Where is the obligation of every person in human rights regulated? Then, in which article is the obligation to respect other people's human rights regulated?
DAFTAR ISI
INTISARI JAWABAN
In international human rights law, the state is placed as the main duty bearer, which has three main obligations: to respect, fulfill, and protect the human rights of every person. On the other hand, every individual is a right holder.
Not only as a right holder, but every individual also has the obligation to respect the human rights of others.
Where is the article on the obligation to respect other people's human rights regulated?
Please take a look at the review below for a further explanation.
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Rights and Obligations in Human Rights Law
Before answering the main question, you need to understand the concept of rights and obligations in human rights law in general.
In international human rights law, the state is placed as the main duty bearer, which has 3 main obligations, namely:[1]
To respect, which is fulfilled by not interfering with the enjoyment of human rights. For example, states must refrain from carrying out forced evictions or arbitrarily restricting the freedom to assemble.[2]
To protect, which means the state must take measures to ensure that no one interferes with the enjoyment of the right by the rights holder. For example, the state should protect access to education by ensuring that parents and/or employers do not prevent people from going to school;[3] and
To fulfill, which means the state must take progressive steps to fulfill the relevant right. For example, by assisting certain groups who cannot fulfill their own rights.[4] For example, by providing assistance to economically marginalized groups.
On the other hand, every individual in human rights law is seen as a rights holder.[5]
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From these three pillars of obligation, human rights violations can occur in 2 forms, namely:[6]
By omission, human rights violations are committed because the state neglects its obligation to act actively in relation to the obligation to protect and/or fulfill human rights. For example, the failure of the state to act when a particular ethnic group attacks another ethnic group, and the failure to implement a free education system at the primary level.
By commission, which is a human rights violation that occurs because the state actively does things that reduce the enjoyment of human rights by rights holders, such as banning labor unions or freedom of assembly.
Obligation to Respect the Human Rights of Others
Furthermore, to answer your question regarding in which article the obligation to respect the human rights of others is stipulated, it is necessary to first understand that although the state is the main obligation holder in human rights law, it does not mean that individuals do not have obligations.
Every individual has the obligation to respect the human rights of others.[7] In Indonesia, the obligation to respect the human rights of others is found in Article 69 section (1) of the Human Rights Law which reads:
Every person shall respect the human rights of others, morals, ethics, and the orderly life of society, nation, and state.
In fact, the obligation to respect the rights of others is stated in Article 28J section (1) of the 1945 Constitution:
Every person shall respect the human rights of others in the orderly life of society, nation and state.
So, according to human rights law, the general obligation of every individual is to respect the human rights of others. In other words, everyone must refrain from committing prohibited acts that will reduce the enjoyment of human rights by others.
This is our answer, hopefully, you find it useful.
Farid Wajdi and Imran. Pelanggaran Hak Asasi Manusia dan Tanggung Jawab Negara Terhadap Korban Kajian Putusan Nomor 46-K/PM II-11/AD/VI/2013. Jurnal Yudisial Vol. 14, No. 2, August 2021;
M. Syafi’ie. Instrumentasi Hukum HAM, Pembentukan Lembaga Perlindungan HAM di Indonesia dan Peran Mahkamah Konstitusi. Jurnal Konstitusi, Vol. 9, No. 4, December 2012;
[1] M. Syafi’ie. Instrumentasi Hukum HAM, Pembentukan Lembaga Perlindungan HAM di Indonesia dan Peran Mahkamah Konstitusi. Jurnal Konstitusi, Vol. 9, No. 4, December 2012, p. 706.
[5] M. Syafi’ie. Instrumentasi Hukum HAM, Pembentukan Lembaga Perlindungan HAM di Indonesia dan Peran Mahkamah Konstitusi. Jurnal Konstitusi, Vol. 9, No. 4, December 2012, p. 706.
[6] Farid Wajdi and Imran. Pelanggaran Hak Asasi Manusia dan Tanggung Jawab Negara Terhadap Korban Kajian Putusan Nomor 46-K/PM II-11/AD/VI/2013. Jurnal Yudisial Vol. 14, No. 2, August 2021, pp. 233-234.
