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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 30 Documents
 1   2   3 
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.
Reimagining Human Rights: Harnessing the Power of Law for Global Health and Sustainable Development Goals Singh, Bhupinder
Human Rights in the Global South (HRGS) Vol. 2 No. 2 (2023)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v2i2.65

Abstract

The concept of human rights has long been an integral part of global discourse, championed as a fundamental pillar of social justice and equity. In recent decades, the intersection of human rights, global health, and sustainable development has emerged as a critical area of concern and opportunity. This research paper delves into the dynamic intersection of human rights, global health, and sustainable development, with a particular focus on Sustainable Development Goal 3 (SDG 3) - Good Health and Well-Being. In the context of our rapidly changing world, by applying a multidisciplinary research method, this paper explores the evolving landscape of human rights preservation and the challenges posed by emerging global governance issues. By examining the role of law in promoting and safeguarding human rights within the framework of SDG 3, it offers a comprehensive analysis of the evolving global governance challenge in the quest for a healthier and more sustainable world.
Protecting the Environment with Human Rights: Mechanism Rooted in Anthropocentric Approach Habiba, Umma
Human Rights in the Global South (HRGS) Vol. 2 No. 2 (2023)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v2i2.73

Abstract

Anthropocentric and eco-centric are the two existing philosophical views on protecting the environment. The latter emphasises environmental protection for its intrinsic value, while the former is human-centred. This paper explores the relationship between promoting human rights and protecting the environment by arguing that the anthropocentric approach, which places humanity at its centre and is grounded in utilitarianism theory, can be a valuable tool in bridging these two areas. According to utilitarianism, achieving all fundamental human rights will contribute to raising environmental standards. Hitherto, the anthropocentric approach has been regarded to be only advantageous to humans, but in reality, it has a positive which mutually reinforces the effect on both the environment and humans. Humans will naturally turn their attention to environmental protection after they obtain all rights to meet a standard life. In the pursuit of environmental justice, humans will endeavour to improve their surroundings sustainably while upholding their fundamental rights. Through this relationship, a rights-based approach and environmental protection mechanisms are established, allowing individuals to seek redress for any kind of environmental harm as a distinct category of human rights. In conclusion, by establishing a distinct environmental-human right and tying it to human rights, environmental protection can be realised more practically.
Navigating Smog: Legislation Addressing Children’s Right to Health in India and Pakistan Ali, Muhammad Imran
Human Rights in the Global South (HRGS) Vol. 2 No. 2 (2023)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v2i2.74

Abstract

This study investigates how legal and policy frameworks in Delhi and Lahore address the right of children to a clean and healthy environment. It explores the extent to which urban environmental governance in South Asia responds to the unique vulnerabilities of children living in cities affected by persistent smog and air pollution. These environmental hazards are closely linked to long term respiratory illness, cognitive impairment, and early mortality. Despite binding commitments under the United Nations Convention on the Rights of the Child, both India and Pakistan continue to fall short in translating international obligations into domestic protections for children exposed to urban environmental harm. While earlier research has highlighted the health impacts of air pollution, this article contributes to the literature by evaluating how national laws, regulatory frameworks, and institutional responses incorporate or overlook children’s environmental rights. Using doctrinal legal research and comparative policy analysis, the study analyses statutory instruments, regulatory standards, and international human rights norms relevant to environmental protection in Delhi and Lahore. Findings demonstrate that existing legal regimes lack child specific environmental protections and do not impose clear duties on authorities to prevent or respond to pollution related health risks. Weak enforcement, fragmented institutions, and the absence of child centred accountability mechanisms contribute to systemic neglect. The article proposes a new legal approach that embeds child sensitive principles into environmental governance, including targeted legislation, enforceable pollution controls, and emergency health measures. This research advances scholarship on human rights and environmental law in the Global South by offering a normative and practical framework to reimagine state obligations. It highlights the need to shift from general environmental regulation to rights-based protections that prioritise the health and dignity of children in urban climate and pollution governance.  
The Impact of Marine Plastic Pollution in Asia-Pacific on Small-Scale Fisher’s Rights Ayodya Maheswara, Ida Bagus
Human Rights in the Global South (HRGS) Vol. 2 No. 2 (2023)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v2i2.78

Abstract

This paper examines the impact of marine plastic pollution on small-scale fishers in Asia-Pacific countries and how the existing international law accommodates this problem. The research method used is doctrinal legal research with a statute approach and case approach using primary, secondary, and tertiary legal materials analysed with descriptive analytical techniques. The results show that Asia-Pacific is the most significant contributor to marine plastic pollution in the world as a region at the centre of the world's economic growth. The fisheries industry is one of the economic sectors that is the mainstay of countries in the Asia-Pacific, such as Indonesia, Australia, and China, because it contributes to a high Gross Domestic Product and becomes a job for small-scale fishers. However, marine plastic pollution is a problem because it contaminates fish, impacting fishermen's productivity. This has eliminated the rights of fishermen, especially the small-scale fisher, to obtain decent work and the right to an adequate standard of living. Meanwhile, the existing international law has yet to accommodate the plastic waste problem in the Asia-Pacific Ocean explicitly, so there is legal uncertainty that regulates this problem. This research concluded that the issue of marine plastic pollution in the Asia-Pacific must be handled seriously by formulating an agreement between countries in the region that contains more technical and specific arrangements to maintain the rights of small-scale fishers in obtaining decent work and adequate living standards.
Human Rights and Democracy: Can the President's Constitutional Disobedience Be Used as Grounds for Impeachment? Aritonang, Syofina Dwi Putri; Muchamad Ali Safa'at; Riana Susmayanti
Human Rights in the Global South (HRGS) Vol. 3 No. 1 (2024)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v3i1.80

Abstract

The protection of human rights is essential in a democratic society. This paper examines the historical context of regulating presidential impeachment in relation to human rights violations by exploring the legal framework governing such actions, particularly focusing on the President's response to the Constitutional Court's decision. For instance, the Constitutional Court's Decision Number 91/PUU-XVIII/2020 declared the Job Creation Act conditionally unconstitutional and prohibited the issuance of any implementing regulations based on it. Nevertheless, the President went ahead and issued Presidential Regulation Number 113 of 2021, which constitutes a violation of the Universal Declaration of Human Rights (UDHR) and the 1945 Constitution. This study used normative legal research, with statutory and comparative approaches, and interpreted legal materials through constitutional and historical lenses. The findings indicate that Indonesia, having similar experiences of the United States, South Korea, and the Philippines, lacks comprehensive regulations for impeaching the President based on human rights violations. Additionally, there is a gap in the regulations concerning the President's defiance of the Constitutional Court's decisions. Therefore, this paper proposes that the definition of violations related to impeachment be limited to the President's oaths as stated in Article 9(1) of the 1945 Constitution. If the President fails to comply with the Constitutional Court's decision, they should be held accountable through the impeachment process. Finally, it is necessary to amend Article 10(3)(d) of the Constitutional Court Act to include specific qualifications for presidential misconduct.

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