Riky Prasetia, Tajul Arifin, Ine Fauzia

Relevance of Article 7 of the Universal Declaration of Human Rights to the Enforcement of Prisoners’ Human Rights in Correctional Institutions

Introduction

Relevance of article 7 of the universal declaration of human rights to the enforcement of prisoners’ human rights in correctional institutions. Examine the relevance of UDHR Article 7 to enforcing prisoners' human rights in correctional institutions, focusing on challenges in achieving equality and non-discriminatory treatment.

Abstract

The treatment of prisoners often still deviates from human rights standards. In fact, prisoners are entitled to the same protection before the law as the general public. The purpose of this study is to examine how Article 7 of the Universal Declaration of Human Rights affects the protection of human rights of prisoners in Correctional Institutions. This study applies a normative juridical approach and a descriptive method of analysis. Data were collected using literature study techniques, as well as using qualitative data analysis techniques. The results of the study show that there are still problems related to the fulfillment of prisoners' rights to equality before the law and non-discriminatory treatment in correctional institutions, making Article 7 of the Universal Declaration of Human Rights relevant to be implemented. Several regulations in Indonesia show that there is a strong legal basis to support the implementation of Article 7 of the declaration. The findings of this study imply the need for optimal enforcement and supervision in fulfilling human rights for prisoners

Review

This study addresses a critical and persistent issue in human rights law: the treatment of prisoners in correctional institutions, which frequently falls short of established international standards. The authors aim to investigate the specific relevance of Article 7 of the Universal Declaration of Human Rights (UDHR) – guaranteeing equality before the law and protection against discrimination – to the enforcement of human rights for incarcerated individuals. Employing a normative juridical approach grounded in literature review and qualitative analysis, the research identifies ongoing challenges in realizing these fundamental rights for prisoners. The core finding underscores the enduring necessity of applying Article 7 of the UDHR, particularly given the existing legal frameworks in Indonesia that support its implementation. The research tackles a highly pertinent and often overlooked area within human rights discourse, emphasizing that incarceration should not negate a person's inherent right to dignity and equal treatment under the law. By focusing on Article 7 of the UDHR, the study effectively highlights a cornerstone principle that is directly applicable to the vulnerability and potential for discrimination faced by prisoners. The methodological choice of a normative juridical approach is appropriate for this legal analysis, allowing for a systematic examination of relevant legal norms and their application. Furthermore, the identification of a strong domestic legal basis in Indonesia is a significant contribution, suggesting that the problem lies not in the absence of law, but in its enforcement and supervision, a crucial insight for policymakers and practitioners. While the abstract clearly articulates the study's purpose and findings, a more detailed elaboration on the *nature* of the "problems related to the fulfillment of prisoners' rights" and specific examples of deviations from human rights standards would strengthen the argument in a full paper. The abstract mentions "several regulations in Indonesia"; explicitly identifying these key regulations and analyzing their specific provisions in relation to Article 7 would provide deeper insight. Furthermore, while "optimal enforcement and supervision" is identified as an implication, exploring concrete mechanisms, challenges, or recommendations for achieving this optimization would yield more actionable insights. Overall, this study offers a valuable and timely examination of a fundamental human rights issue, laying a solid foundation for further in-depth analysis of enforcement mechanisms and challenges.

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