Asia-Pacific Journal on Human Rights and the Law最新文献_第10页

Juvenile (In)justice: Children in Conflict with the Law in Indonesia 少年司法:印度尼西亚与法律发生冲突的儿童

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2016-06-15 DOI: 10.1163/15718158-01701009

S. Davies, Jazz Robson

{"title":"Juvenile (In)justice: Children in Conflict with the Law in Indonesia","authors":"S. Davies, Jazz Robson","doi":"10.1163/15718158-01701009","DOIUrl":"https://doi.org/10.1163/15718158-01701009","url":null,"abstract":"Two significant events occurred in Indonesia in 2014 in relation to children in conflict with the law. First, Indonesia’s Law No. 11/2012 on the Juvenile Criminal Justice System came into effect on 30 July, with the first minors being tried on 12 August 2014. Second, the United Nations Committee on the Rights of the Child (UNCRC) presented its concluding observations to Indonesia’s periodic report. It is timely to reflect on the progress Indonesia is making in respect to children in conflict with the law. In providing the first systematic analysis of Indonesia’s juvenile justice system, we trace the history of juvenile justice in Indonesia, outlining both international and national conventions and laws applicable to Indonesia. We assess judicial and pragmatic progress and highlight areas of continuing concern regarding children in conflict with the law in Indonesia. We conclude that despite Indonesia becoming an early signatory to the UN Convention on the Rights of the Child (UNCRC) and the nation’s subsequent ratification of child-friendly judicial policies, Indonesia has failed to follow through on its various commitments. This failure demonstrates not only the difficulties of effecting change in a super-diverse country with systemic corruption and poverty, but suggests a concern in Indonesia for presenting a positive public image above substantively improving the lives of children in conflict with the law. We argue that while Indonesia’s law changes are positive, adequate resources must be allocated to ensure successful implementation. We conclude by suggesting that indigenous restorative justice practices can be utilised to strengthen Indonesia’s juvenile justice system.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"20 1","pages":"119-147"},"PeriodicalIF":0.0,"publicationDate":"2016-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87664165","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: 39

Human Trafficking and China: Challenges of Domestic Criminalisation and Interpretation 人口贩卖与中国:国内刑事定罪与解释的挑战

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2016-06-15 DOI: 10.1163/15718158-01701010

Bonny Ling

{"title":"Human Trafficking and China: Challenges of Domestic Criminalisation and Interpretation","authors":"Bonny Ling","doi":"10.1163/15718158-01701010","DOIUrl":"https://doi.org/10.1163/15718158-01701010","url":null,"abstract":"In recent years, the Chinese government has notably begun to address the issue of trafficking in persons through several high-profile national initiatives. The State Council of the People’s Republic of China released the country’s first national anti-trafficking plan in December 2007, followed by China’s accession to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in February 2010. However, tackling human trafficking is a serious domestic challenge. This article argues that China’s response to its trafficking problem is obstructed by a legal definition in its criminal law that falls short of international standards. These shortfalls include the exclusion of adult male victims and predicating domestic criminalisation on the purpose of selling a person as opposed to the element of exploitation. Because the offence of trafficking is defined and applied differently in China, examining these particular aspects of the domestic criminal offence is critical to a fuller understanding of human trafficking in the country. This article discusses these important ramifications and also traces the legal history of China’s criminalisation of trafficking since the adoption of the country’s first criminal law in 1979, focusing on the disappearance of an inclusive, gender-neutral approach to the crime of human trafficking in the Chinese context.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"87 1 1","pages":"148-177"},"PeriodicalIF":0.0,"publicationDate":"2016-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83602398","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: 4

The Process of Viet Nam’s Preparation of the National Report under the United Nations Human Rights Council’s Universal Periodic Review 越南在联合国人权理事会普遍定期审议下编写国家报告的过程

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2016-06-15 DOI: 10.1163/15718158-01701008

Thi Kim Ngan Nguyen

引用次数: 0

The Communist Party of China’s Approach to Human Rights and the Death Penalty 中国共产党对人权和死刑的态度

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2016-05-19 DOI: 10.1163/15718158-01802001

H. Gui

{"title":"The Communist Party of China’s Approach to Human Rights and the Death Penalty","authors":"H. Gui","doi":"10.1163/15718158-01802001","DOIUrl":"https://doi.org/10.1163/15718158-01802001","url":null,"abstract":"Under the Constitution of China, the Communist Party (CPC) does not merely play a leadership role in the political field, but also in the legal arena. Legislation must reflect the Party’s outlook and achieve its policies, including any legal provisions governing particular systems, such as arrangements for the death penalty. After introducing the relationship between the CPC and legislation, this article will discuss the shift in the CPC’s approach to human rights and changes to the death penalty system in the Maoist, Deng Xiaoping and post-Deng eras. In the Maoist era, the government rejected human rights, but its policy on execution – at least on paper – was cautious and even stricter than during the other eras; the CPC recognised and accepted human rights in the Deng era, but emphasised national security and stability. As a result, individual human rights were not fully taken into account. Execution was considered an important measure to control crime and the scope of the relevant legislation was expanded. Post-Deng, human rights have developed gradually. Human rights protection has been incorporated into the Constitution and individual human rights have become more valued, but the CPC still focuses on state security, development and stability, and has not valued the right to life to the same extent as the right to subsistence. Although steps to reform the death penalty are being taken, 46 crimes are still punishable by death. The CPC should change its outlook and focus on the right to life, and abolish the death penalty de facto and de jure.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"9 1","pages":"117-154"},"PeriodicalIF":0.0,"publicationDate":"2016-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84249743","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

Women’s Rights in Intellectual Property and Traditional Knowledge Protection in Lao pdr 老挝妇女在知识产权和传统知识保护方面的权利

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2015-10-06 DOI: 10.1163/15718158-01601002

Champathong Phochanthilath

{"title":"Women’s Rights in Intellectual Property and Traditional Knowledge Protection in Lao pdr","authors":"Champathong Phochanthilath","doi":"10.1163/15718158-01601002","DOIUrl":"https://doi.org/10.1163/15718158-01601002","url":null,"abstract":"Lao People’s Democratic Republic is a multicultural country within the Association of South East Asian Nations. It recently adopted the Intellectual Property Law in the context of enhancing regional and global economic integration. The traditional handicraft textile sector is important in Laos. It is of benefit to the country’s economic development, as well as being recognized as an important element of both national culture and the identity of Lao women. However, Lao craftswomen are facing a strong challenge preserving their traditional knowledge due to the extremely cheap imitations of items such as scarves and Lao skirts, which are being sold in Laos.This article aims to discuss the existing international instruments and related national laws regarding intellectual property and protection of traditional knowledge with particular regard to women’s rights. Intellectual property and traditional knowledge issues attract more attention than intellectual property rights under the World Intellectual Property Organization regime; UNESCO , TRIPS , CBD and human rights treaties, all to which Lao is a party, are also relevant. Nationally, Laos is still lacking adequate and appropriate means to protect rights of women as traditional knowledge holders in terms of national laws.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"157 1","pages":"9-25"},"PeriodicalIF":0.0,"publicationDate":"2015-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73925469","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: 1

The Politics of Domestic Implementation of International Human Rights Law 国际人权法在国内实施的政治

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2015-10-06 DOI: 10.1163/15718158-01601006

Deepika Udagama

引用次数: 4

The Right to Access a Lawyer in Laotian Criminal Law 老挝刑法中会见律师的权利

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2015-10-06 DOI: 10.1163/15718158-01601004

Bounmy Ladsamyxay

引用次数: 0

The Right of Children in Accessing Primary Education: Vientiane Province Case Study 儿童接受初等教育的权利:万象省个案研究

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2015-10-06 DOI: 10.1163/15718158-01601003

Khonsavanh Vongvannasay, Khamphang Vongphachanh, Vilay Langkavong

引用次数: 0

Equality and Singapore's First Constitutional Challenges to the Criminalization of Male Homosexual Conduct 平等和新加坡对男性同性恋行为定罪的第一次宪法挑战

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2015-10-01 DOI: 10.1163/15718158-01601007

Jack Tsen-Ta Lee

{"title":"Equality and Singapore's First Constitutional Challenges to the Criminalization of Male Homosexual Conduct","authors":"Jack Tsen-Ta Lee","doi":"10.1163/15718158-01601007","DOIUrl":"https://doi.org/10.1163/15718158-01601007","url":null,"abstract":"In 2013, in Lim Meng Suang and Kenneth Chee Mun-Leon v Attorney-General and Tan Eng Hong v Attorney-General, the High Court of Singapore delivered the first judgments in the jurisdiction considering the constitutionality of section 377A of the Penal Code, which criminalizes acts of 'gross indecency' between two men, whether they occur in public or private. The Court ruled that the provision was not inconsistent with the guarantees of equality before the law and equal protection of the law stated in Article 12(1) of the Constitution of the Republic of Singapore. The result was upheld in 2014 by the Court of Appeal in Lim Meng Suang and another v Attorney-General with slight differences in the reasoning. This article examines the courts’ analysis of equality law, and submits in particular that the courts ought to re-evaluate whether they should apply a presumption of constitutionality, refuse to assess the legitimacy of the object of the impugned provision, and rely on a standard of mere reasonableness or lack of arbitrariness when determining if a rational relation exists between the provision’s object and the differentia underlying a classification used in the provision.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"75 1","pages":"150-185"},"PeriodicalIF":0.0,"publicationDate":"2015-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80894780","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: 3

THE TRIPARTITE POLICE COMPLAINTS SYSTEM OF HONG KONG 香港警方的三方投诉制度

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2014-04-06 DOI: 10.1163/15718158-15010206

Graham Smith

引用次数: 4