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University Degree: Human Rights Law
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- Marked by Teachers essays 1
Does Article 15 of the European Convention on Human Rights achieve the correct balance between allowing States to tackling situations involving a national emergency and ensuring continued protection of human rights?4 star(s)
In this essay, I will therefore first examine the limitations which Article 15 itself imposes on States - with reference to certain other international requirements which also apply in this regard. I will then briefly describe the way in which the European Court of Human Rights (hereafter: the Court) assesses cases under Article 15. 2. Limitations on State action at times of war or public emergencies contained in the text of Article 15 Article 15 ECHR, clearly allows States that are Party to the Convention to derogate from their normal obligations "in time of war or other public emergency threatening the life of the nation".
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Critically consider the extent that 'right to silence' and the privilege against self-incrimination continue to be a part of the English criminal justice system
freedom of an individual 'not to divulge information which might be incriminating' and 'the right that no adverse consequences should ensue as a result of exercising that choice'.3 In Rice v Connolly, the court suggests that the right to silence is recognised in domestic law in which the accused has no legal duty to answer questions put by the police.4 According to the European Court of Human Rights in Murray v United Kingdom, the right to silence of the accused person was not absolute in the sense that no adverse inferences could ever be drawn at trial from that silence.5
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Freedom of expression is as much a sinew of a common law as it was of the European Convention.' Freedom of expression and freedom of assembly are the rights protected by the Human Rights Act. The act forbids governments and other public authorities (including police) from violating these rights. Nevertheless there are some limitations on these rights in order to prevent unrest, violence and crime. The limitations are put also to protect the rights and freedoms of others. Freedom to protest is one of the main freedoms citizens have access to thanks to the Human Rights Act 1998. The articles which are considering the freedom to protest are articles 10 and 11.
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In my essay Im going to look what Human rights are and who is entitled to Human rights. I will mainly focus on the declaration of human rights since it is the most recent establishment of human rights.
These claims derive from morals rules and are expressed in legal terms or United Nations dialect." Many people share the have the same view as Stanley Cohen. Human rights only exist in our minds. There is no such natural thing as human rights. Everyone has their own definition of human rights in their own head. So if people have different concepts of human rights how can we know whether one concept is better than the other or if one set of rights are right and another wrong? Some people even believe that humans are in no position to create their own human rights but only God is because humans are not perfect so their man made rights wouldn't be perfect either.
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This controversial decision in Ullah12 was supported by Lord Bingham who declared that the roles of domestic courts are "to keep pace with the Strasbourg Jurisprudence as it evolves over time: no more, but certainly no less"13. This can be strongly criticised on the grounds that it could create an extremely restrictive approach in the UK courts, thus limiting the development of domestic human rights law in an attempt to follow Strasbourg. Lord Bingham further goes on to claim that "convention rights should be uniform throughout the member states".
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ECHR Article 8: Where does margin of appreciation lie regarding the respect for private and family life under Article 8 ECHR in cases of deportation
Thus, margins of appreciation are the âouter limits of schemes of protection which are acceptable under the Conventionâ. The use of margins of appreciation allows the European Court of Human Rights (ECtHR) to keep in touch with legal reality where there is scope for differential application of Convention provisions while still retaining some control and supervision over member state conduct. The doctrine thus reflects the subsidiary role of the Convention in protecting human rights as the initial and primary responsibility for the protection of human rights lies with the contracting parties.
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If there is legislation that cannot be interpreted in line with convention rights, the courts can either strike down that statutory provision (if its secondary or delegated legislation) or they can issue a declaration of incompatibility14 (if its primary legislation). R v Lambert illustrates the use of section 3.15 Here, the House of Lords (HoL) used its power under section 316 to change the meaning of section 28 of the Misuse of Drugs Act 1971, thereby reducing the obligation on the defendant in order to comply with article 6 of the ECHR.
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The common law of defamation is structured around Article 10 of the European Convention of Human Rights, which provides protection for freedom of expression.
On May 26th 2010 Lord Lester of Herne Hill introduced the Defamation Bill 2010 which contains provisions and proposals for possible amendments to the Defamation Act 1996. The bill seeks to reduce the chilling effect on freedom of expression and to reassess the vagueness and uncertainty of the present law, whilst providing an effective and proportionate remedy to a person who has been unfairly defamed.5 Amongst several proposals introduced,Lord Lester refers to publication of defamatory material set out in Clause 9 and 10.6 It is essential that publication of the defamatory statement must be communicated to a third party.
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The application of common standards necessarily treats people differently, privileging some and penalising others. Thus it becomes an imposition of homogeneity, not an acceptance of difference. Discuss
International organizations and the international community had pledged to help Haiti beyond the immediate relief efforts to sustain effective development policies and improve access to good services. For this, initiatives supposedly had to be anchored in human rights, ensuring that the root causes of vulnerabilities, namely poverty and discrimination, could be addressed. The paramount goal was to ensure that Haitian people achieved their rights in full, and this could not be postponed until more favourable conditions prevailed. Instead, it should be accepted that the developing world needs more assistance, as they have no rights, rather than attempting to facilitate for
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It should be noted that this critical response would not focus on the dramatic and theatric accounting of children in conflict zones. Instead, this critical response will integrate the value added of the literature pieces- the journal article "Complex Political Perpetrators: Reflections on Dominic Ongwen" and the case "Canada (Prime Minister) v. Khadr 2010". These differently natured literatures are deemed more than enough to shed some light on the perspective that the issue of children in conflict zones is not just a welfare issue; it also raises the possibility that inconsistencies are present when it is set against international justice and politics.
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Author's Key Words: Internal Rape, External Rape Research Statement Injustices committed during past wars should never be brushed under the carpet. Once human dignity is violated the impact is forever and so there can be no permanent way to restore it. Therefore, the issue of rape in warfare should be categorized as crime against humanity as this is the only way to prevent it from occurring and to make culprits take up responsibility. Background History of Rape in Warfare As noted earlier, the use of sexual violence against women has been considered as a way of attacking an enemy even
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Although this may be true, one may still bring strong arguments in favour of distinguishing certain fundamental human rights from other human rights. Such arguments in favour of a hierarchy between human rights stem from the notion that certain rights are so fundamental that they can never be derogated from without threatening the dignity of the human being. In fact upon on a close reading of Article 15 sub-Article 2 of the ECHR one will realize that the Convention elevates four Articles to the status of 'absolute rights'. Or in other words, rights from which their can be "[n]o derogation"5.
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The death penalty is the best method of punishing atrocious criminals while still fulfilling a moral standard. First of all, the death penalty deters crimes. The opponents contest that many murders occur in the heat of passion or under the influence of drugs or alcohol. Thus, the threat of death does not affect these individuals and could not have been a deterrent for them (Update). When one is in the heat of passion or under the influence, he or she is unable to control their rash actions let alone have time to consider the consequences they may face.
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Selecting and discussing up to five cases decided in the UK since 2 October 2000, explain the impact Human Rights Act 1998 has had on the law in England and Wales.
A right can be defined as 'privileges, claims, powers and immunities'. Since we do not have a written constitution to form a 'higher' source of law which can only be changed by a special procedure, the doctrine of parliamentary sovereignty provides that there is no area where parliament cannot legislate meaning that our freedoms could be taken away by an Act of Parliament. In Firearms (Amendment) Act 1997, the government banned most handguns thereby removing what gun owners saw as their 'right' to own guns.
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REMEMBERING THE PAST TO SHARE A FUTURE - Recognition, Reflection and Reconciliation of Australias Indigenous History
coordinated and unprepared to defend against a technologically superior invasion force that suppressed resistance with violence.12 In declaring the land to be without people or terra nullius, the establishment of English sovereignty and law was complete; albeit on racially prejudiced grounds.13 Indigenous peoples were declared subjects of the crown, under the illusion of 'settlement', with any resistance dealt with as criminal acts.14 The bloodbath that followed saw the Indigenous population decimated by acts of violence, murder, massacres, rape, disease and dispossession resulting in the extermination of approximately 97% of its original population by 1891.15 Many of these crimes were at
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is further compounded by the infrequent sittings of elected representatives, orchestrated parliamentary debates, and a focus on political issues largely irrelevant to the general public.14 It was this 'unrepresentative' parliament that introduced a breadth of legislation that directly undermined the rights of vulnerable people during the Howard era and truly defined this 'protection' as a myth.15 3.2 Constitutional Protection? Whilst the Constitution does contain expressed rights relating to voting,16 trial by jury,17 acquisition of property,18 freedom of religion,19 and discrimination on the basis of state residence,20 they offer only limited protection.21 The right to vote was transitional and is now
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While racism does in fact, still exist, it is difficult to drag on the argument that racism deserves the same caliber of attention as it did back when people were being murdered based on the color of their skin. Racism today is lower on the totem pole in relation to more pressing problems: "[Racism] has assumed a different kind of power, making it impossible for blacks or whites to acknowledge that issues such as poverty, broken families, and lack of education are far more significant problems for blacks than racism" (Steele).
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There is without doubt an endless list of human rights abuses that have been inflicted on people within this region historically and that we continue to suffer up to this very day. In spite of these considerations it is important to ponder whether SADC had a human rights agenda when it was established or at any point thereafter. Is SADC not simply a body meant to increase trade within the region and make it easier for its citizens to travel amongst the member states?
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took the centre seat with the newly appointed former judge president Garwe JA taking the right seat. After the first case had been heard I confidently stood up, cognisant of the fact that my time to shine had now come. I had postponed my flight for this moment and was not going to waste it for any reason. Notions of justice that were learnt in law school reflected prominently in my head. I was not being paid for this case yet I had done so much research and here I was with my opponent a prominent lawyer who, unlike me, was being paid so much to be here.
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1 The Phillips commission of 1978, suggested that the police were allowing too many weak cases to go to court. P?l??y m?k?ng started to change radically and The Cival Disorders of 1981 were seen as a catalyst. It involved hundreds of young people attacking property and Police causing thousands of pounds of damage to there own town. This primal act, was retribution for particulary young black people in Brixton who had voiced a lack of trust in the law after police had carried out Operation Swamp.
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A well functional judiciary is a central element of the civil society. It is the sole adjudicator over the political, social and economic spheres. But despite the encomiums the Nigerian judiciary has received in recent time, the justice sector has practically collapsed under the weight of abject neglect by past administrations. The sector is slow in dispensing justice. Laws are archaic and antiquated, court infrastructures are obsolete and the prisons are over-crowded resulting in the collapsed of civil and criminal justice system.
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the necessity of an Application to the Commission and then the Commission 'prosecuting' the case to the Court and the reform of this. Looking at the adjective international law on the current position relating to application to the European Court including the various Chambers and the Grand Chamber. Critically considering the effectiveness of the process. Chapter 4 History of Occupancy and where Forced Eviction can be an issue In this chapter the history of residential occupancy is considered. It will be necessary to look at the position of each as to forced evictions.
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Dicey and the separation of powers which in fact is not a 'true separation of powers'. 3 "Constitutional and Administrative Law" 2. THE RULE OF LAW BY A.V. DICEY Rule of Law as historically influenced by A.V. Dicey appears to denote that the powers exercised by government must be founded on lawful authority; non-arbitrary, that citizens should be equal before the law and that the law should be stated very clear to understand by all. 4(The Law of the Constitution, 1971). 5Entick v Carrington (1765), in which agents of the King, acting under a warrant issued by the Executive, the Secretary of the State, broke into the home of Entick, alleged to be the author of seditious writings, and removed certain of his papers.
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Lack of privacy can cause severe emotional distress and psychological disturbances, which can be more painful than physical injury. Public figures do not have the same right to privacy the average citizen enjoys. In the United States, this practice is explained by the notion of 'implied consent'; which assumes that public figures who voluntarily thrust themselves to the public eye, have impliedly waived most of their rights under privacy. However, this does not mean that public figures are completely barred from any kind of protection, there are 'some things all men alike are entitled to keep from popular curiosity, whether
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Devolution is the delegation of power from a central government to local bodies. Scotland was granted devolution by the passing of the Scotland Act in 1998, this means that Scotland has a parliament with 'devolved' powers within the United Kingdom. This enables Scotland as a nation to have more of a say in the running of its own country. It means the issues which are more pertinent to Scotland, rather than the UK as a whole, are dealt with more efficiently. Any powers which remain with the UK Parliament at Westminster are reserved.
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