The State has the duty and role in protecting and guaranteeing the human rights of its citizens. Violations of human rights often occur against vulnerable groups, one of which is children. Children ...as vulnerable groups have special rights due to their limitations, so they need protection. Countries in the world agree to review the protection of children by signing and ratifying Convention on the Right of the Child 1989. This Convention specifically regulates the protection and guarantee of the rights of the child to be undertaken by States Parties. However, violations of child rights continue to occur, one of them being child labor. Working causes children to lose their right to grow, grow, play and receive education. Writing method used is normative juridical research, that is by analyzing the legal issues contained in legislation related to the problem under study. The problem approach used by the conceptual approach and the legislative approach, using the source of primary legal material as a reference to complete the writing and collection of legal materials is done by using literature study techniques which are then analyzed through qualitative techniques. The results show that the state should be responsible for child labor under the Convention on the Right of the Child 1989, but the binding force of the rule has not been implemented by the state in accordance with the existing material and conditions. The evidence can be seen from various cases of child rights violations that still occur, such as children who are still employed.
The State has the duty and role in protecting and guaranteeing the human rights of its citizens. Violations of human rights often occur against vulnerable groups, one of which is children. Children ...as vulnerable groups have special rights due to their limitations, so they need protection. Countries in the world agree to review the protection of children by signing and ratifying Convention on the Right of the Child 1989. This Convention specifically regulates the protection and guarantee of the rights of the child to be undertaken by States Parties. However, violations of child rights continue to occur, one of them being child labor. Working causes children to lose their right to grow, grow, play and receive education. Writing method used is normative juridical research, that is by analyzing the legal issues contained in legislation related to the problem under study. The problem approach used by the conceptual approach and the legislative approach, using the source of primary legal material as a reference to complete the writing and collection of legal materials is done by using literature study techniques which are then analyzed through qualitative techniques. The results show that the state should be responsible for child labor under the Convention on the Right of the Child 1989, but the binding force of the rule has not been implemented by the state in accordance with the existing material and conditions. The evidence can be seen from various cases of child rights violations that still occur, such as children who are still employed.
State responsibility for environmental damage Maddah Abdellatif; Mansouri Al Mabrouk
Mağallaẗ al-iğtihād li-l-dirāsāt al-qānūniyyaẗ wa al-iqtiṣādiyyaẗ,
01/2020, Volume:
9, Issue:
1
Journal Article
Peer reviewed
Open access
In this speech, we take the international responsibility for the violation of the natural environment because the subject of environmental pollution is one of the fertile subjects, because societies ...do not have environmental awareness and its importance, so Algeria has followed the countries that have recognized responsibility for harming the environment in all its forms and have endeavored to apply this to the ground. So to enrich this article further and to stand on the international responsibility for the damage to the environment and the effects it decides. In answer to the following problem: what is the responsibility of the damage to the environment in front of the international judiciary system and what are the effects it decides and what are the obstacles to the application of international responsibility for prejudice The natural environment?
This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the ...international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.
The book begins with an analysis of the technological infrastructure environment and of the manifold regulatory theories developed in the Internet Governance context. Based on this foundation the ...transnational normative ecosystem is outlined, followed by a detailed discussion of the substantive Internet Governance principles (such as legitimacy, participation, transparency, accountability). These considerations lead to the presentation of relevant international legal concepts (duty of co-operation, global public goods, shared spaces, due diligence, State responsibility) that merit more attention. The outlook proposes potential approaches for improving the future of the Internet Governance design.
El Estado debe ser garante de la seguridad ciudadana y del mantenimiento del orden público, como lo señala el artículo 2 de la Constitución, pero también debe velar por el cumplimiento de los ...derechos humanos en territorio y por los tratados y convenios internacionales que haya firmado o ratificado. El objetivo principal de este artículo es hacer un análisis de la responsabilidad internacional del Estado en el marco de la protesta social. En este sentido, se discute el derecho a la protesta social nacional e internacionalmente, la criminalización y los límites impuestos a este derecho, el papel que desempeñan los medios de comunicación y, finalmente, la responsabilidad del Estado por la acción u omisión de sus agentes en la limitación al ejercicio de esta protesta, así como la falta de políticas y su regulación. Mediante el análisis de fuentes y la revisión de datos, con base en el método analítico-sistemático, se consultan fuentes bibliográficas y documentales para tener un panorama más claro sobre este tema. El trabajo concluye que el Estado es responsable internacionalmente por la acción u omisión de sus agentes y, en este sentido, debe responder frente al hecho ocurrido en el marco de la protesta, en el entendido de las garantías internaciones y constitucionales que tiene este derecho autónomo.
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The 2018 earthquake in Palu highlighted the city's vulnerability. For this reason, disaster mitigation efforts were needed to reduce the impact of disaster. Disaster mitigation can take the form of ...formulating human rights-based spatial policies. The government is obliged to protect, respect, and promote human rights. The rights that must be protected in the formulation of spatial planning policies are the right to information, the right to participate, and the right to justice. This study aims to determine why disaster mitigation efforts through spatial planning policies are important for local governments to undertake and what form the responsibility of local governments in disaster mitigation efforts through human rights-based spatial planning policies in Palu City takes. This study used qualitative research methods. The data obtained comes from primary and secondary sources. Primary data includes excerpts from interviews with stakeholders and observations, as well as laws and regulations. Secondary data include scientific articles published in various accredited national journals and reports from relevant state agencies and institutions. The results of this study found that mitigation through spatial planning policies based on human rights is important to be done because, in addition to reducing the impact of disaster, it also ensures that people's rights are not violated. Through this spatial planning policy, the community can identify potential threats of disaster to their residential areas, allowing them to make informed decisions about their future quality of life in that area. Furthermore, active community participation in the implementation of this policy is encouraged to reduce the impact of future disasters. It is hoped that other regions, especially those prone to disaster, can also apply the concept of disaster mitigation through human rights-based spatial planning policies based on the results of this research.
Article 28H and Article 34 of the 1945 Constitution of the Republic of Indonesia stipulate that fulfilling the health rights of Indonesian citizens is the responsibility of the state. Human rights ...require that individuals have access to the availability of medicines in society. The high price of medicines, especially patent medicines, results in limited access and availability of essential medicines. This study uses normative legal research methods, with a statutory approach, and a conceptual approach. The purpose of this study is to examine and analyze the state's goals in fulfilling the right to health as a human right by the state as well as access and availability of patented drugs to fulfill the right to health. In addition to ensuring the availability of complete medicines in sufficient quantity, quality, affordable and easily accessible to the public, the government is also responsible for protecting the rights of inventors as long as the drugs are still under patent protection. To balance these two rights, the government plays the role of provider, regulator, entrepreneur and umpire.
: The task for critical urban research is to analyze processes of neoliberalization “on the ground”. This paper examines—based on original empirical research—in how far the outsourcing of former ...local state responsibilities for public services and urban infrastructure is expressed in the promotion of community gardening in Berlin (Germany). It shows the contradictory outcomes: on the one hand, a failing strategy of outsourcing towards residents and the opening up of opportunity structures for other interests. On the other hand it shows how far the emergence of open green spaces maintained by volunteers can only be understood against the background of “roll‐back” neoliberal urban politics and that their rationality cannot be separated from “roll‐out neoliberalism”.
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