Disarming the Legal System

This paper is about human rights and policing in Bangladesh, with special focus on the role of National Human Rights Commission. The protection and promotion of human rights in Bangladesh has become difficult as the law enforcement agencies, particularly the police and the Rapid Action Battalion (RAB), are involved in human rights violations. An overall culture of impunity for human rights violations exists in Bangladesh. The National Human Rights Commission appears to have failed to break the culture of impunity in Bangladeshi politics. This paper explains the reasons why the National Human Rights Commission in Bangladesh largely fails to make the political system in particular law enforcement agencies accountable.

This article aims at figuring out the key issues of legislation through the analysis of the bills of Equality Act or Anti-discrimination Act proposed to the National Assembly, based on the preliminary overview of legislative movement for the enactment of Anti-discrimination Act and the short history of legislation over the fifteen years since Ro Moo-hyun government in Korea. Key issues are picked out as follows through examining four bills proposed to the the National Assembly(Hye-young Jang’s Bill under the name of the Anti-discrimination Act and Sang-min Lee’s Bill, Joo-min Park’s Bill, and In-sook Kwon’s Bill under the name of the Equality Act) : the appropriate name of anti-discrimination law, types of discrimination, areas(scopes) and grounds of discrimination, exceptions of discrimination, instrument of remedy of discrimination, adoption of the compensatory and punitive damages. All the Bills agreed that ‘gender identity’ and ‘status of employment’ should be added to the current nineteen grounds of discrimination stipulated in the National Human Rights Commission Act as the protected characteristics of grounds of discrimination. Hye-young Jang’s Bill includes two more grounds of discrimination such as language and nationality. Furthermore, this study is suggesting to add three more characteristics of grounds of discrimination such as academic background, occupation, and engagement in labor union because those characteristics are very influential in Korean culture. Four bills are commonly suggesting to expand the scopes of discrimination by adding ‘the supply or use of administrative services et. al’ to the current three scopes (employment, the supply or use of goods and services, education) under the National Human Rights Commission Act. They also accepted the broad conception of discrimination which includes indirect discrimination, harassment, sexual harassment and the discriminatory advertisement or expression as well as direct discrimination. Consequently the equality act need to extend the conception and types of discrimination beyond the National Human Rights Commission Act. According to all of the Bills, not only the affirmative action but genuine occupational qualification(BFOQ) in employment should be accepted as the exception of discrimination. In order for the effective enforcement of the equality act, all the Bills are adopting the new instruments of remedy such as the corrective order, the support of litigation of the National Human Rights Commission, provisional or positive measures by the court decision, and the compensatory and punitive damages for the harmful discrimination. These key issues should be considered in the legislation of the anti-discrimination act or the equality act in the near future.

BackgroundAlthough attention to human rights in Indonesia has been improving over the past decade, the human rights situation of persons with mental disorders is still far from satisfactory. The purpose of this paper is to examine the legal framework for protection of human rights of persons with mental disorder and the extent to which Indonesia's international obligations concerning the right to health are being met.MethodsWe examined the Indonesian constitution, Indonesian laws relevant to the right to health, the structure and operation of the National Human Rights Commission, and what is known about violations of the human rights of persons with mental illness from research and the media.ResultsThe focus of the Indonesian Constitution on rights pre-dated the Universal Declaration, Indonesia has ratified relevant international covenants and domestic law provides an adequate legal framework for human rights protections. However, human rights abuses persist, are widespread, and go essentially unremarked and unchallenged. The National Human Rights Commission has only recently become engaged in the issue of protection of the rights of persons with mental illness.ConclusionMore than legislation is needed to protect the human rights of persons with mental illness. Improving the human rights situation for persons with mental illness in Indonesia will require action by governments at national, provincial and district levels, substantial increases in the level of investment in mental health services, coordinated action by mental health professionals and consumer and carer organisations, and a central role for the National Human Rights Commission in protecting the rights of persons with mental illness.

This chapter reviews the effectiveness of the Myanmar National Human Rights Commission (MNHRC) in the promotion and protection of human rights in Myanmar and how its relationship and engagement with several regional and international stakeholders and mechanisms, such as the ASEAN Intergovernmental Commission on Human Rights (AICHR), South East Asia NHRI Forum (SEANF), Asia Pacific Forum of NHRIs (APF), Global Alliance of the NHRIs (GANHRI) and its predecessor, and the United Nations (UN), have influenced this process. The objective of this chapter is not only to analyse the legal framework of the MNHRC and whether or not it conforms to the Paris Principles, but also to analyse its practical work and what it has achieved so far in terms of protection and promotion of human rights. The chapter necessarily also takes a closer look at the creation and influence of the AICHR on Myanmar and the MNHRC as well as their engagement with the regional mechanism. Challenges are identified and named, but also progress made and achievements in order to come up with constructive feedback for the MNHRC to move forward towards becoming a National Human Rights Institution (NHRI) that not only will be in conformity with the Paris Principles, but also has a real impact on improving the human rights situation in Myanmar.

2007년 노인장기요양보험법이 제정되었고 이 법은 질병 및 장애가 있는 노인들에 대한 요양비용을 사회구성원들이 함께 부담하는 체계를 구축하여 노인 및 그 가족구성원의 삶의 질을 향상시키는데 그 목적이 있다. 노인장기요양보험제를 실현하기 위해 요양보호사제도가 마련되었다. 요양보호사란 거동이 불편한 노인을 시설에서 돌보거나 또는 노인이 거주하는 가정을 방문하여 보호활동을 벌이는 사람들을 말한다. 그런데 최근 발표된 국가인권위원회의 조사에 의하면 요양보호사들의 근무환경이 매우 열악한 것으로 드러났다. 저임금, 포괄임금의 남용, 장기간 근로, 인력배치기준 및 휴게시설 미비, 요양보호서비스 이외의 노무제공, 수급자에 의한 성희롱 등의 문제가 있는 것으로 나타난 것이다. 인구의 고령화가 빠른 속도로 진행되고 있고 노인들에 대한 요양보호의 중요성과 요양보호사들의 역할이 증대되고 있는 상황을 고려한다면 이들의 업무환경에 대한 개선이 절실히 필요하다. 이러한 견지에서 이 논문은 국가인권위원회가 발표한 자료를 바탕으로 노동인권의 측면에서 요양보호사들이 겪고 있는 문제점들을 살펴보고 효과적인 개선방안에 대해 논의 해본다. 결국 요양보호사들이 직면한 문제들을, 정부의 철저한 관리 감독과 요양보호사의 처우 개선 그리고 수급자의 인식 개선 등을 통해 바로잡는다면 더 나은 노동환경에서 요양보호사들이 질 높은 서비스를 제공할 수 있을 것으로 기대한다. In 2007, Long-Term Care Insurance Law was enacted to share the family burden of caring for the elderly who are unable to perform every day living activities due to their old age and chronic diseases such as senile dementia, diabetes mellitus, stroke and more. Backed by this law, since 2008, care workers have been sent to the elderly care centers or each elder's home to help them not only with their recovery from illnesses, but also with general activities from dressing, eating, bathing, walking even to toileting. However, according to the recently released survey by National Human Rights Commission, it has been found that the caring workers are in a very poor working condition including low income, abused blanket wage system, shortage of welfare services, extra works and even sexual harrassment. It is becoming an important issue due to fast-ageing population, the fact that the care workers have had experiences of violation in their right of labor while they are at work needs to be carefully treated. In that sense, this article presents some difficulties the caring workers face and proposes effective ways to solve these problems through the perspective of human rights and human labor rights based on the report written by National Human Rights Commission. In short, for this law to function properly and to boost the worker's capability of providing better services to beneficiaries, followings can be good answers - enhanced management and supervision on caring plans and care centers, providing immediate counselling and protection for victimized care givers, training courses offered to promote service receiver's sincere respect and strengthened awareness upon care givers.

The National Human Rights Commission (Komnas HAM) is an independent, national state commission tasked with the responsibility of conducting human rights studies, research, counseling, investigations, monitoring, and mediation. The purpose of this study is to ascertain Komnas HAM's status and role within the Indonesian Constitutional System, as well as its accountability within the Indonesian Constitutional System. According to the nature of the inquiry, this is a library research on the subject of Komnas HAM. The syar'i theological approach was applied in the investigation. The findings of this study reveal that Komnas HAM has a distinct status and function within the Indonesian constitutional system; Komnas HAM's job is to strengthen human rights protection and enforcement. The research's implications are to emphasize Komnas HAM's constitutional status in Indonesia and to realize human rights enforcement through Komnas HAM's partnership with the community.
 Keywords: Komnas HAM; Siyasah Syar’iyyah; Wazir al-tawfid

The Protection of the Human Rights, 1993 was passed by the parliament which leads to the constitution of the National Human Rights Commission (NHRC). The brief provisions of “The PHR-1993” and the role of the NHRC in the disposal of the cases with it latest annual report pertaining to 2017-18 has been discussed in this paper.

This study aims to establish a rational regulatory strategy by analysing the fundamental factors that act as limitations to ‘Business and Human Rights’ in public institutions. To achieve this goal, the study uses the theoretical framework of the steering state, which is discussed in the methodology of administrative law. The domestic ‘Business and Human Rights’ regulatory system was designed to spread to the private sector after the introduction of ‘Business and Human Rights’ to public institutions through the ‘Evaluation of Management Performance’ system. Therefore, the performance of public institutions is important for ‘Business and Human Rights’ to have an impact on the private sector. However, ‘Business and Human Rights’ of public institutions has remained in a formal process since its introduction, which is sometimes understood as a fundamental limitation due to the nature of public institutions. Legalisation of human rights due diligence is being proposed as a solution, but it is necessary to analyse in detail the limitations and possibilities of the state's steering ability through the law from the perspective of steering theory. This study analyzed ‘Business and Human Rights’ regulatory system and the current state of ‘Business and Human Rights’ in public institutions to establish a reasonable regulatory strategy. It proposed ways to strengthen the regulatory system for ‘Business and Human Rights’ in public institutions by improving the National Human Rights Plans of Action, the Act on Contracts to Which the State is a Party, the Evaluation of Management Performance system, and the Business and Human Rights Reporting Directive of the National Human Rights Commission.

With an emphasis on the recurring trends of abuse and the legal frameworks put in place to deal with such misconduct, this study examined the frequency of human rights abuses by the Nigerian Police Force. Despite having constitutional and statutory protections like the 1999 Constitution (as amended), the Administration of Criminal Justice Act (2015), and the Police Act (2020), as well as being a signatory to important international human rights instruments like the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), and the African Charter on Human and Peoples' Rights, widespread violations still plague law enforcement operations in Nigeria. Using documented reports from reliable organisations like Amnesty International, Human Rights Watch, and the National Human Rights Commission (NHRC), the study identifies and investigates frequent abuses, including extrajudicial killings, arbitrary detention, torture, unlawful arrests, and excessive use of force. It also looks at the structural causes of these abuses, including judicial incompetence, institutional weakness, corruption, militarised policing culture, and inadequate police welfare. Despite the existence of strong legislative restrictions, the study discovers that a lack of political will and a culture of impunity frequently compromise execution. Through the use of a qualitative methodology and secondary data analysis, the study emphasises how urgently training, accountability systems, law enforcement, and institutional control need to be changed. It concluded with important suggestions for advancing a police force that upholds human rights and fortifying Nigeria's legal and democratic systems. The report adds to the current conversation on protecting human rights and changing Nigerian policing.

According to the World Health Organization (WHO), the Malian population is 18,1 million. Persons with disabilities are 2 247 500, that is 15% of the total population. According to the 2003 household survey, the most prevalent forms of disabilities include visual, motor disabilities, cerebral driving handicap, intellectual disabilities and psychosocial handicap and albinism. The Republic of Mali signed and ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD), as well as its Optional protocol on 15 May 2007. The CRDP and the Optional Protocol have been ratified on 7 April, 2008. Through the CRDP Art. 35, the Republic of Mali was supposed to submit its country report on 24 June 2019. Through Art. 2 the Constitution of Mali, all Malians are born and remain free and equal in rights and duties. Any discrimination based on disability is therefore prohibited. In addition, the Constitution indirectly addresses disabilities through Art. 1 affirms that ‘the human person is sacred and inviolable. Every individual has the Right to life, liberty, security and integrity of his or her person. The Republic of Mali has an important pieces of legislation that directly address disability. The key one is the Law 2018-027, of 12 June 2018 on the Rights of Persons with Disabilities. The policies that directly address persons with disabilities are: The Policy of Solidarity (since 1993) which aims to reduce inequalities, provide social protection and promote the socio-economic development of vulnerable groups such as persons with disabilities and the National Special Education Policy (1999). Mali has the following programmes: The National program of Rehabilitation on Community Basis (RBC) since 1998 is to raise the awareness of families of children with disabilities, their rehabilitation and their rehabilitation at home; the Health and Social Development Program, the Ten-Year Health and Social Development Plan (2014-2023); and the Strategic Plan for the Promotion of Persons with Disabilities (2015-2024). Other than ordinary courts or tribunals, the Republic of Mali does not have an official body which specifically addresses the violation of the Rights of people with disabilities. The Republic of Mali has a National Human Rights Commission, since 2016. There are numerous organisations that represent and advocate for the rights and welfare of persons with disabilities in Mali, represented by the Malian Federation of Associations of Disabled persons which is an umbrella body of around 20 organisations. In Mali, the Ministry of Solidarity and Humanitarian Action is in charge of people with disabilities. The Ministry develops and implements policies and strategies in favour of disabled people. Persons with disabilities encounter multiple levels of exclusion and discrimination. As far as access is concerned, although laws provide for access to public buildings, employment, in practice, very little is done to ensure access for persons with disabilities. The Republic of Mali should conduct reliable specific household census of persons with disabilities, taking into account women, children and elderly persons with disabilities.

ABSTRACT
 The problem of handling Human Rights against Indigenous Papuans can be seen by the existence of violence and violations of human rights in all aspects of the lives of Indigenous Papuans in a systematic, sustainable and unstoppable manner. politics where the more indigenous Papuans are involved in politics, the faster the resolution of human rights in Papua because of the large number of representatives who are fighting for the liberation of the Papuan people, meaning that in this problem the Political Rights of Papuan Indigenous People in the National Legislative Body need to get support and protection of human rights on the ground Papua has not been able to run properly due to various indicators that have not been able to run properly. These indicators include the absence of a representative of the National Human Rights Commission; human rights courts, and truth and reconciliation commissions as well as the absence of special fund allocations in the field of human rights in the context of implementing the Special Autonomy Law in Papua, not only that this regulation does not work properly so that it has the potential to be increasingly unstoppable for human rights violations, in its implementation Human rights protection cannot run properly considering that in this regulation there is still uncertainty regarding the meaning, relationship, and purpose of the norms contained in the Papua Special Autonomy Law as well as unclear and limited special powers intended in the Autonomy Law Papua Special. This study emphasizes normative legal research and is balanced by looking at the condition of human rights violations in Papua by multiplying several literacies.
 

The Korean Framework Act on Education cherishes the quality necessary as a democratic citizen. Meanwhile, as the National Human Rights Commission Act was enacted in 2001, and many local governments, including Gwangju Metropolitan City, enacted ordinances to guarantee and promote human rights in the mid to late 2000s, human rights education was emphasized but not studied theoretically and practically. This paper presents a methodology that can be used to realize the common public interest goals of both by comparing the concept and actual status of democratic citizenship education and human rights education. To this end, first of all, the concept of democratic citizenship education and related discourses are considered in light of the preceding studies of Democratic Peace Research and related laws and ordinances. Subsequently, it analyzes the status of the people's human rights consciousness, systems related to human rights education, human rights education seen in democratic citizenship education programs, and ordinances related to human rights education in Gwangju Metropolitan City. As a result, it emphasizes the fact that human rights education has the purpose of confirming the basic rights of mankind and the people and holding both the state and civilians responsible for guaranteeing it, while democratic citizenship education can provide a practical methodology to maximize its effectiveness. This study is of significance in that it proposed an alternative that could harmonize the two in a state where democratic citizenship education and human rights education were indiscriminately mixed.

Introduction: The issue of the relationship between international law and national legal policies in developing countries, especially in the context of human rights (HAM), is increasingly relevant in contemporary international law studies. Developing countries often face significant challenges in integrating international human rights standards into their domestic legal systems.Purposes of the Research: This study aims to analyze the influence of international law on national legal policies in developing countries in the context of human rights.Methods of the Research: The method used in this study is the normative legal research method with a literature study approach, which includes an analysis of various national laws and international legal instruments related to human rights. In addition, this study also refers to the results of academic studies, reports from international human rights institutions, and official documents from organizations such as the United Nations (UN) and the National Human Rights Commission. This approach provides a more comprehensive picture of the implementation of international human rights standards in developing countries.Results Main Findings of the Research: The results main findings of the study show that although many developing countries have ratified various international instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, their implementation is often hampered by various domestic factors. Inconsistencies between international obligations and national conditions are major obstacles, exacerbated by political instability, weak state institutions, limited resources, and tensions between international norms and local cultures. In addition, political resistance to the implementation of international human rights policies is also a significant challenge, especially in countries that prioritize political or economic interests over commitment to global human rights standards.

Different national and international bodies are concerned about human rights violations in Bangladesh. The study has tried to discover the scenario of human rights in Bangladesh. Data have been collected from the National Human Rights Commission Bangladesh (NHRCB) from 2011 to 2021. Human rights violations are increasing in the country. On average, yearly, disposal and non-disposal cases are 56.7% and 43.3%, respectively, of total complaints at NHRCB. Due to human rights violations, less than 31% of incidences are filed as complaints at NHRCB, while more than 69% of events are not filed. Marder, women violence, rape, child rape, and kidnapping are the top violence types in Bangladesh. As the present government of Bangladesh is already under pressure for human rights violations, analysis based on government data may underestimate the actual scenario. So, further studies are required based on data from the non-governmental organization to get a better picture of human rights in Bangladesh.

The National Human Rights Commission of India has given the government two weeks to answer questions about the availability of drugs used to treat tuberculosis. The media have reported that...