Asia-Pacific Journal on Human Rights and the Law最新文献_第6页

Law in Service of Illegal Ousting of the Largest Religious Minority in Bangladesh 非法驱逐孟加拉国最大的宗教少数群体的法律

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2019-12-04 DOI: 10.1163/15718158-02002001

Vahida Nainar

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The Right to Confidential Communication with Defence Counsel in JapanRecent Legal Disputes Over Mail Censorship and Photography in Visiting Rooms 日本与辩护律师的保密通信权最近关于邮件审查和探视室摄影的法律纠纷

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2019-12-04 DOI: 10.1163/15718158-02002002

Teppei Ono

{"title":"The Right to Confidential Communication with Defence Counsel in JapanRecent Legal Disputes Over Mail Censorship and Photography in Visiting Rooms","authors":"Teppei Ono","doi":"10.1163/15718158-02002002","DOIUrl":"https://doi.org/10.1163/15718158-02002002","url":null,"abstract":"In spite of the common global position of protecting the right to confidential communication, the Japanese prison authorities create barriers to communication between pre-trial inmates and defence counsel. Any correspondence, including correspondence between pre-trial inmates and defence counsel, may be opened and read by prison staff. In addition, prison authorities have established regulations to prohibit any visitors from bringing in cameras or mobile phones. They do not allow counsel to take photos in visiting rooms, claiming that these regulations are equally applicable to lawyers. This article examines the legality of the current practice regarding mail censorship and the prohibition of photography in visiting rooms, taking into consideration international human rights standards. It concludes that the current practice diverges from the international human rights standards including the Nelson Mandela Rules, which protects the full confidentiality of communication between inmates and lawyers, and access to effective legal aid. Since the arrest of Nissan’s former chairman Carlos Ghosn in November 2018, Japan’s ‘hostage justice’ system – in which suspects are held for a long period in harsh conditions to coerce a confession – has encountered a barrage of criticism. It should be noted, however, that interruption of inmates-defence counsel communication constitutes another dark side of Japanese criminal justice. This article will shed light on the everyday issues which Japanese defence counsel face in actual criminal cases.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48086714","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

Contents 内容

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2019-12-04 DOI: 10.1163/15718158-02002004

引用次数: 0

The Case for Transformative Reparations for Conflict-Related Sexual Violence in Rakhine State at the asean Intergovernmental Commission on Human Rights 东盟政府间人权委员会关于若开邦冲突性暴力变革性赔偿的案例

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2019-12-04 DOI: 10.1163/15718158-02002003

S. Bradley

{"title":"The Case for Transformative Reparations for Conflict-Related Sexual Violence in Rakhine State at the asean Intergovernmental Commission on Human Rights","authors":"S. Bradley","doi":"10.1163/15718158-02002003","DOIUrl":"https://doi.org/10.1163/15718158-02002003","url":null,"abstract":"This article addresses the question of whether Rohingya victims of conflict-related sexual violence (crsv) in Rakhine State in 2017 have recourse to transformative reparations at the Association of Southeast Asian Nations (asean) Inter-Governmental Commission on Human Rights (aichr). crsv was widespread during the August 2017 non-international armed conflict in Rakhine State. crsv also occurred in the context of longstanding subjugation of the Rohingya minority by the Government of Myanmar and Myanmar’s security forces perpetrating sexual violence against the Rohingya and other ethnic minorities. Transformative reparations for crsv are reparations intended to engender structural changes to improve victims’ circumstances and guarantee non-recurrence. An evaluation of asean’s human rights frameworks and the mandate, purposes and principles underpinning the aichr, reveals unexplored potential for transformative reparations for crsv at the aichr for Rohingya victims of crsv in Rakhine State in 2017. The asean Coordinating Centre for Humanitarian Assistance is well placed to coordinate the delivery of transformative reparations in Myanmar.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"155 1","pages":"181-226"},"PeriodicalIF":0.0,"publicationDate":"2019-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73595724","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

Judicial Adherence to the Minimum Core Obligation of a Right to Health in Bangladesh 孟加拉国对健康权最低核心义务的司法遵守

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2019-06-04 DOI: 10.1163/15718158-02001004

Sheikh Mohammad Towhidul Karim, S. Alam, G. Tomossy, A. Faruque

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Political Audiences and the Abolition of Capital Punishment in the Asia Pacific 政治受众与亚太废除死刑

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2019-06-04 DOI: 10.1163/15718158-02001001

S. Bradley

引用次数: 1

The Communitarian Case for Decriminalising Male Homosexuality for Singapore’s Common Good 为新加坡的共同利益而将男同性恋除罪化的社群案例

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2019-06-04 DOI: 10.1163/15718158-02001003

Ya Lan Chang

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Compulsory Treatment in the Community in Hong Kong 香港的社区强制治疗

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2019-06-04 DOI: 10.1163/15718158-02001002

Urania Chiu

引用次数: 1

Accountability for Human Rights Violations in Cambodia: Mapping the Indirect Effects of Transitional Justice Mechanisms 对柬埔寨侵犯人权行为的问责:描绘过渡时期司法机制的间接影响

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2018-12-18 DOI: 10.1163/15718158-01902002

Tine Destrooper

{"title":"Accountability for Human Rights Violations in Cambodia: Mapping the Indirect Effects of Transitional Justice Mechanisms","authors":"Tine Destrooper","doi":"10.1163/15718158-01902002","DOIUrl":"https://doi.org/10.1163/15718158-01902002","url":null,"abstract":"When studying accountability for human rights violations in Cambodia, it is crucial to understand the role human rights non-governmental organisations (ngos) can play in holding duty-bearers accountable. This article consists of two parts. The first traces how some prominent Cambodian ngos use the language of human rights and which issues they prioritise. The analysis shows that issues related to civil and political rights dominate their discourse, while there is remarkably little attention to issues relating to economic, social and cultural rights. This prioritisation is not rooted in popular priorities, nor can it be adequately explained by referring to mainstream theories of donor influence or professionalised elites. To better understand where these priorities come from, the second part of the article examines the Cambodian transitional justice process. This analysis shows a significant overlap between the priorities of the selected ngos and those of the Extraordinary Chambers in the Courts of Cambodia (eccc). It is therefore argued that transitional justice mechanisms, like the eccc, may have an agenda-setting power far beyond what is commonly assumed. In this specific case, this influence raises questions about accountability for past and on-going violations of economic, social and cultural rights.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718158-01902002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46370190","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

The Right to the Free Exercise of Religion in the Philippines 菲律宾的宗教自由权

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2018-12-18 DOI: 10.1163/15718158-01902004

E. Fernando

{"title":"The Right to the Free Exercise of Religion in the Philippines","authors":"E. Fernando","doi":"10.1163/15718158-01902004","DOIUrl":"https://doi.org/10.1163/15718158-01902004","url":null,"abstract":"The Philippines Supreme Court’s controversial Reproductive Health (rh) Law case gave occasion for a probing inquiry into legal doctrines and policy issues. The ‘conscientious objection’ provisions incorporated into the Law were probably the most divisive issue in the case. The provisions were intended to protect the religious scruples of health care providers. While the duties to extend contraceptive information and services to a patient were imposed on them, there was an opt-out clause in the event a provider conscientiously objects to these duties, so long as he refers the patient to another health care provider, who does not share his objection, to attend to her needs. The Court found this imposition of a duty to refer to be legally unacceptable relying on the United Kingdom (uk) case of Doogan and Wood v nhs Greater Glasgow and Clyde Health Board. This resort to uk jurisprudence was misguided in that the decision was overruled on appeal. There were, moreover, methodological differences between the two jurisdictions as to the resolution of conscientious objection cases. This article attempts to learn from and gain some insight into the issue of conscientious objection from a more comprehensive examination of uk jurisprudence, as well as from underlying moral, political, and philosophical principles of the Philippine Constitution.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718158-01902004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45340777","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