The Age of Human Rights Journal最新文献

{"title":"Legal Protection of the Right to Freedom and Personal Integrity of the Citizens of Ukraine (Private and Public Aspect)","authors":"S. Hrynko, Ruslan Hrynko, M. Levytskyi, A. Makovskyi, O. Bilovskyi","doi":"10.17561/tahrj.v22.8426","DOIUrl":"https://doi.org/10.17561/tahrj.v22.8426","url":null,"abstract":"The article defines the specifics of private legal protection of the right to freedom and personal inviolability of an individual in Ukraine. It elaborates on the content of the right to freedom and personal inviolability of a natural person, including both physical and psychological inviolability. The article identifies methods that violate the psychological inviolability of an individual (hypnosis, polygraph, etc.). Private legal protection of the right to freedom and personal inviolability, characterized as a personal non-property right of a natural person, has been analyzed in the context of legal regulations. The conclusion has been drawn that the right to freedom and personal inviolability is safeguarded through the establishment of a set of prohibitions regarding its infringement and methods of protection in case of violation. Both private legal and public legal means of protecting the right to freedom and personal inviolability of a natural person have been identified. The article characterizes violations of the right to freedom and personal inviolability of an individual in the context of their placement in places of liberty deprivation (orphanages, psychiatric hospitals, boarding schools, military guard-houses, detention facilities, etc.). Through the analysis of Ukrainian judicial practice and the European Court of Human Rights, the conclusion has been drawn that there are cases where there are no legal grounds for placing individuals in places of liberty deprivation, as well as instances of torture, cruel, inhuman, and degrading treatment of these individuals.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"49 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140665652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"In Search of Durable Solutions for Refugees in Indonesia: A State Security and Human Rights Protection Approach","authors":"M. A. Syahrin, M. R. Qalandy, M. S. Jafizhan","doi":"10.17561/tahrj.v22.8255","DOIUrl":"https://doi.org/10.17561/tahrj.v22.8255","url":null,"abstract":"The Indonesian government is experiencing difficulties in dealing with the refugee problem. This is because the number of refugees in the waiting period is increasing and the destination country limits the acceptance quota. Currently, the refugee problem in Indonesia is regulated in Presidential Regulation No. 125/2016. However, its implementation has not been optimal, as it is hampered by coordination and legal compliance factors. The implementation of the Presidential Regulation creates inconsistencies in legal norms with other regulations. Then, some local governments have begun to reject the presence of refugees. They are not willing to prepare shelters for refugees, because it burdens the budget. Currently, the government does not have a long-term solution that can be used to solve the refugee problem in Indonesia. This paper will discuss Indonesia’s role in solving the refugee problem by formulating strategic policies from a humanitarian perspective. This article uses socio-legal research with a qualitative approach. Although not a state party to the 1951 Convention, Indonesia has adopted various international laws that protect the human rights of refugees. However, its legal legitimacy is still disputed from the perspective of state security and sovereignty. Indonesia continues to be encouraged to ratify the convention to strengthen the promotion and defense of refugee rights. In fact, ratification can be a quick way to bridge the gap between international and domestic legal frameworks in addressing refugee issues in Indonesia. However, the government cannot wait to resolve this issue until the convention is ratified. There are several long-term solutions that can be practiced to address the refugee issue, including: pushing for human rights instruments to implement the basic rights of refugees; re-establishing the refugee issue as part of the National Human Rights Action Plan; revising Presidential Regulation No. 125/2016; and formulating a new policy with Indonesia, UNHCR, and giving greater authority to IOM to empower refugees while they wait to enter the destination country.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"19 23","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140715757","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Bottling the Criminal Contempt Law – A Search for ‘Intention’ in ‘Scandalizing the Court’","authors":"Vijay Tyagi, Vaibhav Chadha, Lavam Tyagi, Shambhavi Srivastava","doi":"10.17561/tahrj.v22.8305","DOIUrl":"https://doi.org/10.17561/tahrj.v22.8305","url":null,"abstract":"The right to speak and express freely is arguably the most contentious fundamental right guaranteed to the citizens by the Indian Constitution. Like all the other rights and privileges in a democracy, freedom of speech is not absolute and is subject to restrictions. One such restriction is the offence of contempt of court. In doing so, courts have been successful in upholding their dignity and majesty but often at the cost of stifling criticism and instilling fear amongst the critics of the institution. There is a sense of anxiety among the citizens as they anticipate an over-disciplined regime and struggle to understand what constitutes criminal contempt and how it works. In this article, the authors have attempted to suggest a development in the existing criminal contempt law by scrutinising the mental element of the publisher or the person making the criticism.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"53 44","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140486977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Right to Universal Accessibility","authors":"Rafael De Asís Roig","doi":"10.17561/tahrj.v21.7788","DOIUrl":"https://doi.org/10.17561/tahrj.v21.7788","url":null,"abstract":"This paper presents universal accessibility from a human rights perspective. This approach provides a comprehensive view of universal accessibility, which can be considered as a specific right or as part of the essential content of any right. Despite its self-evident justification, this right is not legally recognized.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134024908","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Protecting Vietnam’s Sovereignty in Cyberspace: Insights from Human Right Laws","authors":"Thu Thi Anh Vu","doi":"10.17561/tahrj.v21.7778","DOIUrl":"https://doi.org/10.17561/tahrj.v21.7778","url":null,"abstract":"In order to protect state sovereignty in cyberspace, Vietnamese law has placed restrictions on the right to online free expression. Using qualitative and empirical methods, this article examines the necessity and proportionality of these restrictions. The article finds that the language of a number of restrictive provisions appears to be more political than legal. The second reason is that vague and expansive laws may make it difficult to determine the true extent of damage in criminal prosecutions involving online expression that undermine state sovereignty. It would violate Articles 19 and 20 of the International Covenant on Civil and Political Rights. To surmount this opposition, Vietnamese lawmakers must provide a comprehensive interpretation of the relevant laws to ensure that the freedom of online expression is vitally important but must be balanced with the national interest.\u0000 ","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134058376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Right to Repatriation of Abandoned Seafarers: A Study in Light of Maritime Labour Convention 2006, and International Covenant on Civil and Political Rights 1966","authors":"Mohit Gupta","doi":"10.17561/tahrj.v21.7284","DOIUrl":"https://doi.org/10.17561/tahrj.v21.7284","url":null,"abstract":"The abandonment of seafarers is one of the major challenges that seafarers onboard vessels may face. In 2022, 1555 seafarers were abandoned on 113 ships. The port state's role in seafarer abandonment is crucial because it can assist abandoned seafarers by facilitating their repatriation. In practice, however, it has been seen in many cases that the port state of the vessel had restricted the disembarkation of the abandoned crew from the vessel by citing the reason that the vessel cannot be left unmanned. The present study will assess such measures adopted by the port states in light of International Law instruments, including the Maritime Labour Convention, 2006 and the International Covenant on Civil and Political Rights, 1966.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114787569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"International Court of Justice and Provisional Measures under the Genocide Convention: Curious Case of Ukraine v. Russian Federation","authors":"Atul Alexander","doi":"10.17561/tahrj.v21.7781","DOIUrl":"https://doi.org/10.17561/tahrj.v21.7781","url":null,"abstract":"The ongoing Russian aggression on Ukraine has prompted Ukrainian President Zelensky to seek the assistance of States and international institutions. One such institution that Ukraine approached is the International Court of Justice (ICJ), requesting provisional measures. Ukraine contends that the Russian Federation has falsely claimed that acts of Genocide have occurred in the Luhansk and Donetsk oblast in Eastern Ukraine. In this article, the author details the provisional measures rendered by the ICJ; in doing so, it is contended that the interpretation of the ICJ vis-à-vis the Genocide Convention is flexible and broad, a stark contrast to its previous cases.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122856255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Information Human Obligations: State and Prospects of Doctrine Interpretation","authors":"O. O. Tykhomyrov, Denys Tykhomyrov, L.V. Radovetska, A. Vatral","doi":"10.17561/tahrj.v21.7698","DOIUrl":"https://doi.org/10.17561/tahrj.v21.7698","url":null,"abstract":"The world is not standing still, and the development of information technology is giving rise to even more new areas of social relations. It is only logical that new human rights and responsibilities arise. The sphere of information relations is quite new and is rapidly developing. While the international community and national authorities pay a fairly high level of attention to information rights by introducing special regulations, they pay less attention to obligations. This is due to the absence of a single unified act, and therefore, in general, the concept of duty is consistent with law, including in the field of information relations. This is the relevance of the study, which is driven by the rapid development of informational and legal relations and the improvement of the digital space, as well as the strict fulfillment of obligations arising from them. The purpose of this article is to emphasise the urgent need for doctrinal changes in the human rights system caused by the deep informatization of human life, in particular the interrelationships of information rights and human obligations, their prospects, and their significance for the promotion of human rights in the global information society. The results obtained will be useful for further research and will be aimed at improving the regulation of the process of fulfilling duties by participants in informational and legal relations. However, the study of the trajectory of the information progress of humanity and the understanding of information responsibilities, based on their inherent connection with the information rights of a person, can have not only a scientific sense but also a positive contribution to the development of human rights in the information society.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116857053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Right to a Fair Trial in Extraordinary Conditions","authors":"B. Andrusyshyn, Y. Bilozorov, N. Opolska, L. Kupina, O. Tokarchuk","doi":"10.17561/tahrj.v20.7539","DOIUrl":"https://doi.org/10.17561/tahrj.v20.7539","url":null,"abstract":"The relevance of the study is determined by the necessity to generalize the problems of implementation of the right to a fair trial faced by various states in connection with quarantine restrictions, as well as the experience of the administration of justice under martial law. This made it possible to establish a common understanding of the right to a fair trial within the borders of the Council of Europe member states, as well as the means of solving the issue of justice by the Ukrainian authorities in the conditions of the occupation and the military actions of the Russian army.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116717506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"From Structural Discrimination to Intersectionality in the Inter-American System of Human Rights: Unravelling Categorical Framings","authors":"Cecilia Gebruers","doi":"10.17561/tahrj.v20.7629","DOIUrl":"https://doi.org/10.17561/tahrj.v20.7629","url":null,"abstract":"The paper focuses on the way human rights law has been incorporating notions of intersectionality through legal instruments as well as through human rights courts’ decisions. The overall goal is to expose the shortcomings of the current conception of intersectionality as it has been applied by the Inter-American Court, which, I argue, derive from a categorical understanding of group and identity-based rights transplanted from the notion of structural discrimination. The paper argues that approaching human rights violations by means of categorical reasoning is detrimental to intersectional interests, since it perpetuates the problem that intersectionality seeks to overcome in the first place, and suggests that cutting across categories is a potentially more fruitful pathway for the future of intersectionality in the legal field.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125209447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}