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Human Rights in The Global South (HRGS)
Published by Serikat Pengajar Hak Asahi Manusia Indonesia
ISSN : -     EISSN : 29625556     DOI : 10.56784
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Human Rights in the Global South focuses on the development of theories as well as practices in respecting and protecting human rights in Global South countries.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2023)" : 5 Documents clear
Legal Foundations of Economic Inequality in the Time Loop of Law and Economics Movement Sanjeet Singh
Human Rights in the Global South (HRGS) Vol. 2 No. 1 (2023)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v2i1.39

Abstract

The role of law in breeding economic inequality has gone unnoticed for an extended period, however, is yet to be explored. To state and elaborate the problem, while capitalism has been considered to potentially contribute to the ongoing inequality trends in the world, there needs to be more literature on how the legal order in term of bolstering capitalism and economic inequalities are enlaced. The research problem is in regards to the extention of choice of legal structure undergirding capitalism correlate with economic inequality. As a limitation, this correlation should not be understood causally, as other underlying potential factors perpetuating economic inequality must exist. This article undertakes to fill the gap by utilizing epistemological and multidisciplinary approaches from the theories and practices of law and economics. Applying semiotic interpretation systems in forming arguments and drawing conclusions in doctrinal legal research. Various views enabled through the findings because both law and economics are partly subjective and irrational, which reshape the meanings. It founds that capitalism as a legal order is established to trace Economic inequality's legal roots. Therefore, appalling economic inequalities can co-exist with formal legal equality. Laws can reshape societies, but they serve capital, even when the movement of law and economics is at crossroads.
Mental Health at the Workplace: Rights of Employees Siti Hafsyah Idris; Ramesh Nair; Faizal Kurniawan
Human Rights in the Global South (HRGS) Vol. 2 No. 1 (2023)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v2i1.40

Abstract

In several ways, the Coronavirus Disease 2019 (COVID-19) pandemic has profoundly altered social and working environments. Social distancing policies, mandatory lockdowns, isolation periods, and the fear of becoming ill, in addition to the suspension of productive activity, loss of income, and fear of the future, all have an impact on citizens' and workers' mental health. Workplace factors can have a significant effect on whether people's mental health improves or deteriorates due to the pandemic. This article discusses Malaysian law's position on mental health and whether employers can be held liable for their employees' mental health. The goal of this article is to examine the legal aspects of workplace mental health issues. We conducted doctrinal research on existing laws and policies focusing on workers' rights issues related to mental health in the workplace during the pandemic. It is discovered that, anxiety, depression, post-traumatic stress disorder (PTSD), and sleep disorders are more likely to affect healthcare workers, particularly those on the frontlines, migrant workers, and workers in contact with the public. Job insecurity, long periods of isolation, and uncertainty about the future exacerbate the psychological condition, particularly among younger people and higher educational backgrounds. Therefore, numerous organisational and job-related interventions can help mitigate this scenario, but the regulatory mechanisms governing this matter must be clearly defined.
Paradigm of Law and Human Rights as a Protection of Academic Freedom in Indonesia Wicaksana Prakasa, Satria Unggul
Human Rights in the Global South (HRGS) Vol. 2 No. 1 (2023)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v2i1.41

Abstract

Various attacks on academic freedom in Indonesia are like an iceberg phenomenon. The conditions are very worrying but not surprising, considering that repressive practices in the academic world are common in Indonesia. How is the legal mechanism of human rights and theoretical views responding to the threats to academic freedom in Indonesia. This research uses socio-legal study methods to regarding academic freedom in Indonesia and the patterns that follow. The purpose of this research is to rehabilitate and recover victims of terror and threats to academic freedom and ensure that similar cases are not repeated. Various models of threats and attacks on academic freedom, such as: the use of the judiciary to repress academics, banning and followed by sweeping of left books, prohibition or sanctions on teaching methods, forced dissolution of scientific discussions/forums both by campuses and by law enforcement officials and even groups of thugs, Stigmatization which was followed by violence against lecturers and students, as well as threats of violence and terror and even followed by attempts of persecution became a very worrying problem in the situation of academic freedom in Indonesia. Equally important, there is a need for a human rights legal system related to academic freedom that is institutionalized, strong, and binding so that it becomes a code of conduct for exercising academic freedom in Indonesia.
Economic Objections to the Policies of the Government of India in Supporting Cultural Motherhood Anu Singh
Human Rights in the Global South (HRGS) Vol. 2 No. 1 (2023)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v2i1.48

Abstract

Women being equally valuable resources as labor, human capital, and entrepreneur, should be treated and given enough opportunities and free choices to improve the allocative efficiency of the economy. In these changing times, it is not enough to say no to choice—we must actively work toward defeating motherhood as an idea and practice. Per the data provided by the International Labour Organisation, female labor-force participation has gradually declined from 28.8% to 24% for females aged 15 and more. This paper highlights the economic consequences of gender-equality policies in India and the incapacity of the policymakers to analyze the consequences of such gender-insensitive policies. The author explains and discusses how society, especially the patriarchal family in India, is overutilizing a woman's motherhood, making women invest more than the optimal level of mothering on the one hand and making men perform less motherhood/parenthood than the socially efficient level. The researcher has collected primary and secondary data to analyze the government's leave policy. Upon interviewing more than 100 women and men directly or indirectly involved in childcare through WhatsApp and other calling mediums, author has analyzed that motherhood or mothering is heavily understood as the women's primary job rather than the equally shared and rarely efficiently distributed between the birth givers.
Non-Incorporation of the Principle of Non-Refoulement in the Chilean Immigration and Aliens Law Rioseco Vallejos, Valentina
Human Rights in the Global South (HRGS) Vol. 2 No. 1 (2023)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v2i1.51

Abstract

This paper critically analyses the non-incorporation of the principle of non-refoulement in the Chilean Immigration and Aliens Law 21.325 of 20 April 2021. It was published in the context of migratory pressures within the Latin American region, deriving mainly from the Venezuelan socio-political crisis. It was also published after the recommendations given by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) in the last two periodic reviews of 2011 and 2021 to update the previous version dictated during the Pinochet dictatorship. As a state party to the core international human rights treaties and the American Convention on Human Rights, an urgent claim existed in Chile to adapt its migration law. Following a heated debate in 2019, the parliament eliminated the recognition of the principle of nonrefoulement contained in the draft law arguing it was already recognised in refugee legislation. Instead, they identified a ‘complementary protection’. This paper examines whether this decision breaches human rights standards, particularly the obligation to adopt legislative measures to give effect to the principle of non-refoulement. It begins by analysing the principle of non-refoulement in international refugee law. Then, it turns into identifying the human rights obligations emanating from the principle of non-refoulement. Finally, the paper applies this standard to law 21.325. The paper concludes that not incorporating the principle of non-refoulement into law 21.325 constitutes a breach of Chile’s human rights obligations, facing the risk of incurring international responsibility.

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