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Religious Exemptions and the Constitutionality of Vaccine Mandates in the Philippines 菲律宾的宗教豁免与疫苗强制接种的合宪性
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2023-11-24 DOI: 10.1163/15718158-24030003
Florian Kim P Dayag
{"title":"Religious Exemptions and the Constitutionality of Vaccine Mandates in the Philippines","authors":"Florian Kim P Dayag","doi":"10.1163/15718158-24030003","DOIUrl":"https://doi.org/10.1163/15718158-24030003","url":null,"abstract":"Government responses to the covid-19 pandemic raise various legal concerns otherwise inconceivable in recent memory. One of the many implemented policies is the requirement of inoculation or vaccination to achieve herd immunity, similar to other diseases that have been eradicated by intensive vaccination programmes. Vaccine hesitancy, nevertheless, remains a persistent State concern which is complicated by reference to constitutionally protected rights. Refusal to be vaccinated on religious grounds has led various countries to provide religious exemptions to avoid judicial scrutiny. The Philippines, as the largest Christian nation in Asia, has a complex legal relationship with the church. This article discusses the State-church relationship from a constitutional and human rights law perspective and, using approaches formulated by the Philippine Supreme Court in religion clause analysis, attempts to assess, and possibly bridge, the perceived conflict between religious freedom and the Philippine government’s covid-19 vaccination policies.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"2011 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139239479","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}
引用次数: 0
Equal Representation of Women in the Superior Judiciary: A Comparative Analysis between Pakistan and the United Kingdom 妇女在高级司法机构中的平等代表权：巴基斯坦与英国的比较分析
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2023-11-24 DOI: 10.1163/15718158-24030001
Rida Tahir
{"title":"Equal Representation of Women in the Superior Judiciary: A Comparative Analysis between Pakistan and the United Kingdom","authors":"Rida Tahir","doi":"10.1163/15718158-24030001","DOIUrl":"https://doi.org/10.1163/15718158-24030001","url":null,"abstract":"Pakistan does not have a senior judiciary that is representative of its population. Women are under-represented. There had never been any female Justices of the Supreme Court of Pakistan until January 2022, when Justice Ayesha Malik was appointed as the first female Supreme Court judge. Although there is no constitutional bar to appointing women to be judges, the system for appointing judges is based on outmoded notions of seniority that are hostile to women’s desire for career progression. The United Kingdom (UK) provides a valid comparison since the legal system of Pakistan is based on English law. The UK has been marginally more successful in promoting female judges. The UK features a more open and transparent system, from which Pakistan should consider borrowing elements, specifically, an independent Judicial Appointments Commission (jac). The UK model suggests that more positive change may occur in the future. A quota system may be effective in increasing appointments in Pakistan, although this may create its own difficulties. More fundamentally, building into the appointments process the recognition that women may have different social responsibilities than men may also facilitate change.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"50 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139240024","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}
引用次数: 0
Decriminalisation of Adultery in Taiwan 台湾通奸非刑罪化
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2023-11-24 DOI: 10.1163/15718158-24030002
David KC Huang, Nigel N.T. Li
{"title":"Decriminalisation of Adultery in Taiwan","authors":"David KC Huang, Nigel N.T. Li","doi":"10.1163/15718158-24030002","DOIUrl":"https://doi.org/10.1163/15718158-24030002","url":null,"abstract":"This article examines Taiwan’s decriminalisation of adultery in the landmark decision of Judicial Yuan Interpretation No. 791 [2020]. The Justices affirmed the right to freedom of sexual behaviour, ruling that imposing a criminal limit on the right in the name of marriage protection or the public interest is a disproportionate means to protect marriage, because the law cannot protect marriage. Moreover, a proviso of the law of adultery was held to be incompatible with the principle of equality, as it allowed the faithful spouse to sue only the person who fornicated with the unfaithful spouse, which was a vestige of moral vengeance rooted in the Chinese culture of nulla poena sine ‘Li’ (Chu-Li-Ru-Xing).","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"16 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139240265","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}
引用次数: 0
Introduction to the Special Section on Contemporary Challenges in Comparative Equality Law “比较平等法的当代挑战”专题导论
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2023-08-31 DOI: 10.1163/15718158-24020003
K. Loper
{"title":"Introduction to the Special Section on Contemporary Challenges in Comparative Equality Law","authors":"K. Loper","doi":"10.1163/15718158-24020003","DOIUrl":"https://doi.org/10.1163/15718158-24020003","url":null,"abstract":"","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45187722","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}
引用次数: 0
Microverse, Mezzoverse, Macroverse: Protection Against Discrimination in an Artificialised World? Microverse，Mezzoverse，Macroverse：在人工世界中保护免受歧视？
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2023-08-31 DOI: 10.1163/15718158-24020006
V. Muntarbhorn
{"title":"Microverse, Mezzoverse, Macroverse: Protection Against Discrimination in an Artificialised World?","authors":"V. Muntarbhorn","doi":"10.1163/15718158-24020006","DOIUrl":"https://doi.org/10.1163/15718158-24020006","url":null,"abstract":"\u0000The article addresses the issue of protection against discrimination in an artificialised world, shaped by automation, algorithms and artificial intelligence (ai) and interlinked with digitalisation. While traditionally advocacy against discrimination was based mainly on the call for specific anti-discrimination laws coupled with other actions, there is a more recent entry point in the form of personal data protection laws. These can help to safeguard privacy in relation to personal data which adds to protection against discrimination. However, the right to privacy and the right to freedom of expression (covering data flows) must be balanced well in the process, and the article refers to recent experiences from various regions. The contribution of different stakeholders is essential. Options include regulation by the State, self-regulation by the business sector, co-regulation between a mix of governmental and business-related cooperation, due diligence measures, technical solutions, consumer-based initiatives, specific attention to vulnerabilities, checks and balances against abuse of power, and demonopolisation.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45085007","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}
引用次数: 0
Empathy, a Hallmark of Equality: Shaping Fearlessness Into Transformative Decision-Making and Teaching 同理心，平等的标志:将无畏塑造为变革的决策和教学
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2023-08-31 DOI: 10.1163/15718158-24020005
Naina Kapur
{"title":"Empathy, a Hallmark of Equality: Shaping Fearlessness Into Transformative Decision-Making and Teaching","authors":"Naina Kapur","doi":"10.1163/15718158-24020005","DOIUrl":"https://doi.org/10.1163/15718158-24020005","url":null,"abstract":"\u0000Whether acting as lawyers, activists, judges, policy makers or academics, there is a void in our equality agendas. This void has enabled the contemporary state to rationalise inequality through the propagation of fear. How can we talk about equality if we do not talk about the current crisis of fear? What shapes our contemporary fears? How might we surpass them? Two contemporary narratives, both from judges, offer the possibility of prevailing over certain kinds of fear to meet equality outcomes. With everything to lose in hostile political circumstances, Justice Attaee’s fearlessness materialises from her lived experiences of inequality from where empathy naturally flows for the benefit of women’s equality against the hostile tide of both Afghan politics and global betrayal. Having never walked ‘in the shoes’ of lgbtqia+ persons, fearlessness for Justice Venkatesh, a deeply conservative judge, is put to the test. Taking on the social fears of himself and others, he cultivates the skill of empathy through the rare and unconventional choice of experiential immersion. Both justices serve as examples for creating inclusive experiential courses on empathy and social context within legal/judicial education institutes and practice, where the lives of those most impacted become central to such learning.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41990083","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}
引用次数: 0
Bangladesh’s Body Parts Trade: A Critical Analysis of Gaps in Justice 孟加拉国的身体部位贸易：对司法差距的批判性分析
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2023-08-31 DOI: 10.1163/15718158-24020001
Mst Kanij Fatima, Sallie Yea
{"title":"Bangladesh’s Body Parts Trade: A Critical Analysis of Gaps in Justice","authors":"Mst Kanij Fatima, Sallie Yea","doi":"10.1163/15718158-24020001","DOIUrl":"https://doi.org/10.1163/15718158-24020001","url":null,"abstract":"\u0000The illicit trade in body parts in Bangladesh has been well-documented by both the media and academic scholarship. However, there is limited research addressing the question of the role of the law in preventing the trade and delivering criminal and remedial justice. Through a case study, this article critically evaluates the adequacy of Bangladeshi anti-trafficking law to criminalise organ trafficking whilst also ensuring victim protection. The analysis draws out three key gaps in the application of the law to achieve justice: vague laws related to organ trafficking; poor implementation of existing laws; and absence of adequate policies. We argue that gaps in international law (either their content or their application to Bangladesh), combined with problems relating to capacity, have negatively impacted domestic laws relating to organ trafficking.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47047096","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}
引用次数: 0
A Human Rights-Based Approach to Combating Corruption in the Education Sector in Indonesia 基于人权的方法打击印度尼西亚教育部门的腐败
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2023-08-31 DOI: 10.1163/15718158-24020002
Ratna Juwita
{"title":"A Human Rights-Based Approach to Combating Corruption in the Education Sector in Indonesia","authors":"Ratna Juwita","doi":"10.1163/15718158-24020002","DOIUrl":"https://doi.org/10.1163/15718158-24020002","url":null,"abstract":"\u0000The education sector is prone to corruption because of the substantial amount of allocated funds and complex administrative layers that govern it. This article discusses the human rights-based approach to analyse corruption in the education sector in Indonesia. The data concerning education sector corruption are based on the judgment collection from the Corruption Eradication Commission Annual Reports from 2004 to 2018. Education sector corruption is classified into three types: grand corruption in procurement projects, obstruction of justice, and corruption related to decentralisation. The analysis showed that Indonesia’s efforts to realise the right to education cannot be achieved effectively and efficiently due to corruption. The human rights approach is used to formulate recommendations to combat education sector corruption to successfully realise the right to education. This article recommends that Indonesia must ensure the implementation of transparency and accountability in law, policy, and governance because corruption thrives where the State’s monopoly of power and discretion exists without accountability and transparency.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45817157","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}
引用次数: 0
Judicial Perspectives on Transforming Equality 转变平等的司法视角
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2023-08-31 DOI: 10.1163/15718158-24020004
Geoffrey Ma
{"title":"Judicial Perspectives on Transforming Equality","authors":"Geoffrey Ma","doi":"10.1163/15718158-24020004","DOIUrl":"https://doi.org/10.1163/15718158-24020004","url":null,"abstract":"\u0000In law, equality is the antithesis of discrimination. As in many other areas of human rights law, however, the right balance very often has to be achieved between competing arguments which are reasonable on their face but which pull in different directions. How does the law achieve this? Constitutional instruments and statutes of course set out some principles and guidelines, but it is largely left to the courts to determine where the balance lies in any given situation. Such balance can only be reached through a principled, not arbitrary, approach that is ultimately based on the concept of dignity. Such principled approach includes the proportionality exercise.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49469682","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}
引用次数: 0
Precluding the Wrongfulness of Derogations of International Human Rights Instruments 排除克减国际人权文书的不法性
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2023-02-15 DOI: 10.1163/15718158-24010005
Ashika Jain, Rohit Kumar Gupta
{"title":"Precluding the Wrongfulness of Derogations of International Human Rights Instruments","authors":"Ashika Jain, Rohit Kumar Gupta","doi":"10.1163/15718158-24010005","DOIUrl":"https://doi.org/10.1163/15718158-24010005","url":null,"abstract":"\u0000Primary and secondary norms represent complementary systems of governance, one specifying the substantive obligations of states and the other imposing consequences upon deviation. Treaties which contain both primary and secondary norms generally operate as self-contained regimes as they oust the application of secondary norms under customary international law, such as those that might be invoked to justify deviations. Conflict, however, arises when the treaty norms seem to overlap with their customary counterpart, while remaining technically disjunct in their form. Derogation and limitation clauses in several international human rights instruments provide conditions in which a violation would be justified. On the other hand, customary international law also prescribes circumstances in which violations cannot be considered wrongful. This article addresses whether the existence of the former in treaties precludes the invocation of the latter. It also highlights the difficulty which arises in the interpretation of those instruments in which such derogation and limitation clauses are absent.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43159244","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}
引用次数: 0
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