of these States, however, human rights abuses are still widespread and serious. The establishment of NHRC, which generally do not have the power to make enforceable decisions, could easily be derided as an attempt by governments to create a fac.ade of respect for human rights while failing to take the enforcement of those rights seriously.4 While this criticism has a degree of validity, NHRC have played a constructive, if limited role, in the promotion and protection of human rights in the Asia-Pacific region.
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Lantschner, Emma. "National Human Rights Commissions in India and Nepal: State of Affairs and Challenges Ahead." European Yearbook of Minority Issues Online 8, no. 1 (February 9, 2011): 523–39. http://dx.doi.org/10.1163/22116117-90001683.
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Pande, Ravindra K. "Observation on National Human Rights Commission (NHRC), India report on emergency medical services (EMS) with special reference to road accidents in Uttaranchal (India)." Disaster Prevention and Management: An International Journal 15, no. 2 (March 2006): 241–46. http://dx.doi.org/10.1108/09653560610659784.
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Hoskin, Annette, Ashok Grover, Jeewan Titiyal, Namrata Sharma, Nirmal Fredric, Rajesh Sinha, Purendra Bhasin, et al. "Advocacy in action: preventing eye injuries in India." Malaysian Journal of Ophthalmology 6, no. 1 (February 13, 2024): 10–19. http://dx.doi.org/10.35119/myjo.v5i1.337.
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Purpose: To summarise key areas of ophthalmic trauma in India and propose prevention measures. Study design: Descriptive review and expert opinion. Methods: Key data presented by members and office bearers of the Ocular Trauma Society of India (OTSI), All India Ophthalmological Society, and Asia-Pacific Ophthalmic Trauma Society (APOTS) at a meeting of the National Human Rights Commission India on September 21, 2022 are summarised in this review. To study the incidence of eye injuries in India, the International Globe and Adnexal Trauma Epidemiology Study (IGATES) registry (a global web-based database platform for ophthalmic trauma developed by APOTS in collaboration with OTSI) was employed. IGATES makes use of cloud computing to collect and store data regarding ocular trauma worldwide. Results: Eye injuries remain the leading cause of preventable monocular vision loss in India. In this study, 2,528 Indian patients presented with ocular trauma, 1,980 of which (78.3%) were males and 548 were females (21.7%). The mean age of the patients was 31.1 ± 17.4 years. Of all the cases, 281 (11.2%) were due to road traffic accidents (RTA), 70 (2.77%) were chemical injuries, and 43 (1.70%) were fireworks-related. There is an association between the use of eye protection and final best corrected visual acuity (p = 0.04). In light of this, several strategies are suggested to prevent the incidence or reduce the severity of eye injuries. Conclusion: Given the high prevalence of RTA-related cases and the wide use of fireworks in many festive celebrations such as Diwali, it is paramount to look into ways to reduce the incidence of such injuries.
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Shukla, Ravi Prakash. "FROM JUDICIAL TO LEGISLATIVE MEASURES TAKEN TO PREVENT CUSTODIAL VIOLENCE." Dogo Rangsang Research Journal 12, no. 09 (2022): 01–06. http://dx.doi.org/10.36893/drsr.2022.v12i10n01.001-006.
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The different forms of torture that a person who is in jail, police custody, or court custody experiences for a variety of reasons is referred to as "custodial violence." The goal of the current investigation is to identify the source. the different factors that contribute to custody abuse and the remedies available for this serious injustice prevented. Custodial violence appears to be a severe issue in emerging nations like India since the majority of People still don't know much about the several laws that safeguard their fundamental human rights. Despite the fact that the National Human Rights Commission's formation has established a framework wherein can be readily acquired by the impoverished and defenceless victims, yet many cases of custodial violence Due to ignorance, there have been no reports of violence. Police violence against suspects, those under investigation, and people who have been convicted has been rising at an alarming rate, despite expectations that law enforcement organisations will uphold law and order and defend people's rights. Even though these victims are protected by several international agreements, constitutional protections, and legislative restrictions, their inhumane treatment continues. In this situation, a research that aims to educate the general public on the legal options open to victims of custodial abuse is urgently needed. This research aims to gather data and attempt to estimate the total amount of crime in the nation while also doing a doctrinal analysis of various examples of custodial brutality in India.
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Marwaha, Karn. "Corporate governance and whistle blowing in India: promises or reality?" International Journal of Law and Management 59, no. 3 (May 8, 2017): 430–41. http://dx.doi.org/10.1108/ijlma-12-2015-0064.
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Purpose The purpose of this paper was to analyze the legal provisions relating to the protection extended to the private company employees who blows the whistle. It is a major requirement of the country that Whistle Blowers Protection Act should not only be made compulsory for public sector but also be made compulsory for private companies of any size so that illegal activities could be identified and major risk could be avoided. Presently, private sector is growing rapidly, and it has a growth in way of economic resources, and private sector is also entering into the public domain by privatization, so exclusion of private sector by the Whistle Blowers Protection Act, 2011 is very dangerous. Design/methodology/approach The researcher has resorted to primary as well as secondary sources of data. The primary sources of data are the Whistle Blowers Protection Act, 2011, Official Secrets Act, 1923, Right to Information Act, 2005, The 179th Law commission report, report of Second Administrative Reforms Commissions, 2007 and recommendations made by Parliamentary Standing Committee on Personnel, Public Grievance, Law and Justice, 2011. The secondary data are the books and articles of different authors. Findings This Act provides a mechanism to receive complaints and inquire into the allegations of corruption or willful misuse of power by the public servants only. Although, this act has not come into existence, but on bare perusal, it seems to be inadequate and still needs more amendments for efficient outcomes or else the zeal of whistle blowers particularly in a private sector will fade away. The need of exhaustive and complete law is also necessary so that the evils like corruption can be curbed completely and effectively. Originality/value Private sector, if included in the above-mentioned act, would definitely resolve the problem, but on the same hand, it will raise the question of space that needs to be given to private organization. So in concluding remarks, the author would like to suggest that, to improve the organizational quality of private sector, there should be a national legislation which should deal with substantial guidelines that needs to be adopted by private companies. There is a significant need to raise the standard of corporate governance in India, only then it could achieve stability, transparency and growth.
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ŁYŻWA, ANETA. "Trafficking in Human Beings for Forced Labour. Contemporary Trends and Threats." Internal Security 12, no. 1 (July 22, 2020): 267–79. http://dx.doi.org/10.5604/01.3001.0014.3202.
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The article is devoted to the issue of human trafficking in legal and criminological terms, with particular emphasis on the exploitation of victims of the crime for work or forced services. The author introduces the essence of forced labour by reaching for many of its legal definitions contained in legal acts in the rank of conventions, as well as ordinary laws. At the same time, it highlights the factors that characterize the type of work indicated and allow to distinguish it from other types of violations, including violation of employee rights. The phenomenon of human trafficking is shown through the prism of its current evaluation tendencies, both globally and regionally (European, and especially EU). To this end, the author presents statistical data collected in recent years by, inter alia, the United Nations Office on Drugs and Crime, the International Labour Organization, the International Organization for Migration and the European Commission. She emphasizes, however, that the actual scale of the aforementioned crime remains unknown. A significant part of the discussion focuses on the issue of human trafficking in modern Poland, showing the scale of the dealings in question, diagnosed in recent years by law enforcement agencies. A lot of attention is also paid to the spectrum of crime threats on the Polish labour market from the perspective of foreigners. Thus, with particular care, she considers the problem of violating the employment rights of Ukrainian citizens as the largest group of foreigners illegally employed in Poland. She also shows the legal situation in this area of the citizens of Belarus, Moldova, India and Russia. She discusses this issue in the context of activities of the National Labour Inspectorate included in the audit report for 2017. The author further scientific interest includes the issue of criminalization of human trafficking in selected countries around the world. In this respect, it refers primarily to legal regulations contained in the Latvian, Hungarian, Swiss, Finnish, Ukrainian and Liechtenstein penal codes. The author’s ambition was to present the indicated issues in a concise manner, while also taking into account its most important aspects.
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Senthil Kumar, E., and S. Arockia Elizabeth Josephine. "Inclusionary Education: Counselling and Guidance." Shanlax International Journal of Arts, Science and Humanities 11, S1i2-Nov (November 20, 2023): 104–10. http://dx.doi.org/10.34293/sijash.v11is1i2-nov.7327.
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Education, regarded as a fundamental human right and a key driver of individual, community, and national development, serves the purpose of equipping young individuals with accurate information, fostering positive attitudes, and cultivating skills to navigate real-life situations responsibly. Additionally, education aims to instill awareness and positive attitudes toward population and development issues, fostering responsible behavior among students and the broader community (UNICEF, 2010). According to the National Curriculum Framework (NCF, 2005), guidance and counselling are essential components of the school curriculum that support children’s personal, social, and professional development in a stress-free learning environment. The suggestions of the Kothari Education Commission and the Mudaliar Secondary Education Commission are where guidance and counselling services in India first emerged. The report points out current limitations in inclusive education, such as a lack of skilled mentors and a lack of awareness among school officials. The study clarifies practical concerns with inclusive education despite the growing focus on its significance by using Padang city as a case study. The research highlights the critical function that counselors do in fostering a friendly and inclusive learning environment. However, it also highlights the deficiency of mentors in inclusive schools, which impedes the academic progress of children with special needs. The goals encompass elucidating the notion of education, deliberating about counselling and advice, characterizing guidance within the framework of inclusive education, analysing educational data, and distinguishing between the two. The study concludes by highlighting the critical role that involvement and guidance play in developing an inclusive education system and suggesting a quantitative exploratory approach to determine the proportion of kids in a given school that do not have special needs. The results are intended to serve as a starting point for additional research on issues related to inclusive education.
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Neshataeva, T. N. "Eurasian integration: general values and legal institutions." Pravosudie / Justice 2, no. 3 (September 22, 2020): 62–85. http://dx.doi.org/10.37399/2686-9241.2020.3.62-85.
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Introduction. The article is devoted to the analysis of the civilisational foundations and features of Eurasian integration, their reflection in the charter documents and the practice of the Court of the Eurasian Economic Union. The author describes cultural integrity, including religion. Teoretical Basis. Methods. Specifically, in the modern world, the author distinguishes four civilisations: Christian, Sinic, Indian, and Muslim. Russia (the pivotal state of the Eurasian integration under discussion) is a poly-civilisational state, because its culture is based on historical multinationality, multiconfessionality, and multiculturalism. The basis of Russian law is Christian values (for example, the rule of law), but elements that derive from Islam (the “rule of power”), and Buddhism (the protection of natural connections) are also very important. The article uses empirical methods of comparison, description, interpretation, theoretical methods of formal and dialectical logic. Results. The author shows that compared with European integration, Eurasianism is based on slightly different values, namely: 1) the rule of law as a formal order; 2) collectivism and collegiality – the special significance of the rights and interests of an indefinite circle of persons in comparison with individual ones; 3) the priority of natural relationships in the group. The Eurasian Economic Union (EAEU) is an international organisation of a supranational type. In its statutory documents the religious and civilisational peculiarities characteristic of Eurasianism were also taken into account. The principles of international law (as the super-imperative norms of jus cogens) have priority in application, but differ in special content, namely: 1) respect for the sovereign rights of states; 2) equality of states, which are implemented not formally, but taking into account economic reality, and; 3) the principle of pacta sunt servanda. Specifically, the EAEU Commission and the corresponding Court are created to monitor compliance with the treaties. The court also has peculiar features: 1) In the documents the principle of independence of judges is especially emphasised (the chairman is the first among equals); 2) the relations of the Court with the national courts of the Member States of the Union are built in a special way: they take the positions of the Court in their practice on a voluntary basis. The international court of a supranational union is mainly aimed at overcoming dualism – duality in the law of integration association. This creates a uniform understanding of the norms of union law, which cannot be reduced only to the positive component that the court corrects with the natural essence of law – the protection of human rights. The author gives examples of problems encountered in building the EAEU: 1) the ratio of the principle of pacta sunt servanda and the principle of national sovereignty; 2) the principle of equality in its real, not formal essence. Discussion and Conclusion. The EAEU takes into account both the principles of Christian civilisation (respect for law), and the principles of other civilisations (for example, respect for power and the principles of harmonious construction of relations within the Union – multiculturalism). It is important for the Court to find a balance between activism and conservatism both in resolving international conflicts and in interpreting law. So, activism in the EAEU Court is manifested in human rights issues, and conservatism: in matters of monitoring the activities of the Commission. An important problem is the balance in ethical issues, which is associated with the multiconfessional composition of the Eurasian court. The author concludes by noting that in a situation where the requirements for the appointment of judges are blurred and there is no verification mechanism, it is difficult for the international composition of the Court to find ethical consensus.
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Neshataeva, T. N. "Eurasian integration: general values and legal institutions." Pravosudie / Justice 2, no. 3 (September 22, 2020): 62–85. http://dx.doi.org/10.37399/2686-9241.2020.3.62-85.
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Introduction. The article is devoted to the analysis of the civilisational foundations and features of Eurasian integration, their reflection in the charter documents and the practice of the Court of the Eurasian Economic Union. The author describes cultural integrity, including religion. Teoretical Basis. Methods. Specifically, in the modern world, the author distinguishes four civilisations: Christian, Sinic, Indian, and Muslim. Russia (the pivotal state of the Eurasian integration under discussion) is a poly-civilisational state, because its culture is based on historical multinationality, multiconfessionality, and multiculturalism. The basis of Russian law is Christian values (for example, the rule of law), but elements that derive from Islam (the “rule of power”), and Buddhism (the protection of natural connections) are also very important. The article uses empirical methods of comparison, description, interpretation, theoretical methods of formal and dialectical logic. Results. The author shows that compared with European integration, Eurasianism is based on slightly different values, namely: 1) the rule of law as a formal order; 2) collectivism and collegiality – the special significance of the rights and interests of an indefinite circle of persons in comparison with individual ones; 3) the priority of natural relationships in the group. The Eurasian Economic Union (EAEU) is an international organisation of a supranational type. In its statutory documents the religious and civilisational peculiarities characteristic of Eurasianism were also taken into account. The principles of international law (as the super-imperative norms of jus cogens) have priority in application, but differ in special content, namely: 1) respect for the sovereign rights of states; 2) equality of states, which are implemented not formally, but taking into account economic reality, and; 3) the principle of pacta sunt servanda. Specifically, the EAEU Commission and the corresponding Court are created to monitor compliance with the treaties. The court also has peculiar features: 1) In the documents the principle of independence of judges is especially emphasised (the chairman is the first among equals); 2) the relations of the Court with the national courts of the Member States of the Union are built in a special way: they take the positions of the Court in their practice on a voluntary basis. The international court of a supranational union is mainly aimed at overcoming dualism – duality in the law of integration association. This creates a uniform understanding of the norms of union law, which cannot be reduced only to the positive component that the court corrects with the natural essence of law – the protection of human rights. The author gives examples of problems encountered in building the EAEU: 1) the ratio of the principle of pacta sunt servanda and the principle of national sovereignty; 2) the principle of equality in its real, not formal essence. Discussion and Conclusion. The EAEU takes into account both the principles of Christian civilisation (respect for law), and the principles of other civilisations (for example, respect for power and the principles of harmonious construction of relations within the Union – multiculturalism). It is important for the Court to find a balance between activism and conservatism both in resolving international conflicts and in interpreting law. So, activism in the EAEU Court is manifested in human rights issues, and conservatism: in matters of monitoring the activities of the Commission. An important problem is the balance in ethical issues, which is associated with the multiconfessional composition of the Eurasian court. The author concludes by noting that in a situation where the requirements for the appointment of judges are blurred and there is no verification mechanism, it is difficult for the international composition of the Court to find ethical consensus.
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Wicaksono, Demas Brian, Sudarsono Sudarsono, Rachmat Safa’at, and Muchamad Ali Safa’at. "Potential and Implications of Disputes Over the Authority of the National Human Rights Commission and the Indonesian National Police." International Journal of Social Science Research and Review 6, no. 1 (January 6, 2023): 1–9. http://dx.doi.org/10.47814/ijssrr.v6i1.744.
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National Human Rights Commission is positioned as an independent state institution at the same level as other state institutions which in carrying out its functions and authorities stand on a par with other state institutions whose authority is granted by law. Although vertically it has an equal position with other state institutions, in carrying out its functions, duties, and authorities, this commission must report to the President and the DPR. Article 18 Paragraph (1) Law Number 26 of 2000 concerning the Human Rights Court states that investigations into gross human rights violations are carried out by the National Human Rights Commission. In carrying out its duties, National Human Rights Commission has the authority to receive reports or complaints from a person or group of people regarding the occurrence of serious human rights violations. Police in Article 2 Law Number 2 of 2002 which is the function of the state government in the field of maintaining security and public order, law enforcement, protection, shelter, and service to the community. If a criminal case occurs later the handling of the case is carried out by the police with the authority of investigation by the Police because it is considered an ordinary crime, but at the same time the case is also investigated by the National Human Rights Commission as a crime against humanity which is part of the National Human Rights Commission. human rights violations. Therefore, related to this condition, a struggle for authority may occur due to differences in the interpretation of the crime which then causes the National Police and National Human Rights Commission to declare authority to each other. The authority dispute between the National Police and National Human Rights Commission then could not be resolved within the executive government because National Human Rights Commission is not a state institution under the President, nor can it be resolved through the Constitutional Court as referred to in Article 24C paragraph (1) of the 1945 Constitution because the object of authority disputed by the two state institutions is powers granted by law.
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WOLMAN, Andrew. "National Human Rights Commissions and Asian Human Rights Norms." Asian Journal of International Law 3, no. 1 (November 30, 2012): 77–99. http://dx.doi.org/10.1017/s2044251312000306.
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Ever since the beginning of the “Asian Values” debate in the early 1990s, there have been efforts on the part of many societal actors to establish distinctively Asian human rights norms that integrate local customary values and international human rights norms. This article presents the claim that National Human Rights Commissions in Asia are well placed to play an important role in this effort to develop localized human rights norms because of their close links with local civil actors, along with their independence from government control, pluralistic make-up, and ability to address complex rights issues in detail. The article also presents a study of how the National Human Rights Commission of Korea has used its powers to prioritize and promote a particularly Korean version of the human rights of the elderly.
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Hutahaean, Juan Carlos Christfandy, Christian H. J. De Fretes, and Suryo Sakti Hadiwijoyo. "Efforts of the Government and the National Commission on Human Rights in Dealing with the Paniai Case: Problems of the Unfinished Grassroots." Politicos: Jurnal Politik Dan Pemerintahan 4, no. 1 (March 7, 2024): 1–10. http://dx.doi.org/10.22225/politicos.4.1.2024.1-10.
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This article discusses the roles of the government and the National Commission on Human Rights (Komnas HAM) in handling severe human rights violation cases in Paniai, Papua. The purpose of this article is to determine whether the National Commission on Human Rights handled the severe human rights violations in Paniai optimally. The article employs a qualitative research method as a research procedure that generates descriptive data in the form of written or oral words from individuals or things observed. For gathering information, interviews were used along with different types of literature, like journals, to look at the steps that the National Commission on Human Rights took and news stories from different media outlets about how they dealt with serious human rights violations in Paniai. This article uses the theory of institutional and institutional roles to examine the roles played by the National Commission on Human Rights. The research findings indicate that handling the severe human rights violation cases in Paniai creates problematic situations between the government and civilians. First, the National Commission on Human Rights attempts to adapt to external and social expectations. Second, the formation of an order between the majority and minority in the uniformity pattern of witness elements during the investigation stage conducted by the Attorney General. Other challenges include the back-and-forth return of investigation files, which hinders the process of handling the Paniai case by the National Commission on Human Rights.
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Hae-Cheol Byun. "Protection of human rights in Thai and Korea: National Human Rights Commission." 동남아연구 17, no. 1 (August 2007): 93–112. http://dx.doi.org/10.21485/hufsea.2007.17.1.004.
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Giri, Saroj Kumar. "Role of the National Human Rights Commission for the Protection of Human Rights in Nepal." Dristikon: A Multidisciplinary Journal 12, no. 1 (July 5, 2022): 144–59. http://dx.doi.org/10.3126/dristikon.v12i1.46134.
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The article aims to analyze the role of the National Human Rights Commission (NHRC) in the protection and promotion of human rights in Nepal. As a constitutional body, NHRC has the key role in the effective protection of the rights of the people which are safeguarded by the constitution and scattered laws. Article 249 of the Constitution of Nepal 2015 has clearly mentioned that it is the duty of the National Human Rights Commission to ensure the respect, protection, and promotion of human rights and its effective implementation. National Human Rights Commission Act, 2012 provides authority to NHRC to protect and promote human rights through inquiries and investigations based on the complaint lodged to the commission by the victim or any person on his/her behalf or upon information received from any source or on its own initiative. Despite the formulation of laws related to human rights, the implementation side is complicated. Use of children in the election, discrimination, labor exploitation of foreign migrant workers, and cases of domestic violence are increasing and the condition of earthquake survivors and the corona pandemic is more pathetic. Thus, the article argues that impunity still persists and the NHRC recommendations have not been implemented and it has not been able to work as per the constitutional mandate. The finding of the study is human rights situation of Nepal is still worrying. The analysis is significant as it helps to understand the human rights situation in Nepal and the functional role played by NHRC to protect human rights as the constitutional commission.
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Cho, Beak Ki. "Reforms The National Human Rights Commission of Korea." Sogang Law Journal 1, no. 2 (August 31, 2012): 193–234. http://dx.doi.org/10.35505/slj.2012.08.1.2.193.
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Rao, C. R. Prasad. "The NGO Linkage of National Human Rights Commission." Indian Journal of Public Administration 52, no. 2 (April 2006): 175–82. http://dx.doi.org/10.1177/0019556120060202.
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Idrus, Soleh, Serlika Aprita, Bima Sena Putra Asmara, and M. Aidil Putra. "Legal Analysis of the Disparity Between Indonesia's Legal Basis and Its Implementation in Protecting Human Rights." Jurnal Kepastian Hukum dan Keadilan 4, no. 2 (December 31, 2022): 137. http://dx.doi.org/10.32502/khk.v4i2.5555.
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The power that is held by human rights might be described as fundamental or basic in nature. People are able to more readily violate the rights of others since many people still do not understand how violation cases work. As a result, there are cases of violations that occur at the present time. A qualitative research method that takes an approach based on statutory regulation is the one that was used for this study. According to the findings presented in the conclusion, the protection and maintenance of human rights within the national institutional framework are established in institutions such as the National Women's Commission (Komnas Perempuan), the National Commission on Human Rights (Komnas HAM), and the Commission on Truth and Reconciliation. These institutions include the Indonesian Child Protection Commission (KPAI), the National Commission on Human Rights (Komnas HAM), and the Commission on Truth and Reconciliation (TRC). Despite this, the KKR was dissolved because it was seen to be incapable of performing its duties in an adequate manner.
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Беляцкая, Анна Михайловна. "Features of Ombudsman Institution in Latin America and Asia." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 2 (June 15, 2022): 56–59. http://dx.doi.org/10.26163/gief.2022.88.61.009.
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В статье проведен анализ закона Мексиканских Соединенных Штатов «О Национальной комиссии по правам человека» от 29 июня 1992 года и закона Республики Кореи «О Национальной комиссии по правам человека Кореи» от 24 мая 2001 года. Автор приходит к выводу, что Национальная комиссия по правам человека Мексики и Национальная комиссия по правам человека Кореи являются аналогом института омбудсмана, который широко распространен в различных европейских странах. We analyze the law of the Unites States of Mexico "On National Human Rights Commission" of 29 June 1992 and the law of the Republic of Korea "On Korean National Human Rights Commission" of 24 May 2001. We make a conclusion that the National Human Rights Commission of Mexico and Korean National Human Rights Commission can be seen as an analogue of the ombudsman institution that is widely spread in European countries.
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Felipe Meier, Alef, Luane Flores Chuquel, and Ivo Dos Santos Canabarro. "Violações de direitos humanos dos povos indígenas na ditadura civil-militar brasileira." Revista Interdisciplinar de Direitos Humanos 11, no. 1 (June 16, 2023): 211–29. http://dx.doi.org/10.5016/ridh.v11i1.240.
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Resumo: O presente trabalho estuda as violações de Direitos Humanos dos povos indígenas na ditadura civil-militar brasileira. Busca-se trazer ao centro da pesquisa o contexto violatório aos Direitos Humanos em relação aos indígenas durante o período ditatorial, revisitando marcos históricos que antecederam ao início do regime militar. Nesta senda, antes mesmo de ser deflagrado o golpe militar no ano de 1964, os índios já sofriam constantes usurpações de seus direitos devido às irresponsabilidades comandadas na maioria das vezes, por aqueles que deveriam zelar por suas vidas. Conforme se verá, a violação e o desrespeito aos Direitos Humanos em face a estes povos acabaram se tornando comuns e ganhando força principalmente na implantação do regime militar. Negligentes tentativas de aculturação e “emancipação”, além de inconsequentes contatos com povos isolados, culminaram no esbulho e grilagem de suas terras. Processos de demarcações terrivelmente violatórias das áreas indígenas promoveram a expulsão de inúmeros povos, fazendo com que os índios caíssem vítimas da fome, mendicância, alcoolismo e prostituição. Tudo em nome do chamado “avanço econômico”, que visava à construção de estradas pelo país, naquilo que foi batizado de “ocupação da Amazônia”. Conforme frequentemente declarado pelas autoridades na época, a floresta Amazônica era vista e entendida como um “vazio populacional” pelo governo militar, fazendo com que os casos de violações aos Direitos Humanos fossem sistematicamente “legalizados”. A vida, a terra e a cultura dos povos indígenas ficaram em segundo plano. Consoante a esta breve narrativa, será através de uma pesquisa documental, amparada pelo método hipotético-dedutivo e, primordialmente construída pelo Relatório Final da Comissão Nacional da Verdade, além de estudos elaborados pelas Comissões Estaduais da Verdade, que se pretende atribuir destaque final à importância de divulgar as violações de Direitos Humanos como forma de resgate à tríade memória-verdade-justiça, para que para que não se esqueça e que nunca mais aconteça.
Violaciones de los derechos humanos de los pueblos indígenas en la dictadura cívico-militar brasileña
Resumen: El presente trabajo estudia las violaciones de los Derechos Humanos de los pueblos indígenas en la dictadura cívico-militar brasileña. Se busca traer al centro de la investigación el contexto vulnerador de los Derechos Humanos en relación a los indígenas durante el período dictatorial, revisitando hitos históricos que precedieron al inicio del régimen militar. En ese camino, incluso antes de que se desencadenara el golpe militar de 1964, los indígenas ya sufrían constantes usurpaciones de sus derechos debido a la irresponsabilidad comandada, la mayoría de las veces, por quienes debían velar por sus vidas. Como se verá, la violación y el irrespeto a los Derechos Humanos hacia estos pueblos terminó por volverse común y cobrar fuerza principalmente en la implementación del régimen militar. Negligentes intentos de aculturación y “emancipación”, además de intrascendentes contactos con pueblos aislados, culminaron en el despojo y acaparamiento de sus tierras. Procesos de demarcación de territorios indígenas terriblemente violatorios llevaron a la expulsión de innumerables pueblos, provocando que los indígenas fueran víctimas del hambre, la mendicidad, el alcoholismo y la prostitución. Todo en nombre del llamado “avance económico”, que pretendía construir carreteras en todo el país, en lo que se bautizó como la “ocupación de la Amazonía”. Como reiteradamente manifestaron las autoridades de la época, la selva amazónica era vista y entendida como un “vacío poblacional” por parte del gobierno militar, lo que provocó que sistemáticamente se “legalizaran” casos de violaciones a los Derechos Humanos. La vida, la tierra y la cultura de los pueblos indígenas quedaron en un segundo plano. De acuerdo con esta breve narrativa, será a través de la investigación documental, sustentada en el método hipotético-deductivo y, fundamentalmente construida por el Informe Final de la Comisión Nacional de la Verdad, además de estudios elaborados por las Comisiones Estatales de la Verdad, que se pretende dar énfasis final a la importancia de denunciar las violaciones a los derechos humanos como una forma de rescatar la tríada memoria-verdad-justicia, para que nunca se olvide y nunca vuelva a ocurrir.
Palabras clave: Derechos humanos. Dictadura cívico-militar. Pueblos indigenas.
Human rights violations of indigenous peoples in the Brazilian civil-military dictatorship
Abstract: The present work studies the Human Rights violations of indigenous peoples in the brazilian civil-military dictatorship. It seeks to bring to the center of the research the violating context of Human Rights in relation to indigenous people during the dictatorial period, revisiting historical milestones that preceded the beginning of the military regime. In this path, even before the military coup was triggered in 1964, the Indians were already suffering constant usurpations of their rights due to the irresponsibility commanded, most of the time, by those who should watch over their lives. As will be seen, the violation and disrespect for Human Rights towards these peoples ended up becoming common and gaining strength mainly in the implementation of the military regime. Negligent attempts at acculturation and “emancipation”, in addition to inconsequential contacts with isolated peoples, culminated in the dispossession and grabbing of their lands. Terribly violative demarcation processes of indigenous areas led to the expulsion of countless peoples, causing the Indians to fall victim to hunger, begging, alcoholism and prostitution. All in the name of the so-called “economic advance”, which aimed at building roads across the country, in what was baptized as the “occupation of the Amazon”. As frequently stated by the authorities at the time, the Amazon rainforest was seen and understood as a “population vacuum” by the military government, causing cases of violations of Human Rights to be systematically “legalized”. The life, land and culture of indigenous peoples were left in the background. According to this brief narrative, it will be through documentary research, supported by the hypothetical-deductive method and, primarily built by the Final Report of the National Truth Commission, in addition to studies prepared by the State Truth Commissions, that it is intended to give final emphasis to the importance of disclosing human rights violations as a way of rescuing the memory-truth-justice triad, so that it is never forgotten and never happens again.
Keywords: Human Rights. Civil-military dictatorship. Indian people.
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Byrnes, Andrew, Andrea Durbach, and Catherine Renshaw. "Implementing Human Rights in the Pacific through National Human Rights Institutions: The Experience of Fiji." Victoria University of Wellington Law Review 40, no. 1 (June 1, 2009): 251. http://dx.doi.org/10.26686/vuwlr.v40i1.5389.
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This article discusses the experience of the Fijian Human Rights Commission as an illustration of some of the challenges Pacific nations may face in achieving an independent and effective human rights institution in a complex and sometimes volatile socio-political context. The article argues that the presence of a supportive regional network of national human rights institutions is essential to creating and maintaining independent and effective national institutions.
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Ying Hooi, Khoo. "National Human Rights Institutions and ASEAN Intergovernmental Human Rights Commission (AICHR): Are They Complementary?" Malaysian Journal of International Relations 5, no. 1 (December 22, 2017): 66–75. http://dx.doi.org/10.22452/mjir.vol5no1.5.
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Uddin, Md Kamal. "Human Rights Abuses in Bangladeshi Policing: the Protection Capacity of National Human Rights Commission." Human Rights Review 18, no. 2 (February 4, 2017): 209–26. http://dx.doi.org/10.1007/s12142-017-0449-3.
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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 (May 31, 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 has the power of fundamental or fundamental power. Currently, there are violation cases that have occurred because many people still do not understand the violation cases so that it is easier for people to violate the rights of others. Protection and maintenance of human rights within a national institutional framework is established in an institution such as the Indonesian Child Protection Commission (KPAI), the National Commission for Women (Komnas Perempuan), the National Commission on Human Rights (Komnas HAM), and the Truth and Reconciliation Commission (KKR), was dissolved because the KKR might not be responsible and did not carry out its function properly. Currently, human rights law enforcement is carried out specifically through the judiciary, whose Human Rights Courts target serious human rights courts, and which have the authority to test the 1945 Constitution, namely the constitutional court. These rights are largely upheld by the Constitutional Court, and many unlawful decisions have been made. This decision has strategic value, so that it can protect the human rights of citizens.
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Azis, Arasy Pradana A. "BIROKRATISASI PENEGAKAN HAK ASASI MANUSIA PASCA REFORMASI MELALUI PEMBENTUKAN KEMENTERIAN URUSAN HAM DAN PENGUATAN KOMNAS HAM." Yurispruden 2, no. 2 (June 25, 2019): 119. http://dx.doi.org/10.33474/yur.v2i2.1876.
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ABSTRACTThe Reformation then became a momentum for improving the issues of upholding human rights in Indonesia, where human rights matters formally entered into the division of power. On the one hand, for the first time, a ministry was formed specifically to deal with human rights matters. While outside the executive body, Law No. 39 of 1999 strengthens the position of the National Commission of Human Rights which has actually been established since 1993. This phenomenon then raises a problem statement, on how bureaucratization of human rights after Reformation is manifested through the establishment of the National Human Rights Commission and the Ministry of Human Rights. It was found that each institution gained legitimacy from political dynamics in a more democratic public space. Between the state ministries for human rights and the National Commission of Human Rights, the principle of check and balances was carried out in their role as an organ of the Indonesian bureaucracy. On the one hand, the state minister for human rights is an extension of the executive's hand in managing human rights matters. As a counterweight, the National Human Rights Commission carries out the role of the state auxiliary bodies to monitor the government’s human rights work.Keywords: Politic of Law, Bureaucratization, Human Rigths, Ministry of Law and Human Rights Affairs, National Commission of Human Rights. ABSTRAKPeristiwa Reformasi menjadi momentum perbaikan urusan penegakan HAM di Indonesia, di mana urusan HAM secara formal masuk ke dalam pembagian kekuasaan negara. Di satu sisi, untuk pertama kalinya dibentuk satu kementerian yang secara khusus menangani urusan HAM. Sementara di luar lembaga eksekutif, Undang-Undang Nomor 39 Tahun 1999 menguatkan kedudukan Komisi Nasional Hak Asasi Manusia yang sejatinya telah terbentuk sejak tahun 1993. Fenomena ini kemudian menimbulkan satu rumusan permasalahan, yaitu bagaimana birokratisasi urusan HAM pasca reformasi termanifestasi melalui pembentukan Komnas HAM dan kementerian urusan HAM. Ditemukan bahwa masing-masing lembaga memperoleh legitimasi dari dinamika politik di ruang publik yang lebih demokratis. Antara kementerian negara urusan HAM dan Komnas HAM kemudian menjalankan prinsip check and balances dalam menjalankan perannya sebagai organ birokrasi Indonesia. Di satu sisi, kementerian negara urusan HAM merupakan perpanjangan tangan eksekutif untuk mengurus urusan HAM. Sebagai penyeimbang, Komnas HAM menjalankan peran sebagai state auxiliary bodies guna mengawasi kinerja HAM pemerintah.Kata Kunci: Politik Hukum, Birokratisasi, Hak Asasi Manusia, Kementerian Urusan HAM, Komnas HAM.
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Morfi, Rini Fitria, Arfiani Arfiani, and Feri Amsari. "Efektifitas Pemberian Hasil Rekomendasi Penyelidikan Komnas HAM Terhadap Dugaan Pelanggaran HAM Kepada Lembaga Negara." Lareh Law Review 1, no. 1 (June 13, 2023): 34–46. http://dx.doi.org/10.25077/llr.1.1.34-46.2023.
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Human rights are the basis of a country in forming all provisions in the life of the nation and state which are the natural rights of every human being. The establishment of the National Human Rights Commission as an independent institution, is also based on Article 28 of the 1945 Constitution of the Republic of Indonesia which confirms that; protecting, promoting, upholding and fulfilling human rights is the responsibility of the state. This article analyzes one of the functions of Komnas HAM, namely having the authority to investigate alleged cases of human rights violations and issuing recommendations based on the investigation. The purpose of this article is to find out the effectiveness of providing state institutions with the results of investigation recommendations by the National Human Rights Commission on alleged human rights violations. This article uses a research method. This type of empirical juridical research. The results of the study found that first, according to Law Number 39 of 1999 concerning Human Rights and Law Number 26 of 2000 concerning Human Rights Courts that in protecting and guaranteeing human rights, the National Human Rights Commission has a role and function of reviewing , research, counseling, monitoring, mediation, and has the authority to investigate alleged cases of gross human rights violations, as well as issue recommendations afterward. Second, the recommendations issued by Komnas HAM after the investigation was carried out were public law acts because they resulted in a legal relationship between Komnas HAM and the Government as the recipient of the recommendations and the substance of Komnas HAM's recommendations regarding the existence of a case of human rights violations and various solutions in its settlement as well as the results of recommendations issued by Komnas HAM does not have binding and coercive legal force like court decisions which have executorial value. For this reason, some recommendations from the National Commission on Human Rights were followed up by the target state agencies, some were not.
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Dinokopila, Bonolo Ramadi, and Rhoda Igweta Murangiri. "The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation." African Journal of International and Comparative Law 26, no. 2 (May 2018): 205–26. http://dx.doi.org/10.3366/ajicl.2018.0228.
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This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.
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Wolman, Andrew. "Protecting Victim Rights: The Role of the National Human Rights Commission of Korea." Journal of East Asia and International Law 2, no. 2 (November 30, 2009): 7. http://dx.doi.org/10.14330/jeail.2009.2.2.07.
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Lacatus, Corina. "Human rights networks and regulatory stewardship: An analysis of a multi-level network of human rights commissions in the United Kingdom." British Journal of Politics and International Relations 20, no. 4 (September 25, 2018): 809–26. http://dx.doi.org/10.1177/1369148118798529.
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Regulatory networks are increasingly important actors in multi-level systems of human rights governance. Yet we know little about the role that domestic networks play as intermediaries or about the strategies they use to integrate sub-national human rights institutions to ensure compliance at the local level. We draw on the theoretical literature on orchestration to conceptualise network governance and propose a new intermediary for the human rights governance, the multi-level network, which operates inside one country. We apply this theoretical model to the case of a multi-level network operating at the domestic level in the United Kingdom – Northern Ireland Human Rights Commission, Equality and Human Rights Commission, and Scottish Human Rights Commission. We discuss how the three commissions use the tools of managerial stewardship to facilitate intra-network collaboration and how they engage in hierarchical stewardship to gain access to international networks and take on a leadership role globally and regionally.
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Sing'Oei, Korir. "Engaging the Leviathan: National Development, Corporate Globalisation and the Endorois' Quest to Recover their Herding Grounds." International Journal on Minority and Group Rights 18, no. 4 (2011): 515–40. http://dx.doi.org/10.1163/157181111x598390.
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AbstractThis article examines in detail the recent landmark decision of the African Commission on Human and Peoples' Rights in Centre for Minority Rights Development & Minority Rights Group (on behalf of the Endorois) v. Kenya. In particular, the article analyses the extent to which the Commission has given a new and more "African" life to indigenous peoples' human rights in the continent. While engaging in a juridical exposition of various rights germane to indigenous groups within the African Charter on Human and Peoples' Rights, the article places this discourse in the context of globalisation whose (re)shaping of the state power has placed non-state corporations at the centre of development intervention with deleterious effects on insular groups.
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Agu, Benedict Okay. "Institutional Approach to Preventing and Countering Violent Extremism in Nigeria—National Human Rights Commission in Perspective." Amicus Curiae 4, no. 2 (March 6, 2023): 322–43. http://dx.doi.org/10.14296/ac.v4i2.5585.
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The article discusses the institutional approach to preventing and countering violent extremism through the role of the National Human Rights Commission, Nigeria. It uses primary and secondary materials to argue that extreme violent activities by the Boko Haram sect, armed bandits, kidnappers etc, have impact on the enjoyment of human rights by citizens and jeopardize peace and security, as well as threatening social and economic development. The article recommends that the average citizen in Nigeria ought to be given a reorientation to instil in them value for human life, property and dignity of the human person and patriotism to checkmate and prevent violent extremism in the country, among other recommendations.
Keywords: institutional approach; violent extremism; human rights; National Human Rights Commission, Nigeria.
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Liddicoat, Joy. "Human Rights Mechanisms in Small Pacific States: Implications for Dialogue about Regional Human Rights Mechanisms." Victoria University of Wellington Law Review 40, no. 1 (June 1, 2009): 279. http://dx.doi.org/10.26686/vuwlr.v40i1.5390.
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This article draws on research conducted by the New Zealand Human Rights Commission and the Pacific Islands Forum Secretariat in regard to opportunities and challenges for national human rights mechanisms in small Pacific states. The author uses this research to highlight some of the issues and concerns in regards to the development of a regional human rights initiative. Suggestions are provided for the process to be used when engaging in dialogue regarding the implementation and development of a regional human rights mechanism.
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Gilbert, Jérémie. "III. INDIGENOUS PEOPLES' HUMAN RIGHTS IN AFRICA: THE PRAGMATIC REVOLUTION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS." International and Comparative Law Quarterly 60, no. 1 (January 2011): 245–70. http://dx.doi.org/10.1017/s0020589310000746.
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The definition and scope of indigenous peoples' human rights are usually contentious in the context of Africa.2While in recent years indigenous peoples' human rights have expanded immensely internationally, in Africa indigenous peoples' rights are still perceived to be in their infancy.3At the United Nations, the group of African States delayed the process that finally led to the adoption of the United Nations Declaration of the Rights of Indigenous Peoples in 2007 (UNDRIP).4At a national level, most of the States in Africa are still reluctant to recognize the specific rights of indigenous peoples.5Until recently, the African Commission on Human and Peoples' Rights (the Commission), the leading human rights institution for the continent,6had kept a low profile on the issue and had ‘not always interpreted indigenous peoples’ rights favourably'.7From this perspective Commission regarding the communication submitted by the indigenous Endorois community against Kenya casts new light on the rights of indigenous peoples in Africa.8The decision, which has already been hailed as a ‘landmark,’9touches on several crucial issues regarding the development of indigenous peoples' human rights in Africa. This groundbreaking decision did not materialize unexpectedly but is part of a wider evolution of the Commission regarding indigenous peoples' human rights in Africa. It echoes the work of the Commission's own Working Group of Experts on Indigenous Populations/Communities (Working Group) which was established in 2001 with the mandate to focus specifically on the promotion and protection of the rights of indigenous peoples in Africa.10The mandate of the Working Group is to examine the concept of indigenous communities in Africa, as well as to analyse their rights under the African Charter on Human and Peoples' Rights (African Charter).11In 2003 the Commission adopted the report of the Working Group which proposes several avenues for the recognition and promotion of indigenous rights in Africa.12The adoption of an Advisory Opinion by the Commission to support the adoption of UNDRIP marked another step toward the affirmation of indigenous peoples' rights in Africa.13The Advisory Opinion not only participated in unlocking the reluctance of the group of African States to adopt the UNDRIP, but also reflected developments taking place at the international level on the rights of indigenous peoples as well as their connection to the continent. Remarkably, in recent years, the Commission has started to refer to indigenous peoples' rights in its examination of States' periodic reports.14All these factors and the recent decision of the Commission in the Endorois case indicate the emergence of a consistent jurisprudence on indigenous peoples' rights in Africa.
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Hosie, Alison, and Michele Lamb. "Human Rights and Social Policy: Challenges and Opportunities for Social Research and Its Use as Evidence in the Protection and Promotion of Human Rights in Scotland." Social Policy and Society 12, no. 2 (August 29, 2012): 191–203. http://dx.doi.org/10.1017/s1474746412000395.
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This article is the result of a joint project conducted by University of Roehampton and the Scottish Human Rights Commission, undertaken between March 2010 and April 2011. The article describes the methodological challenges encountered in the data collection phase of the project and addresses the conceptual relationship between social science and human rights research. It argues that social policy and social sciences research has an important contribution to make in the promotion and protection of human rights and demonstrates the use of the Research in Scotland's National Action Plan for Human Rights, being prepared by the Commission during 2012–13.
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Murray, Rachel, and Debra Long. "Monitoring the implementation of its own decisions: What role for the African Commission on Human and Peoples' Rights?" African Human Rights Law Journal 21, no. 2 (December 31, 2021): 1–17. http://dx.doi.org/10.17159/1996-2096/2021/v21n2a33.
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The African Commission on Human and Peoples' Rights in recent years has put in place various measures to monitor the implementation of its decisions on individual communications. These include a series of panels and seminars, amendments to its Rules of Procedure, extending the mandate of its Working Group on Communications, clarifying more expressly roles for national human rights institutions and civil society organisations, and calling on states to establish focal points and other procedures at the national level. This article considers the effectiveness of these measures and critically evaluates the role of the African Commission in monitoring the implementation of its decisions. The article draws on the findings of a four-year research project conducted by the University of Bristol's Human Rights Implementation Centre, in collaboration with the Centre for Human Rights at the University of Pretoria; the Human Rights Centre at the University of Essex; and the Middlesex University. This project tracked the implementation of selected decisions on individual communications, from the regional and UN human rights bodies, against nine countries from Africa, the Americas and Europe. These decisions were used as case studies to identify and examine the processes in place at the national, regional and international levels, to monitor and facilitate implementation. Among the themes explored was an examination of the extent to which there may be a difference in the discourse and behaviour of various domestic actors depending on which body issued the decision. In relation to decisions of the African Commission, this research identified that while there has been increased attention paid by the Commission to the issue of monitoring the implementation of its decisions, it nevertheless lacks strategic direction and there is a risk that the momentum and opportunities created by these initiatives will be lost without further strategic and institutional development by the Commission to clarify its role.
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MUDZHAR, M. ATHO. "Instrumen Internasional dan Peraturan Perundangan Indonesia tentang Kebebasan dan Perlindungan Beragama." Dialog 32, no. 2 (October 22, 2017): 6–15. http://dx.doi.org/10.47655/dialog.v32i2.137.
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This article assures that the Indonesian government has committed to uphold human rights issue after the official ratification of several national and international conventions on human rights. As well, several decrees and constitutions have been implemented. Following this, the Indonesian commitment, therefore, as argued by this article has been on the rigth track in its effort for upholding the human rights convention particularly on religion. In doing this, the Indonesian government has founded the national commission on human rights which is in charge of monitoring the implementation of human rights in Indonesia.
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Dohyun Kim. "Five-Year Appraisal of the National Human Rights Commission of Korea." Democratic Legal Studies ll, no. 33 (March 2007): 35–58. http://dx.doi.org/10.15756/dls.2007..33.35.
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Boyle, Elizabeth Heger, and Melissa Thompson. "National Politics and Resort to the European Commission on Human Rights." Law & Society Review 35, no. 2 (2001): 321. http://dx.doi.org/10.2307/3185405.
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Septiono, Aris. "REFORMULATION OF THE INSTITUTIONAL FUNCTIONS AND AUTHORITIES OF THE NATIONAL COMMISSION ON HUMAN RIGHTS." Journal Philosophy of Law 3, no. 7 (July 26, 2023): 74. http://dx.doi.org/10.56444/jpl.v3i7.4212.
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<p><em>The handling of serious human rights violations has become a strategic and prioritized issue for the National Commission on Human Rights (Komnas HAM). This conceptual article aims to evaluate law enforcement efforts regarding cases of serious human rights violations handled by Komnas HAM and identify the obstacles and challenges faced in the process of resolving these cases. The research findings indicate that Komnas HAM has completed investigations into 12 cases of serious human rights violations and forwarded them to the Attorney General's Office as the investigator and public prosecutor. However, the legal process for these cases has stagnated, especially those already decided by the Ad Hoc Human Rights Court, such as the cases of Timor Timur, Tanjung Priok, and Abepura, where the defendants were eventually acquitted. The main challenges faced are the limited willingness and capacity of the Indonesian State to resolve cases of serious human rights violations. Additionally, weaknesses in legal aspects and the political will of the Government and Law Enforcement Agencies also influence the law enforcement process concerning serious human rights violations. Therefore, the novelty offered lies in the importance of a comprehensive evaluation of respect, protection, and fulfillment of human rights as a critical step to enhance the effectiveness of law enforcement regarding serious human rights violations. A reassessment of strengthening Komnas HAM's authority is required to ensure legally binding measures and clear consequences for those who do not comply with Komnas HAM's recommendations.</em></p>