Asia-Pacific Journal on Human Rights and the Law最新文献_第7页

Access to Public Housing for Outsiders 外地人获得公共住房的机会

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2018-12-18 DOI: 10.1163/15718158-01902005

E. Kusumawati, A. H. D. Wolf, M. Brus

{"title":"Access to Public Housing for Outsiders","authors":"E. Kusumawati, A. H. D. Wolf, M. Brus","doi":"10.1163/15718158-01902005","DOIUrl":"https://doi.org/10.1163/15718158-01902005","url":null,"abstract":"While the decentralised system adhered to by Indonesia has allowed the central government to delegate its affairs to local governments and has brought benefits for democracy, several issues are open for improvement. One of the areas allocated to local governments is housing and settlements. There are indications that in some cases the local governments fail to provide access to public housing for outsiders, who are also vulnerable to eviction and resettlement. This article discusses legal regulations and examples of housing policy at the national level. Moreover, it assesses general practices of four Indonesian local governments: Jakarta, Surabaya, Jogjakarta and Surakarta, concerning access to public housing for outsiders. The article investigates whether the four Indonesian local governments unintentionally facilitate indirect discrimination or legally limit the right to housing for the purpose of promoting the general welfare. The analysis is based on the prohibition of indirect discrimination related to the right to housing in the International Covenant on Economic, Social and Cultural Rights (icescr), General Comments and Concluding Observations.","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/10.1163/15718158-01902005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44439313","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

Marcosian Atrocities: Historical Revisionism and the Legal Constraints on Forgetting 马可暴行：历史修正主义与遗忘的法律约束

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2018-12-18 DOI: 10.1163/15718158-01902003

R. L. A. Pangalangan, G. Fernandez, Ruby Rosselle L. Tugade

{"title":"Marcosian Atrocities: Historical Revisionism and the Legal Constraints on Forgetting","authors":"R. L. A. Pangalangan, G. Fernandez, Ruby Rosselle L. Tugade","doi":"10.1163/15718158-01902003","DOIUrl":"https://doi.org/10.1163/15718158-01902003","url":null,"abstract":"The Philippines resoundingly cried ‘never again’ to the horrors of the Marcos dictatorship through the People Power revolution of 1986. Thirty years later, the Filipino people have come to realise that success is indeed fleeting. On 18 November 2016, the remains of Philippine dictator Ferdinand E. Marcos were buried in the Libingan ng mga Bayani—the Heroes’ Cemetery. While the Philippine Supreme Court insists that the hero’s burial conferred to the author of the nation’s darkest chapter is a political question, from established doctrines here and abroad, the authors seek to derive the political answer. This article will look at the legitimacy of memory laws within the Philippine Constitutional framework. Finding guidance from the Auschiwtz lie case of the German Constitutional Court, the article seeks to combat historical revisionism and prohibit the Marcosian lie. Our research begins by looking at the resurgence of authoritarianism as seen through the populist presidency of Rodrigo Roa Duterte. We will then proceed to address the threshold issue of state-sanctioned narratives. Recognising that the duty to establish the truth involves the power to determine the narrative, the authors will reconcile the conflicting demands of the freedom of thought and the right to the truth. We will then proceed by utilising the fact-opinion distinction to demonstrate how the Marcosian lie may be the valid subject of regulation. The last phase of the research looks into the approaches adopted by the United Nations (un) Human Rights Committee and the European Court of Human Rights in dealing with negationism and historical revisionism.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718158-01902003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44128875","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

Differentiated Human Rights of Migrant Spouses Based on Nationalities in Taiwan 台湾移民配偶基于民族的差异化人权

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2018-12-18 DOI: 10.1163/15718158-01902001

Te-Yuan Chien

{"title":"Differentiated Human Rights of Migrant Spouses Based on Nationalities in Taiwan","authors":"Te-Yuan Chien","doi":"10.1163/15718158-01902001","DOIUrl":"https://doi.org/10.1163/15718158-01902001","url":null,"abstract":"In Taiwan, there were 530,512 migrant spouses in 2017 and, among them, 337,838 (about 63.7 per cent) came from China. However, Chinese spouses have to spend two years more than other foreign spouses to receive residency. Due to the political complexities between China and Taiwan, this differentiated treatment is a controversial issue. Nevertheless, some advocates have urged legislators to propose amendments, whereas others support raising the issue in the Constitutional Court.This article contends that the period it takes for Chinese and other foreign spouses to receive residency should be equal. Furthermore, the article suggests that it is more suitable for the legislative branch to use its plenary power in dealing with the political issues than the judicial branch, similar to how the United States (us) resolved disputes after the enactment of the Chinese-Exclusion Act 130 years ago.This article begins with the political and legal background to the differentiated treatment issue in Taiwan. The second part begins with the bills in Congress to eliminate the difference and outlines the interpretation of the Constitutional Court in Taiwan regarding the Chinese issues. The third part discusses the similar discriminatory treatment of the Chinese in the us after the Chinese-Exclusive Act in 1882 and how the Supreme Court dealt with those disputes. Finally, considering international treaties and the sensitivity of the political issues, this article suggests, similar to the us approach, introduction of the doctrine of plenary congressional power and the political question doctrine to resolve the disputes.","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/10.1163/15718158-01902001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45140861","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

Galvanisation of the Right to Development within the Shared Constitutional Space in India 印度共享宪政空间中发展权的激励

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2018-12-18 DOI: 10.1163/15718158-01902006

DharmendraKumar Singh.

{"title":"Galvanisation of the Right to Development within the Shared Constitutional Space in India","authors":"DharmendraKumar Singh.","doi":"10.1163/15718158-01902006","DOIUrl":"https://doi.org/10.1163/15718158-01902006","url":null,"abstract":"This article accentuates the concept of the right to development (rtd) and focuses on the various facets of rtd as developed by the Supreme Court of India in its multiple pronouncements since the advent of the last decade of the 20th century. The apex court, through a conjoint reading of various aspects provided in the Constitution’s Preamble, Fundamental Rights, Directive Principles and Fundamental Duties with the Declaration on rtd has interpreted various cases that have opened new horizons of curative developmental jurisprudence in India. The main aim of this study is to capture the various trends and directions of discourse on rtd and explore the constitutional space for rtd in India. This article also evaluates the impact that Declaration of rtd has had on the Supreme Court of India and to what extent has the Supreme Court of India galvanised rtd to provide remedies to millions of Indians. The article emphasises the holistic view taken by the Supreme Court in matters of private rights versus the developmental rights of millions. Another significant aspect of rtd that has been emphasised in this article is the conflict between human rights of the marginalised group with the burgeoning rtd. The discourse on economic growth and rtd within the constitutional space will remain in the heart of politicians, social scientists and the populace in the coming years.","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/10.1163/15718158-01902006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48553775","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

Can an Open Access Approach be the Solution to Better Implementation of the Right to Information Act in Bangladesh? 开放获取方法能否解决孟加拉国更好地执行《信息权法》的问题？

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2018-06-29 DOI: 10.1163/15718158-01901003

Harold Sougato Baroi, S. Alam, Carlos Bernal

{"title":"Can an Open Access Approach be the Solution to Better Implementation of the Right to Information Act in Bangladesh?","authors":"Harold Sougato Baroi, S. Alam, Carlos Bernal","doi":"10.1163/15718158-01901003","DOIUrl":"https://doi.org/10.1163/15718158-01901003","url":null,"abstract":"Legal implementation has always been a challenge in Bangladesh. The Right to Information Act 2009 (the RTI Act) was introduced in Bangladesh with the objective of ensuring people’s access to government information for improving accountability and empowering people to participate in decisions that shape the social, economic, and political aspects of their lives. However, this article suggests that there has been no significant improvement in accessing government information despite the enactment and the strategies for the implementation of the RTI Act. Most citizens are unaware of their legal entitlements to seek and receive information. Only a small number of applications have been registered with public offices since the RTI Act was introduced in 2009. The article argues that one of the main reasons behind the lack of improvement is that the chosen implementation approach fails to engage the public to exercise their right to access information related to government services. This article claims that a proactive and deliberative approach to information disclosure is a much better alternative to the current scheme for implementing the RTI Act.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718158-01901003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45198121","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

Human Rights in China: A Social Practice in the Shadows of Authoritarianism, written by Eva Pils 《中国的人权:威权主义阴影下的社会实践》，伊娃·皮尔斯著

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2018-06-29 DOI: 10.1163/15718158-01901005

Han Zhu

引用次数: 0

Women’s Human Rights and Migration: Sex-Selective Abortion Laws in the United States and India , written by Sital Kalantry 《妇女人权与移民:美国和印度的性别选择性堕胎法》，作者:西塔尔·卡兰特里

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2018-06-29 DOI: 10.1163/15718158-01901004

R. Alwis

引用次数: 0

The Rohingya Refugee Crisis and Human Rights: What Should ASEAN Do? 罗兴亚难民危机与人权:东盟该怎么做?

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2018-06-29 DOI: 10.1163/15718158-01901001

Z. Mutaqin

引用次数: 6

LGBTI Rights in Indonesia: A Human Rights Perspective 印尼的LGBTI权利：人权视角

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2018-06-29 DOI: 10.1163/15718158-01901002

Eleni Polymenopoulou

引用次数: 7

Enforcement of Fatwas in Bangladesh and the Violation of Constitutionally Guaranteed Fundamental Rights of Others: Compromising Between Rights 孟加拉国法特瓦的执行与对宪法保障的他人基本权利的侵犯:权利之间的妥协

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2017-12-18 DOI: 10.1163/15718158-01802002

J. H. Bhuiyan

引用次数: 0