human rights

THE HUMAN RIGHTS ACT 1998: AN OVERVIEW The preamble to the Human Rights Act 1998 (HRA) describes it as 'an Act to give greater effect to rights and freedoms guaranteed under the European Convention on Human Rights' (the Convention). To understand the HRA you need to now something about the history of the Convention. THE EUROPEAN CONVENTION ON HUMAN RIGHTS The Convention was drafted after the Second World War. British lawyers and civil servants were heavily involved in its drafting. The United Kingdom (UK) signed up to the Convention in 1953 and was one of the first countries to do so. In all, 45 countries have now signed up to the Convention including most of the east European, former communist countries and several countries that were once part of the Soviet Union. The countries that have signed up to the Convention make up the Council of Europe. The Council of Europe is quite separate from the European Union. The Convention is divided into 'articles'. Articles 2 to 14 set out the rights that are protected by the Convention. Over the years the Convention has been supplemented by a number of protocols that have been agreed by the Council of Europe. Some of the protocols just deal with procedural issues but some guarantee rights in addition to those included in the Convention. The UK has signed up to two of the protocols that guarantee additional rights (the First

  • Word count: 9971
  • Level: University Degree
  • Subject: Law
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Human Rights Safe in Australia - Whose Rights?

HUMAN RIGHTS SAFE IN AUSTRALIA - WHOSE RIGHTS "A bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inferences"1 I INTRODUCTION Australia is somewhat a strange and nonsensical oddity in the world today. As a nation that has championed the cause of fundamental human rights,2 and was one of the original drafters of the Universal Declaration of Human Rights,3 it has consistently failed to equally guarantee the protection of those very same rights for its own people.4 Despite being a signatory to all human rights treaties, Australia stands today as the only western democracy in the world without a Bill of Rights,5 a failing that has permitted repeated breaches of fundamental freedoms committed under the 'lawful' authority of government policy and legislation.6 This paper will briefly outline the case for an Australian Bill of Rights and echoes the call of many people who recognize the current system is vastly inadequate.7 II WHO NEEDS PROTECTING? Rights protection for white, upper-middle class male conservatives has generally been assured throughout Anglo-Australian history, because they have almost exclusively occupied the strongest positions of political, legal and social power; including the drafting and judicial oversight of the Australian Constitution and

  • Word count: 6118
  • Level: University Degree
  • Subject: Law
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Disability - With reference to a topic of your choice, assess the effect of the disability discrimination legislation in the UK since 1995.

With reference to a topic of your choice, assess the effect of the disability discrimination legislation in the UK since 1995. Disability discrimination legislation has since 1995 been presented in various forms, each time addressed with the hope that one shall discover a long awaited evolved version of the previous what many consider, unsuccessful laws. Nonetheless the context of the legislation although has been questioned, it seems it is the practical ineffectiveness of the laws contained within the document that have caused most unrest. Although numerous areas are covered or seem to be included in each of the disability discrimination legislations that shall form the basis of this essay, for the benefit of the question this essay shall assess the effect of the disability discrimination legislation in the UK since 1995 with reference to issues surrounding education. Education is the process by which an individual acquires knowledge, skills and experience, essential to achieve and develop at the very least an average lifestyle academically, professionally and personally. Formal education is "the highly institutionalised chronologically graded and hierarchically structured 'education system' spanning lower primary school and upper reaches of the university".1 The concept of education is universal, the importance attached to it is unchallenged but still there are many that

  • Word count: 5653
  • Level: University Degree
  • Subject: Law
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Doctrine of essential features of a constitution

One step forward, three steps back. A critical analysis of the doctrine of core values of a constitution in Mike Campbell and Another v Minister of Lands and Another1 By Tazorora TG Musarurwa2 Introduction On 14 January 2008 I entered for the first time the court-room of the Supreme Court of Zimbabwe. On this day I was scheduled to be in Pretoria to begin my LLM studies at the University of Pretoria but I had refused to forego the opportunity of a debut appearance before the highest court in the land. As a young legal practitioner I had decided to utilise every opportunity that came before me which advanced my career. Even though the matter was a pro deo (where the attorney charges no fees) one, the prospect of winning my first Supreme Court case was worth more than any money I could have been paid. As I entered the courtroom I was surprised as it was rather small and fell short of what I had expected as a 'supreme' court. Nonetheless, I took my seat by the bar and was informed by the orderly that my case was the second of two cases that were to be heard that day. Just after 1000hrs we all rose as the court orderly had ordered and the three Supreme Court judges entered the court and took their respective seats. It was my first time to set eyes on the honourable Malaba JA as before I had only read his name from the law reports. It is interesting to be able to put a face to

  • Word count: 5636
  • Level: University Degree
  • Subject: Law
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Human Rights and Human Beings: The Law on Abortion and What it is to be Human

Human rights are based on human beings. Discuss with reference to both the law on abortion and on the case of Airedale NHS Trust v Bland, House of Lords (1993). What it is to be human has been a philosophical, political, and religious debate that has lasted for centuries, and continues to this day. It is apparent that in order to determine the purpose of human rights, we must first determine what constitutes a 'human being;' that is to say, when does 'life' begin, and even, when does one's humanity end? I contend that there are no correct answer to these questions, merely opinions supported by arguments and on occasion the odd 'fact', scientific, religious, or otherwise. Every individual must answer these questions for his- or herself; however, in order to ensure that human rights are enforced it has become essential that the government take a stand regarding the answer to the aforementioned queries so that it may be known to whom these rights apply. In this essay I will refer to the arguments set forth by pro-life and pro-choice advocates alike, referencing the many podiums from which they stem, and consider case law applicable to abortion and euthanasia. I will also analyse the 18611, 19292, and 19673 Acts and their implications on women's rights, as well as the European Convention for Human Rights. In order to appropriately approach the title statement it is necessary

  • Word count: 4681
  • Level: University Degree
  • Subject: Law
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How would the Human Rights Act help the following situation.

BB says she is fleeing the civil war in Algeria and arrives in the United Kingdom, via France. She is French speaking but says she has family members in the United Kingdom though she does not know where they are. Her estranged step-mother lives in Germany. The UK immigration authorities also discover in her pocket is a three month old ferry ticket from Morocco to Spain in another name. Despite having lodged her asylum claim in the United Kingdom, she faces deportation to France. Examine the various legal strategies under the Dublin Convention (entered into force 1997) and the Human Rights Act 1998 to appeal against the imminent deportation order. Everyone has a right to 'seek and enjoy asylum' from persecution1. BB is fleeing the civil war in Algeria and has arrived in the UK: her claim for asylum will therefore be considered in accordance with the UK's obligations under the 1951 Convention2 and 1967 Protocol: if she satisfies their criteria, she will be considered a 'refugee'3. To return her to Algeria where she faces persecution on account of her race, religion, nationality, etc4, if her fear of this is well founded5, would be in breach of the UK's obligation under the 1951 Convention6, and would impinge on her right to life under Article 2(1) European Convention on Human Rights7. We are told BB is 'French-speaking': French is widely studied in Algeria, but is not

  • Word count: 4590
  • Level: University Degree
  • Subject: Law
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Rape in Warfare and Significance

Introduction During wars it is very easy to violate human rights and human dignity since it involves a lot of conflicts and disharmony. In normal circumstances, wars are deemed as a means to defeat the enemy. Throughout history, communities do celebrate their victory and freedom after emerging victorious in a given war. The reader must be aware of Vietnam war, First and Second World War, War on Terror, and so on and so forth. All these wars had their own repercussions and there are many people today who still go through traumatic conditions either because they suffered violations or because their loved ones suffered unjustly. Some got killed with no apparent reason, some deprived of their families and homes and some getting raped. The issue of rape is central to this study. Rape in warfare is one of the biggest violations of human dignity affecting most women. The most discouraging thing is that it has been used as a way to undermine an enemy. It is just like that gentleman who disagrees with another gentleman and as a way to teach him a lesson, decides to rape his wife or his daughter. By so doing, he believes that he has avenged and has taught his enemy a lesson. Unfortunately, women have been victims during wars where soldiers and paramilitaries gang rape them and what is worse, as a way to undermine the enemy. The mentality has been that women are the inferior beings

  • Word count: 4498
  • Level: University Degree
  • Subject: Law
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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

University of Huddersfield School of Law – Coursework Front Cover and Tutor Feedback Statement __________________________________________________________________________________________________________________ * Name JESSICA VAZQUEZ * Student ID No U1056170 * Module Title CON & AD * Module BFL0001/BIL0029 Code * Module Leader NIC COIDEN * Seminar / Tutorial Tutor NIC COIDEN I confirm that this assignment is wholly my own work unless otherwise clarified and referenced. I confirm that I have read and understood the regulations of the University in the context of academic misconduct. * Signature of student ………………………………………………. * Date: …………………………… Word count: 2089 * Anticipated mark …………… Actual Mark (Tutor) ………… Name of marker…………………………………………….. * Student self-evaluation of coursework (Tick one box for each category before you hand in your work) Tutor evaluation of coursework (for tutor use only) A B C D E F A B C D E F Programme Outcome Excellent Very Good Good Competent/ Acceptable Marginal Fail Clear Fail Excellent Very Good Good Competent/ Acceptable Marginal Fail Clear Fail 1. Demonstrate relevant knowledge of the subject area. X 2. Provide evidence of research by

  • Word count: 4459
  • Level: University Degree
  • Subject: Law
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Lessons for an ASEAN human rights system

International and Regional Protection of Human Rights (LLAW 6072) Written Paper Consider the ways in which the other regional human rights mechanisms could provide suitable precedents for the ASEAN Commission on Human Rights. What form do you think the Commission should take? Introduction There is no doubt that having human rights and a commission written into the ASEAN Charter signals a new dawn in the history of the Association. These are no small steps, given the huge differences in attitudes towards human rights in the region and the Association's strong adherence to the policy of non-interference. Whatever the motivations are for this human rights initiative, ASEAN appears to be compelled by the pressures of globalization to improve their systems of governance and narrow the gap between rich and poor. Without these improvements, the planned economic integration of the region's economies is likely to bring dire consequences which could threaten the very economic survival of the region. The apparent commitment to human rights protection appears to be part of this macro-economic picture. In this paper, I will briefly compare the African, European and Inter-American systems of human rights protection in three areas, namely developmental approaches, sources of law and their form in terms of commissions and courts, their powers and mandate. Examining the experience

  • Word count: 4335
  • Level: University Degree
  • Subject: Law
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Forced Eviction: Is there a Right to Occupy and How Far is it recognised by Human Rights Law?

Forced Eviction: Is there a Right to Occupy and How Far recognised by Human Rights Law?1 Chapter 1 Introduction and Overview to Human Rights In this chapter it is proposes to examine the manner in which Human Rights have developed both from the Common Law perspective such as Magna Carter, Bill of Rights and Natural Justice and in relation to international treaties. To consider how during World War 2 in June 1941 there was the Declaration of St James Palace 2 the philosophy of human rights was developed into the UN Nations declaration3. Ultimately the Charter was established 4and enshrined in the establishment of the United Nations and the International Court. The Universal Declaration of Human Rights was adopted 10th September 19485 . Will consider the shortcomings in the context of enforceability which lead to the adoption of the European Convention on 4th October 19506 due to an acknowledgement of the need for an European instrument and the shortcomings of the Declarations in terms of remedies and from an European perspective seeing the establishment of the European Court of Human Rights 7and other constituent bodies.8 Chapter 2 Human Rights and applicability to Residential Occupancy policy This Chapter will examine in general terms this right and briefly consider how human rights are or have been violated both in the UK and elsewhere. Identifying appropriate learned

  • Word count: 4301
  • Level: University Degree
  • Subject: Law
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