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University Degree: Human Rights Law
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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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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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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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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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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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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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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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My argument is not so much that the Europeans should have never settled in America but more that they should have incorporated the roles of the aboriginals in the new society filled with new opportunities and innovations. They should not have attempted to wipe out an entire race and culture and society for no apparent reason. Although the main reason behind this was racism and ethnocentrism. The Europeans saw aboriginals as savages. In their view the "savages" were more like animals then humans, and they were treated like animals.
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The Human Rights Act 1998 places the courts in effective control of the British constitution. It could now be described as a 'legal' rather than a 'political' constitution"
Lord Woolf said, in discussion of the effect of making the Convention part of domestic law, "It is already obvious that the result will be...significant changes, to our constitutional arrangements" ii. As Woolf suggests, allowing the courts to comment upon legislation means that they have at least some degree of influence. It is important to point out that Britain does not have a codified constitution as many other countries do, and it is instead comprised of statute, convention and case law. This means the constitution is more flexible and fluid than other countries which have a stricter "Bill of Rights".
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as 'basic moral guarantees that people in all countries and cultures allegedly have simply because they are people... Human rights are frequently held to be universal in the sense that all people have and should enjoy them, and to be independent in the sense that they exist and are available as standards of justification and criticism whether or not they are recognized and implemented by the legal system or officials of a country.'1 It would be contrite to ignore what cultural diversity is defined as, as it is an important aspect to understand in answering the question sufficiently, however this is a contested concept and there is no single definition.
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A child's consent is important in relation to all the decisions she makes and in South Africa the age of consent of the girl child is 16years as compared to that of a boy which is 19 years.9 According to the United Nations Convention on the Rights of the Child10 and supporting sections in The Constitution of the Republic Of South Africa, 199611 a child has her rights to privacy, thought, conscience, freedom of expression and her rights should be of paramount importance with the aim of protecting her from abuse.
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The only circumstances where there will not be a breach are set out in the second part of the article. However, where a death occurs in each of these three circumstances the responsible official will have to show that they did not use any more force than was absolutely necessary. So, if someone is killed when the police are trying to arrest them, there will be breach of Article 2 if it is shown that the police used more than the minimum amount of force necessary to detain the person.
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These rulings, with Bellinger led the way to legislative reform for recognising the gender of transsexuals in the UK. Legal issues and outcomes The case presented complex legal issues. On 10th April 2003 the House of Lords unanimously rejected Mrs Bellinger's claim for a declaration for the validity of the marriage4. Alternatively, it did grant the request for a declaration of incompatibility under the Human Rights Act 1998. The Ratio and Evaluation The Court's upheld their decision in the Bellinger case suggesting it was for parliament to make any necessary reforms. Their decision influenced by Lord Nicholls of Birkenhead who stated that ' this would present a major change to the law, having far reaching ramifications.
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Imagine that you are writing a study of Paris during the Terror. In the form of a short essay, consider the following three questions.
Also being in Paris at this time Roux may have been in an excellent position to comment upon the problems faced by the people at ground level, or at least within his own circle of influence. Roux would therefore be aware of the people's views towards the revolution, Convention and the liberty they believed in and fought for. Points raised in his speech suggest this liberty had not been achieved when he mentions that liberty was a vain phantom (Jacques Roux, Scripta et Acta).
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Under the Convention itself it was possible (and, post-HRA, it remains possible) for an individual claiming to be a victim of a violation of his or her Convention rights to take a case to the European Court of Human Rights in Strasbourg and for that Court to hold the UK accountable for any proven breach, including by requiring compensation to be paid. However, before taking such a case, a person had first to exhaust available domestic remedies and thereafter the route to the ECtHR in Strasbourg was notoriously slow and expensive. The law of England and Wales did however provide a number of safeguards for human rights (though not described as such).
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Therefore it would not be fair for such decisions to be left solely at the discretion of the media. The media categorises individuals in making decisions about how much of their private lives should be public knowledge. To present a clearer picture of how the media determines this, Reuss notes that there are three kinds of mass media decisions in relation to privacy: * Those that involve people who are voluntarily in the public eye, such as celebrities and politicians.
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An example of which is Article 3 ECHR (freedom from torture, inhuman and degrading treatment or punishment). Article 3 has been regarded as an 'absolute right' by the European Court on Human Rights (ECtHR),  over a significant length of time and producing an extensive body of case law. It may be thought of as perplexing to talk of an 'absolute' human right within a national human rights system; however, there is also support for the absolute nature of the prohibition on torture within the UN system. Furthermore, the Torture Convention is widely ratified with 159 States Parties and 10 Signatories. Derogable Rights There are other rights within the Convention, which are subject to derogation.
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Most countries are in Europe, for example, Sweden; this country has enjoyed the right to information since the beginning of 19th century. ?The Freedom of the Press Act? of 1766 later became a part of Swedish constitution; it provides comprehensive provisions so as to ensure public access to all documents held by the government (Research, Reference, and Training Division, 2000). Information is vital to social development, a true democracy can only be achieved by the time that all citizens have a right to know every public act within the country and take part in them (Tiwari, 2010).
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Over the last 25 years, there has been a significant movement towards more open government which is largely, but not wholly, attributable to decisions under the European convention on Human Rights" Discuss.
The statement raises to main issues which will be the focus of this discussion. First the statement suggests there has been an effort to create a more open government in the United Kingdom over the past two decades. This is evident through the Official Secrets Act which decriminalised the disclosure of once sensitive information. Furthermore the intelligence services M16 and GCHQ were placed on a statutory basis by the Intelligence Services Act 1994 and a parliamentary committee was established to oversee their work.
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This essay will discuss what is meant by Human Rights and go on to explain both the rights of privacy and the freedom of expression individually and then identify if both of these work well together.
These human rights are there to ensure that an individual can have the basic rights and needs to live a happy life. The main piece of legislation that regulates human rights is the human rights act 1998. This act is at the centre of any disputes regarding human right infringements. Certain areas of human rights can be quite contentious; this refers to such disputes that arise out of issues regarding the right to respect for private and family life. It is important for the government to respect this right but at the same time ensure that this doesn?t result in crimes going unnoticed.
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Outline the UK Governments current proposed response to the decision in S and Marper v UK and evaluate to what extent this proposed response will remedy the problems identified in that case
On the 19th of January, 2001, Mr S. was eleven years old when he was arrested and had his DNA profile recorded (along with his fingerprints). He was charged with attempted robbery but on the 14th of June, 2001, was acquitted. Michael Marper was arrested and charged with harassment (of his partner) on the 13th of March 2001, although due to reconciliation with his partner the charge was not pressed. The House of Lords, The High Court and the Court of appeal all had their judgements in favour of the UK government overturned by the European Court of Human Rights.
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