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This contribution addresses some bioethical and medico-legal issues of the opinion formulated by the Italian National Bioethics Committee (CNB) in response to the dilemma between the State's duty to protect the life and health of the prisoner entrusted to its care and the prisoner's right to exercise his freedom of expression. The prisoner hunger strike is a form of protest frequently encountered in prison and it is a form of communication but also a language used by the prisoner in order to provoke changes in the prison condition. There are no rules in the prison regulations, nor in the laws governing the legal status of prisoners, that allow the conscious will of the capable and informed subject to be opposed and forced nutrition to be carried out. However, this can in no manner make therapeutic abandonment legitimate: the medical doctor should promote every action to support the patient. In the recent opinion formulated by the CNB it was remarked how self-determination is a central concept in human rights and refers to an individual's ability to make autonomous and free decisions about his or her life and body. [ABSTRACT FROM AUTHOR]

In certain societies, patriarchy has excluded for long time women from the domain of culture and politics, by exploiting an androcentric discourse : a woman cannot be a heroine-narrator, nor have her own story to tell, nor a public life, nor play politics in the same way as a man. In few words, she is deprived of any civil rights. The present work highlights the deconstruction of such a hermeneutic heresy by the committed feminist Maria Teresa León in Memoria de la melancolía, her life story where, through the reconstruction of social codes, sheds light on another image of a multidimensional and exceptional Spanish woman from the Spain of the Second Republic, the civil war, the Franco dictatorship and exile. Theories of autobiography and feminist theories of egalitarianism from the 1950s allow us to understand that feminism, advocated through the life of this political and literary woman, constitutes a vibrant testimony to imbibe the conquest of freedooms and of the emancipation of woman in a field essentially dominated by a phallocratic system. It also emerges from this analysis that, in the face of misogynistic stereotypes, she expresses full and complete idea of creative, brillant, conquering, rebellious woman, who enjoys the right to school, to work and to politics since her fight is based on the emergence of a world that is passionate about greater social justice, the development of people and all other social marginalized people.

The Organization of Islamic Cooperation (OIC) is a collective voice of the Muslim world in the modern era. It seeks to put together the efforts of Muslims, their capabilities and resources to achieve the advancement and development as well as to find a privileged position for its member States in the international arena. The organization is keen to promote and disseminate a culture of human rights amongst its Member States. In this research, common aspects between the Charter of the Organization of Islamic Cooperation and the International and Regional Charters of human rights are reviewed. The articles in the charter of the Organization where concern is shown to spread a culture of peace and security at all levels as well as promotion of values like justice, equality, the right to self-determination, acquisition of knowledge, protection of environment, more empowered women and the like. The rights stated in the international and regional human rights charters are almost the same. The research focuses the need to ensure sustainable co-existence and harmony through reviewing national constitutions and parameters for joint work with better regional and international cooperation through conventions like the Charter of OIC and its implementation through parliamentary, national and municipal committees.

In the Holy Quran, a strong emphasis has been placed on the dignity of human beings. There are two verses in the Quran that discuss the differences between humans and other creatures. In this article, we have tried to interpret these two verses using free selection of virtues and goodness as the criterion for human dignity that was obtained in our previous research. In the verse of trust, unlike other creatures, man accepts a trust that informs us about his cruelty and ignorance. However, if we consider this trust as freedom of choice, it can also imply injustice and ignorance alongside justice and wisdom for humans. In the verse of succession, angels tell God that human as vicegerent on earth leads to corruption and bloodshed. God does not deny this, but reminds the angels of the existence of pure ones. If we consider freely choosing goodness the differentiating factor between humans and other creatures the angels accurately refer to the possibility of creating corruption and bloodshed. However, they did not see the value of voluntary goodness compared to their own compulsory goodness.Therefore, by considering freely choosing goodness as the criterion for human dignity, these two verses can be easily interpreted.

Water is the most important element presented by the creator in the midst of this world, the presence of water can help meet needs and create prosperity for the community, especially the availability of appropriate sanitation and clean water. However, in this case the state represented by the government to exercise power for the realization of people's welfare, sometimes has an apathetic attitude and action towards guaranteeing human rights, in the form of fulfilling the right to clean water for its people. This is especially felt by the people in Kutai Kartanegara district, East Kalimantan province, where local people receive water supply from the government that is not of poor quality because the water that flows to their homes is not clear but has a murky color and sometimes contains mud. Meanwhile, this research was carried out using a normative juridical research method, with a statutory and philosophical approach, through collecting primary and secondary legal sources, and then analyzing it using a qualitative descriptive method . The conclusion in this study is that the guarantee of human rights in the form of fulfilling clean water cannot be felt optimally and comprehensively by the people in Kutai Kartanegara district, East Kalimantan province, clean water is a human right that needs to be guaranteed by the state for community needs, both for household needs and industrial needs. and other needs that cannot be separated from clean water. Konstitusion of concerning health emphasizes that people have the right to enjoy clean and healthy water, in this case what is related to the author's research is that the water that flows in people's homes in Kutai Kartanegara district does not meet clean water standards. so that the community's rights in the aspect of clean water to meet their needs and guarantee their health are still being neglected by the state, in this case the government.

El presente estudio aborda las representaciones sociales del profesorado en formación de ciencias sociales, principalmente desde una perspectiva de la libertad de expresión. Es fundamental abordar esta temática, sobre todo cuando en la actualidad se ha evidenciado el resurgimiento de los populismos y una crisis democrática relacionada a la libertad de expresión. La investigación se posiciona desde una perspectiva cualitativa a través del estudio de caso. Se utiliza como técnica de producción de datos un dossier de actividades, grupos focales, narrativas biográficas y entrevistas. En relación con los principales resultados, se puede decir que, al igual que el profesorado en formación, Ramírez et al. (2017), han planteado que no se debe dejar de lado la protección a las personas que, si bien ha de existir una libre expresión, ésta no se puede validar si atenta en contra de las libertades fundamentales, en este caso de la dignidad de las personas expuestas en los medios de comunicación. Lara et al. (n.d.), también están de acuerdo con que, más allá del ámbito legal, el derecho a la privacidad es válido y que, como tal, se debe respetar y aplicar las sanciones que correspondan, ya que básicamente no respetar la privacidad de las personas es inmiscuirse en su vida privada.

The 20th century was marked by mass murder and crime to humanity, such as genocide, war crime, and ethnic cleansing, resulting in tens of millions of deaths throughout the world. While the objective of establishing the United Nations in 1945 aimed at preventing such crimes, mass murders kept on occurring, as the cases in Bosnia and Rwanda in 1990s. The responsibility to protect (R2P) concept emerged as a response to these failures, by proposing that the sovereignty of a country should be based on the responsibility to protect its citizens, rather than the right to take actions without any intervention from the international world. This research aims at exploring the R2P concept as an attempt to protect human rights in the international humanitarian law context by analyzing the relevant literature and legal norms to discover how this concept can be the basis for protecting human rights under conflict situation and four mass violations of human rights. It used normative legal research method based on international law framework. Two approaches were used, namely conceptual and comparative ones. The research results indicated that R2P concept was the best alternative for humanitarian intervention to protect mankind from such crimes as genocide, ethnic cleansing, and crimes against humanity. In an intra-country conflict, the international community was responsible through preventive and military intervention attempts. The R2P concept was also relevant in international humanitarian law since it gave a clear framework in protecting human rights and preventing mass crimes, especially in relation to the use of military power.

The article analyzes the status and activities of international non-governmental organizations, as well as phenomenon of social economy, social entrepreneurship and models of interaction and its promotion by international intergovernmental organizations. The ideology of social entrepreneurship is widespread – entrepreneurial activity that is focused on solving social problems, using innovative methods and technologies worldwide. Despite the sufficient popularity of the idea of social economy in the world, there are no clear boundaries for the term «social entrepreneurship», which is an obstacle to the institutionalization of this phenomenon in many countries. The terms «social entrepreneurship» and «social economy» were introduced by the international intergovernmental organizations as well as by the national legal regulation. An analysis of various international and regional approaches has shown that social entrepreneurship in scientific papers is considered in a narrow and broad sense. The article analyzes different international and regional models of regulating the social entrepreneurship projects activities, providing examples from America, European and post-Soviet countries. The final conclusion is that the INGOs and IIGOs are interacting. Social enterprises can play a key role in addressing pressing social and environmental challenges and supporting inclusive growth. Moreover, they can create new employment opportunities, especially for vulnerable groups of population especially in the context of the UN Sustainable Development Goals.

Backlog issues were the main problems during the pandemic. Samarinda City Government istrying to overcome this by presenting affordable housing with the concept of the welfare state (wohlfahrtsstaat). However, this has not been realized, especially for the homeless and People with Social Welfare Problems (PMKS). This study aims to analyze the Samarinda City Government’s effort to overcome the backlog issue to fulfill the right to decent housing for PMKS. This research used a juridical normative method by statute and a case study approach with legal sociological. The results show the housing rights fulfillment in Samarinda City has not been fulfilled as a crucial issue to mitigate the spread of Covid-19. The policy implications are still in conflict with constraints such as land availability and are not yet equity-oriented. It is necessary to synchronize policy arrangements with the fulfillment of rights through human rights conventions which are ratified by the Samarinda City Government on availability, affordability, and sustainability aspects.

This article, grounded in ecofeminism, considers the earth as symbolising women and girls and the liberation of women and girls as the liberation of the earth. When the environment is liberated from abuse, its capacity to sustain human life is enhanced. In the same way, when women and girls are freed from all forms of oppression and exploitation and are allowed to be self-actualising people, their capacity to contribute meaningfully to sustainable development and human welfare is enhanced. Given that women and girls play key culturally prescribed roles such as being carriers of life through childbirth, nurturing, caregiving and serving as pillars of the home, their oppression and exploitation stifle their contribution to societal development, thereby curtailing sustainable development. Similarly, abuse of the earth results in environmental crises such as floods, droughts, famine, heat waves and global warming, resulting in the earth’s diminished capacity to sustain life. This study was based on literature review and informal interviews involving participants from three churches (the Reformed Church in Zimbabwe, the Apostolic Faith Mission in Zimbabwe and the Johanne Marange Apostolic Church). This article examined the extent to which religion can empower women to participate in public activities including environmental management, epitomised by the way women and girls in the selected churches are perceived and treated. It is concluded that religion can be both liberating and binding to women and girls and, by implication, Mother Earth. Contribution: This article highlights parallels between females and Mother Earth, using the treatment of women and girls in three churches as the springboard of the discussion. It considers how far such treatment can promote their participation in public spheres that include taking care of and managing the environment.

Research looking into the day-to-day lives of people with intellectual disabilities (ID) is on the increase in Africa. However, not enough is being done to include people with ID as active contributors to this research through inclusive approaches. Inclusive research empowers people with ID as they have the agency and autonomy to speak for themselves and they are given an active voice in the research process and outcomes. This leads to services that cater for what matters to people with ID themselves as opposed to having their needs defined by other people. The common myths and misconceptions attached to ID in Africa, which increase stigma towards people affected by this type of disability can be abated by their visibility in research and evidence of their ability to express themselves. This article makes a call to researchers on the African continent to include people with ID in research as active contributors to the research and not simply as research subjects or respondents. A background is given of global developments that have occurred in inclusive research based on the literature and the author’s personal experience, which African researchers can learn from while taking cognizance of the specific needs of their own contexts. This is followed by highlighting the gaps in Africa. The article ends with a discussion of possible reasons for a lack of inclusive research in Africa and suggestions and recommendations to address this gap.

The Covid-19 pandemic has increased the need for mental health services in Indonesia. However, the government hasn’t prioritized the mental health aspect in handling the pandemic. The WHO has stated that the COVID-19 pandemic has created a worldwide mental health crisis. This article aims to examine whether the fulfillment of mental health is the state's responsibility, what is the urgency of the fulfillment of mental health services and how is the ius constituendum for the fulfillment of the right to mental health services in Indonesia. By combining doctrinal research and Research-Oriented Reform, this article finds that based on the UDHR, ICESCR, 1945 Constitution of the Republic of Indonesia, Health Law, and Mental Health Law stipulate that the fulfillment of mental health services is the state’s responsibility. However, Indonesia law hasn’t fulfilled facilities and access to mental health laws. Therefore, the article recommends three things. First, Promulgate the Psychology Practice Bill which regulates the development and management of human resources in the psychology profession. Second, Ratify the Government Regulation of the Mental Health Law regarding the procedures for implementing mental health services. Third, Ratify Regional Regulations to regulate mental health administration’s planning, financing, and supervision.

The frightening global situation due to the COVID-19 pandemic has caused various problems related to health conditions, including mental health crisis. The fulfillment of mental health as part of human rights is a logical consequence of the ratification of the International Convention on Economic, Social, and Cultural Rights by Indonesia. The State as the duty bearer is obliged to fulfill, protect and respect every existing human right, including the right to health. This research aims to examine the relation between the regulation of the human right to health and the right to mental health and the State’s responsibility through the implementation of the fulfillment of mental health rights. The method used is doctrinal legal research. The result of the analysis found that the mental health right is an integrated part of the right to health with the main responsibility for fulfilling it is the State’s obligation according to the current constitution. There are several forms of substantial efforts by the State to fulfill it. Those implementation forms require efforts to increase and equalize facilities by the State to fulfill mental health right maximally.

Technology is advancing at an exponential rate, and artificial intelligence has become a contentious issue of the day. A plethora of fields influencing human life has been impacted by artificial intelligence, whereas the development of artificial intelligence has opened Pandora’s box of legal concerns. Several international organizations, including the United Nations, have identified gender equality as an indispensable constituent of the protection of human rights. The voyage of gender equality has seen a long phase of struggle and persists. This paper aims to analyze, in what manner artificial intelligence is affecting gender equality, raising concerns on the issues regarding the role played by the United Nations in securing gender equality through conventions and resolutions, is artificial intelligence capable of posing a threat to gender equality and what measures can be implemented to secure gender equality about artificial intelligence.

The East Timor obtained its independence though a referendum conducted by the United Nation (UN). The constitution of the Democratic Republic of Timor Leste (RDTL) officially enacted on 20th of May 2002. The language clause with the constitution, article 13 states that the official language of East Timor is Tetun and Portuguese. Based on the language clause mention above, the government of East Timor puts a policy in place, obligated all level of educational system to only use Portuguese in their activity. This policy, however, gets fierce rejection especially from private educational institutions because of its inconsistency with the new reality According to the data from the United Nation (UN), actually, only less than 5 persent of the Timorese speaks Portuguese. in this research, there are 2 legal issues emerged. The first is about the language as a constitutional right of citizens. Secondly, use of Portuguese language in the education system in East Timor to human rights?. To analyze the legal problems, this research utilizes the qualitative and legal method. And, it can be successfully proved that the implementation of language clause of East Timor The government policy does not consider the legal principle of proportionality justice and then to be discriminative for Timorese who use Tetun and other national languages, which are important to be developed by the nation as wel. The conclusion that the use of Portuguese language violated constitutional rights and impedes the quality of education.

Human right is a concept that is upheld in Islam. His spirit is contained in the Qur'an, one of which discusses religious freedom. This paper was written to answer the question of how is the concept of religious freedom in the interpretation of the Qur'an? This study used maudhu'i method with a linguistic approach. From this search, it was found that the basis of the concept of human rights to guarantee religious freedom is in QS. Al-Baqarah (2): 256. The law that was born from this verse is valid forever. There is no compulsion for other than Muslims to embrace Islam, because the truth is something that should not be forced, even if there are people who do not believe in the truth in Islam, it still will not change the fact that Islam is the true religion. Humans are given the capacity to think and choose with the gift of reason, it is appropriate for humans to determine their own path and be responsible for the consequences of that choice.

In today world, the philosophy of Shari'a and how the Shari'a (fixed matter) interacts with social issues (in most cases the changing variable matter) as well as the division of religion and Shari'a are among the most important concerns and preoccupations of Muslim thinkers. It is obvious that how to read the text (religious text) and pay attention to its principles, spirit and purposes, is effective in the method that religion and Sharia are related to reality In this regard. one of the issues that has led to many different approaches among Muslim thinkers is the position of women's rights in Islamic law. Among the religious thinker who have dealt with the above-mentioned subjects is Tahir Haddad, a Tunisian thinker, writer and literate. In this article, his teachings are explained by using a descriptive-interpretive method. In connection with the present issue, Tahir Haddad, with a special reading of Maqasid theory, has criticized the views based on jurisprudential formalism, and has made a substantial distinction between the spirit of religion and its goals and the form of rulings; According to the principles and the spirit that governs it, and in the meantime, recognizes the constancy of religion from its variables. In relation to women's rights, he believes in equal rights for men and women; What is more, the goal and spirit of Islam is in the direction of achieving freedom and equality among human beings, and accordingly, while considering the purposeful interpretation and reading, it considers all forms based on inequality between human beings contrary to the spirit and goals of religion and sharia.

The junction between the memory of violence of the past and fictional registry is a dimension of post-dictatorial society's cultural dynamics. While the testimonial narrative is dominant in the literary sphere, the archive as a repository of memory and documental inscription, with the capacity to iterate and transit from one social field to another, challenges regimes of truth and lineal temporality of official memory. This article identifies, characterises and compares the way in which records are employed in contemporary Chilean post-dictatorship narrative. The archive enables us to problematise and contextualise the relation to the recent dictatorial past and the opening up of new fields of reflection. The incorporation of records in four recent Chilean post-dictatorship novels (Puño y Letra by Eltit; Sprinters, Los Niños de Colonia Dignidad by Larra; La Dimensión Desconocida by Fernández and Monte Maravilla by Lafferte) is achieved through quotes or theme development. Such resources bring to light the fascination as well as the scepticism that archives generate in literature, as well as their effectiveness for expressing the intricate, and even contradictory, mechanisms of memory. [ABSTRACT FROM AUTHOR]

As a part of its specific policies, the EU creates and implements numerous restrictive measures against different subjects. In recent years, the most interesting ones, especially from the perspective of the Court of Justice of the European Union (CJEU), have been the autonomous restrictive measures against natural and legal persons and other non-state entities within the Union`s Common Foreign and Security Policy (CFSP). After years of legal wandering in this regard, the Lisbon Treaty finally offered an explicit legal basis for this kind of measures, envisaging, as well, for the first time, the CJEU`s jurisdiction in the field of CFSP in some cases, including the one related to reviewing the legality of decisions providing for restrictive measures against natural or legal persons adopted by the Council of the EU on the basis of Chapter 2 of Title V of the Treaty of the European Union. In this regard, the subject matter of this paper are the activities of the EU courts related to the autonomous restrictive measures against individual subjects, analyzed at several relevant although inseparable levels. The first one considers the intention of the CJEU to "use" the situation regarding the autonomous restrictive measures in order to strengthen its position and competences within the CFSP. The second one is oriented to the efforts of the courts to secure the balance between the effectiveness of the CFSP instruments, on the one hand, and the protection of some of the major principles and values of the EU legal order, on the other hand, such as the rule of law, legal certainty, effective judicial protection or the protection of human rights as guaranteed by the EU Law in general. Thirdly, a very important step in this context has been the jurisprudential identification of the key procedural requirements that the Council`s decisions providing for restrictive measures must fulfill as well (aka the designation criteria, statements of reasons criteria and supporting evidence criteria). By constantly insisting on the fulfillment of these criteria, the EU courts exerted a pressure on the Council to improve its decisions providing restrictive measures in a qualitative manner. Recent jurisprudence, such as the Rosneft or Bank Refah Kargaran cases, shows that there is still enough space for the Court`s interventions in this field, and that some interesting Court`s decisions, related to its position within the CFSP or the general relation between the CFSP and other forms of Union`s external activities, could be expected in the years to come.

This chapter provides an overview of the international legal framework for the climate change liability of transnational corporations. It uses a dual perspective: on the one hand, it addresses the interaction between international law and domestic law and, on the other hand, it examines the extent to which this liability is required under international law. Based on the assumption of the lack of international subjectivity of transnational corporations, the response of conventional international environmental law is presented first. It examines then some of the issues raised by the exercise of extraterritorial jurisdiction in the enforcement of this liability. Next, the question of the liability of transnational corporations is raised from a complementary approach, which operates in the sphere of international human rights law. Finally, due to its particular characteristics, a succinct approach is also made to the European Union. [ABSTRACT FROM AUTHOR]

La violencia económica, mirada desde la mujer que ha sido víctima, ha tenido mayor trascendencia desde la expedición de la Ley 1257 de 2008, sin embargo, ha sido objeto de excepcionales pronunciamientos judiciales, administrativos, y se ha omitido analizar desde otros factores que terminan incidiendo en la misma y generando nuevas violencias, como la inasistencia alimentaria. Aspectos como el divorcio, la disolución de la sociedad marital de hecho, la ruptura sentimental de una relación de noviazgo bajo la cual se ha procreado descendencia, y en términos generales la suspensión de la vida en común de los padres son la causa por las que se denomina como una nueva forma de violencia económica, aspectos a los cuales se les deben sumar, los sentimientos egoístas, egocéntricos y faltos de sentido común del alimentante o inmadurez e insensatez de uno de los progenitores. El legislador se ha quedado corto al momento de definir las diferentes formas de violencia económica de las que puede ser víctima una persona y ha desconocido la inasistencia alimentaria como integrante de esta, por lo que es necesario replantear las diferentes concepciones que al respecto ha tenido la jurisprudencia, la doctrina y el derecho comparado, a efecto de determinar la oportunidad y necesidad de la inclusión de la inasistencia alimentaria, como factor generador de violencia económica.

Human rights as a universal approach have various dimensions which are defined as children’s rights and including the right to happiness. This approach, particularly with the advent of universal declaration and convention on protecting children’s rights has become more common. The main purpose of this study is to look at the right to happiness of children as one of the important manifestations of human rights in contemporary era. Accordingly, the main question of this research is what are the most important strategies for realization of the right to happiness of children? In this regard, it seems that paying attention to the characteristics and behaviors of children friendly nature, providing conditions for children’s social participation, creating conditions to form children Friendly City is one of the strategies that can pave the way for children to achieve happiness. Meanwhile, reducing the role of men in building urban spaces and paying attention to emotional and emotional characteristics of children in designing social, educational and urban environment can be considered as a kind of support for children’s happiness based on universal human rights approaches. According to the aim of the present study, the descriptive - analytical approach has been chosen as the method of the present study which has collected the relevant information by the documentary and library method. Please Cite This Article As: Toutounchian, M (2020). “The Right of Happiness for Children, the Manifestation of Human Rights in Modern Times”. Journal of Interdisciplinary Legal Researches, 1 (1): 55-66.

The key problem addressed in the paper is that of the legal pluralism, more specifically the pluralism of legal systems within one state that pursues the accommodation of religious freedom claims. In its controversial Refah decisions the Strasbourg Court held that the prohibition of the Turkish Welfare Party was “necessary in a democratic society” because its plan to set up a plurality of legal systems was not “compatible with fundamental democratic principles”[1]. This paper tries to inquire into the notion of legal pluralism, tries to test normative assumptions made by the Court in its regard and argues that a “no plurality” approach would be overly simplistic and that a liberal approach would require different degrees of pluralization (some of which already exist to accommodate differences and diversity within a society) to be extended to religion, without however endangering constitutional democracy. It is necessary to point out at least two major theoretical contexts in which this problem should be considered. One is undoubtedly the issue of ‘militant’ democracy: once we assume that constitutional democracy and legal pluralism are incompatible, we give a (part of) definition of democracy, which entitles us to reject any changes proposed to it while retaining the claim to be democratic. If we know what is democracy in a substantive sense, which values it is designed to protect (e.g. secularism or fundamental rights) we can legitimately reject any changes to that vision as a measure protective of such values[2]. Another context that is relevant is the issue of universality and cultural relativism. It first appears when we attempt to define democracy as a substantive notion, which necessarily assumes a value judgement. It also becomes relevant if we mind that the rationale of legal pluralism is the necessity to recognize, respect and tolerate different views and visions of ‘happiness’. In its pure form the idea of relativism and legal pluralism is represented in the classical version of state-centered international law system, where states posses equal and unlimited internal sovereignty[3]. However even within the State any kind and instance of legal pluralism is about the respect and tolerance of the different normative values and views. Only straightforward consensus on all the rules and values as universal can justify total rejection of legal pluralism. The paper will start by an attempt to clarify the understandings of legal pluralism in social sciences and law. The second part will try to construe a liberal argument in favor of advancing legal pluralism to a certain degree, basing on the individual right to freedom of religion and conscience. Instead of relying on the ‘collective rights’ argument, it rather believes that individual rights provide a sufficient basis for this claim, as far as religious life and consciousness are deemed an important part of individual personality and self-determination. The third part tries to balance the claims of legal pluralism by considering arguments against such a model of society.

My study is about the Islamic reservations to the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) and their compatibility under the regime of the Vienna Convention on the Law of the Treaties (VCLT). It is focused in the substantive reservations invoking Shari’a Laws entered by some Muslim countries to the central articles of the Convention which are, therefore, impermissible as incompatible whit the object and purpose of the Convention. I highlight the paradox of maximizing the Convention’s universal application at the cost of compromising its integrity and how substantive reservations to the CEDAW provisions, tolerating discrepancy between states’ laws and practice and the obligations of the Convention, pose a risk to the achievement of the Convention’s goals. I also question if the compatibility criterion of the VCLT is effective in view of acceptance of some substantive reservations of a derogatory nature I consider that the “object and purpose” test is subjective, the practice by the objecting states is not uniform and that looking at those which are (or are not) the objecting states in respect of a particular reservation, it is evident how political or extralegal considerations intervene when states evaluate the compatibility of reservations. I especially focus on the paradox of the objections to a reservation which have the same effect as an acceptance when the objecting and reserving states are still maintaining treaty relation. Therefore, there is no difference in the legal effects of a reservation accepted and one objected without opposing the entry into force of the treaty between itself and the reserving state. I further analyze how reservations invoking Shari’a Law entail conflicting norms (freedom of religion and equality rules). Recalling the view of the “balancing of interest” I argue that it could be a reasonable approach, but in practice it is difficult to find some sort of equilibrium not prejudiced against women. I then analyze if these reservations are suggestive of a wider ideological conflict between women’s rights enunciated in Islam and the ones formulated under the human rights treaties, and how they are representative of the women’s situation in the reserving states. I question what are the motivating factors behind the decision to reserve and if the reservations should be seen in the broader political and socio-economic perspective of domestic and international context? I then ask if the States ratify the Convention affording its objectives as a real commitment or if they only do so at political opportune moments? I consider that is not Islamic religious beliefs, but evolving political situations which are the determinant factors in making these kinds of reservations. I finally analyze the work of the CEDAW Committee considering its efforts disappointing as many of the new Muslim states parties did not pay attention to the criteria set out by the Committee, continuing to enter either very general reservations or reservations to specific substantive articles. The new states parties with a predominantly Muslim population referred to the Islamic Shari’a Law as prevailing over the Convention without mentioning any specific articles, clearly not following the Committee’s recommendations in the formulation of impermissible reservations.

The rate of sexual violence against children in Indonesia is very alarming. Perpetrators of sexual violence against children are usually adults close to the victim, including family members and neighbors. Sexual violence is a violation of human rights. Sexual violence deprives the victim of security and protection, the right to prosper physically and spiritually, the right to be free from torture or treatment that demean human dignity, and the right to live. Chemical castration stipulated in Law No. 17 of 2016 is a form of punishment that is not under criminal law policy in Indonesia, which is based on Pancasila and the 1945 Constitution. Chemical castration formulated in Article 81 Paragraph (7) is not following the values of Pancasila, especially the first principle, namely belief in One and Only God, and the second principle, just and civilized humanity. Substantially, the castration penalty causes an individual to lose the right to continue the lineage and fulfill basic needs as guaranteed in Article 28B paragraph (1) of the 1945 Constitution. The same thing is stated in Article 10, paragraph (1) of Law No. 39 of 1999 concerning Human Rights.

People with disabilities, especially those living in low- and middle-income countries, experience significant challenges in accessing healthcare services and support. At times of disasters and emergencies, people with disabilities are further marginalised and excluded. During the coronavirus disease 2019 (COVID-19) pandemic, many people with disabilities are unable to access healthcare facilities, receive therapeutic interventions or rehabilitation, or gain access to medication. Of those who are able to access facilities, many experience challenges, and at times direct discrimination, accessing life-saving treatment such as intensive care unit admission and ventilator support. In addition, research has shown that people with disabilities are at higher risk of contracting the virus because of factors that include the need for interpersonal caregivers and living in residential facilities. We explore some of the challenges that people with disabilities residing in South Africa currently experience in relation to accessing healthcare facilities.

The indigenous peoples' land rights are deprived from their effective realization although it is guaranteed in the Brazilian Federal Constitution of 1988 and in several international human rights documents. In this sense, the objective of this article is to analyze where they arise and what are the obstacles to the effectiveness of the land rights of indigenous peoples in Brazil. Thus, the sustained hypothesis is that: in the face of the regulation-ineffectiveness paradox, obstacles to the realization of the land rights are hidden under legal instruments bound to a desired social inefficiency. The method used in the present research is qualitative in nature, it was used bibliography specialized in the subject, besides texts and legal norms. It is concluded that the permanence of certain social and cultural legal mechanisms that hinder the realization of the right to land reveals the construction of an intended paradox between positivation and ineffectiveness of the indigenous peoples' territorial rights.

Today’s global media infrastructures involve not just media, but the continual extraction and circulation of data across digital platforms, with health data being an important data domain. The extraction and use of health data raises particular human rights issues. This paper reviews, fist, the basic risks to individuals from unconstrained collection, use and transfer of their personal health data; second, the implications of the fast-growing health data sector for social power generally; and third, the wider implications if current trends related to commercial exploitation of personal health data are not interrupted. A new global debate is needed to address these trends and their basis in a highly unequal political economy which benefis the same countries that profied from historical colonialism. We articulate here — in new ways — the challenges addressed by the 1980 MacBride Report, but for a very differently confiured world.

In the Holy Quran, a strong emphasis has been placed on the dignity of human beings. There are two verses in the Quran that discuss the differences between humans and other creatures. In this article, we have tried to interpret these two verses using free selection of virtues and goodness as the criterion for human dignity that was obtained in our previous research. In the verse of trust, unlike other creatures, man accepts a trust that informs us about his cruelty and ignorance. However, if we consider this trust as freedom of choice, it can also imply injustice and ignorance alongside justice and wisdom for humans. In the verse of succession, angels tell God that human as vicegerent on earth leads to corruption and bloodshed. God does not deny this, but reminds the angels of the existence of pure ones. If we consider freely choosing goodness the differentiating factor between humans and other creatures the angels accurately refer to the possibility of creating corruption and bloodshed. However, they did not see the value of voluntary goodness compared to their own compulsory goodness. Therefore, by considering freely choosing goodness as the criterion for human dignity, these two verses can be easily interpreted., Competing Interests: The author declares no conflict of interests., (Copyright © 2024 Tehran University of Medical Sciences.)

This article addresses three major issues: firstly, the current framework of interpretation regarding the use of fear and the economic crisis with instruments for proposing cuts; secondly, the general situation of our country with a number of figures on inequality and exclusion; and thirdly, proposals for social intervention in crisis situations reflecting interventions, for example in evictions.

Throughout its notable history, Russia has assumed a strong communal spirit that is still reflected in Russian business practices today. In the Orthodox understanding, the idea of human freedom and rights are inevitably connected with the idea of service. Rights are needed so that human beings can, in the best possible way, restore themselves to the likeness of God; and in so doing a person should exercise his or her duty before God, the Church, other people, one’s family, the state, the nation and other human communities. The paper examines the approaches to the property rights from Orthodox and Latin Catholic position. The conclusion about the influence which the religious worldview has on the formation of the identity of people in the contemporary Russian and European society was made.

Walking is one of the main modes of human transportation before the emergence of various other means of transportation that support the movement or movement of humans. In the midst of the rapid development of transportation, safety from pedestrians began to be overlooked by the increasing percentage of traffic accidents involving pedestrians as victims. The neglect of pedestrian protection is a form of violation of human rights that is the basic right of the pedestrian itself as the weakest mode of transportation. The neglect of the protection of pedestrian human rights is caused by several factors such as the availability of inadequate facilities such as the conversion of pedestrian lines by street vendors, the lack of awareness from the public regarding law enforcement on pedestrian protection to the lack of government role in it. The purpose of writing this topic is to raise public awareness about the importance of protection of pedestrian rights by not escape the existence of cooperation from the government so that the rights can be fulfilled as stated in the Act.

TWAIL is both a political and intellectual movement and, therefore, has multiple perspectives. While the first academic conference of TWAIL was held at Harvard Law School in March 1997, Third World perspectives of international law are part of a long tradition of critical internationalism. In this essay we will try to explain the meaning of the movement according to its most important scholars, and the TWAIL concern to the human rights discourse. It can be said that according TWAIL the historical model of human rights cannot respond to the needs of the Third World except if there is a radical rethinking and restructuring of the international order, abandoning the efforts to universalize an essentially European corpus of human rights.

The article discusses the current state of the legal regulation in the sphere of ensuring citizens’ rights of access to environmental information in the Republic of Kazakhstan.Public awareness contributes to a better understanding of environmental issues and their direct participation in the decision. Public authorities should ensure appropriate public access to environmental information, as well as to take measures to improve the quality, timeliness and relevance of the material submitted.

This research begins by doing a review about the state of art of population on the streets, with the purpose to analyze the public policy‟s application established trough the law 1641 in 2013, inside the executed actions of the development plans during the government periods between 2007 to 2016 in Bucaramanga, Santander. Likewise, it will deploy the law‟s correlation regarding to the fundamental rights established by the Colombian political constitution in 1991 and contrast of the lineaments that rest in the paper versus a reality, that this community is living

This investigation project is looking to find an answer to the following question; what are the dynamics of victimizationover indirect victims of the Colombian armed conflict? In order to reach this, it was made an interdisciplinary search about the concept of indirect victim. Then, some interviews were done of the indirect victims, -which were obtained from an archive named Oral Archive of the Victim’s Memory (AMOVI) from the Industrial University of Santander (UIS) -and these were analyzed. The result is the manifestation of a set of special facts of indirect victims, that show the particularity of this population which leads to a different deal and way to repair them.

Romans 13:1–7 teaches absolute submission to constituted authorities, for which reason some Christians argue against challenging government orders or policies. There are problems with this position in view because of the fact that not all governments can be validly said to have been constituted by God; it is also clear that sometimes government policies do not only neglect, but also actually violate the rights of the people. Employing the exegetical study and analytical approach, this article examined the passage in relation to Nigerian Christians’ attitudes to social activism. The study revealed that in Romans 13:1, Paul made a general statement that does not necessarily preclude exceptions. The examination of the passage in its historical context also showed that Paul must have been influenced by the benevolent nature of the contemporary Roman government. Paul might have written differently if he wrote after 62 CE when Nero began his repressive policies. Hence, this text is interpreted out of context, if it is given a general application. Such an application would also contradict the teaching of the Bible to confront social injustice. The passage is applied to Nigeria, assessing what ought to be the attitude of Nigerian Christians to social activism, given particularly the prevalent economic inequalities in the country.

Despite the importance of animals to South Africa, animal law is not yet recognized a separate distinct area of law. In an attempt to rectify this, the article provides a high level introduction to this highly complex field. By providing background and context into historical and current injustices regarding humans and animals, it alleges that the current legal system has failed to provide adequate protection to either group. By analyzing the existing regulatory framework and case law, it lays out the realities of obtaining better protection for animals in law. It then argues why it is particularly critical for the country to consider animal interests both individually and collectively with human interests by providing examples of how these interests intersect in practice. It suggests an approach for future protection efforts and concludes by providing some opportunities going forward for animal law reform in South Africa.

Hammurabi (1730-1688 a. C.), rey de Babilonia, promulgó, probablemente en el año 40 de su reinado, un conjunto de leyes que, para su mejor conocimiento, ordenó grabar en estelas de piedra y repartirlas por las capitales de su imperio. Sin embargo, pocas veces se hace alusión a la monumentalidad de esta obra de arte que sustenta un corpus legislativo de gran alcance. Así nace el trabajo que se presenta, con el objetivo de referenciar dicho código como obra monumental del arte y el derecho. Para ello se consultaron diversas bibliografías y se realizó una búsqueda utilizando recursos disponibles en internet sobre el tema. Los métodos utilizados fueron el histórico-lógico, análisis y síntesis e inducción-deducción. Se llegó a la conclusión de que el Código de Hammurabi constituye una obra monumental del Arte y el Derecho, con valor literario.