The UN Guiding Principles’ Orbit and Other Regulatory Regimes in the Business and Human Rights Universe: Managing the Interface

What should be the interface of the United Nations Guiding Principles on Business and Human Rights (UNGPs) with other regulatory regimes in the business and human rights (BHR) universe? This article explores this issue in relation to two specific contexts. First, the interface of ‘social norm’ with evolving ‘legal norms’: relation of Pillar II of the UNGPs and mandatory human rights due diligence (HRDD) laws as well as parent companies’ direct duty of care for negligence. Second, the interface of ‘soft norms’ and evolving ‘hard norms’: how the UNGPs should inform the proposed BHR treaty. It is argued that legal norms should align with Pillar II only in a ‘loose manner’. They should draw from and build on the HRDD concept under Pillar II, but not be constrained by it, because a hard alignment of Pillar I laws with Pillar II could undercut the independent but complementary status of the two pillars. Moreover, the UNGPs should serve only as a ‘starting point’ and not the ‘end point’ in the evolution of other hard or soft norms in the future. Such an approach would be desirable because the UNGPs alone are unlikely to be enough to challenge or confront the existing structure of irresponsibility and inequality.

WAKAF SEBAGAI BENDA PUBLIK DAN PERLINDUNGAN HUKUM KEABADIANNYA TERHADAP PERALIHAN DAN PERUBAHAN FUNGSINYA

<p><em>Various cases of the loss of the status of waqf objects, including the change in their function, are a number of problems that occur in the practice of waqf. For example, in the re-functioning of Hagia Sophia as a mosque which was announced by the Government of Turkey, it became news that attracted international attention, including in Indonesia, where previously the building was used as a meseum. The transition of waqf objects is interesting to study considering that the change in the function of waqf has also occurred in Indonesia. For this reason, this article will discuss how the legal protection of waqf as public good against the transfer of their status and function as waqf. The method used in this article is a legal research method with a normative juridical. </em><em>Waqf is a public object whose existence and function must be protected so that it is not illegally abused</em><em>. </em><em>The importance of protection of waqf in a comprehensive manner includes the registration and publication. Likewise, in terms of the supervision of waqf, either from the state or the government or Nazhir, which has a direct duty to supervise and manage waqf , including the active role of the community.</em></p>

Ensuring the personal security of prisoners in places of deprivation of liberty: some of the regulatory issues

In this article the author considers ensuring the personal security of a convicted person who is in prison as a necessary condition for full, comprehensive observance and enforcement of human and civil rights and freedoms. The author analyzes the concept of “personal security of convicts”, as well as examines the legal framework governing this activity. At present, issues of ensuring the personal safety of prisoners in places of deprivation of liberty are becoming increasingly relevant, since crime in institutions of the penal system is one of the most dangerous criminogenic factors. Currently, in places of isolation there is a risk of committing illegal acts on the part of the convicts themselves, as well as on the part of other persons who visit such institutions for various reasons. The author concludes that convicts’ security in correctional institutions is a multidimensional activity and contains many factors. Security in correctional institutions is provided by the employees with mandatory interaction with other law enforcement and government agencies. In order for the state, represented by institutions and bodies of the Federal Penitentiary Service of Russia, to perform its direct duty to ensure the safety of convicts, it is necessary: constant and enhanced supervision of these persons; strict observance by convicts of the established rules in correctional institutions, the procedure for applying incentives and penalties to them; conducting educational activities; transferring convicts to a safe place, etc. All these measures are aimed exclusively at ensuring human and civil rights and freedoms in places of detention, which in turn is an additional factor that has a positive impact on the development of the state and society.

Deprivation as Un-Experienced Harm?

Tom Regan encapsulated his principle of harm as a prima facie direct duty not to harm experiencing subjects of a life. However, his consideration of harm as deprivation, one example of which is loss of freedom, can easily be interpreted as a harm, which may not be experienced by its subject. This creates a gap between Regan’s criterion for moral status and his account of what our duties are. However, in comparison with three basic paradigms of welfare known in nonhuman animal welfare science, Regan’s understanding coheres with a modified version of a feelings-based paradigm: not only the immediate feelings of satisfaction, but also future opportunities to have such feelings, must be taken into account. Such an interpretation is compatible with Regan’s understanding of harm as deprivation. The potential source of confusion, however, lies in Regan’s own possible argumentative mistakes.

Strengthening the Capacity of Education Staff to Support the Wellbeing of Indigenous Students in Boarding Schools: A Participatory Action Research Study

In meeting the social and emotional learning (SEL) needs of Aboriginal and Torres Strait Islander students, the capacities of school staff are critical. There is very limited evidence for relevant capacity development initiatives. This evaluation reports a multicomponent SEL training intervention delivered to staff of an Australian education service that operates independently of any particular school to assist with the transitions of students from remote communities to boarding schools. A participatory action research (PAR) approach was implemented over 13-months with 21 staff participants. Results from a pre-, mid- and six months post-training survey and staff interviews were analysed and fed back through reflective group discussions. The training was associated with improved staff attitudes to mental health and skills to support student wellbeing. Sixteen participants received a tertiary qualification. Despite ‘working in challenging environments’, staff were ‘dedicated to help’ students, and ‘acknowledged the need for change’ to better support student wellbeing. However, given the service's brokering role between families and schools, fewer staff members reported feeling empowered to influence issues in their workplace. The evaluation demonstrated the value of SEL training for education staff and potential utility for school teachers and boarding staff who have direct duty of care for Indigenous students. The multicomponent training described in this study would need to be condensed for school settings.