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Rule of Law and Human Rights in Asia
 

This publication consists of a series of lessons, prepared by the Human Rights Correspondence School, a project of the AHRC, on the relationship between the rule of law and the implementation of human rights in Asia.  The four lessons deal respectively with the rule of law and human rights implementation, the role of the police, the role of the prosecution and the role of the judiciary.  Together, the lessons speak to the flaws in each of the justice mechanisms - the police, prosecution and judiciary - and using specific cases from different Asian countries, are able to show how these flaws prevent the realization of people's rights. The cases include prison officials in India setting a prisoner on fire for daring to complain about poor prison conditions, a torture victim in Sri Lanka killed one week prior to testifying in court against his torturers, court orders in Nepal routinely ignored by the military and the attorney general of Indonesia refusing to investigate and prosecute gross human rights violations.  The value of these cases - as they speak to systemic flaws - is enhanced by the inclusion of relevant international and domestic provisions as appendices.

This book is also available for download in PDF format: English, Bahasa.  

 

  • Introduction: Human rights—From articulation to implementation
  • Chapter One: Launch of discussions on drafting Asian Charter on the Rule of Law
  • Chapter Two: Rule of law and human rights implementation - I. An overview of the collapse of the rule of law throughout Asia and its implications for the realization of human rights
  • Chapter Two: Rule of law and human rights implementation - II. Factors that comprise and determine effective rule of law within a society
  • Chapter Three: The role of the police in human rights implementation - I. Cases detailing police abuse of power and violation of laws in various Asian countries
  • Chapter Three: The role of the police in human rights implementation - II. Factors that lead to impunity-and thereby further encouragement-for the perpetrators of abuse
  • Chapter Three: The role of the police in human rights implementation - III. Systemic flaws that allow police abuse and impunity
  • Chapter Four: The role of the prosecution in human rights implementation - I. Overview of the prosecution mechanism throughout Asia
  • Chapter Four: The role of the prosecution in human rights implementation - II. The role and characteristics of the prosecution as envisaged under international law
  • Chapter Five: The role of the judiciary in human rights implementation - I. Independence of the judiciary
  • Chapter Five: The role of the judiciary in human rights implementation - II. Systemic and institutional obstacles to the effective functioning of the judiciary
  • Asian Human Rights Commission
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