How has the European Court of Human Rights contributed to the protection of children's rights under the auspices of the European Convention on Human Rights 1951
Children's Rights Coursework Question: How has the European Court of Human Rights contributed to the protection of children's rights under the auspices of the European Convention on Human Rights 1951 and has the United Nations Convention on the Rights of Children 1989 had an impact on the reasoning of the European Court of Human Rights behind its decisions in cases concerning children's rights? Briefly consider whether any national law standards on children's rights protection have been influenced by ECHR decisions or maybe have progressed further to protect children's rights in accordance with UNCRC principles. The European Convention on Human Rights is not a child-centred document, but it has the significant advantage of a court, which enforces Convention rights and has actually applied them to children in its jurisprudence. In contrast, the United Nations Convention on Rights of Children is a specific children-orientated instrument, which however lacks a court to enforce children's rights; the Children's Rights Committee has solely advisory role. The European Court's interpretation of ECHR, accommodating for children, has illuminated weaknesses in protecting some rights, never designed for children, like the cautiously interpreted civil and political rights, and strengths in protecting others, like the creatively interpreted right to life and freedom from torture1. The
Investigate The Employment Of People With Disabilities
[1] Investigate The Employment Of People With Disabilities Physical (mobility) Paralysis, loss of voluntary movement in a part of the human body, caused by disease or injury anywhere along the motor-nerve path from the brain to the muscle fiber. Paralysis may result from injury, poisoning, infection, hemorrhage, occluded blood vessels, or tumors. Occasionally paralysis is due to congenital deficiency in motor-nerve development. Permanent paralysis results from extensive damage to nerve cells or to a nerve trunk; severely damaged nerve cells cannot regenerate. Infections, trauma, or poisons that temporarily suppress motor activity but do not extensively damage nerve cells often cause transient or incomplete paralysis, called paresis. Among well-known paralytic conditions are poliomyelitis (previously known as infantile paralysis), cerebral palsy, and multiple sclerosis. Bell's palsy is a common facial paralysis, generally temporary and produced by such conditions as neuritis or infection. Locomotors ataxia is a paralytic condition caused by infestation of the spinal cord and brain with microorganisms that cause syphilis. Alcoholic paralysis is caused by degeneration of nerve cells, in the spinal cord or, less often, in the brain, which have been deprived of essential nutrients. Removing the underlying cause treats temporary paralyses. Permanent paralyses may be ameliorated
Outcome (3): Analyse the provisions relating to the police powers of arrest, search, seizure, and detention. Comment upon the continuing debate as to whether these powers are excessive or insufficient to allow the police to carry out their work efficientl
Outcome (3): Analyse the provisions relating to the police powers of arrest, search, seizure, and detention. Comment upon the continuing debate as to whether these powers are excessive or insufficient to allow the police to carry out their work efficiently. Civil rights are the freedoms and rights that a person may have as a member of a community, state, or nation. They include a person's freedom of speech, actions, and religion. They also include the rights for one to own property, and receive fair and equal treatment from the state, government, and other people. The courts are the governing bodies that decide whether a persons civil rights have been violated. They also determine the limit of such rights so that people do not use their personal freedom in order to violate such rights. The society that we live in is classed as a 'free society' (Stone, 2004; 67) whereby citizens have the right to carry out everyday tasks without an explanation to those in authority. Ones personal freedoms are greatly respected as identified in the European Convention of Human Rights Act 1988. However important ones personal freedom is it can still be intervened with by those in authority. Such invasion of ones personal freedom is authorised by the state. A prime example of this is upon reasonable grounds to do so the police have the power to arrest, search, seize, and detain someone or
Indigenous peoples, almost without exception, have been dispossessed and disregarded by those who 'discovered' them, and their assimilation, or eradication, has been a stated policy of many a government.
Indigenous peoples, almost without exception, have been dispossessed and disregarded by those who 'discovered' them, and their assimilation, or eradication, has been a stated policy of many a government. Historically, international law has done very little to redress the balance or protect or acknowledge indigenous interests. Even in the current epoch of international law with its focus on human rights, these rights have generally been conceptualised on an individual basis, not fitting easily with the inherent group nature of the indigenous people and their claims to self-determination. One manifestation of this clash of cultures is in the approach to rights over land and natural resources: where the Western system of individual ownership has worked to invalidate and subsume the communal group title of the indigenous, based on ancestry, the good of the whole community and a deep spiritual link to that which sustains them. Recently, however, indigenous communities have found their voice on the international stage and there has been more awareness of and respect for their rights. The way of life long enjoyed by the people of Gorgia has been threatened by the removal of their means of subsistence and, thereby, their right to self-determination. The current climate of sympathy, or perhaps shame, felt in relation to indigenous people does provide hope that an effective remedy for
Should people have a right to privacy?
Beth Lair Extended project – ‘Should people have a right to privacy?’ Privacy, should people have the choice to keep their business private? I am going to interpret the question of ‘should people have a right to privacy’ in a way that will explore a series of different angles. The dictionary definition of the word privacy is ‘the right to be free of unnecessary public scrutiny or to be let alone’ yet the definition for right to privacy is ‘the possible right to be let alone, in absence of some "reasonable" public interest in a person's activities, like those of celebrities or participants in newsworthy events. Invasion of the right to privacy can be the basis for a lawsuit for damages against the person or entity (such as a magazine or television show) violating the right. However, the right to privacy does not extend to prohibiting someone from taking another person's picture on the street’ 1(Law.com accessed 20/09/11 ) It is clear to see therefore that privacy rights are not simple. In England there is no straight forward privacy legislation. The above definition provides the basis for the different alleged violations and claimed rights I need to discuss in my essay. Why is phone hacking illegal but taking a person’s photograph or using their image without their permission is a lot more complicated regarding its legality? Firstly, I will discuss the
"Public policy has been slow to treat disability as a matter of equality, human rights and citizenship"
"Public policy has been slow to treat disability as a matter of equality, human rights and citizenship" What impact will the Disability Discrimination Act 2005 and the Equality Act 2006 have on public policy in relation to disability? "Public policy has been slow to treat disability as a matter of equality, human rights and citizenship" What impact will the Disability Discrimination Act 2005 and the Equality Act 2006 have on public policy in relation to disability? The Equality Act1 and the Disability Discriminations Act2, compliment each other in their aims, of eradicating discrimination, from the public domain. The objectives of the Equality Act are wider than those of the Disability Discrimination Act, in that they deal with discrimination on many more different levels than, discrimination against those with a physical or mental impairment3, which is exclusively dealt with by the DDA. However what they both have in common is the promotion of equal opportunity and eradication of discrimination. One of the main features to emerge from the Equality Act4 is the creation of the Commission for Equality and Human Rights (CEHR) this body will be taking on the role of and replacing the Commission for Equal Opportunity (COE), Commission for Racial Equality, and the Disability Rights Commission (DRC). As is apparent, all these Commissions are aimed at inclusion within the
A number of views have been expressed that 'marriage' between two heterosexual couples is not the same as a 'homosexual liaison'.
2. An attempt of analysing our approach to marriage is to ask ourselves how many of the same principle might apply to gay and lesbian relationships. A number of views have been expressed that 'marriage' between two heterosexual couples is not the same as a 'homosexual liaison'. "As a Baptist Minister, I cannot see how gay relationships can possibly be equated to marriage. Marriage is a unique institution because it allows for the possibility of children being conceived and nurtured. In marriage, a man and a woman makes an exclusive commitment to each other. Whilst I recognise that this does not always work out in practice, no comparable situations can ever apply to homosexual couples"1 The question of same-sex marriage is relatively new on the Family law agenda in this country. Until the Sexual Offences (Amendment) Act 1957, sexual intercourse between males was a criminal offence. Complaints that such law violated the right to respect for private life under Article 8 of the European Convention on Human Rights were routinely found inadmissible during the 1950s and 1960s. However, things started changing in the 1970s by the Court of Appeal decision in 19812, that the total prohibition in Northern Ireland was a breach of Article 8(1) which could not be justified under Article 8(2) as "necessary in a democratic society" either for the protection of morals or the rights and
Judicial Reform and Bill of Rights.
Judicial Reform and Bill of Rights Many people believe the present UK judicial system is unfair, old fashioned and in need of a major reform. The cost of legal aid has soared in the last ten years, and solicitors often charge £100 an hour to hire, with barristers costing even more. Even though citizens who cannot afford these rates may be entitled to free legal aid, a lot of people simply don't bother because the time and cost impediments cause more trouble than the case itself. There is great competition between solicitors firms for business, and many people think that the more a solicitor costs, the better the quality of advice is, which is not always the case. Even though the 'no win, no fee' formats introduced to solicitors by the Lord Chancellor are unjust, as the firms tend to take most of the compensation as legal fees. Another reason, which may suggest a need for a reform, is the fact that British judges are un-elected and so are undemocratic. The present system is not only elitist, but it favours white, middle class, well educated males, proving that it can be a racist, sexist, class discriminating system. The public has no choice in deciding who judges and adjourns various cases. A less distinguished point that criticises the UK judicial system is the number of scandals involving Freemasons and other 'secret clubs' in the structure. Two successive governments
Discuss the relationship between a commitment to universal children's rights and a recognition of cultural differences in child-rearing practices.
SCLG 2003, Amanda Hallett, SID: 9816982 Q13: 'Discuss the relationship between a commitment to universal children's rights and a recognition of cultural differences in child-rearing practices.' The relationship between a commitment to universal children's rights and a recognition of cultural differences in child-rearing practices has been an issue of debate for over sixty years. International documents attempt to perform the dual roles of both upholding the legitimacy of cultural differences whilst simultaneously attempting to institute a universalised norm or standard. In order to do this they must battle divergences not just of definition, but also between various ideologies in such a manner that reconciles concepts of 'otherness'. Cultural differences present a number of problems for those seeking to understand the 'other', thus it is especially important that alternative value systems be viewed in their cultural and historical context. Most issues pertaining to international human rights also applies to that of universal children's rights, for example it is important to delineate between authentic cultural differences and those used to further political agendas. Further hindering international acceptance of any universal standard are those perceptions that link human rights activism to an attempt to enforce Western standards and thus global domination. Thus there are
Torts project - Payment of Compensation in Hit and Run Motor Accident.
TORTS PROJECT Payment of Compensation in Hit and Run Motor Accident THIS PROJECT IS SUBMITTED AS THE PARTIAL FULFILMENT OF THE B Sc LLB (Hons.) COURSE SUBMITTED TO: SUBMITTED BY: Miss. Stellina Jolly Nilesh Bairwa B.A. LL.B (Hons) FACULTY OF TORTS I SEMESTER NATIONAL LAW UNIVRSITY (ROLL NO.291) S.NO PARTICULARS PAGE NO. ACKNOWLEDGEMENT 3 2 RESEARCH METHODOLOGY 4 3 INTRODUCTION 5 4 COMPENSATION PROVISION 6 5 HOW THE APPLICATION IS FILLED 18 6 CASE ANALYSIS 23 7 CONCLUSION 25 8 BIBLIOGRAPHY 26 ACKNOWLEDGEMENT I NILESH BAIRWA student of B.A. LL.B.(Hons.) sincerely express my gratitude towards our faculty member Ms. Stellina Jolly for giving me the chance to research On the topic "PAYMENT OF COMPENSATION IN HIT AND RUN MOTOR ACCIDENT". I would thank almighty god to give me the to work on this project. Moreover, I would also thank our librarian, my seniors who helped me in accomplishing this project and last but not the least my friends and parents specially my father who were there in every step of this project to
