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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
Q4 Social Sciences Pub Date : 2017-12-18 DOI: 10.1163/15718158-01802003
Agung Wardana, Ni Putu Yogi Paramitha Dewi
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.
在印度尼西亚,残疾人长期以来在主流发展政策中被边缘化。2011年,印度尼西亚批准了《联合国残疾人权利公约》(CRPD),为该国残疾人参与发展进程提供了新的机会。在这方面,通过颁布《第8/2016号残疾人法》,直接通过了《公约》的规定,迈出了在国内实施《公约》的第一步。本文追溯了新法律的发展,以及它与以前立法的不同之处。我们发现,通过推进以权利为基础的方法,新法律正在改变印尼长期以来对残疾人的家长式看法。尽管有这一重大变化,但新法律如何能够改变该国残疾人的困难状况仍有待观察。
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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
Q4 Social Sciences Pub Date : 2017-12-18 DOI: 10.1163/15718158-01802004
B. Perera
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.
作为一个批准了核心国际人权条约的国家,斯里兰卡有国际义务确保其高等教育部门符合这些条约规定的标准。但是,由于在宪法、立法和政策各级缺乏规范性的承认,符合上述标准的努力是临时的和被动的。因此,虽然与国家机构有关的质量保证机制仍处于形成阶段,但私营教育机构如雨后春笋般在该国涌现,但对质量没有任何有效的审查。挑战私立学校标准的主要方法是拒绝私立学校的毕业生。本文探讨了高等教育作为国际人权法下的国家义务的参数,即国家必须同时成为高等教育的提供者和其他提供者的促进者,以确保高等教育的可用性、可及性、可接受性和适应性得到维护。建议建立一种机制,使斯里兰卡的高等教育部门进行基于人权的改革,以纠正国家在为私立高等教育机构制定标准方面的不足。
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引用次数: 0
Inaccessible Public Bus Services in Thailand 泰国公共巴士服务不便
Q4 Social Sciences Pub Date : 2017-06-15 DOI: 10.1163/15718158-01801001
Naparat Kranrattanasuit
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.
本文旨在解释公共巴士服务(由泰国政府提供)与乘客需求不相容的原因和影响,特别是交通弱势乘客(即儿童,老人,孕妇,坐轮椅的人,行动不便的人,听力或视力障碍的人,负重的人,超重的人,移动缓慢的人)。对泰国官方文件,国际和国家学术论文的纪录片研究方法用于批判性分析。调查结果显示,尽管泰国政府计划提供低地板公交车以方便乘客,但由于交通不便,这项服务仍然具有挑战性。通用设计概念提供了所有辅助工具的完整安装,以适应所有群体的乘客。本文概述了泰国的公共汽车服务,讨论了“可达性”的含义,公共汽车服务与乘客需求不相容的原因和影响,所有人都可以获得公共汽车服务的多重优势,并提出了建议。
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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
Q4 Social Sciences Pub Date : 2017-06-15 DOI: 10.1163/15718158-01801005
A. Chong
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
水资源是一切生命之源,然而,对水资源需求的增加正在挑战世界有限的供应。人口增长、城市化、工业化、环境退化和气候变化都对水资源产生负面影响。越来越多的人认识到用水的人权,2010年联合国大会宣布安全、清洁的饮用水和卫生设施是一项人权《东南亚和印度的水权》一书及时探讨了九个亚洲国家(缅甸、柬埔寨、印度、印度尼西亚、老挝、中国、菲律宾、泰国和越南)享有安全和清洁饮用水和卫生设施的人权。该报告向读者介绍了这些国家获得清洁水和卫生设施的一般情况,以及规定保护这项人权的适用国家政策和法律。本书每章采用一致的格式,概述和讨论每个国家的健康和人权挑战、环境挑战、水政策和法律、水开发案例研究和对利益攸关方的采访。虽然作者强调了每个司法管辖区的水政策要点,但他没有对社会经济和政治进行全面分析
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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
Q4 Social Sciences Pub Date : 2017-06-15 DOI: 10.1163/15718158-01801003
Emily Sanchez Salcedo
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.
多层人权保护制度加上加拿大全面的促进人权运动可以为菲律宾人权委员会提供战略指导,因为该委员会在行使其保护和促进妇女权利的法定任务方面表现出遗憾的犹豫。菲律宾人权委员会最初成立的主要目的是调查1987年《菲律宾宪法》规定的涉及公民权利和政治权利的一切形式的侵犯人权行为,但它缺乏能力和资源来扩大其影响范围。加拿大各省和地区以及联邦一级的人权委员会的调解、调查和提交裁决的三个主要职能,很容易提供一种适当和负担得起的模式,可以在菲律宾的情况下很容易地加以仿效。
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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
Q4 Social Sciences Pub Date : 2017-06-15 DOI: 10.1163/15718158-01801002
Y. T. N. Dewi, G. Niemann, Marsudi Triatmodjo
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.
本文回顾了通过印度尼西亚人权法院机制提供更多人权保护的必要性。尽管法院的势头随着更大的民主自由的出现而增强,但要使法院以透明和负责任的方式运作,还有很长的路要走。当政治利益被置于人权保护之上时,当设立法院的立法不注意属于法院管辖范围内的各类罪行的调查和程序的复杂性时,就失去了这样做的机会。此外,缺乏对受害者和证人的保护也对起诉产生了不利影响。本文建议进行一些立法改革是可取的,但仅靠立法改革无法带来实现这一目标所需的同等重要的文化变革。这种转变只能通过确保在系统内操作的所有相关参与者都被追究责任并被要求以专业的方式操作来实现。
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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
Q4 Social Sciences Pub Date : 2017-06-15 DOI: 10.1163/15718158-01801004
A. Wolman
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.
在过去二十年中,城市人权机构在世界各地激增。首尔人权监察员办公室是此类举措的最新例子之一,该办公室成立于2013年1月,是韩国首尔人权保护的核心机构之一。本文将以采访和文献研究为基础,介绍首尔人权监察员办公室的运作情况。它将侧重于这个新成立的机构如何适应现有人权制度的问题,并特别解决三个不同的问题,即首尔人权监察员办事处反映地方与国家或国际影响的程度,它与其他人权行为者的机构关系类型,以及它执行地方与国家或国际人权准则的程度。
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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
Q4 Social Sciences Pub Date : 2016-12-21 DOI: 10.1163/15718158-01702001
Cynthia Banham
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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》
Q4 Social Sciences Pub Date : 2016-12-21 DOI: 10.1163/15718158-01702003
Nick Cheesman
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.
2012年整个2月,缅甸中央监狱的一个法庭记录了一名被告被警察严刑逼供的叙述,警察要他承认两年前的一起爆炸案。这一记录是如何实现的?关于警察虐待者与给予他们权力的政治团体的关系,叙述揭示了什么?根据阿甘本的直觉,在暴力发生的时刻,警察占据了一个与君主对称的区域,因为他以公共秩序的名义使用暴力是正当的,我认为在这种情况下,警察酷刑的描述可以用霍布斯的归因行为理论来解释。就像霍布斯的君主一样,缅甸警察有权决定何时以及如何代表国家对被拘留者使用暴力。被告后来能够向法官叙述他所遭受的酷刑,只是因为他没有资格向主权警察提出索赔,而主权警察是他本人作为政治共同体的一员授权的。具有讽刺意味的是,他的叙述之所以有可能被记录下来,正是因为他的主张没有效力。
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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
Q4 Social Sciences Pub Date : 2016-12-21 DOI: 10.1163/15718158-01702005
Adam Henschke
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.
在基地组织袭击美国之前,在自由民主的世界里很难找到对酷刑的支持。然而,9/11之后的酷刑(或者至少是非常接近酷刑的东西)被像美国这样的自由民主国家使用。以反恐战争为例,水刑等做法是正当的。这背后的推理是,我们有两种选择,大规模的暴力行为和酷刑,而酷刑是一种较小的罪恶,比如"定时炸弹"的场景如果你有两种选择,都很糟糕,但其中一种比另一种严重得多,那么较小的罪恶似乎是一个合理的选择。本文提出,由于不承认酷刑是一种普遍合理的行为,存在道德上的危险。它通过“光环效应”来解释这种滑动:一种认知偏见,通过与不相关的事实联系来判断某事是允许的或好的。鉴于目前国内恐怖主义的风险,文章认为我们需要从美国9/11事件后的例子中学习,以确保我们避免在非特殊情况下为使用酷刑辩护。
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引用次数: 0
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Asia-Pacific Journal on Human Rights and the Law
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