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University Degree: Human Rights Law
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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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'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.
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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.
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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.
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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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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. ?Responsibility to protect? was introduced in 2005 by the UN initiative. It is the new rule of international law.
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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.
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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.
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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?
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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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