发布求助
文献互助 智能选刊 最新文献

Asia-Pacific Journal on Human Rights and the Law最新文献

筛选
英文 中文
Moving Away From Paternalism: The New Law on Disability in Indonesia 远离家长式作风:印尼的新残疾人法
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2017-12-18 DOI: 10.1163/15718158-01802003
Agung Wardana, Ni Putu Yogi Paramitha Dewi
{"title":"Moving Away From Paternalism: The New Law on Disability in Indonesia","authors":"Agung Wardana, Ni Putu Yogi Paramitha Dewi","doi":"10.1163/15718158-01802003","DOIUrl":"https://doi.org/10.1163/15718158-01802003","url":null,"abstract":"In Indonesia, persons with disabilities have long been marginalised in mainstream development policies. The adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which was ratified by Indonesia in 2011, has opened new opportunities for persons with disabilities in the country to participate in the development process. In this regard, the first step toward the implementation of the convention domestically has been undertaken through the enactment of Law No. 8/2016 on Persons with Disabilities where the provisions of the convention are directly adopted. This article traces the development of the new law and how it differs from the previous legislation. We find that the new law is moving away from a long-standing paternalistic view toward disability in Indonesia by advancing a rights-based approach. Despite this substantial change, it remains to be seen how the new law would be able to change the challenging conditions of persons with disabilities in the country.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"52 1","pages":"172-195"},"PeriodicalIF":0.0,"publicationDate":"2017-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81882906","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: 5
Achieving the Zenith of Education: Human Rights Based Transformation of Higher Education in Sri Lanka 实现教育的顶峰:斯里兰卡高等教育基于人权的转型
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2017-12-18 DOI: 10.1163/15718158-01802004
B. Perera
{"title":"Achieving the Zenith of Education: Human Rights Based Transformation of Higher Education in Sri Lanka","authors":"B. Perera","doi":"10.1163/15718158-01802004","DOIUrl":"https://doi.org/10.1163/15718158-01802004","url":null,"abstract":"As a country that has ratified core international human rights treaties, Sri Lanka has an international obligation to ensure that its higher education sector meets the standards set out in those treaties. However, due to a lack of normative recognition accorded at constitutional, legislative and policy levels, attempts at conformity with the aforementioned standards have been ad hoc and reactive. Consequently, whereas quality assurance mechanisms pertaining to state institutions are still in formative stages, private educational institutions have sprung up in the country without any effective scrutiny as to quality. The main method of challenging the standards of private institutions has been to reject the graduates from the said institutions.This article explores the parameters of higher education as a state obligation under international human rights law, whereby the state is required simultaneously to be a provider of higher education and a facilitator of other providers to ensure that availability, accessibility, acceptability and adaptability of higher education are upheld. Establishment of a mechanism equipped to make human rights based transformations to the higher education sector of Sri Lanka is suggested to redress the deficiencies in setting standards for private higher educational institutions by the state.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"22 1","pages":"196-218"},"PeriodicalIF":0.0,"publicationDate":"2017-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82672444","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
Inaccessible Public Bus Services in Thailand 泰国公共巴士服务不便
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2017-06-15 DOI: 10.1163/15718158-01801001
Naparat Kranrattanasuit
{"title":"Inaccessible Public Bus Services in Thailand","authors":"Naparat Kranrattanasuit","doi":"10.1163/15718158-01801001","DOIUrl":"https://doi.org/10.1163/15718158-01801001","url":null,"abstract":"This article aims to explain the causes and effects of incompatibility between public bus services (provided by the Thai government) and the needs of passengers, particularly transport-disadvantaged passengers (namely children, elders, pregnant women, persons with wheelchair, mobility, hearing or visual impairment, people carrying heavy loads, the overweight, people with slow moving preferences). A documentary-research approach on Thai official documents, international and national academic papers is utilised for critical analysis. The findings show that even though the Thai government has planned to provide low floor public buses to facilitate passengers, the services remain challenging because of inaccessibility. The universal design concept provides for full installation of all aid tools that accommodate all groups of passengers. The article provides an overview of public bus services in Thailand, discusses the meaning of ‘accessibility,’ the causes and effects of incompatibility between public bus services and passengers’ needs, the multiple advantages of accessible public bus services for all, and concludes with recommendations.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"73 1","pages":"1-27"},"PeriodicalIF":0.0,"publicationDate":"2017-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90410599","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
Analysis of Right to Water Needs Further Depth 对水权的分析需要进一步深入
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2017-06-15 DOI: 10.1163/15718158-01801005
A. Chong
{"title":"Analysis of Right to Water Needs Further Depth","authors":"A. Chong","doi":"10.1163/15718158-01801005","DOIUrl":"https://doi.org/10.1163/15718158-01801005","url":null,"abstract":"Water resources are the source of all life, and yet the increase in demand for water resources is challenging the world’s finite supply. Growing populations, urbanisation, industrialisation, environmental degradation and climate change all have a negative impact on water resources. Increasingly, the human right to water has been recognised, and in 2010 the United Nations (un) General Assembly declared safe and clean drinking water and sanitation a human right.1 This book, Water Rights in Southeast Asia and India, is a timely account that explores the human right to safe and clean drinking water and sanitation in nine Asian countries: Myanmar, Cambodia, India, Indonesia, Laos, China, the Philippines, Thailand and Vietnam. The account provides the reader with the general situation of access to clean water and sanitation in each of these countries as well as the applicable national policies and laws regulating the protection of this human right. The book adopts a consistent format for each chapter, providing in respect of each country an overview and discussion of health and human rights challenges, environmental challenges, water policy and law, a water development case study and an interview with a stakeholder. While the author highlights the salient points of water policy for each juridistion, he does not provide holistic analyses of the socio-economic and political","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"45 1","pages":"109-116"},"PeriodicalIF":0.0,"publicationDate":"2017-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88081817","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
Expanding the Role of the Philippine Commission on Human Rights for the Protection of Gender Equality in the Workplace 扩大菲律宾人权委员会在保护工作场所性别平等方面的作用
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2017-06-15 DOI: 10.1163/15718158-01801003
Emily Sanchez Salcedo
{"title":"Expanding the Role of the Philippine Commission on Human Rights for the Protection of Gender Equality in the Workplace","authors":"Emily Sanchez Salcedo","doi":"10.1163/15718158-01801003","DOIUrl":"https://doi.org/10.1163/15718158-01801003","url":null,"abstract":"The multi-layered system of human rights protection complemented by a comprehensive campaign for human rights promotion in Canada can provide strategic guidance for the Philippine Commission on Human Rights as it manifests unfortunate hesitation to exercise its statutory mandate to protect and promote women’s rights. Originally created for the primary purpose of investigating all forms of human rights violations involving civil and political rights under the 1987 Philippine Constitution, the Philippine Commission on Human Rights lacks the capacity and has insufficient resources to extend its reach. The three main functions of mediation, investigation, and referral to adjudication, of the human rights commissions in various Canadian provinces and territories, as well as at the federal level, readily offer an appropriate and affordable model that can be easily emulated in the Philippine setting.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"278 4","pages":"48-77"},"PeriodicalIF":0.0,"publicationDate":"2017-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718158-01801003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72407353","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
Indonesia’s Human Rights Court: Need for Reform 印尼人权法庭:改革的必要性
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2017-06-15 DOI: 10.1163/15718158-01801002
Y. T. N. Dewi, G. Niemann, Marsudi Triatmodjo
{"title":"Indonesia’s Human Rights Court: Need for Reform","authors":"Y. T. N. Dewi, G. Niemann, Marsudi Triatmodjo","doi":"10.1163/15718158-01801002","DOIUrl":"https://doi.org/10.1163/15718158-01801002","url":null,"abstract":"This article reviews the need to provide greater human rights protections through Indonesia’s Human Rights Court mechanism. Despite the Court gaining momentum with the emergence of greater democratic freedoms, there is still quite a long way to go before the Court can function in a transparent and accountable way. The opportunity to do this was missed when political interests were put ahead of human rights protections when the legislation creating the Court paid no attention to the investigating and procedural complexities of categories of the crimes falling within the jurisdiction of the Court. Moreover, the lack of protection for victims and witnesses has had an adverse impact on prosecutions. This article recommends that some legislative reform is desirable but legislative reform alone will not bring about the equally important cultural change required to achieve this objective. This transformation can only be achieved by ensuring that all the relevant actors operating within the system are held accountable and required to operate in a professional manner.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"41 1","pages":"28-47"},"PeriodicalIF":0.0,"publicationDate":"2017-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84997155","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: 22
Human Rights between the Local and Global: A Case Study of the Seoul Human Rights Ombudsperson 地方与全球的人权:以首尔市人权监察专员为例
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2017-06-15 DOI: 10.1163/15718158-01801004
A. Wolman
{"title":"Human Rights between the Local and Global: A Case Study of the Seoul Human Rights Ombudsperson","authors":"A. Wolman","doi":"10.1163/15718158-01801004","DOIUrl":"https://doi.org/10.1163/15718158-01801004","url":null,"abstract":"Over the last two decades, municipal human rights institutions have proliferated around the world. One of the newest examples of such initiatives is the Seoul Human Rights Ombudsperson Office, which was established in January 2013 as one of the core institutions of human rights protection in Seoul, Korea. This article will present a case study of the operations of the Seoul Human Rights Ombudsperson Office based on interviews and documentary research. It will focus on the question of how this newly established institution fits into the existing human rights regime, and in particular address three distinct issues, namely the degree to which the Seoul Human Rights Ombudsperson Office reflects local versus national or international influences, the types of institutional relationships it has with other human rights actors, and the degree to which it implements local versus national or international human rights norms.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"74 1","pages":"78-107"},"PeriodicalIF":0.0,"publicationDate":"2017-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74517410","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
Introduction: Special section on post 9/11 perspectives on torture 引言:关于后9/11时代酷刑观点的特别部分
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2016-12-21 DOI: 10.1163/15718158-01702001
Cynthia Banham
{"title":"Introduction: Special section on post 9/11 perspectives on torture","authors":"Cynthia Banham","doi":"10.1163/15718158-01702001","DOIUrl":"https://doi.org/10.1163/15718158-01702001","url":null,"abstract":"","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"153 1","pages":"179-184"},"PeriodicalIF":0.0,"publicationDate":"2016-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73468424","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
Reading Hobbes’s Sovereign into a Burmese Narrative of Police Torture 从缅甸警察酷刑叙事解读霍布斯的《君主》
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2016-12-21 DOI: 10.1163/15718158-01702003
Nick Cheesman
{"title":"Reading Hobbes’s Sovereign into a Burmese Narrative of Police Torture","authors":"Nick Cheesman","doi":"10.1163/15718158-01702003","DOIUrl":"https://doi.org/10.1163/15718158-01702003","url":null,"abstract":"Throughout February 2012, a court sitting at Myanmar’s central prison recorded a defendant’s narrative of torture by policemen to have him confess to a bombing two years prior. How was this record made possible? What does the narrative reveal about the relationship of police torturers to the political community giving them authority to act? Working from Agamben’s intuition that in the moment of violence the policeman occupies an area symmetrical to the sovereign, inasmuch as his use of violence is justified in the name of public order, I suggest the account of police torture in this case can be explained in terms of Hobbes’s theory of attributed action. Like Hobbes’s sovereign, the Burmese policemen had the prerogative to decide when and how to use violence against the detained subject on behalf of the state. That the defendant could later recount to a judge the torture done to him was only because he lacked standing to lay claims against sovereign police, who he himself, as a member of the political community, had authorised. Ironically, the record of his narrative was possible precisely because his claims were without efficacy.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"1 1","pages":"199-211"},"PeriodicalIF":0.0,"publicationDate":"2016-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76668791","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: 2
Sliding off Torture’s Halo of Prohibition: Lessons on the Morality of Torture Post 9/11 从禁止酷刑的光环中滑落:9/11后酷刑的道德教训
Asia-Pacific Journal on Human Rights and the Law Pub Date : 2016-12-21 DOI: 10.1163/15718158-01702005
Adam Henschke
{"title":"Sliding off Torture’s Halo of Prohibition: Lessons on the Morality of Torture Post 9/11","authors":"Adam Henschke","doi":"10.1163/15718158-01702005","DOIUrl":"https://doi.org/10.1163/15718158-01702005","url":null,"abstract":"Before the Al Qaeda attacks in the US, it was hard to find support for torture in the liberal-democratic world. However, post 9/11 torture (or at least something very close to torture) was used by liberal democracies like the United States (US). Practices like water-boarding were justified by reference to the war on terror. Underneath this lies a reasoning that we have two options, some large scale act of violence and torture, and that torture is a lesser evil, exemplified by ‘ticking time bomb’ scenarios – if you have two options, both bad, but one is far worse than the other, the lesser evil seems a reasonable decision. This article proposes that there is a moral danger through slippage from recognising torture as a generally justified action. It explains this slippage by reference to the ‘halo effect’: a cognitive bias in which something is judged as permissible or good through association with non-relevant facts. Given the current risks of domestic terrorism, the article argues that we need to learn from the US example post 9/11 to ensure that we avoid justifying uses of torture in non-exceptional circumstances.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"42 1","pages":"227-239"},"PeriodicalIF":0.0,"publicationDate":"2016-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75664687","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
首页 上一页 下一页 尾页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：481959085
Book学术官方微信