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PERKEMBANGAN HAK ASASI MANUSIA

PERKEMBANGAN HAK ASASI MANUSIA. PASCA PERANG DUNIA KE I - 1948 By : Heru Susetyo , SH. LL.M . M.Si . Ph.D. WILSON’S FOURTEEN POINTS. Presiden USA Woodrow Wilson (1918) : “Fourteen Points” : To end war To create a world dedicated to justice and fair dealing

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PERKEMBANGAN HAK ASASI MANUSIA

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  1. PERKEMBANGAN HAK ASASI MANUSIA PASCA PERANG DUNIA KE I - 1948 By : HeruSusetyo, SH. LL.M. M.Si. Ph.D.

  2. WILSON’S FOURTEEN POINTS Presiden USA Woodrow Wilson (1918) : “Fourteen Points” : • To end war • To create a world dedicated to justice and fair dealing • Rights to self determination

  3. VERSAILLES TREATY • The treaty created the League of Nations and The International Labor Organization. • ‘Self determination’ became a basic component of agreement • Guarantee protection of life and liberty for all of inhabitants of the countries • Created a mandate system to protect freedom of conscience and religion in former colonial territories

  4. ANTARA PD I - PD II • Andre Mandelstam (1921) persuaded to adopt a Declaration of the International Rights of Man > a state’s duty to recognize the equal rights of each person within its territory to life, liberty, property, and religious freedom. • H.G. Wells (1939) rights to food and medical care, education, access to information, freedom of discussion, association, and worship.

  5. HITLER ERA • Scholars promoted human rights, Hitler undermined human rights • Anti semitism in Germany since 1933 • Discrimination and genocide/ holocaust to Jewish, gypsies, homosexuals, in Europe

  6. JAPANESE ATROCITIES DURING WORLD WAR II • The killing and rape of Nanking (43.000 civilians) • Japanese in Philippines • Japanese in Indonesia (jugun ianfu)

  7. ATLANTIC CHARTER • (Roosevelt) “Four Union Freedoms” • Joint Declaration Roosevelt and Churchill : Atlantic Charter ( August 14th 1941) • Atlantic Charter : • Established a peace • Safety within their own boundaries • Freedom from fear and want

  8. NUREMBERG AND TOKYO TRIBUNALS 1945 MAINLY FOCUSSED ON THE PROSECUTION OF PERPETRATORS OF WAR TIME ABUSES

  9. THE CREATION OF UNITED NATIONS (PBB) • Dumberton Oaks meeting (Britain, US, Soviet Union, China) formulate : “proposal for the establishment of a general international organization.” • The role of various NGO organizations including several Jewish group

  10. THE UNITED NATIONS CHARTER • The charter preambles states that : “the Peoples of the United Nations’ are determined to reaffirm faith in fundamental human rights, in the dignity and worth of human persons, in the equal rights of men and women and of nations large and small.”

  11. The UN Charter • Maintain international peace and security. • Develop friendly relations among nations based on respect for the principle of equal rights and self determination • To Achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character.

  12. UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948 UN General Assembly adopted the UDHR in 10 December 1948 articulating such rights : • The rights to life • Liberty • Security of persons • Freedom of expressions • Peaceful Assembly

  13. Association • Religious belief • Movement • Protection from slavery • Arbitratry arrest • Imprisonment without fair trial • Invasion of privacy

  14. INTERNATIONAL BILL OF HUMAN RIGHTS • International Covenant on Civil and Political Rights 1966 (entry into force 1976) • International Covenant on Economic, Social, and Cultural Rights 1966) • Optional Protocol to the Civil and Political Covenant

  15. ICCPR such as freedom of expression and the right to be free from torture or arbitrary arrest are immediately enforceable. ECOSOC are to be implemented to the maximum of available resources, with a view to achieving progressively the full realization of the rights by all appropriate means, including particularly the adoption of legislative measures.

  16. THE ROLE OF GOVERNMENT IN ECOSOC Governments that ratify the Covenants must immediately cease torturing their citizens but they are not immediately required to feed, clothe, and house them.

  17. THE DEVELOPMENT OF HUMAN RIGHTS The UN has drafted, promulgated, and now helps to implement more than 80 human rights, treaties, declarations, and other instruments dealing with genocide, racial discrimination, womenm, religious intolerance, the rights of disabled persons, etc.

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