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University Degree: Human Rights Law

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  1. CRITICALLY CONSIDER WHETHER THE COURTS HAVE HELPED THE HUMAN RIGHTS ACT 1998 ACHIEVE ITS OBJECTIVES

    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".

    • Word count: 3695
  2. 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 ?outer limits of schemes of protection which are acceptable under the Convention[1]?. 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[2]. 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[3].

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  3. Have the courts helped the Human Rights Act achieve its objectives?

    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.

    • Word count: 4026
  4. 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.

    • Word count: 3031
  5. 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

    • Word count: 3575
  6. Rape in Warfare and Significance

    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

    • Word count: 4498
  7. 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.

    • Word count: 3403
  8. 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

    • Word count: 4185
  9. Human Rights Safe in Australia - Whose Rights?

    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

    • Word count: 6118
  10. Doctrine of essential features of a constitution

    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.

    • Word count: 5636
  11. Nigerian Judiciary and the defence of the common man

    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.

    • Word count: 3101
  12. Forced Eviction: Is there a Right to Occupy and How Far is it recognised by Human Rights Law?

    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.

    • Word count: 4301
  13. Privacy and Public Figures

    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

    • Word count: 3117
  14. Country Report on Rwanda

    In April President Kagame pardoned former president Pasteur Bizimungu, who was serving a 15-year prison sentence for trying to establish an opposition party in 2002.2 2. Introduction In 1959, three years before independence from Belgium, the majority ethnic group, the Hutus, overthrew the ruling Tutsi king. Over the next several years, thousands of Tutsis were killed, and some 150,000 driven into exile in neighbouring countries. The children of these exiles later formed a rebel group, the Rwandan Patriotic Front (RPF), and began a civil war in 1990.

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  15. LAW ESSAY

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  16. How would the Human Rights Act help the following situation.

    But the Convention14 was considered substantially flawed15. It put an end to the 'gentlemen's agreement' between the UK and France, under which France re-admitted asylum-seekers who had passed through its territory: requiring the UK provide practically unattainable tangible proof of this, resulting in unreasonable delays to the claim16. Once removed, there was no system for monitoring what happened to the asylum-seeker. Further, it allowed application of States' varying national laws, meaning there was still a significant possibility of being returned to the country they had fled from.

    • Word count: 4590
  17. Disability - With reference to a topic of your choice, assess the effect of the disability discrimination legislation in the UK since 1995.

    The field of employment is covered under the provisions found in part 2 of the 1995 Act which prohibits discrimination on the grounds of disability in the employment sector, similarly part 3 of the 1995 Act is concerned with discrimination relating to goods, facilities and services. On the other hand S.19 (5) and (6) exclude the same rights in respect of education services either publicly or privately funded. The extension of the 1995 Act into the field of education has had a great impact on existing legislation, the way in which it has been introduced in an isolated fashion as well as its incorporation and enforcement are factors which contribute to its uniqueness.

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  18. Lessons for an ASEAN human rights system

    This was followed by the establishment of a commission and a court in 1954 and 1959 respectively. This could be termed a treaty-based approach. The African Union's human rights system can also be described as a treaty-based one. It began in 1981 with the African (Banjul) Charter on Human and Peoples' Rights, which sets out certain rights and duties that member states shall recognize and implement.2 This was followed by the establishment of the African Commission on Human and Peoples' Rights in 1987 and later the creation (and integration) of the African Court of Justice and Human Rights.

    • Word count: 4335
  19. international armed conflict

    Jus ad bellum refers to laws relating to the right to engage in war, for example sovereignty, escape from slavery and aggressors1. The foundations of this meaning Jus ad bellum lay within ancient Greek society. Jus in bello on the other hand stands for justice in war, the idea in this section is that all wars that originate must be just; examples of this are self-defense and aiding another state with an aggressor2. The main message that is gathered from the laws of war is that no matter if an individual is sick, wounded, a prisoner of war or a civilian they are to be protected.

    • Word count: 3131
  20. Human Rights and Human Beings: The Law on Abortion and What it is to be Human

    First I would like to consider when life as a person begins. There are a large number of stances regarding this subject, the first of which is that of many pro-life individuals: that human life, and indeed the beginning of the individual's being as a 'person,' begins at contraception. The view here is that once the zygote (or fertilized ovum, as it is more commonly known) is formed, it carries a unique D.N.A. that it will carry with it for the rest of its life, and that the zygote has the capacity to develop into a newborn child.

    • Word count: 4681
  21. Human Rights Act 1998 is a constitutional act

    On the other hand, where the constitution is unwritten, the circumstance is slightly different. Therefore, in United Kingdom the precious substance of its constitutional law became ambiguous and subject to debate2. The constitutional lawyers of United Kingdom thus need to consider different sources of British constitution which is constructed through hundreds of years. The constitution of the United Kingdom is actually based on Acts of Parliaments (statutes), judicial reviews and some political conventions. In addition, it (the constitution) is guided by three fundamental principles which are the separation of powers, the supremacy of parliament and the rule of law3. However, the absence of any written constitutional framework in United Kingdom affects British constitutional law.

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  22. human rights

    Since 1966 people have had the right to bring cases against the British Government in the ECHR. Over the years there have been many cases in which the ECHR has found that the UK has breached the Convention. One reason that there have been so many findings against the British Government is that there was no way that people could get redress for breach of their rights under the Convention in the British courts. This and the fact that taking a case to the ECHR can take several years were major factors in persuading the new Labour Government to pass the HRA shortly after they came to power in 1997.

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  23. Critically assess whether the reforms proposed by the draft Constitutional Convention on the Future of Europe will satisfy the objectives of the Laeken Declaration.

    Agriculture and such like were later added. A single market for goods, persons, services and capital was recognised, and in 1999 a single currency was also added. It was on the 1 January 2002 the euro become reality for millions of European citizens. In the beginning, the European Union was more of an economic and technical association. Now the European Union has become more known and recognised and is being used more. The European Union up till now has been triumphant.

    • Word count: 3105
  24. What kind of responsibility do some states have for the rights of the subjects of other states?

    The Commission was established in response to the question of Kofi Annan as at what stage the international community should intervene in the internal affairs of the country for humanitarian purposes. The report stated that sovereignty is not only providing any state the right to ?control? their internal affairs, but also imposes an immediate obligation to protect people living within the borders of this state.[3] ?Responsibility to protect? was introduced in 2005 by the UN initiative. It is the new rule of international law.

    • Word count: 3356
  25. Advise Jon regarding whether or not Raila can be prevented from publishing his face and/or his unique number plate. Thorough analysis of the HRA and the HRC will be required, whilst looking at relevant cases

    Effective and grammatical communication of arguments demonstrating sound standard of English ? spelling, grammar and use of technical terminology. X Tutor Feedback (including how to improve your work) *MUST BE FILLED IN BY STUDENT Note: If you wish to obtain individual feedback you should make an appointment to see your tutor. Students who have not passed their work MUST contact their module tutor for a personal feedback session. University of Huddersfield School of Law ________________________________________________________________________________________ * Personal Development Planning ? PART 1: To be filled in BEFORE receiving feedback Part 1:- Fill in this form ? to be handed in with your assessment * How did you prepare your work for this assessment?

    • Word count: 4459

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  1. Do they use key words from the title or question?
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