Pub Date : 2018-12-18DOI: 10.1163/15718158-01902005
E. Kusumawati, A. H. D. Wolf, M. Brus
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.
{"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}
Pub Date : 2018-12-18DOI: 10.1163/15718158-01902003
R. L. A. Pangalangan, G. Fernandez, Ruby Rosselle L. Tugade
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.
菲律宾通过1986年的人民力量革命(People Power revolution)向马科斯独裁统治的恐怖呐喊“永不再来”。三十年后，菲律宾人民开始意识到，成功确实是短暂的。2016年11月18日，菲律宾独裁者费迪南德·e·马科斯的遗体被安葬在利比亚英雄公墓。尽管菲律宾最高法院坚持认为，将这位英雄的葬礼授予这个国家最黑暗篇章的作者是一个政治问题，但作者们试图从国内外的既定教义中得出政治答案。本文将探讨记忆法在菲律宾宪法框架内的合法性。文章以德国宪法法院奥斯维辛集中营谎言案为指导，试图反对历史修正主义，禁止马克思主义谎言。我们的研究首先从罗德里戈·罗阿·杜特尔特(Rodrigo Roa Duterte)的民粹主义总统任期来看威权主义的复苏。然后，我们将继续讨论国家认可的叙事的门槛问题。作者认识到，确立真相的责任包括决定叙事的权力，他们将调和思想自由和了解真相的权利这两种相互冲突的要求。然后，我们将利用事实-意见的区别来证明马尔科斯谎言如何可能是有效的监管主体。研究的最后阶段探讨了联合国人权事务委员会和欧洲人权法院在处理否定主义和历史修正主义方面所采取的方法。
{"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}
Pub Date : 2018-12-18DOI: 10.1163/15718158-01902001
Te-Yuan Chien
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.
{"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}
Pub Date : 2018-12-18DOI: 10.1163/15718158-01902006
DharmendraKumar Singh.
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.
{"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}
Pub Date : 2018-06-29DOI: 10.1163/15718158-01901003
Harold Sougato Baroi, S. Alam, Carlos Bernal
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.
{"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}
Pub Date : 2018-06-29DOI: 10.1163/15718158-01901005
Han Zhu
{"title":"Human Rights in China: A Social Practice in the Shadows of Authoritarianism, written by Eva Pils","authors":"Han Zhu","doi":"10.1163/15718158-01901005","DOIUrl":"https://doi.org/10.1163/15718158-01901005","url":null,"abstract":"","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/10.1163/15718158-01901005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48236519","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}
Pub Date : 2018-06-29DOI: 10.1163/15718158-01901004
R. Alwis
{"title":"Women’s Human Rights and Migration: Sex-Selective Abortion Laws in the United States and India , written by Sital Kalantry","authors":"R. Alwis","doi":"10.1163/15718158-01901004","DOIUrl":"https://doi.org/10.1163/15718158-01901004","url":null,"abstract":"","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"14 1","pages":"69-73"},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72827884","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}
Pub Date : 2018-06-29DOI: 10.1163/15718158-01901001
Z. Mutaqin
This article will argue that there are three related issues of concern regarding the Rohingya crisis: (1) a singular focus on persecution and nationality in Myanmar; (2) statelessness and displacement in the region; and (3) grave human rights violations amounting to international crimes including genocide and crimes against humanity. This article will discuss active steps that ASEAN should take. To ensure that Myanmar will willingly accept the responsibility to address the source of the problem, the international community, particularly ASEAN, has to stand firm against Myanmar’s gross violation of human rights. At the same time, ASEAN must deal with the refugee crisis by formulating a workable regional framework. This article will deal with the underlying conflict paradigm in all refugee issues: how to reconcile state sovereignty vis-á-vis responsibility and how to ensure protection of both human rights and state security.
{"title":"The Rohingya Refugee Crisis and Human Rights: What Should ASEAN Do?","authors":"Z. Mutaqin","doi":"10.1163/15718158-01901001","DOIUrl":"https://doi.org/10.1163/15718158-01901001","url":null,"abstract":"This article will argue that there are three related issues of concern regarding the Rohingya crisis: (1) a singular focus on persecution and nationality in Myanmar; (2) statelessness and displacement in the region; and (3) grave human rights violations amounting to international crimes including genocide and crimes against humanity. This article will discuss active steps that ASEAN should take. To ensure that Myanmar will willingly accept the responsibility to address the source of the problem, the international community, particularly ASEAN, has to stand firm against Myanmar’s gross violation of human rights. At the same time, ASEAN must deal with the refugee crisis by formulating a workable regional framework. This article will deal with the underlying conflict paradigm in all refugee issues: how to reconcile state sovereignty vis-á-vis responsibility and how to ensure protection of both human rights and state security.","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/10.1163/15718158-01901001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45234709","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}
Pub Date : 2018-06-29DOI: 10.1163/15718158-01901002
Eleni Polymenopoulou
The threat of criminal punishment of same-sex relationships has revived in Indonesia. Despite the remarkable improvements that were made in recent years, such as the Yogyakarta principles in 2007 and the organisation of the Jakarta Q-film festival, homophobia has been gradually observed throughout the country. The criminal punishment of both prostitution and homosexuality in the (Islamised) region of Aceh by virtue of local laws (perdas) and incidents such as the raid of a Jakarta gay sauna in late 2017 that resulted in several prosecutions demonstrate that the struggle for non-discrimination and equality for lesbian, gay, bisexual, transgender and intersex (LGBTI) communities is still ongoing in this extremely diverse country. The present paper discusses this situation, highlighting the need for Indonesia to comply with its human rights obligations.
{"title":"LGBTI Rights in Indonesia: A Human Rights Perspective","authors":"Eleni Polymenopoulou","doi":"10.1163/15718158-01901002","DOIUrl":"https://doi.org/10.1163/15718158-01901002","url":null,"abstract":"The threat of criminal punishment of same-sex relationships has revived in Indonesia. Despite the remarkable improvements that were made in recent years, such as the Yogyakarta principles in 2007 and the organisation of the Jakarta Q-film festival, homophobia has been gradually observed throughout the country. The criminal punishment of both prostitution and homosexuality in the (Islamised) region of Aceh by virtue of local laws (perdas) and incidents such as the raid of a Jakarta gay sauna in late 2017 that resulted in several prosecutions demonstrate that the struggle for non-discrimination and equality for lesbian, gay, bisexual, transgender and intersex (LGBTI) communities is still ongoing in this extremely diverse country. The present paper discusses this situation, highlighting the need for Indonesia to comply with its human rights obligations.","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/10.1163/15718158-01901002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47752579","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}
Pub Date : 2017-12-18DOI: 10.1163/15718158-01802002
J. H. Bhuiyan
Each religious community is entitled to enjoy its religious freedom, and members of every community have the right to manifest, profess, and practice their religion. Fatwas are manifestations of religious belief. In Bangladesh, extra-judicial penalties in the form of lashings or beatings may be carried out in the name of fatwas. Consequently, fatwas as manifestations of religion may come into conflict with the rights of others. Questions then arise whether fatwas as manifestations of religion can be restricted, in what conditions, and by whom. This article will examine these questions.
{"title":"Enforcement of Fatwas in Bangladesh and the Violation of Constitutionally Guaranteed Fundamental Rights of Others: Compromising Between Rights","authors":"J. H. Bhuiyan","doi":"10.1163/15718158-01802002","DOIUrl":"https://doi.org/10.1163/15718158-01802002","url":null,"abstract":"Each religious community is entitled to enjoy its religious freedom, and members of every community have the right to manifest, profess, and practice their religion. Fatwas are manifestations of religious belief. In Bangladesh, extra-judicial penalties in the form of lashings or beatings may be carried out in the name of fatwas. Consequently, fatwas as manifestations of religion may come into conflict with the rights of others. Questions then arise whether fatwas as manifestations of religion can be restricted, in what conditions, and by whom. This article will examine these questions.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"32 1","pages":"155-171"},"PeriodicalIF":0.0,"publicationDate":"2017-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82622772","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}
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