Rohaida Nordin

Rohaida Nordin
Universiti Kebangsaan Malaysia | ukm · Faculty of Law

LLB, LLM and PhD in Law

About

109
Publications
127,817
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132
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Introduction
Rohaida Nordin currently works at the Faculty of Law, National University of Malaysia. Rohaida does research in International Human Rights Law, Teaching and Advocating Human Rights and International Law and Indigenous Issues. Her current project is 'Developing a Regional Mechanism for Refugees and Asylum Seekers within ASEAN'.
Additional affiliations
April 2009 - present
Universiti Kebangsaan Malaysia
Position
  • Professor (Associate)

Publications

Publications (109)
Article
Full-text available
Abstract The Rohingya Muslims of Myanmar are among the world’s most persecuted minorities. They are victims of ethnic violence, discrimination, restrictions on religious practice, extreme use of force, enforced displacement and rejected citizenship rights. This article discusses the present situation of Rohingya Muslims in relation to human rights...
Article
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Civilian airports in recent internal armed conflict are being affected by the military operations of state armed forces and non-state armed groups. A review of the recent internal armed conflict in the middle east shows increase attacks on airports, which often disrupts, altogether halts civilian navigation, and increase the risk of being affected...
Article
Hak kesamarataan terhadap warganegara atas alasan jantina telah dijamin di bawah Perkara 8(2) Perlembagaan Perseketuan dan triti hak asasi manusia antarabangsa. Walaupun hak kesamarataan mereka telah dijamin, golongan transgender mendakwa mereka masih menerima diskriminasi dan layanan tidak sama rata terutamanya ketika mendapatkan rawatan kesihatan...
Article
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In Malaysia, matters pertaining to domestic violence are governed by the Domestic Violence Act 1994 (DVA 1994) (Act 521). The DVA 1994 uses the term “domestic violence†rather than “intimate partner violence†(IPV). Definition of domestic violence not only describe the types of domestic violence are, it also identifies the victims of domestic...
Article
To protect the properties, lives, and dignity of human persons worldwide, the International Humanitarian Law seeks to uphold and promote Human Rights Law and other international frameworks regulating the rights of civilians and parties to armed conflict. The conduct of parties to the armed conflict who have grossly violated the combined provisions...
Article
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Background and Purpose: Under the criminal justice system, the burden lies on the prosecution to prove the guilt of the accused. It is worth noting that a criminal trial is not one-sided; it also allows the accused to raise his defence to prove his innocence. The research aims to analyse the right of the accused to raise a defence and when the defe...
Book
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Isu perubatan dan kesihatan merangkumi skop yang amat luas, daripada ubat-ubatan rawatan dan penjagaan kesihatan sehingga isu makanan. Buku Isu-isu semasa dalam Undang-undang Perubatan dan Kesihatan di Malaysia ini menghimpunkan karya akademik dalam membincangkan perkara-perkara berhubung dengan perubatan dan kesihatan untuk mencapai kesihatan yang...
Article
For many years, the indigenous peoples had been experiencing various acts of marginalisation and discrimination. However, to this day, the definitions and rights of the indigenous peoples in certain jurisdictions are still left ambiguous. These rights includes the right to self-determination which, on the surface, is linked to freedom to choose pol...
Conference Paper
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The right to liberty is a fundamental principle of human right. The exercise of the power of arrest is a substantial intrusion with that right. Therefore, an arrest must be lawful. The police have a common law right to detained people for investigative purposes. The investigation must be based on a "reasonable suspicion that the particular suspect...
Article
This article assesses the responsibility of local governments in Indonesia for the management of refugee care, following the enactment of Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees (the “PR”). It highlights the limited authority of local governments in handling refugee issues—which is an issue that cuts across seve...
Conference Paper
Free, Prior and Informed Consent (FPIC) is one of the most critical principles that can safeguard indigenous peoples' right to participate in the decision-making process. It is rooted in the right to self-determination of indigenous peoples as enshrined in Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Irr...
Article
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Remand for investigation by the enforcement authorities is an important stage in the process of gathering evidence before a suspect is charged for any offence. This is also known as pre-trial detention. However, under certain circumstances, the suspect can be remanded repeatedly depending on the number of police reports filed against him or her. Su...
Book
The two Fallujah Battles of 2004 are quite possibly two of the worst humanitarian disasters in recent human history, marked by the murder and displacement of hundreds of thousands of people in Fallujah City, Iraq. The wars raised a number of concerns regarding the implementation of international legal norms and international legal bodies that seek...
Article
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The Convention against Torture and Other CAruel, Inhuman or Degrading Treatment or Punishment 1984 (UNCAT) which was drafted after having regard to certain international human rights instruments such as the Universal Declaration of Human Rights 1948 and the International Covenant on Civil and Political Rights 1966, is an instrument specifically dra...
Article
The Orang Asli are in a precarious position compared to other majority groups in Peninsular Malaysia as their customary land rights are continuously infringed upon. This is worrying because land is a vital part of the Orang Asli livelihood. Several issues regarding the provisions of native land rights, acquisition of Orang Asli ancestral land not i...
Article
The main objective of this article is to critically evaluate the compatibility of the ‘right to political participation’ of the Orang Asli by looking at international law standards. The present study utilises a qualitative socio-legal approach, which analyses the political participation of the Orang Asli under Malaysian law and determines whether t...
Book
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This book identifies the justifications behind the establishment of prisons; the purpose(s) for the Prison Vocational Labour (PVL) and further identifies the rights guaranteed to prisoners under PVL by the International human rights law. The discussion and analysis canvassed therein provide a clear and a detailed idea about the nature, classificati...
Book
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Counter-terrorism as a series of offensive actions to eliminate terrorist activities are different from anti-terrorism actions. Counter-terrorism measures are usually implemented following terrorist activities to cripples the ability of the terrorist, while anti-terrorism measures aim to identify the causes and roots of terrorism in order to preven...
Book
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Terrorism has a long history of challenging domestic security and peace but is a relatively new phenomenon at the global level. This book employs explanatory, practical and normative criteria in terrorism definitions. It explains the lack of consensus on a comprehensive universal definition of terrorism within the international community contribute...
Conference Paper
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Canada and New Zealand are the western liberal democracies settled by a predominantly English-speaking majority. Their legal and constitutional system depends on English common law. Both Canada and New Zealand have a high percentage of indigenous peoples irrespective of the 4% difference in Canada and 15% in New Zealand. Both states rank high in gl...
Article
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This study reviews legal instruments relevant to the rights of indigenous peoples to education, the indigenous education system in Malaysia, as well as their rights and practices in other jurisdictions. The review shows that the indigenous peoples in Malaysia face many challenges and issues while exercising their rights to education. Among the prob...
Book
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HAK PENENTUAN KENDIRI ORANG ASAL Deklarasi Pertubuhan Bangsa-bangsa Bersatu (PBB) mengenai Hak Orang Asal (DHOA) 2007 telah memberi pengiktirafan kepada hak orang asal di seluruh dunia termasuklah hak penentuan kendiri. Status pengiktirafan di sisi undang-undang antarabangsa ini adalah sangat penting bagi memastikan perlindungan orang asal di peri...
Article
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The role of UNHCR and respective transit countries is to help refugees find lasting solutions that will allow them to rebuild their lives in dignity and peace, via local integration, voluntary repatriation or resettlement in a third country. Awaiting resettlement, the refugees are always mistakenly believed to be economic migrants or illegal immigr...
Article
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Hak berpolitik merupakan salah satu hak asasi manusia yang diberikan kepada semua tanpa mengira kaum, umur, jantina, warna kulit ataupun agama. Orang Asal juga tidak terkecuali dari menerima hak ini. Orang Asal di Malaysia terbahagi kepada dua kategori iaitu Orang Asli di Semenanjung Malaysia dan Natif di Sabah dan Sarawak. Persoalannya, sejauhmana...
Article
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To date, transnational corporations (TNCs), including oil and gas (O&G) companies, have had no direct human rights obligations under international law. International law and human rights law have principally focused on protecting individuals from violations by the government. In view of the recent development, it is timely to have a look into O&G l...
Article
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Human trafficking is a grave threat to human rights. Statistic shows that yearly almost thousands of men, women and children grieve in the hand of traffickers as human trafficking victim, in their own countries or abroad. Thus, there is a need for Malaysia to take the necessary step to combat human trafficking and at the same time to provide effect...
Book
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Discussion in this book considers the perspective and ideology of the Malaysian government towards human rights. With regard to sovereignty, the Malaysian government views that the issue of the protection of indigenous peoples’ rights, or any other human rights in general, is a domestic issue within its exclusive control. Despite its existing human...
Article
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In Malaysia, victims of domestic violence including women may seek protection under the Domestic Violence Act 1994 (Act 521) (hereinafter “DVA 1994”). Pursuant to section 10 of the DVA 1994, female victims of domestic violence (hereinafter “FVDV”) have the right to claim compensation from their husbands or former husbands (hereinafter “Abusive Husb...
Article
This study examines the conditions of prisons and the treatment of prisoners in Nigeria. The purpose of this examination is to determine compliance with the benchmarks for the treatment of prisoners and ascertain if prisoners’ rights against ill-treatment are safeguarded. The study uses relevant laws, as well as published and unpublished reports, i...
Book
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This book looks at the possibility of relying on international law as the source of law for the protection of indigenous peoples’ rights (Orang Asli) in Malaysia. It focuses on the extent to which international law recognizes the Orang Asli as the subjects of international law; to be the equal and full beneficiaries of that law and to make claims f...
Preprint
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Good governance is necessary for human development and poverty elimination as it forms a well-functioning public sector that follows the standards of transparency, participation, ownership and accountability to civilians. It forms the transparent and accountable administration of public resources that decrease corruption and ensure that public reso...
Article
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Conserving indigenous knowledge (IK) has long been discussed in international fore for more than five decade. The core issues is there is unanimity among scholars, governments, indigenous peoples and local communities on whether and how issue of IK could be harmonise within intellectual property rights law framework particularly copyrights. This pa...
Article
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This paper contributes significantly through suggestions to overcome the problem created by the disastrous US drone strikes in Pakistan. This paper evaluates incidences of the United States' combat drone strikes in Pakistan and the damage caused to innocent people. It seeks to determine possible violations of international laws and the extent to wh...
Article
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Irregular cross border migration is not a new phenomenon. Several factors are contributing in shaping irregular migration which is not in state's direct control e.g. globalization, disputes and growing economic disparities among several countries of the world. It has attained key importance in the International Security agenda. This paper attempts...
Article
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To enhance learning among the Orang Asli, the Faculty of Law of the National University of Malaysia, popularly known as Universiti Kebangsaan Malaysia (UKM), organised a motivational programme for Orang Asli students in November, 2014. The programme was facilitated by Orang Asli Student Icons, 12 Orang Asli students representing various faculties i...
Article
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Recognition of new Stets and governments is a political act with legal reverberations. Although the recognition of new States and governments is a traditional concept of international law but the challenging recognition of the transitional government of Libya proved that this traditional concept still can be highly exigent. Traditionally, the State...
Article
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There is no proper mechanism for monitoring the effectiveness of indigenous legislation and evaluating its application in the day-to-day practice of the public administration and society. This paper firstly identifies and conceptualises the variables of State capacity and, secondly, provides empirical advances that analyse State capacity under each...
Conference Paper
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Abstract Since independence, terrorism has remained a constant existential threat for Pakistan. Political discord, sectarian violence and a deteriorating law and order situation have forced its various governments to take effective legal measures to cope these problems. However, all these laws remain unproductive due to a weak criminal justice sys...
Article
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1 The protection and respect for the rights of a person depends upon his status, whether he is a citizen or non-citizen, freeman or prisoner, child or adult, male or female, meaning the enjoyment of some rights are not absolute but can be interfered with by the State. International laws guarantee rights against forced labour, cruel, inhuman or degr...
Article
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Human rights is an important subject in legal education. Human rights knowledge relates to awareness of the scope and content of human rights and the relationship of these rights to human dignity and survival. The principal elements of human rights are universality and equality and avenues to seek redress in the event of violation of human rights....
Conference Paper
Political participation plays vital roles in translating the rights to self-determination of indigenous peoples into practice. Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognized the rights to self-determination of indigenous peoples including the right to freely determine their political status. Irre...
Article
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Since independence, Malaysia’s rapid economic development has relied on Malaysian workers moving from rural-to-rural and rural-to-urban areas as well as on migrant workers, especially from ASEAN countries such as Indonesia, the Philippines, and Thailand and also from South Asia. The sustained high economic growth rates in Malaysia over approximatel...
Article
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Issue and challenges pertaining to land and the native communities loom large in contemporary Malaysian political and economic affairs. Responding to them often necessitates an understanding of their genesis. The main objective of this study was to examine the importance of land and natural resources to the life of the Orang Asli, and to demonstrat...
Article
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Decentralisation system in Indonesia was introduced after the fall of the former President Soeharto with the objective of ensuring good governance and equitable development across all regions in the country. Unfortunately, the implementation of desentralisasi has been complicated. Some scholars have suggested that the model was flawed as it did not...
Article
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The area of human rights law, particularly relating to the business enterprise, is developing and changing gradually. Globalisation and foreign investment has meant that non-State actors are more than involved in issues relating to human rights. Business enterprises can affect the rights of their employees, clients, communities around their operati...
Article
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Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on thereceiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identif...
Article
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The main objective of this paper is to critically evaluate the application and effectiveness of experiential learning approach in teaching International Law and Indigenous Peoples subject at the Faculty of Law, UKM through an Intervention Programme. The Intervention Programme was conducted to identify the problems and difficulties that the Temuans...
Article
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This article discusses the plight of the Rohingya, an ethnic group in Myanmar who has been suffering an institutionalised persecution and discrimination since the administration of military junta. The paper argues that the Rohingya is facing a serious threat of genocide, ethnic cleansing and crimes against humanity, while the government of Myanmar...
Article
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Migration has been a socio-political hallmark in Southeast Asia, more so in recent times as the region advances towards an ASEAN community by 2015. With its steady economic growth and internal political stability, Malaysia receives the most number of migrants aside from Thailand and Singapore. Statelessness and its risk look set to continue in the...
Article
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Despite extensive documentation of human rights, these rights are being violated by governments every day. In cases of widespread and severe violations on human rights, the Security Council has become unable to make any quick action subject to the Veto right and the conventional sanctions included as embargo, economic and use of force are not much...
Article
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The most significant impact of torture and other inhuman and degrading treatment is that it hampers the dignity of human rights values. Although, a comprehensive legal regime for prohibition of torture have been embodied in numerous international human rights instruments and eveiy democratic state has accepted it, as fundamental values but the prac...
Article
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Among many other fair trial guarantees that have been enshrined in international and regional human rights instruments (Article 14 of the ICCPR, Art 6 of ECHR, Art 8(2) of ACHR) the most significant guarantee is the principle of equality of arms. This principle underpins the equal opportunities of the parties in criminal proceedings. It ensures the...
Conference Paper
Terrorism is not a new concept. Terrorist acts have occurred frequently throughout the history of human civilization. It is commonly acknowledged that terrorism is not merely a domestic concern. The September 11, 2001 attacks in the United States of America challenged both local and global security. The attacks recognize as a turning point in the h...
Article
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Contemporarily, the rights of indigenous peoples are considered to include the right to free, prior and informed consent (FPIC), perceived as mandating consultations and negotiations between indigenous peoples and interested parties, followed by approval from the indigenous communities affected prior to the beginning of initiatives, whether social,...
Article
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At the first glance, the concept of a Minimum Age of Criminal Responsibility (MACR) appears simple. However, the majority of people are unable to define it. MACR is a relatively new concept and determining an MACR is a challenge in light of children’s rights. The challenge stems from ideological differences concerning concepts of MACR by states bas...
Article
This article seeks to determine whether a mandatory labelling system of genetically modified (GM) food is justified or misconceived and therefore whether legal transformations are necessary. Although numerous benefits have been attributed to GM foods, they pose serious hazards to humans, animals, plants, and the environment. Much of the argument ma...
Article
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This article critically evaluates the idea of 'peoples' as a legal concept under international law and its significance to indigenous peoples as holders of the right to self-determination. It further addresses the issue as to whether indigenous peoples are actually the holders of the right to self-determination and whether the content of the right...
Article
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Nation resides on its own history, culture, religions and legal traditions. Though globalization and liberalization have brought Western legal culture into economic activities and business relationships in Asia, the way Asians view and practice business law remains predominantly Asian. With the growing economic power, Asian experience is portrayed...
Article
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Human rights education (HRE) has been globally recognised as being of the utmost importance in the facilitation of social unity. Thus, the time has come for the Faculty of Law, Universiti Kebangsaan Malaysia (UKM), to introduce HRE as part of the curriculum for its undergraduate students. Learner's needs and input must be taken into consideration b...
Conference Paper
Undoubtedly, reintegration of child in conflict with the law is one of the important rights of the child because if child in conflict with the law do not have special rights and care they cannot be useful in the society. Hence, child in conflict with the law needed legal protection and society support to protect them separately from adult, due to t...
Conference Paper
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..... child in conflict with the law needed legal protection and society support to protect them separately from adult, due to their situation, limited physical and intellectual capacities. This paper will examine weaknesses of the legal protection in Indonesia and Malaysia for reintegration of child in conflict with the law as Member States of the...
Conference Paper
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In today’s societies, children have a special position whereas in the past children were considered to be the property of the family. Today, children have a special individual character with independence social status. While, the expression of child law in statutes is important to stabilize their rights to save them from any aggression in society,...
Article
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Research on the Minimum Age of Criminal Responsibility (MACR) of children has been quite evident in the past decade. The MACR of children is a challenge to the global perception to children's rights. The difficulties associated with ideological differences concerning concepts of the MACR by states based on social, religious and cultural structures....
Article
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One of the issues currently being addressed concerning the management of biological resources is the protection of indigenous peoples’ resources and traditional knowledge. The reason is the existing legal frameworks especially with regards to intellectual property (IPR) system do not provide adequate protection for the indigenous peoples’ resour...
Conference Paper
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For many years Association of Southeast Asian Nations (ASEAN) Member States were involved with terrorism phenomena. After the 11 September 2001 attacks in the United States a number of ASEAN Member States enacted legislation adopting legal anti-terrorism measures, but their anti-terrorism legislation has increased the risks of violation of human ri...
Article
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"This study attempts to address issues related to suspicious transactions that are regulated by the Malaysian Anti-Money Laundering and Terrorism Financing in 2001 (AMLA) from the perspective of consumer/client. This study discusses: ... Keywords: Anti-terrorism, consumer protection, AMLA, money laundering, suspicious transaction, Malaysia."
Article
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Currently, Malaysia does not have specific national legislation to regulate access to its genetic resources and ensure equitable sharing of benefits derived from their commercialisation (ABS legislation). However, the States of Sabah and Sarawak in Malaysia have enacted their ABS legislations to be implemented within their States territories. This...
Article
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This study examines the application of economic analysis of law in the context of resolving dispute in property rights. It analyses the economic and sociological arguments surrounding intellectual property rights exploitation. To be more specific, it focuses on the patenting of pharmaceutical or biotechnological inventions. This study establishes a...
Conference Paper
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The United Nations Convention on the Rights of the Child (UNCRC) contains comprehensive provisions concerning children's rights and was designed to serve as a framework for the legal protection of children within various State jurisdictions. Most State Parties gradually changed or modified their laws and regulations following their ratification of...
Conference Paper
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The extraordinary importance of children’s rights and the significant role of children in the future of societies have led to the overwhelming ratification of international and regional instruments. The regional instruments geared towards promoting children’s right by States despite ideological differences concerning concepts associated with childr...
Conference Paper
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Criminal responsibility is a global challenge in children's rights and it is more important than other legal issues in criminal subjects because of its essential role in children's life. The concept of the criminal responsibility has evolved over history and has been interpreted in various ways with the absence of a precise definition by different...
Conference Paper
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In the global instruments, the rights of the child are so important because of its relevance to children life. The present paper attempts to determine the development and progress of the human rights instruments in international law regarding the rights of the child, as well as processes and standards existing in the instruments of international la...