scholarly journals Penyelenggaraan Pendidikan Kristen Sebagai Pemenuhan Hak Asasi Manusia

2020 ◽  
Vol 1 (1) ◽  
pp. 25-37
Author(s):  
Clartje Silvia E. Awulle
Keyword(s):  
Human Rights ◽  
Christian Education ◽  
Active Role ◽  
The State ◽  
Christian Higher Education ◽  
Human Right ◽  
Right To Education ◽  
National Education ◽  
Role Of The State ◽  
The Right

This paper examines the organization of Christian education by the Theological College in the context of the fulfillment of human rights in the field of education. The writing of this paper uses qualitative discription methods and literature studies. In the context of human rights, the right to education is categorized as a positive right (positive right) because to realize these rights, it really requires an active role of the state so that the formulation of the right to education uses the term right to (right to) meaning that every citizen has the right to proper education as a basic human right that must be protected and fulfilled by the state with the aim that humans are protected their dignity, welfare and continuity of life. Having the opportunity to attend Christian education is a basic right of every Indonesian citizen who is a Christian who must be protected, guaranteed and fulfilled by the state. In the end all Christian citizens have the same opportunity to enjoy Christian higher education as a national education sub-system without discrimination. Abstrak Makalah ini mengkaji mengenai penyelenggaraan pendidikan kristen oleh Sekolah Tinggi Theologi dalam konteks pemenuhan hak asasi manusia (HAM) di bidang pendidikan. Penulisan makalah ini menggunakan metode qualitative discription dan studi literatur. Dalam konteks HAM, hak atas pendidikan dikategorikan sebagai hak positif (positive right) karena untuk merealisasikan hak-hak tersebut, sangat membutuhkan peran aktif negara sehingga rumusan hak atas pendidikan menggunakan istilah right to (berhak atas) artinya setiap warga negara berhak atas pendidikan yang layak sebagai hak dasar manusia yang harus dilindungi dan dipenuhi oleh negara dengan tujuan agar manusia terlindungi martabat, kesejahteraannya dan kelanjutan kehidupannya. Memperoleh kesempatan untuk mengikuti pendidikan kristen adalah hak dasar setiap warga negara Indonesia yang beragama kristen yang wajib dilindungi, dijamin dan dipenuhi oleh negara. Pada akhirnya semua warga negara Kristen memiliki kesempatan yang sama untuk menikmati pendidikan tinggi kristen sebagai sub sistem pendidikan nasional tanpa diskriminasi.

scholarly journals ON THE ROLE OF THE STATE IN ENSURING EFFECTIVE DEFENSE IN CRIMINAL PROCEEDINGS FOR THE PURPOSES OF THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

2020 ◽  
pp. 158-163
Author(s):  
M. H. Motoryhina
Keyword(s):  
Human Rights ◽  
The State ◽  
Special Role ◽  
Criminal Proceedings ◽  
Human Right ◽  
Defense Counsel ◽  
Legal Standards ◽  
Role Of The State ◽  
European Court ◽  
The Right

The article presents the issues on ensuring effective defense in criminal proceedings. Analysis of international legal documents, generalization of the practice of the European Court of Human Rights give grounds to divide international legal standards, that have been formed to facilitate the enforcement of the right to defense, into the following groups: 1) standards designed to facilitate the effectiveness of the defense by the accused him- or herself; 2) standards facilitating effective defense by the defense counsel; 3) standards, the adoption of which contributes to the effective defense maintained by the defense (when the defense is conducted jointly by the accused and the defense counsel) 4) standards that contain requirements for the state or its bodies and compel them to ensure the possibility of effective defense. The latter group of standards is important among others because the conduct of defense seems impossible without imposing certain requirements on the state and its bodies, and fixed guarantees of effective defense will turn into a declaration. The study of the case law of the European Court of Human Rights on maintaining effective defense in criminal proceedings allows us to state the lack of unity in its legal positions, since the issue of the effectiveness of ensuring the human right to defense in criminal proceedings depends on the specific circumstances of the case. The court notes that, on the one hand, the state can only intervene in the activities of defense counsel within the limits of public interests, given the independent nature of the legal profession. On the other hand, it cannot stand aside in the event of the discovery of violations of the standards for the conduct of defense in criminal proceedings, which assigns it a special role in maintaining effective defense for the suspect, the accused in criminal proceedings. Based on the analysis of the decisions of the European Court of Human Rights, standards are identified that contain requirements for the state or its bodies and compel them to ensure the possibility of effective defense: 1) the obligation of the state to conduct real (not illusionary or formal) defense for the suspect, the accused, since the appointment of a defense counsel does not ensure maintaining effective legal services; 2) the obligation to provide the defense team with the time and opportunity to conduct effective defense.

scholarly journals HUMAN RIGHTS CATEGORIZED JUS COGENS AND IT’S RELATION TO THE RIGHT OF EDUCATION

2017 ◽  
Vol 2 (1) ◽  
pp. 69
Author(s):  
Virgayani Fattah
Keyword(s):  
Human Rights ◽  
Human Right ◽  
Right To Education ◽  
International Human Rights ◽  
Social Community ◽  
National Education ◽  
International Human ◽  
Jus Cogens ◽  
The Right

Jus cogens as a norm of general international law accepted and recognized by the international community as a whole with the main characteristics is the nature of non derogable rights.The right to education is a fundamental human right, so that its existence can’t be reduced under any circumstances based on the importance and importance of education for children.The national education policy is not yet fully aligned with the international human rights instruments causing the development of education sector not yet fully based on human rights.The Government is obliged to fulfill the right to education primarily in relation to the budget for building and repairing school buildings and improving the quality of education in Indonesia, as set out in the International Human Rights Instrument, in particular the Covenant on Ecosystem Rights.The importance of the right to education as the primary vehicle for lifting and empowering children from poverty, as a means to participate actively and totally in the development of its social community and as a powerful road to humanity.

scholarly journals Prisoners' right to education: A philosophical survey

2014 ◽  
Author(s):  
John Vorhaus
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Point Of View ◽  
Respect For Persons ◽  
Human Right ◽  
Right To Education ◽  
The Face ◽  
The Right ◽  
International Conventions ◽  
And Training

Article 26 of the Universal Declaration of Human Rights declares: 'Everyone has the right to education.' This implies that the right to education and training applies to all persons, including all persons in prison. This position is considered here from a philosophical point of view and it will receive some support. Yet it is not obvious that the position is correct, nor, if it is, how it is best explained. I will examine the basis for asserting a right to education on behalf of all prisoners, and consider what is required by way of its defence in the face of common objections. I illustrate how international conventions and principles express prisoners' right to education, and I look at how this right is defended by appeal to education as a means to an end and as a human right – required by respect for persons and their human dignity.

scholarly journals Legal Regulation of Relations in the Field of Education

2019 ◽  
Vol 8 (4) ◽  
pp. 9035-9038
Keyword(s):  
Human Rights ◽  
Migration Policy ◽  
Case Law ◽  
Legal Regulation ◽  
European Convention ◽  
Right To Education ◽  
National Education ◽  
Education Legislation ◽  
European Court ◽  
The Right

The article analyzes the specifics of ensuring the protection of the right to education in case-law decisions of the European Court of Human Rights. The authors have found that there are problems in the current education systems both in Europe and Russia. These problems are solved in accordance with the case law created by the European Court of Human Rights making decisions to ensure the right to education. The authors have noted the main violations committed by governments or governmental bodies in its implementation. The authors have shown the correspondence of the norms of national education legislation of a number of European countries to the provisions of the European Convention on Human Rights. In this regard, the authors have concluded that today, the right to education in European states is not always respected due to migration policy and in the future, relations in this area will deteriorate.

The right to education

2020 ◽  
pp. 181-194
Author(s):  
Benjamin Mallon
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
Human Right ◽  
Right To Education ◽  
International Human Rights ◽  
Rights Of The Child ◽  
Diverse World ◽  
International Human ◽  
The Right ◽  
Different Levels

Chapter 14 critically analyses the idea of education as a universal human right. It outlines existing international human rights mechanisms relevant to education as a right and critically assesses their ability to make that right a reality in a diverse world with different levels of ‘peace’, stability, conflict, cultural and socio-economic contexts. While recognising that the right to education includes all people regardless of age, the chapter mainly focuses on education as a right for children and, in particular, how the right to education for children in developing countries can be affected by violent conflict. In this regard, the work of UNESCO and the influence of Convention on the Rights of the Child (CRC) are assessed along with a range of other rights mechanisms.

scholarly journals Realization of the Right to Education

2018 ◽  
Vol 1 (1) ◽  
pp. 3-39
Author(s):  
Enock Akattu
Keyword(s):  
Human Rights ◽  
Bill Of Rights ◽  
Minimum Level ◽  
Human Right ◽  
Right To Education ◽  
Level Of Education ◽  
Cultural Rights ◽  
Rights Of The Child ◽  
The Right ◽  
To Receive

This paper evaluates the state of education as a human right and demonstrates that it is possible to implement and ultimately protect the right to education within a domestic context. Despite its importance, the right to education has received limited attention from scholars, practitioners and international and regional human rights bodies as compared to other economic, social and cultural rights (ESCRs). NGOs have been increasingly interested in using indicators to measure and enforce a state‘s compliance with its obligations under international human rights treaties. Education is one of the few human rights for which it is universally agreed that the individual has a corresponding duty to exercise this right. This paper first of all draws up an inventory of the many international instruments which mention the right to education and analysethem in order to obtain a more precise idea of the content of this right, which often appears blurred. The paper also discusses the right to education as it is guaranteed in articles 13 of the Covenant on Economic, Social and Cultural Rights (ICESCR), article 28 of the Convention on the Rights of the Child (ICRC) and article 13 of the Protocol of San Salvador. The enjoyment of many civil and political rights, such as freedom of information, expression, assembly and association, the right to vote and to be elected or the right of equal access to public service depends on at least a minimum level of education, including literacy. Similarly, many economic, social and cultural rights, such as the right to choose work, to receive equal pay for equal work, the right to form trade unions, to take part in cultural life, to enjoy the benefits of scientific progress and to receive higher education on the basis of capacity, can only be exercised in a meaningful way after a minimum level of education has been achieved. Similarly, this paper discusses education in Kenya as a basic need and a human right (enhancing access, participation, retention, achievement and quality of schooling) to girls and boys and by extension women and men especially with the promulgation of the new Constitution of Kenya 2010 that recognizes education as a Bill of Rights and everyone is bound by the Bill of Rights. This means that all people in Kenya must respect education as a human right. The Bill binds all government institutions and state officers. They are required to respect human rights and deal appropriately with the special needs of individuals and groups in our society. In this paper, the provision of education in the first 4 to 18 years of schooling is considered to be basic, thus a basic right in Kenya

scholarly journals HAK ASASI MANUSIA SEBAGAI JUS COGENS DAN KAITANNYA DENGAN HAK ATAS PENDIDIKAN

Yuridika ◽  
2017 ◽  
Vol 32 (2) ◽  
pp. 352
Author(s):  
Virgayani Fattah
Keyword(s):  
Human Rights ◽  
International Law ◽  
Right To Education ◽  
Social Community ◽  
National Education ◽  
Peremptory Norm ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms

Jus cogens as a norm of general international law accepted and recognized by the community as a whole interasional with the main characteristics are non-derogable nature. The right to education is a fundamental human rights, so that its presence can not be reduced under any circumstances based on the benefits and importance of education for children. The national education policy is not fully aligned with the international human rights instruments led to the development of the education sector is not entirely based on human rights. Government is obliged to fulfill the right to education, especially with regard to the budget for building and repairing school buildings and improve the quality of education in Indonesia. The importance of the right to education as the main vehicle for elevating and empowering children from poverty, as a means to actively participate in the construction and total social community and as a powerful path towards human civilization itself. So it can be understood that a peremptory norm, also called jus cogens is a basic principle of international law that is considered to have been accepted in the international community of the country as a whole. Unlike general treaty law that traditionally requires treaties and allows for changes in obligations between countries through treaties, peremptory norms can not be violated by any country.

scholarly journals Religious Freedom in Indonesia: An Islamic Human Right Perspective

2018 ◽  
Vol 18 (1) ◽  
pp. 71
Author(s):  
Linda Evirianti
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
The State ◽  
Human Existence ◽  
The Other ◽  
Human Right ◽  
Other Hand ◽  
Constitutional State ◽  
The Government ◽  
The Right

Everyone has the right of religious freedom or belief which becomes one of important parts of Human Rights (HAM/Hak Asasi Manusia). Thus, no one can be subjected to coercion that can interfere his freedom to adopt or embrace a religion or belief of his choice. The main characteristic of modern constitutional state is the guarantee of human rights in its constitution. In the Constitution NKRI 1945 has set human rights and the rights of citizens in the form of guarantees freedom for each citizen to embrace religion and worship according to their religion or belief. A state guarantees the freedom of each citizen to adopt a religion or belief, but the state (the government) must regulate the freedom in implementing and practicing a religion or belief so that the government can respect, protect, enforce and promote Human Right (HAM) and conserving security, order, health or public morals. Speaking of human rights in Islam is not an historical product arising from human ideology, a concept that has a theological dimension and will be accountable to God. Freedom of thought, conscience, religion and belief is part of the most important human rights, even have status as a right that should not be reduced and violated under any circumstances. On the other hand, religious freedom protects the phenomenon that can be controversial and dangerous for human existence, because religion and systems of ideological belief can be misused to trigger intolerance, discrimination, prejudice, hatred, and violence.[Setiap orang berhak atas kebebasan beragama atau kepercayaan yang menjadi salah satu bagian penting Hak Asasi Manusia. Dengan demikian, tidak ada yang bisa terkena paksaan yang bisa mengganggu kebebasannya untuk mengadopsi atau menganut agama atau kepercayaan pilihannya. Karakteristik utama negara konstitusional modern adalah jaminan hak asasi manusia dalam konstitusinya. Dalam Konstitusi NKRI 1945 telah menetapkan hak asasi manusia dan hak warga negara dalam bentuk jaminan kebebasan bagi setiap warga negara untuk merangkul agama dan ibadah sesuai agama atau kepercayaan mereka. Sebuah negara menjamin kebebasan setiap warga negara untuk mengadopsi agama atau kepercayaan, namun negara (pemerintah) harus mengatur kebebasan dalam melaksanakan dan mempraktikkan agama atau kepercayaan sehingga pemerintah dapat menghormati, melindungi, menerapkan dan mempromosikan Hak Asasi Manusia (HAM). Dan melestarikan keamanan, ketertiban, kesehatan atau moral publik. Berbicara tentang hak asasi manusia dalam Islam bukanlah produk historis yang muncul dari ideologi manusia, sebuah konsep yang memiliki dimensi teologis dan akan bertanggung jawab kepada Tuhan. Kebebasan berpikir, hati nurani, agama dan kepercayaan adalah bagian dari hak asasi manusia yang paling penting, bahkan memiliki status sebagai hak yang tidak boleh dikurangi dan dilanggar dalam kondisi apapun. Di sisi lain, kebebasan beragama melindungi fenomena yang bisa kontroversial dan berbahaya bagi eksistensi manusia, karena agama dan sistem kepercayaan ideologis dapat disalahgunakan untuk memicu intoleransi, diskriminasi, prasangka, kebencian, dan kekerasan.]

Theories of human rights and its history

2021 ◽  
Vol 70 (09) ◽  
pp. 58-62
Author(s):  
Nigar Hafiz qızı Məmmədova ◽  
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
The State ◽  
Right To Education ◽  
Personal Rights ◽  
Criminal Charges ◽  
The Law ◽  
The Right ◽  
To Receive

Human rights are the opportunities that people have from birth to death. Regardless of race, nationality, gender, every person has certain rights. These rights must be applied regardless of where and in what position people live. No one has the right to receive these rights from people. But there are also some restrictive cases in this area. If a person violates the law or acts contrary to the national security interests of the state, then it is inevitable to make decisions within the framework required by the law. Human rights are norms that seek to protect people from serious political, legal and social exploitation. The most important of these rights are freedom of religion, the right to a fair trial on criminal charges, the right not to be tortured and the right to education. The philosophy of human rights is understood to answer questions about the existence, essence, validity, justification and legal status of human rights. Human rights are relations that determine the place and role of a person and a citizen in society and the state, the essence of the realization of a person's own capabilities and limits established by the state, as well as ways of ensuring and protecting. At the same time, the legal status of a person includes socio-economic, civil, political and personal rights and freedoms. Key words:human rights,ombudsman,social exploitation,occupied lands,refugees

The right to education as a fundamental human right

2017 ◽  
Vol 7 (4) ◽  
pp. 158-166
Author(s):  
Emine Zendeli
Keyword(s):  
Human Rights ◽  
Educational Institutions ◽  
Human Right ◽  
Right To Education ◽  
Cultural Rights ◽  
Full Development ◽  
Specific Category ◽  
The Republic ◽  
The Right ◽  
Keywords Education

The right to education is a fundamental human right proclaimed by Articles 13 and 14 of the United Nations International Covenant on Economic, Social and Cultural Rights (1966). Ratifying this document, state parties fully agree ‘that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms’. The right to education is considered as a fundamental human right in a series of other 20th century international documents, which guarantee and protect this right for everyone, irrespective of race, colour, religion, gender, social status, etc. This paper aims to respond to questions on the observance of this right and whether it has been limited. The research is based on international documents that regulate this specific category, as well as on the respective legislation and practice within educational institutions in the Republic of Macedonia. Keywords: Education, fundamental human rights, covenant, law.  

Sign in / Sign up

Export Citation Format

Share Document