Journal article

Law and the Realisation of Human Rights: Insights from Indonesia's Education Sector

Andrew Rosser

ASIAN STUDIES REVIEW | ROUTLEDGE JOURNALS, TAYLOR & FRANCIS LTD | Published : 2015

Abstract

Abstract: Do justiciable legal frameworks for the protection of human rights (JLFPHR) promote the realisation of human rights? This paper considers this question by examining a set of recent Indonesian court cases related to the right to education. It argues that citizens in these cases successfully used Constitutional provisions related to education rights to challenge government policies that undermined these rights because: (i) they encountered judges sympathetic to their cause; (ii) they had access to support structures for legal mobilisation (SSLMs); and (iii) they engaged in simultaneous political mobilisation that created a broader political climate conducive to judicial activism and ..

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University of Melbourne Researchers

Grants

Awarded by Australian Research Council


Funding Acknowledgements

I wish to thank Wahyudi Djafar and Donni Edwin for research assistance during fieldwork for this paper and two anonymous reviewers for their comments on an earlier draft of the paper. This work was supported by the Australian Research Council under grant number FT110100078.