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University Degree: Human Rights Law

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  1. Human rigths

    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
  2. 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.

    • Word count: 3101
  3. LAW ESSAY

    • Word count: 3470
  4. Aboriginal rights in Canada

    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 r****m 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.

    • Word count: 1920
  5. 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
  6. 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".

    • Word count: 1717
  7. What effect does a concern for cultural diversity have upon justifying universal human rights?

    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.

    • Word count: 1587
  8. 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.

    • Word count: 5653
  9. 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
  10. Free essay

    Does the UK need a Bill of Rights?

    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
  11. Criminal Law Offences Act

    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.

    • Word count: 1894
  12. 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
  13. Human Rights Convention violation: Art. 2, 3, 8 and 10

    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.

    • Word count: 1859
  14. 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
  15. ethnic minority

    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
  16. 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.

    • Word count: 3301
  17. Bellinger v Bellinger case note

    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.

    • Word count: 1947
  18. Human Rights Act

    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
  19. 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).

    • Word count: 1036
  20. 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.

    • Word count: 9971
  21. 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
  22. What effect has the Human Rights Act 1998 had on the law of England and Wales?

    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).

    • Word count: 1309
  23. 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
  24. 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

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