- Join over 1.2 million students every month
- Accelerate your learning by 29%
- Unlimited access from just £6.99 per month
University Degree: Human Rights Law
Currently browsing by:
- Remove2000-2999 words
Meet our team of inspirational teachers
- Marked by Teachers essays 1
While r****m does in fact, still exist, it is difficult to drag on the argument that r****m deserves the same caliber of attention as it did back when people were being murdered based on the color of their skin. r****m today is lower on the totem pole in relation to more pressing problems: "[r****m] 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 r****m" (Steele).
- Word count: 2006
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.
- Word count: 2259
The use of the ECHR was limited to cases where the law was ambiguous. Public authorities did not have to comply with the ECHR or even have regard to the rights it contained as relevant considerations. Despite this situation, since the 1970s arguments based on the ECHR have been used in English courts in three circumstances. It could be used as an aid to the construction of legislation if there was an ambiguity in a UK provision, but reference to the ECHR could only be to resolved the ambiguity, as seen in the case of R v Secretary of State
- Word count: 2441
The Human Rights Act 1998 was part of a plan to incorporate the European Convention of Human Rights (ECHR) into British law4. It was a way to ensure that Human Rights cases could be presented in the British courts, rather than having to take them to the European Court of Human Rights (ECtHR) in Strasbourg. It would seem that this would be good for the public, but it is not as simple as it looks. Although the Human Rights Act is a higher piece of legislation5 that protects a person from others as well as from the government, it cannot be argued on its own.
- Word count: 2156
This essay will look into the reasons why there are inequalities in the criminal justice system, when it comes to those from ethnic minorities and sociologists views into why people deem that black people are more criminally inclined. Criminal justice statistics have consistently shown that people from certain minority ethnic groups are more likely to have contact with the system than White people.
- Word count: 2323
As the European Convention on Human Rights was signed shortly after Second World War and during Cold War, the rights naturally were ways of protection for predominantly civil and political rights, as apposed to social or economic. Clear examples of the kind of rights protected by the European Convention on Human Rights include the right to freedom of expression, which is included in Article 10. The European Convention on Human Rights articles are put into three different categories. These are Absolute Rights, Limited Rights and Qualified Rights.
- Word count: 2058
This essay will be divided into four sections. In the first section, the issue about toleration and freedom of speech is discussed. In the second section, the idea of hate speech will be defined. And the related issue of hate speech will be discussed
Nevertheless, if we do not limit freedom of speech some inflammatory speech which expresses hatred towards certain group of people might exist and leads to social disharmony. In this essay, I will argue that the above dilemma is in fact faulty and freedom of speech should be limited for some speech, like racists expressing hatred towards certain communities. A society can still be healthy, tolerant and civilized, even if there is limitation of free speech. Further, to limit freedom of speech does not necessary mean that the government can use it as an excuse to censor opposing ideas.
- Word count: 2250
Of all the human rights in the European Convention, the right to freedom of expression is the most overrated - Do you agree?
It shall be contended in this essay that the right of freedom of speech is far from 'overrated', contrary to the sentiment in the quote in the question, though it is admitted that there is some occasion when a right might well be 'meaningless'. As a secondary point it shall also be submitted that the safeguards in the Convention are a prerequisite to any such right and must take a form similar to that in the Convention. "Even when viewed in the abstract, free speech is an uncertain public good" 3.
- Word count: 2133
'The conventions governing ministerial responsibility are uncertain in scope and inadequate to provide proper safeguards against incompetence or impropriety. Discuss.'
For a convention to be properly established, it needs to be accepted by those whom it affects. However, a convention is not directly enforceable by law, which is where matters of inadequacy play a part, as we shall discover later on. Ministers are members or supporters of the party in power which holds political office, who often have departmental responsibilities for which they are politically responsible to Parliament as individuals. Ministers are thus responsible for their own actions, a concept known as individual responsibility, and are accountable for the actions of their department, and I shall discuss the distinction between the two later on.
- Word count: 2195
Two of the most important articles in the ECHR are Articles 2 and 3. Article 2 refers to the right to life. It guarantees an "absolute right and derogations are not permitted even in difficult times of war or public emergency". Though, there are some exceptions where a person can be deprived of his life but only in circumstances that are covered by law. Those exceptions have been defined in Article 2(2), and cover the use of necessary force in self-defence, to quell riots and aid an arrest.
- Word count: 2391
How is that balance promoted in the Convention itself, and how satisfactory, in your view, has the European Commission on Human Rights and the European Court of Human Rights pursued that aim?"
The Convention provided both a symbolic statement of the principles for which Western European states stood and "a remedy that might protect those states from communist subversion2". The Convention transformed the abstract human rights ideals into a concrete legal framework. Although the concerns over 'sovereignty' and the reluctance on the concept of a state's accountability in the early days, more than 303 state's signed and ratified the Convention. Nowadays, the Convention has evolved into a European bill of rights, with the European Court of Human Rights having a role akin to that of a constitutional court in a federal legal system.
- Word count: 2923
Outline the approach the High Court would take when considering the claim. Article 8 of the European Convention on Human Rights and Fundamental Freedoms 1950 (the ?Convention?) provides that an individual is entitled to respect for their private life. Article 10 protects freedom of expression. Clearly, a conflict between these Convention Rights arises as the Wicket World magazine wants to publish information about Mike that he would rather keep private. Mike?s potential claim for injunction for further publication or for damages will be considered in light of recent judgments concerning the way to resolve a conflict between those rights.
- Word count: 2924
3 Nevertheless, UK citizens could bring their cases to the European Court of Human Rights (ECtHR) in Strasbourg, France. However, this involved proceedings which were costly and lengthy. The lack of a written constitution and a Bill of Rights spelling out the rights that could be enjoyed by UK citizens demonstrated the difficulties they faced when seeking redress at the courts in relation to human rights as seen in light of the case of Malone v Metropolitan Police Commissioner (1979). 4 The introduction of the Human Rights Act 1998 incorporated the ECHR into UK legislation. Now the Convention was directly applicable in the UK courts, dispensing the need for UK citizens to seek remedy at Strasbourg.
- Word count: 2352