MALI

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 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.

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.

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.

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.

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

Our country maintained the posture of disclosing the identity of violent crime suspects in detail until the 1990s. In the wake of a female middle schooler sex violence incident at Miryang in 2004, personal information of assailant students was disclosed, prompting the controversy on human rights violation, and police, in order to protect human rights of the suspects, avoided the identity disclosure for the suspects by covering them with caps and masks. As in October 4, 2005, ''Rules of Police Officers for Human Rights Protection'' and ‘Regulations for Human Rights Protection’ were enacted, investigation agencies began not to disclose personal information of suspects such as face. And National Human Rights Commission of the ROK also ruled that disclosure of the identity of suspects in the course of investigation prior to indictment violated personality rights and portrait rights. But as, around 2010, violent crimes repeatedly continued to take place, public opinion was again in favor of disclosing the identity of suspects. Particularly Chosun Ilbo and Joongang Ilbo disclosed the face of Kang XSun in January 31, 2009, breaking the practice of not disclosing the identity of the suspects until being found guilty. This triggered the controversy about disclosing the face of suspects. Then, in March 2010, the face of Kim XTae was disclosed in many media outlets, resulting in the disclosing the identity of suspects as a practice. Positively reflecting people''s sentiments and media''s movement as such, the National Assembly newly enacted Clause 8-2 ‘Special Cases regarding Punishment of Certain Violent Crimes’ to prepare the base regulation regarding the disclosure of suspect’s face. The issue of whether or not to disclose the identity of violent crime suspects as above has become the national interest whenever a specific incident took place. And as a matter of fact, currently plenty of legal and policy-wise issues are being pointed out in the process of the enforcement. Under the circumstances, this study sought to point out the issues in detail focused on the content and operating state of the current system of disclosing the identity of violent crime suspects. ① Related with the principle of presumption of innocence ② Related with inconsistent disclosure focused on the criteria of judgment, the main principal of judgment, period of going public, method of going public ③ Related with the purpose of the identity disclosure system focused on guaranty of people''s right to know, prevention of repeated crimes, prevention of crimes, finding of additional criminal facts ④ Related with due process focused on lack of securing appeal right, lack of control by the judiciary, formality of defining the system, causing harm to the suspect''s family. The study, rather than suggesting the reasonable methods to improve the current system, ultimately would like to argue in favor of complete abolition of the current system of disclosing the identity of violent crime suspects.

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.

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...

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.

This article studies the role of the criminal justice system in perpetuating impunity for political assassinations in Mexico by analyzing a wave of homicidal action against the leftist opposition party—Partido de la Revolucion Democratica (PRD)—throughout the 1988-2004 period. The Mexican case is interesting because hundreds of leftist political party militants often engaged in legal activities were gunned down by state agents (the police, the military, local politicians associated with the dominant party-state, the Institutional Revolutionary Party [PRI]) or indirectly by hired guns on behalf of state leaders. Using case studies collected by the Mexican National Human Rights Commission (CNDH), an official governmental body, it is argued that the Mexican state showed its acquiescence in the killings through the impunity that was afforded the killers through the further disarming of the legal coercive powers of the existing state to properly prosecute and punish murderers.

As Indonesia prepares for elections in May 1997, there are no signs that there will be any significant changes in the political system or its leadership. Instead, the last few months have shown that the New Order regime, and Suharto, are quite capable of resisting change. The cracks that appeared in the early 1990s have been skillfully mended, and Suharto emerges as the strong leader he has always been. The following analysis of recent events in Indonesia shows that democratization is unlikely to emerge in the near future. Whereas Indonesia made some progress in the early 1990s toward more open political debate, a freer press, and a higher degree of tolerance for groups opposing the regime, there has been a sharp reversal since the closure of three major newspapers and news magazines in 1994. Since then, the regime has tightened its control over the political opposition by curtailing the labor movement, forcibly removing the leader of a major political party, and cracking down on several politicians who have publicly voiced their criticisms of the government. At the same time, Suharto has tightened his noose over the political elite, especially the military. He has removed most top military officers who could potentially challenge his authority and replaced them with loyal officers. As the elections approach, warnings are being pronounced against the National Human Rights Commission, and several nongovernmental organizations (NGOs) are being targeted for curtailment. The groundwork is almost completely clear to ensure a stable and smooth pesta demokrasi (celebration of democracy), as the elections are held to re-elect a Golkarand military-dominated parliament (DPR) in May 1997 and Suharto as president in 1998. This apparent stability and order, however, hides a mounting frustration with the Suharto regime, especially its methods of political control. While

Nigeria’s social landscape has been inundated by an alarming spate of rape and child defilement cases, so much more that there is hardly a week without media reports of rape in the country. Records released by the Nigeria Police Force shows that a total of seven hundred and seventeen cases of rape and child defilement were recorded in the first five months of the year 2020. More alarming is the defilement of minors and underage children by adults. The foregoing raises concerns and the need to interrogate the causes of alarming cases of rape and defilement of minors in Nigeria. The mixed methods research approach was adopted to generate both primary and secondary data. For the primary data, an online questionnaire was designed and administered to a total of two hundred and nine Nigerians across various sectors and regions of the country. Besides, six (6) key informants, each from the Ministry of Women, Legal Department, National Human Rights Commission, NGO, religious leader and media practitioners, were interviewed. On the other hand, government reports, gazettes, journal and newspaper articles were used to generate secondary data. Findings show that defilement of minors in Nigeria is perceived from a socio-cultural perspective as an avenue for money rituals. Other causes include mental disorders of perpetrators, alcoholism and substance abuse. Effects of such acts are physical and psychological. Recommendations on ways of curbing the menace include life sentences, name shame of perpetrators, and strict enforcement of existing laws prohibiting rape and defilement in the country.

Protection of human rights in Thai and Korea: National Human Rights Commission

Based on the compulsory execution, the rightful execution of the law can be an example of a country under the rule of law. As an extension, there would be no exception in the execution of delivery, in which the rights of the involved parties are factually formed. However, regarding the real estate delivery execution, the residential right which is the protection of human rights for the residents has emerged as one of the topics to be discussed. Consequentially, the necessity of revising the Civil Execution Act, which contains the measures to protect debtors, has been announced publicly by the National Human Rights Commission of Korea. This study investigates issues that can provoke human rights abuse of residents during three steps of execution forewarning, which are procedures of real estate delivery execution, main execution, and movables auction, and suggests alternatives to cope with the identified weaknesses. Rules regarding human rights should be applied as practical principles and should be considered from a balanced viewpoint where the rights of creditors as well as the residential rights of debtors are protected. The authors hope that this work will encourage more active discussions around these issues and that it will help enforce amicable real estate delivery executions.