Omar Khadr and Child Soldiers
Critical Response Child Soldiers' Personal Battles: Enlightening a Perspective of International Justice and Politics through the Cases of Omar Khadr and Dominic Ongwen Wars and conflicts always take the greatest of its tolls among the most vulnerable sectors of society; the children are definitely one of these sectors. Particularly upon the establishment of new war conventions such as the Geneva Convention and the Convention on the Rights of the Child, children are sought to be protected in any form of detriment to their ideal state (Pais n.pag.). Unfortunately, the conventional definitions of children's rights and the barriers it should have set against the potential harmful elements in a child's life are not followed as reverently as it suggests. In a very dramatic and even theatrical description of the current state of children when it comes to wars and conflicts, they are helpless and hopeless. Children in conflict zones are helpless because policy makers and governments appear to grow too comfortable with the existence of these conventions that little work is needed to be done. In a similar way, they are hopeless because children in conflict zones appear to be a mostly affected sector in a comprehensive network of loops- an unbreakable cycle of wars and conflicts. It should be noted that this critical response would not focus on the dramatic and theatric accounting of
SADC, SADC Tribunal and Human Rights
Human Rights, SADC and the SADC Tribunal1 By Tazorora TG Musarurwa LLB, LLM2 Introduction Human rights have become an integral part of our daily lives that it is rather impossible to find a single person who cannot tell you something about what they think human rights are. They have also become such a topical subject that it is no longer plausible to simply dismiss them as a Western phenomenon that has no business in Africa. The history of the Southern African region, like most parts of Africa, has been a call for human rights. In pre-colonial times, the majority of people were denied basic political rights such as those pertaining to voting and fair trials. Black people's movements were restricted by laws. In South Africa, the infamous Group Areas Act of 1950 divided the nation into areas by race and denied people of colour from building homes or establishing businesses in certain areas that were designated as 'white areas'. The region has also witnessed civil wars where the rules of war have taken a back seat and thousands of innocent civilians have been massacred by either of the sides fighting those wars. Furthermore, women have been subjected to a subservient role in their own lives and continue to be subject to the whims and caprices of their male counterparts. There is without doubt an endless list of human rights abuses that have been inflicted on people within
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"
"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" Discuss, using recent caselaw to illustrate your answer. Since the incorporation of the Human Rights Act into UK law, there has been much controversy as to whether the courts have too much input in parliamentary matters. There is also the question of whether the judiciary should not be allowed to exercise this influence since they are not an elected body like the government. This essay will examine the extent to which the courts "control" the constitution, and whether they have removed power from parliament meaning that it is now more legally based. The Human Rights Act 1998 gives greater effect to the Convention Rights which the UK signed in 1953. The vertical aspect of the act means that UK courts can now deal with disputes between the public and the state, instead of having to refer the case to the European Court of Human Rights. The courts have not always had such of influence in parliamentary matters however. The Brind 1991i case illustrates how the Secretary of State was not obliged to take notice of Article 10 of the convention, as it had not officially become part domestic law. Lord Woolf said, in discussion of the effect of making the Convention part of domestic law, "It is already obvious that
Does Article 15 of the European Convention on Human Rights achieve the correct balance between allowing States to tackling situations involving a national emergency and ensuring continued protection of human rights?
ECHR Essay - December 2002 Alexander Korff 000378523 Article 15 - Derogation in time of emergency Does Article 15 of the European Convention on Human Rights achieve the correct balance between allowing States to tackling situations involving a national emergency and ensuring continued protection of human rights? . Introduction The international guarantees for the protection of human rights are of special importance in times of war or national emergencies, as it is precisely then that States will be most likely to deviate from the standards of human rights that would be accepted in times of peace. There are clear reasons why, to give an example, States may require that the period of time for which a person is detained is extended. The interpretation of whether the measures taken were justified at the time and whether the steps taken were 'strictly' necessary and whether a national emergency even exists need to be scrutinised closely by the Courts when overseeing States who have derogated from certain Convention rights. To answer the above question it is necessary to look both at the precise wording of Article 15 and at the way in which that Article is applied by the European Court of Human Rights. In this essay, I will therefore first examine the limitations which Article 15 itself imposes on States - with reference to certain other
What effect does a concern for cultural diversity have upon justifying universal human rights?
What effect does a concern for cultural diversity have upon justifying universal human rights? It is common knowledge in the world over that we now have multi cultural societies, with everyone having different views on what is morally right or wrong, supporting different religions and ideologies. These differences of opinion and differences in society are what makes our world such a richly fascinating and diverse place to be. However in having this cultural diversity, are our human rights less valid and do universal human rights infringe upon cultural diversity, can we justify universal human rights if there is cultural diversity? This is a common concern when talking about universal human rights, and is something that I will be discussing throughout the course of this essay. Firstly it is important to understand exactly what human rights are and who has them. The answer is simple according to philosophy, all persons (a person is defined as somebody who is self conscious) have human rights whether they are aware of it or not. Human rights have been defined by Nickel (1992:561-2) 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
Review of "Alexander Hamilton, American" by Richard Brookshire
Review of "Alexander Hamilton, American" by Richard Brookshire Alexander Hamilton was born as a British subject on the island of Nevis in the West Indies between 1755 and 1757. His father was James Hamilton, a Scottish merchant of St. Christopher. Hamilton's mother was Rachael Fawcette Levine, of French Huguenot descent. When she was very young, she married a Danish proprietor of St. Croix named John Michael Levine. Mrs. Levine left her husband and was later divorced from him on in 1759. Under Danish law, the court ordering the divorce, Mrs. Levine was not allowed to remarry. Thus, Hamilton's birth was illegitimate. Alexander Hamilton had one brother, James Hamilton Jr. Heavy burdens fell upon Hamilton's shoulders during childhood. Business failures caused Hamilton's father to become bankrupt. Soon thereafter, his mother died in 1768. At twelve, Alexander was employed at the counting house of Nicholas Cruger. There, young Alexander served as a clerk and apprentice. At the age of fifteen, Mr. Cruger left Alexander in charge of the business. Early on, Hamilton wished to increase his opportunities in life. This is evidenced by a letter written to his friend Edward Stevens at the age of fourteen on Nov. 11, 1769 where he stated, "my ambition is so prevalent that I contemn the groveling and condition of a clerk or the like,... and would willingly risk my life, though not my
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.
Question: ‘Human rights simultaneously claim to protect freedom of expression and the right to privacy.’ (Clapham, A. (2007) Human Rights: A Very Short Introduction, Oxford, Oxford University Press, p.114) Evaluate this statement using the examples of the law on privacy you have studied in Unit 21. Is the current balance between a right to privacy and a right to freedom of expression appropriate? 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. From the explanations, identification will be made as to why if some of the rights conflict with each other. It will look at the nature of the Human Rights legislation focusing on the laws surrounding privacy and freedom of expression and assess both the strengths and weaknesses of this legal methodology. In order to examine the laws surrounding Human Rights it is first essential to understand what they are and how they have developed over time into the legal framework used to support them. Human rights are those rights that every individual on the planet is entitled to. Human rights are entitled to every individual regardless of race, gender, sexual orientation, disability, age, whether the individual is a criminal or not, working class or social status. These rights are
Is there an easy balance between individual privacy and the public's right to know?
Course: Media Ethics Topic : Private Lives Public Interests. Student: Marie Berbick-Graham Lecturer: Gabriel Apata Is there an easy balance between individual privacy and the public's right to know? There is no easy balance between an individual's right to privacy and the public's right to know. This is because the very nature of what is classified as private is dependent on the individual concerned. The law states that every individual has a right to privacy-the right to be let alone. But to quote Carol Reuss (Controversies in Media Ethics 1999 pg 149) this "partially chartered minefield" does not have a level play ground. There are instances where this right to privacy is "violated" by the media if they believe the issue concerning the individual is within the public interest, i.e. the public has a right to know. Some argue the media should be the sole judges of how their activities impinge on individual right to privacy. However, the issue of privacy and the public's right to know is particularly controversial when it involves public figures or celebrities whom some argue, are voluntarily public and are therefore are not entitled to the same level of privacy as ordinary individuals. The private lives of celebrities and public figures such as politicians, are therefore considered fair game for the media, which attempts to justify such "news" as being in the
Role and Powers of the Scottish Parliament
Role and Powers of the Scottish Parliament Parliament is the highest governmental authority in Britain. The MSP's, elected by the public, are responsible for checking the work of Government. They examine, debate and approve new laws. The main function of the Scottish Parliament is that they hold the Scottish Executive to account through oral and written questions and through scrutiny of its policies within their committees. Parliament introduces new laws on devolved matters by examining, amending and voting on Bills. They debate on important topical issues, conduct enquiries and publish reports. The Scottish Parliament also has the power to raise or lower the basic rate of income tax by up to 3 pence in the pound. Parliament has two main authorities, Devolved and Reserved. "Devolution is the delegation of power from a central government to local bodies"1 Devolved power deals with matters such as health, education and prisons. These issues were previously dealt with by the parliament at Westminster and are now decided in Scotland. Reserved power deals with political decisions. These major decisions are likely to have a considerable impact both within the UK and internationally. They are reserved and dealt with at Westminster in London. Devolution is the delegation of power from a central government to local bodies. Scotland was granted devolution by the passing of the
Parliamentary's Soverignty
Nicole Ann Gaudet Has the Separation of Powers and the Rule of Law in the UK Constitution overshadowed The Doctrine of Parliamentary Sovereignty? Consider the impact of the Human Rights Act 998 and the Constitutional Reform Act 2005. Word Count@1033 without References & Bibliography . PARLIAMENTARY SOVERIGNTY For the purpose of this paper we will assume that Parliamentary Sovereignty in the United Kingdom is the main theory and informative basis of the 'unwritten' constitution and the other two doctrines, the 1Human Rights Act 1998 and the 2Constitutional Reform Act 2005 do not represent any major constraint on the 'uncodified' Constitution. We will argue that both of these assumptions are not necessarily true, though it will be accepted that parliamentary sovereignty is the most important feature of the UK constitution to date and it has transpired over years. The HRA has strengthened many aspects of the rule of law by A.V. Dicey and the separation of powers which in fact is not a 'true separation of powers'. 3 "Constitutional and Administrative Law" 2. THE RULE OF LAW BY A.V. DICEY Rule of Law as historically influenced by A.V. Dicey appears to denote that the powers exercised by government must be founded on lawful authority; non-arbitrary, that citizens should be equal before the law and that the law should be stated very clear to understand by all. 4(The Law