This sub-theme will explore further how the state should involve the people in making legal decisions when in the future they experience similar emergencies or other social upheavals. In addition, it is also to discuss how the future of post- pandemic democratic deliberation will end and the impact it will have, and whether it is possible that the structures and patterns currently being implemented can be further improved in order to create inclusive and democratic governance or whether the shift in public space towards digital further actually degrades democratic values in governance.
The Covid-19 Pandemic demands nations across the globe to cooperate in the field of public health services. Often times, vaccines, other medical devices and services are produced by only select countries equipped with suitable financial and human resources capability. This is one of the factors why cooperation and alliances between the public and private parties become imperative in order for states to obtain equal access to proper health and safety. This sub-theme will look into how international law and diplomacy as one of the main the mechanisms in the international cooperation related to public health services, as well as whether the existing international law instruments could facilitate such exchange in the times of emergency.
The pandemic saw an increase in the domestic violence against women. The United Nations data shows that one in two women experienced domestic violence themselves, or know another woman who experienced domestic violence. This condition is made worse with the perception of victimization or re-victimization of the women victims. Furthermore, there is still the inherent perception that the position of women is that of a subordinate to men. This creates an increased difficulty for women to obtain access to justice. This sub-theme will look into what legal challenges are present in the issue of women’s rights, and the best legal policy in various aspects of law that needs to be established to accommodate women’s rights.
The impacts of the COVID-19 pandemic are not only limited to health and safety, but also access to justice. Minority groups and vulnerable are some of the examples of the most profoundly impacted groups. The UN has addressed this particular issue through the adoption of the Statement by the President A/HRC/43/L.42 which addresses that the pandemic intensifies the already existing inequalities of rights of persons in marginalized and vulnerable situations, such as refugees, internally displaced persons, persons with disabilities, and indigenous people. This sub-theme will look into how the pandemic affects the rights of the vulnerable and minority groups in accessing justice, and how better legal mechanisms can be established to have better protection of the fundamental human rights in the post pandemic.
The already precarious environmental crisis is further aggravated by COVID-19. Data gathered by the Global Land Analysis and Discovery shows that there is an increase in global forest loss in 2020, when the pandemic affects people the highest. Limitations in work and economic collapse encourage people to turn forest into food and feed crops areas and to rely their income in the sale of wood. This sub-theme will look into how environmental crisis are exacerbated by human activities during and the post pandemic, and how balance ought to be struck between the right of the current generation to survival and the right of the future generation to the equal access of the environment.
The COVID-19 pandemic accelerates the need to utilize technology in the enforcement of criminal law. The United Kingdom, for example, provides virtual prison visits and enables the taking of statements through phone. In Indonesia, proceedings are conducted through teleconferences. However, concerns were expressed concerning this situation. Regarding the rights of the suspect, for instance, the right for direct consultation with the lawyers is limited. Public proceedings for certain cases also cannot be exercised. This sub-theme will look into the question of whether the post-pandemic era will bring a new mechanism of the enforcement of all elements of the criminal justice system, from reporting of the criminal offence to the punishment of the perpetrator.
One of the biggest change the pandemic has brought is the way people work. As limitations in the form of social distancing is necessary, offices have ceased its usual operations and employees are obliged by government regulations and laws to perform work from home. However, not all categories of work are able to adapt to the new ways. Workers in the informal sectors who need to interact with people as part of their works is deeply affected by the newly instituted regulations. Those who cannot adjust have to lose their jobs, often their main sources of income. Furthermore, the existence of Gig Economy brings both positive and negative impact. This type of work, which offers more flexibility and autonomy for the workers in nature, flourished during the pandemic. On the other hand, the rights of the workers in the gig economy remain unregulated, leaving them as one of the most vulnerable categories of workers. This sub-theme will look into what challenges the post-pandemic era bring to the protection of labour, and what regulations should be designed to facilitate the new normal of work.
Due to the global pandemic, states were able to limit the civil and political rights of the citizens. However, states often carry out the limitation of rights in an excessive manner in the name of an emergency or a crisis situation. This creates the necessity to address how far the civil and political rights of the citizens of a particular state. This subtheme will look into the relation between Constitutional Law and Human Rights, in particular relating to the Emergency Constitutional Law and its connection to civil and political rights.
This sub-theme discusses developments in the field of international law as they relate to responding to current global problems especially in the Covid-19 crisis and Post-Pandemic. Its scope is part of the law that regulates the activities of international-scale entities. The discussion can also cover international organizations, international policies, international agreements, and issues of international law that significantly affect the lives of the world community.
The scope of the discussion in this sub-theme is on legal aspects of investment, or investment is an investment activity, either directly or indirectly, with the hope that the owner of the capital will profit from the investment’s results in the future. Furthermore, the discussion can be related to legal aspects and their influence on a process of increasing total income and per capita income while taking population growth into account and accompanied by fundamental changes in a country’s economic structure and income distribution for the population of a country.
This sub-theme discusses the role of law in originating from God’s teachings that must be obeyed by mankind, and obedience is worship, which is also an indication of one’s faith. As for Islamic family law, it can be linked to four legal subsystems: (1) marriage, (2) parenting, (3) inheritance and wills, and (4) guardianship and supervision. Islamic economic law can be linked to human relations with fellow human beings in the form of agreements. or contracts, related to human relations with economic objects or objects, and related to legal provisions regarding objects that are objects of economic activity.