ETA violence had an impact not only on Basque and Spanish society as a whole, but especially on certain groups who suffered the effects of being direct targets of ETA attacks. One of the most directly affected groups were the police forces (members of the Ertzaintza and of the Spanish security forces), as well as their families. This article uses a qualitative methodology (based on semi-structured in-depth interviews) to reflect and analyse the threat that ETA posed for these police forces and their families in the Basque Country, with special emphasis on the way in which their fundamental rights were affected by ETA actions.
{"title":"Truth, Justice, and Reparation. Human Rights Violations and their Impact on the Police Forces and their Families in the Context of ETA Terrorism","authors":"José Ramón Intxaurbe Vitorica, Trinidad Lourdes Vicente Torrado, Gorka Urrutia Asua","doi":"10.17561/tahrj.v21.7696","DOIUrl":"https://doi.org/10.17561/tahrj.v21.7696","url":null,"abstract":"ETA violence had an impact not only on Basque and Spanish society as a whole, but especially on certain groups who suffered the effects of being direct targets of ETA attacks. One of the most directly affected groups were the police forces (members of the Ertzaintza and of the Spanish security forces), as well as their families. This article uses a qualitative methodology (based on semi-structured in-depth interviews) to reflect and analyse the threat that ETA posed for these police forces and their families in the Basque Country, with special emphasis on the way in which their fundamental rights were affected by ETA actions.","PeriodicalId":41374,"journal":{"name":"Age of Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135863829","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}
I Nyoman Prabu Buana Rumiartha, I Gusti Agung Mas Rwa Jayantiari
The results of data collection conducted by the United Nations for Refugee Affairs (UNHCR) revealed that out of a total of 1,001 Rohingya ethnic refugees from Myanmar scattered in several refugee camps in Aceh, Indonesia, there were 374 child refugees, of whom were children without pa the principle of universality of human rights states that all humans have the same rights without discrimination, including the granting of the right to education to children of asylum seekers in transit countries. Furthermore, for Rohingya refugees who are already in Indonesia, they are given humanitarian protection, including fulfilling the right to education for Rohingya refugee children, even though Indonesia is not yet a state party to the 1951 convention on refugee status and the 1967 protocol, and does not yet have a system for determining refugee status. The research results show, the Fulfilling Right to Education for Rohingya Refugee Children in Indonesia, based on Law no. 39 of 1999 concerning Human Rights which has standards from the Universal Declaration of Human Rights, while for the protection of refugee children it is confirmed by Law No. 35 of 2014 concerning Child Protection which is the signing and ratification of Covention on the Right of the Child and Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Abroad which specifically regulates refugees, ratifying the Convention on the Rights of the Child into Decisions President Number 26 of 1990, then Indonesia has directly agreed to the entire contents of the convention in all actions against children in Indonesia such as the state's obligation to protect children who are within its jurisdiction. The provisions of Government Regulation no. 78 of 2021 concerning Special Protection for Children, in Article 6. Indonesia Ministry of Education and Culture Circular Letter No. 752553/A.A4/HK/2019 concerning Fulfillment of the Right to Education for Children of Foreign Refugees, has opened the way for school-age children of foreign refugees to pursue formal education in educational institutions. The policy of the Indonesian government to fulfill the right to education for the children of overseas refugees should be appreciated. This is because Indonesia has not ratified the 1951 Convention on the Status of Refugees.
{"title":"Fulfilling Right to Education for Rohingya Refugee Children in Indonesia","authors":"I Nyoman Prabu Buana Rumiartha, I Gusti Agung Mas Rwa Jayantiari","doi":"10.17561/tahrj.v21.7659","DOIUrl":"https://doi.org/10.17561/tahrj.v21.7659","url":null,"abstract":"The results of data collection conducted by the United Nations for Refugee Affairs (UNHCR) revealed that out of a total of 1,001 Rohingya ethnic refugees from Myanmar scattered in several refugee camps in Aceh, Indonesia, there were 374 child refugees, of whom were children without pa the principle of universality of human rights states that all humans have the same rights without discrimination, including the granting of the right to education to children of asylum seekers in transit countries. Furthermore, for Rohingya refugees who are already in Indonesia, they are given humanitarian protection, including fulfilling the right to education for Rohingya refugee children, even though Indonesia is not yet a state party to the 1951 convention on refugee status and the 1967 protocol, and does not yet have a system for determining refugee status. The research results show, the Fulfilling Right to Education for Rohingya Refugee Children in Indonesia, based on Law no. 39 of 1999 concerning Human Rights which has standards from the Universal Declaration of Human Rights, while for the protection of refugee children it is confirmed by Law No. 35 of 2014 concerning Child Protection which is the signing and ratification of Covention on the Right of the Child and Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Abroad which specifically regulates refugees, ratifying the Convention on the Rights of the Child into Decisions President Number 26 of 1990, then Indonesia has directly agreed to the entire contents of the convention in all actions against children in Indonesia such as the state's obligation to protect children who are within its jurisdiction. The provisions of Government Regulation no. 78 of 2021 concerning Special Protection for Children, in Article 6. Indonesia Ministry of Education and Culture Circular Letter No. 752553/A.A4/HK/2019 concerning Fulfillment of the Right to Education for Children of Foreign Refugees, has opened the way for school-age children of foreign refugees to pursue formal education in educational institutions. The policy of the Indonesian government to fulfill the right to education for the children of overseas refugees should be appreciated. This is because Indonesia has not ratified the 1951 Convention on the Status of Refugees.","PeriodicalId":41374,"journal":{"name":"Age of Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135871684","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}
This article discusses the problem of torture in Mexico and its impact on the legitimacy of the State and the protection of human rights. Despite the normative advances in the configuration of the notion of torture, there are problems of effectiveness in the mechanisms with which the State operates to comply with its obligation of due diligence in the prevention, investigation, registration and prosecution of torture cases. The author emphasizes that torture is a symptom of the weakness of the rule of law, which produces a social delegitimization due to the disappointment of society’s expectations in legal institutions and in the procedural guarantees of criminal justice systems. Furthermore, torture is related to a culture of impunity, discrimination and inequality, which demands effective and fair policies to address this problem. Therefore, it is necessary to advance in the justiciability, prevention, investigation, eradication, protection, reparation and punishment of acts of torture.
{"title":"The Prohibition of Torture from a Human Rights Perspective: Fiction or Reality in the Current Rule of Law","authors":"Geofredo Angulo López","doi":"10.17561/tahrj.v21.7987","DOIUrl":"https://doi.org/10.17561/tahrj.v21.7987","url":null,"abstract":"This article discusses the problem of torture in Mexico and its impact on the legitimacy of the State and the protection of human rights. Despite the normative advances in the configuration of the notion of torture, there are problems of effectiveness in the mechanisms with which the State operates to comply with its obligation of due diligence in the prevention, investigation, registration and prosecution of torture cases. The author emphasizes that torture is a symptom of the weakness of the rule of law, which produces a social delegitimization due to the disappointment of society’s expectations in legal institutions and in the procedural guarantees of criminal justice systems. Furthermore, torture is related to a culture of impunity, discrimination and inequality, which demands effective and fair policies to address this problem. Therefore, it is necessary to advance in the justiciability, prevention, investigation, eradication, protection, reparation and punishment of acts of torture.","PeriodicalId":41374,"journal":{"name":"Age of Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135095449","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}
Recent advances in technology have demonstrated the enormous flexibility of Distributed Ledger Technology (DLT), whose potential goes well beyond the cryptocurrency trading. This article explores the potential impact that the utilization of a permissioned blockchain could have on listed companies and how this could be an appropriate instrument for a more effective implementation of the provisions of the Shareholder Rights Directive II. This technological infrastructure could attest the correct formation of will within the shareholders’ meeting and contribute to the creation of a truly democratic space for the meeting and discussion among shareholders, thus allowing achievement of freedom to conduct a business. However, the most advanced use of blockchain technology has a disruptive effect and exposes us to the great danger of an “algocratic” drift. Therefore, this article analyses the main critical issues from both a technical and legal viewpoint of Decentralized Autonomous Organizations (DAOs).
{"title":"Blockchain and Freedom to Conduct a Business: Between Myth and Reality","authors":"Attilio Della Pietra","doi":"10.17561/tahrj.v21.7971","DOIUrl":"https://doi.org/10.17561/tahrj.v21.7971","url":null,"abstract":"Recent advances in technology have demonstrated the enormous flexibility of Distributed Ledger Technology (DLT), whose potential goes well beyond the cryptocurrency trading. This article explores the potential impact that the utilization of a permissioned blockchain could have on listed companies and how this could be an appropriate instrument for a more effective implementation of the provisions of the Shareholder Rights Directive II. This technological infrastructure could attest the correct formation of will within the shareholders’ meeting and contribute to the creation of a truly democratic space for the meeting and discussion among shareholders, thus allowing achievement of freedom to conduct a business. However, the most advanced use of blockchain technology has a disruptive effect and exposes us to the great danger of an “algocratic” drift. Therefore, this article analyses the main critical issues from both a technical and legal viewpoint of Decentralized Autonomous Organizations (DAOs).","PeriodicalId":41374,"journal":{"name":"Age of Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135153269","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}
Hilary Nwaechefu, Nnawulezi Uche, Mary-Ann O. Ajayi, Ogah Chinyere Constance
Human Rights abuses in South Africa occasioned by xenophobic attacks in South Africa had occurred intermittently for over a decade despite the hue and cry against xenophobia. Driven primarily by efforts to protect human life and overcome the challenges of xenophobia, some international human rights organisations expressed their views on the curtailment of human rights abuses perpetrated in South Africa. Contextually, South- Africa has notable human rights organisations, yet human rights abuses happen through xenophobic attacks in some parts of the country. The primary objective of this paper is to identify human rights challenges brought about by xenophobic attacks, including the right to human dignity and the right to life. This methodology adopted in this paper included reference to statutes, internet sources, and newspaper publications. This paper finds, amongst others, that despite the United Nations conventions and other international laws guaranteeing the human rights of all persons, the South African government appeared overwhelmed by the xenophobic attacks in dealing with the situation. This paper made useful recommendations towards preventing future xenophobic attacks and avoiding human rights violations.
{"title":"Addressing the Emerging Issues of Xenophobic Attack and Human Rights Violations in South Africa: Adopting a Human Rights-Based Approach","authors":"Hilary Nwaechefu, Nnawulezi Uche, Mary-Ann O. Ajayi, Ogah Chinyere Constance","doi":"10.17561/tahrj.v21.7806","DOIUrl":"https://doi.org/10.17561/tahrj.v21.7806","url":null,"abstract":"Human Rights abuses in South Africa occasioned by xenophobic attacks in South Africa had occurred intermittently for over a decade despite the hue and cry against xenophobia. Driven primarily by efforts to protect human life and overcome the challenges of xenophobia, some international human rights organisations expressed their views on the curtailment of human rights abuses perpetrated in South Africa. Contextually, South- Africa has notable human rights organisations, yet human rights abuses happen through xenophobic attacks in some parts of the country. The primary objective of this paper is to identify human rights challenges brought about by xenophobic attacks, including the right to human dignity and the right to life. This methodology adopted in this paper included reference to statutes, internet sources, and newspaper publications. This paper finds, amongst others, that despite the United Nations conventions and other international laws guaranteeing the human rights of all persons, the South African government appeared overwhelmed by the xenophobic attacks in dealing with the situation. This paper made useful recommendations towards preventing future xenophobic attacks and avoiding human rights violations.","PeriodicalId":41374,"journal":{"name":"Age of Human Rights Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135153606","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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