Abstract: Indonesia recognizes the right to privacy as a human right. Indonesia provides legal protection against data management activities because the protection of personal data is a part of human rights. This paper aims to describe the arrangement of data management and data management in Indonesia. This paper is a descriptive research with qualitative approach and collecting data from literature study. Results of this paper are comprehensive arrangement of data that have been set up as a technical requirement of data protection by encryption methods. Arrangements on encryption and protection of personal data are mutually reinforcing arrangements in the protection of personal data. Indonesia has two important and immediately enacted laws that provide protection for the privacy of information that is part of human rights.
Abstract: The article presents the results of the creative analysis and comparison of trends in the development of the theory of public administration during the period from the second half of the 20th to the beginning of the 21st century. The process of conceptualization of the priorities of public administration in the dynamics of reforming was held under the influence of such factors as globalization, integration, information and technological changes and human rights is examined. The priorities of the social state in the concepts of the second half of the 20th century are studied. Peculiar approaches to determining the priorities of public administration in the countries of "Soviet dictatorship" in Central and Eastern Europe in the same period are outlined. Particular attention is paid to the priorities of public administration regarding the interaction between public power and society and the development of conceptual foundations for the modern managerial process. There is a thought that the dynamics of the formation of concepts of the European governance is characterized by the sequence of priorities: from socio-economic and moral-ethical to organizational-procedural and non-hierarchical ones. The priorities of the "welfare state" were focused on the decent level of material wellbeing of population. At the same time, the conception of "minimal state" emphasized priorities of human responsibility for their own fate under the conditions of minimal state protection. Later on, the emphasis was placed on horizontal ties and redistribution of powers and competences of "effective state" with its developed procedures and limits of responsibility at all levels of government and in close cooperation with the civil society. The priorities of the contemporary period are concentrated on human rights in the concepts of "good governance" and all the following ones, which recognize the absolute priority of public administration with compliance, provision and protection of human rights. There is a proved point of view that civilizational changes taking place under the influence of information and technological imperatives also stipulate changes in priorities, redistribution of emphases and update principles of managerial concepts on the basis of publicity, transparency, departure from traditional forms of hierarchy and control in favor of interactivity and inter-sectoral interaction, decentralization and humanization of managerial processes. The necessity to permanently carry out the reorganization, by establishing the interaction between different participants of public power and social relations, to establish a balance between political forces and social interests on the basis of mutual trust and mutual understanding determines changes of social, political, economic and humanitarian paradigms of public administration and their theoretical comprehension. The further studies of theoretical foundations of modern public administration in interdisciplinary discourse in the context of ambiguous consequences of the globalizational and integrational processes of modern European state-building would be advisable. This is especially true during the period of political transformations and economic crises which are the characteristic of the contemporary Europe, especially for democratic transition countries.
Abstract: This paper examines essential issues relating to the rise and nature of violent extremism involving non-state actors and groups in the early 21st century. The global trends in terrorism and violent extremism are examined in relation to Western governments’ counter terror operations. The paper analyses the existing legal framework for fighting violent extremism and terrorism and highlights the inherent limitations of the current International Law of War in dealing with the growing challenges posed by terrorists and violent extremist groups. The paper discusses how terrorist groups use civilians, women and children as tools and weapon of war to fuel their campaign of terror and suggests ways in which the international community could deal with the challenge of fighting terrorist groups without putting civilians, women and children in harm way. The paper emphasises the need to uphold human rights values and respect for the law of war in our response to global terrorism. The paper poses the question as to whether the current legal framework for dealing with terrorist groups is sufficient without contravening the essential provisions and ethos of the International Law of War and Human Rights. While the paper explains how terrorist groups flagrantly disregard the rule of law and disrespect human rights in their campaign of terror, it also notes instances in which the current Western strategy in fighting terrorism may be viewed or considered as conflicting with human rights and international law.
Abstract: The following paper describes the activity of national
and international parliamentary assemblies of the European region
in protection and promotion of human rights. It may be said that
parliamentarians have a “double mandate” — as members of the
international assembly and of their respective national parliaments.
In other words, parliamentarization at both international and national
level provides a situation for parliamentarians, where they link
people, national governments and international organizations. The
paper is aimed towards demonstrating that the activity of the
main international parliamentary assemblies of the European region
have a real positive impact on the human rights situation in the
European region. In addition, the paper describes the assemblies
that include protection of human rights in their Agenda as one
of the main subjects: the EP, the PACE, the OSCE PA and the
IPA CIS. Co-operation activities such as joint election observation;
participation in inter-parliamentary associations, such as the IPU;
conclusion agreements allow assemblies to provide observation of
human right situation in the states that are not members of the
particular organization and as consequence make their impact broader.
Abstract: Millions of girls are forcibly married during the
transitional period between puberty and adulthood. At a stage of
vulnerability cultural practices, religious rights and social standards
place her in a position where she is catapult into womanhood. An
advocate against forced child marriage could argue that child rights,
cultural rights, religious rights, right to marry, right to life, right to
health, right to education, right to be free from slavery, right to be
free from torture, right to consent to marriage are all violated by the
practice of child marriage. The author is this advocate and this paper
will present how some of these rights are violated and establish the
need for change.
Abstract: Latin America is probably the region with greater
social inequality, contrary to the amount of rights enshrined in their
constitutions. In the last decade of the twentieth century, the area
resulted in significant changes to democratization and constitutional
changes. Through low-key public policy, political leaders activated
participation in the culture of human rights. The struggle for social
rights in Latin America has been a constant regulation. His
consecration at the constitutional level has chained search
application. The constitutionalization and judicial protection of these
rights have been crucial in countries like Argentina, Venezuela, Peru
and Colombia. This paper presents an analytical view on the
constitutionalization of social rights in the Latin American context
and its justiciability.
Abstract: The main purpose of this paper is to determine the
applicability of the constitutional social rights in the so-called
horizontal relations, i.e. the relations between private entities.
Nowadays the constitutional rights are more and more often violated
by private entities and not only by the state. The private entities
interfere with the privacy of individuals, limit their freedom of
expression or disturb their peaceful gatherings. International
corporations subordinate individuals in a way which may limit their
constitutional rights. These new realities determine the new role of
the constitution in protecting human rights.
The paper will aim at answering two important questions. Firstly,
are the private entities obliged to respect the constitutional social
rights of other private entities and can they be liable for violation of
these rights? Secondly, how the constitutional social rights can
receive horizontal effect? Answers to these questions will have a
significant meaning for the popularisation of the practice of applying
the Constitution among the citizens as well as for the courts which
settle disputes between them.
Abstract: Many states are now committed to implementing
international human rights standards domestically. In terms of
practical governance, how might effectiveness be measured? A facevalue
answer can be found in domestic laws and institutions relating
to human rights. However, this article provides two further tools to
help states assess their status on the spectrum of robust to fragile
human rights governance. The first recognises that each state has its
own 'human rights history' and the ideal end stage is robust human
rights governance, and the second is developing criteria to assess
robustness. Although a New Zealand case study is used to illustrate
these tools, the widespread adoption of human rights standards by
many states inevitably means that the issues are relevant to other
countries. This is even though there will always be varying degrees of
similarity-difference in constitutional background and developed or
emerging human rights systems.