• Title/Summary/Keyword: human rights violations

Search Result 36, Processing Time 0.021 seconds

The Khmer Rouge Genocide Trial and the Marcos Human Rights Victims: the Quest for Justice and Reparations

  • Mendoza, Meynardo P.
    • SUVANNABHUMI
    • /
    • v.7 no.2
    • /
    • pp.79-103
    • /
    • 2015
  • Just how does one make sense of the genocide perpetrated by the Khmer Rouge during its rule in the 70's and the numerous human rights violations in the Philippines during the Marcos period? Like the conflicts that have marked human history at the close of the 20th century, Southeast Asia is no exception, similar to the many attempts to come to terms with the past and put to account wrongdoers worldwide. The paper is an attempt to historicize these two seemingly unrelated events and analyze them from the synoptic frameworks of transitional justice and reparations. Similar to the experiences faced by many societies transitioning towards democratic rule, notably in Latin America, the dilemma of whether to pursue justice or preserve the peace and the newfound status quo has characterized the length at which justice had eluded the victims in Cambodia and the Philippines. Yet, no matter what the limits are in pursuing accountability, or these so called historical injustices, closure is still achievable. The paper would like to argue that closure is possible when one, all or a combination of the following, depending on the gravity of the crime, is present-truth-telling, prosecution for the crimes committed, and a grant of compensation.

  • PDF

Development of human rights indicators for dental hygiene students (치위생(학)과 학생들의 인권 실태 지표 개발: 치과의료기관 임상실습을 중심으로)

  • Won, Yoon-Ah;Noh, Hie-Jin;Mun, So-Jung;Chung, Won-Gyun;Park, Bo-Young;Sim, Eun-Bi;Choi, Eun-Mi
    • Journal of Korean society of Dental Hygiene
    • /
    • v.21 no.3
    • /
    • pp.291-300
    • /
    • 2021
  • Objectives: This study aimed to develop human rights indicators through reliability and validity tests in order to measure the human rights situation of dental hygiene students who experience clinical practice at dental clincs. Methods: The basic framework of questions was constructed through literature review. Nine experts were tested for validity of the contents of the experts twice. The main survey was conducted on 121 students in the 3rd and 4th grade who were enrolled in the department of dental hygiene located in Seoul, Gyeonggi and Gangwon-do. Validity was tested through exploratory factor analysis, and reliability was tested through internal reliability coefficient and test-retest method. Results: The cronbach's α value was 0.734, and the Kappa coefficient was 0.584. The result of the reliability and validity test was composed of 11 questions and 3 factors. Conclusions: During the practice of a dental institution, the validity and reliability of the indicators that can grasp the human rights status of dental hygiene students were tested. It is expected that the indicators of this study will be provided an opportunity to understand the human rights situation of dental hygiene students and to improve problems such as human rights violations.

Comparative study on differences in perception of human rights of People with disabilities and Staffs in the disabled residential facilities (장애인 거주시설 장애인과 종사자의 인권 인식 비교)

  • Chun, Dong-Il;Kim, Nang-Hee;Seo, Jeong-Min
    • Journal of Digital Convergence
    • /
    • v.14 no.8
    • /
    • pp.11-18
    • /
    • 2016
  • The purpose of this study is to compare the differences in human rights perception between people with disabilities and staffs in the disabled residential facilities. Using data from the '2014 Human Rights Survey on Disability in the Disabled Residential Facilities' for 602 facilities, the study compared their perception of human rights(16 items), including human rights guarantee(12 items) and human rights violation(4 items). Result showed that the rate of perception for human rights guarantee and violation(except staff violation) of staffs was higher than people with disabilities(p<.05). This study demonstrated that there were significant differences in human right perception between people with disabilities and staffs. The cause of this difference would be the conflict between roles of staff and needs of person with disabilities, absence of human rights indicators by mutual consent between the two. Our findings suggested a need for study on strategies to solve gap of perception between the two, such as integrated human rights education, developing consensual human rights indicators.

Enactment of Anti-terrorism law In the Third World And The Instruction for Us (제3세계 국가의 테러방지법제정과 우리나라에 있어서 시사점)

  • Cho, Sung-Je;Soung, Jea-Hyen
    • The Journal of the Korea Contents Association
    • /
    • v.9 no.10
    • /
    • pp.274-283
    • /
    • 2009
  • To effectively and quickly respond to new forms of terrorism, a more organically integrated and coordinated system will be needed. As establishing the grounds of such a system based on laws would be most in congruence with legalism, it would be desirable to fundamentally establish an antiterrorism act. However, enactment of such counter-terrorism laws must be accomplished by means with which human rights violations against citizens may be minimized, contrary to what has been the case with third world nations. The act will need to include clauses that may relieve organizations, such as national human rights committees or citizen groups, of concerns over potential human rights violations. To address vulnerabilities of investigative rights issues which relate to cases relevant to acts of terrorism being delegated to the National Intelligence Service, the investigative jurisdiction shall be assigned to the public prosecutors and law enforcement officials as with other criminal proceedings. As for public concern that establishing the Anti-Terrorism Center under the National Intelligence Service, a secret service agency, may infringe upon human rights, functional and organizational dualism of the Anti -terrorism Center would be worth taking into account.

Effects of Human Rights Violation of the Elderly on Ageism - Focusing on the Mediating effect of Experiences elated to the elderly- (노인인권침해지각이 노인차별주의에 미치는 영향 -노인관련경험의 매개효과를 중심으로-)

  • Jang, Kyeung-Ae;Heo, Seong-Eun
    • Journal of Convergence for Information Technology
    • /
    • v.11 no.4
    • /
    • pp.168-175
    • /
    • 2021
  • This study aimed to identify the impact of human rights violations on elderly discrimination, focusing on the mediating effect of elderly-related experiences. After conducting a two-month survey of 143 dental students in some parts of Busan from September 4, 2020, hierarchical regression analysis was conducted to find out the mediating effects of elderly-related experiences using the SPSS 26.0 program. Dental hygiene students' perception of infringement on elderly human rights was shown to be significant in elderly discrimination(r=-.310) and elderly-related experiences(.185), indicating that elderly-related experiences were partially mediated in elderly human rights infringement and elderly discrimination. Therefore, this study intends to provide basic data on the development of dental hygiene curriculum in a super-aging society by reconsidering the need for senior-related experiences in dental hygiene and education.

A Breach of Medical Contract and Consolation Money (의료계약상 채무불이행과 위자료)

  • Bong, Youngjun
    • The Korean Society of Law and Medicine
    • /
    • v.14 no.2
    • /
    • pp.217-260
    • /
    • 2013
  • In connection to the civil liability of the medical malpractice, plaintiff and courts are solving the medical disputes with theory of the liability based on tort law. because contract law does not enact the right of claim of solatium and a plaintiff's lawyer and courts hesitate to use contract law. Medical treatment of doctor is main debt in medical contract and its in-complete performance gives rise to the violations of human's life, body and health. Consequently a breach of medical contract leads to violations of person-al rights. These violations spring from liability of contract as well as tort and damages from them are recognized based on medical contract law. A duty of explanation of doctor is a independent and appendant debt to the treatment debt. However its breach provokes violations of human's life, body and health as well as a right self-determination. Therefore consolation money claim should be recognized. In case of the violation of patient's life, body and health, patient's family al-so can demand consolation money due to the violation of their's own mental pain. However in case of the violation of only patient's self-determination without informed concent, they can not demand it by reason of the violation of patient's self-determination. But by reason of the violation of patient's life, body and health that were recognized by proximate causal relation between violation of duty of explanation and abd execution, they can do.

  • PDF

Comparative Analysis of Overseas Guidelines for Seclusion Room of Psychiatric Facilities (정신의료기관 보호실 대상 해외 가이드라인 비교분석 연구)

  • Lee, Seungji;Yoon, Sunyoung;Yeo, Soyeon;Park, Dohee;Baek, Jinhee;Kim, Sunghyun
    • Journal of The Korea Institute of Healthcare Architecture
    • /
    • v.29 no.2
    • /
    • pp.7-16
    • /
    • 2023
  • Purpose: Seclusion room in a psychiatric facility limit the body and space for treatment or protection, so controversy over human rights violations arises despite their necessity. The seclusion room should be created as an environment that can promote the recovery and healing of patients, not the purpose of managing patients. while ensuring the safety of medical staff. Therefore, the purpose of this study is to compare and analyze the standards of overseas guidelines for the seclusion room in psychiatric facility, and through this, it is intended to contribute to the improvement of facility standards for seclusion rooms in Korea, which are at a very insufficient level. Method: This study takes the method of comparative analysis through literature review. We analyze the facility standards of seclusion room in Korea, and compare and analyze guidelines for seclusion rooms in Australia, US, UK, and Canada. Result: As a result, the elements of the guideline for seclusion room were classified into size, space, opening, furniture and equipment, and etc. The results of comparative analysis of details are presented. Implications: Korea should also prepare guidelines for psychiatric institutions, and among them, the standards for seclusion room, which are at the center of controversy over human rights violations, should be reviewed in depth.

A Study on the Legal Status of North Korean Defectors (북한 탈북자의 법적지위에 관한 고찰 - 난민인정과 보호를 중심으로 -)

  • Son, Hyun-Jin
    • Journal of Legislation Research
    • /
    • no.53
    • /
    • pp.109-147
    • /
    • 2017
  • North Korean defectors had left North Korea often to escape from food shortages in the mid-1990s. Since the 2000s, the reasons of their flee from North Korea have more resulted from their exposure to external information, and a desire for democracy and freedom. However, North Korean defectors living in China are not recognized as refugees and thus subject to various human rights violations including forced repatriation. It needs to be thought that wether North Korean defectors who escape from North Korea are political refugees under international law. If they are not recognized as refugees in their new countries, it is imperative to consider a possible way to protect their human rights under international law. The problem of recognition of the refugee status of a person is a matter of involving the sovereignty of individual countries, however, the Convention Relating to the Status of Refugees should provide protection of their unique rights, as recognizes by the UNHCR, and their status should be treated as a refugees issue in a broad sense. In the future, it is a necessary to establish international solidarity among individual countries, the UN General Assembly, the decisions of the Human Rights Council and support of UNHCR, to anticipate the need for the refugee recognition and the protection of International Human Rights in preparation for possible mass defections and refugees from North Korea.

A Legal Study on The Act Bill for Establishing The Game User Committee

  • Kyen, Seung-Yup
    • Journal of the Korea Society of Computer and Information
    • /
    • v.27 no.3
    • /
    • pp.165-171
    • /
    • 2022
  • In this paper, we suggest the Measures to improve the Act Bill for establishing the Game User Committee. The Act Bill has a lot of problems which are violations of criminal legalism due to unclear terms in administrative punishment and violations of The Human Right enjoying freedom of occupation and guaranting property due to not defining provisisons about The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions. also the duplicate regulations in the Act Bill disrupt game industry development. we have three results that were derived through analysis of Prior studies and precedents. The First is to define details of special reasons in enforcement ordinance and enforcement regulations. The Second is to define The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions in the act bill. The Third is to address managing the random reward items in the Game Rating and Administration Committee or is to give game user advance notice about the Comntent Dispute Mediation system.

Crimean Citizen Journalism: Genesis and Trends in Communication Network

  • Iuksel, Gaiana Z.;Sydorenko, Natalііa M.;Dosenko, Anzhelika K.;Sytnyk, Oleksii V.;Dubetska, Oksana O.
    • International Journal of Computer Science & Network Security
    • /
    • v.22 no.2
    • /
    • pp.63-74
    • /
    • 2022
  • Repressive measures in the Crimea against the Ukrainian media and the ban on the entry of international and Ukrainian monitoring missions created the conditions for the function of providing information to be performed by representatives of civil society. Such a phenomenon was called Crimean citizen journalism and became a post-occupation phenomenon characteristic of the Crimean information sphere. The journalists' activities are aimed at reporting on human rights violations and repression against Ukrainian citizens who find themselves in conditions of information bans and restrictions. Crimean citizen journalism, which connects the peninsula with the mainland of Ukraine, is monothematic in nature, and its emergence has become a form of nonviolent resistance to the occupation of Crimea. The purpose of the study is to cover the characteristic features, the development of common Crimean citizen journalistic movement features as a social phenomenon, a phenomenon that arose after the occupation through the identification of a modern journalist portrait. The study uses the general scientific method of empirical research as the main one, the sociological method of a questionnaire survey, as well as the methods of classification, generalisation, observation, statistical calculation. An analysis of a survey of Crimean citizen journalists demonstrates the existence of an active, mobile community in Crimea that seeks to provide information and human rights nonviolent resistance to the occupation.