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 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

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  • Level: University Degree
  • Subject: Law
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Human rigths

Human Rights Assessment One The European Convention on Human Rights (ECHR) was drafted with a sizeable input from English lawyers and was ratified by the United Kingdom in 1951. The right of individual petition was recognised in 1966. This meant that before the ECHR was incorporated into domestic law litigants in Britain who had their civil liberties infringed by the state could seek redress in international law where no adequate remedy could be provided by domestic courts. However the European Court of Human Rights (ECtHR) have found on numerous occasions that the positive guarantees of fundamental rights have been violated by the United Kingdom. This has been partly due to the difficulty of considering and developing domestic law with the ECHR. As the ECHR was an international treaty which had not been incorporated by an Act of Parliament it did not have legal effect because of the dualist principles of English law. In Britain Parliamentary sovereignty remained the cornerstone of accountability, as it still does today despite the inception of the Human Rights Act 1998 (HRA). This is in stark contrast to other European countries and America where the rule of law is key. So prior to the HRA there was no indication that Parliament intended to legislate to conform with the rights protected by the ECHR. The use of the ECHR was limited to cases where the law was ambiguous.

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  • Level: University Degree
  • Subject: Law
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Of all the human rights in the European Convention, the right to freedom of expression is the most overrated - Do you agree?

Question 4: 2002 Exam paper "Of all the human rights in the European Convention, the right to freedom of expression is the most overrated. Even when viewed in the abstract, free speech is an uncertain public good, but the way it is protected in the Convention is so riven with qualifications and exceptions as to render it essentially meaningless." Do you agree? Give reasons for your answer. "Article 10 constitutes one of the essential foundations of a democratic society, one of the basic conditions for its progress and development of every man"1 . The Article 10 right of freedom of speech is very broad encapsulating the "the freedom to hold opinions and receive and impart information" with limited interference from the state. The broad application of the term is also extended to what constitutes 'expression', which the Court has taken to mean expression through almost any medium. The Court has been able to apply the article with such width, one could argue, as a result of the safeguards that are built into the article in its second paragraph. It is through these safeguards that the Court can protect the freedom of speech whilst also recognising the special "duties and responsibilities" that arise when dealing with something as potentially powerful as freedom of speech. 2. It shall be contended in this essay that the right of freedom of speech is far from 'overrated',

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  • Level: University Degree
  • Subject: Law
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Aboriginal rights in Canada

Noor Sharif May 12, 2008 HUMR1001 Zaineb Amery The Controversy of Colonization The colonization of the Americas has its attributes as well as its failures. The innovations and technologies of the Americas would most likely have not been available today if it weren't for the settlement of the Europeans. However, one could argue that more damage was done than positive effects. Christopher Hitchens asserts that "it is sometimes unambiguously the case that a certain coincidence of ideas, technologies, population movements and politico-military victories leaves humanity on a slightly higher plane than it knew before. The transformation of the northern part of this continent into "America" inaugurated a nearly boundless epoch of opportunity and innovation and thus deserves to be celebrated with great vim and gusto..." (Minority Report). While Hitchens has some truth to his argument, it is more significant that the negative effects of colonialism outweighed the positive outcome. The lives of aboriginals were distorted and changed overnight, communities of innocent inhabitants were invaded, and the rights of the aboriginals were violated. Hitchens cannot disregard all the suffering that came with colonization. He must also recognize that history could have had a more successful outcome if the indigenous population were included in the new world. North American society developed

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  • Level: University Degree
  • Subject: Law
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In my essay Im going to look what Human rights are and who is entitled to Human rights. I will mainly focus on the declaration of human rights since it is the most recent establishment of human rights.

What are Human Rights? Human rights have always been very controversial. Since the existing of mankind rulers have always set up some kind of human rights to control their citizen or to give them the freedom they needed. But never has freedom been enjoyed that much as in today's western culture. Especially after the declaration of human rights, which tries to give everyone no matter what religion, inheritance or culture they belong too. However on the other hand many people argue that the declaration of human rights in mainly a western concept and shouldn't be imposed on non western countries. In my essay I'm going to look what Human rights are and who is entitled to Human rights. I will mainly focus on the declaration of human rights since it is the most recent establishment of human rights. "Human rights is not a thing but a concept, a way of thinking and making claims about certain events. These claims derive from morals rules and are expressed in legal terms or United Nations dialect." Many people share the have the same view as Stanley Cohen. Human rights only exist in our minds. There is no such natural thing as human rights. Everyone has their own definition of human rights in their own head. So if people have different concepts of human rights how can we know whether one concept is better than the other or if one set of rights are right and another wrong? Some

  • Word count: 1237
  • Level: University Degree
  • Subject: Law
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The common law of defamation is structured around Article 10 of the European Convention of Human Rights, which provides protection for freedom of expression.

Defamation can be defined as a publication of an untrue statement of fact by words that expose them to hatred, contempt, or ridicule; which is likely to make a reasonable and respectable person think less of the claimant.1 Alternatively, tend to make the claimant, "be shunned and avoided and that without any moral discredit on the claimants part."2 There are two types of defamation under English law, libel being a defamatory statement made in writing and films which is in some sort of permanent form. Slander is a defamatory statement made by words of mouth or gesture.3 The common law of defamation is structured around Article 10 of the European Convention of Human Rights, which provides protection for freedom of expression. Article 10 ECHR however is restricted to several derogations in Article 10 (2) ECHR, one of which is the protection reputation.4 This Article requires law in relation to defamation, to draw a balance between freedom of expression and protection of reputation. Whether English law does this is questionable and has been subject to many criticm which will discussed further on. The Defamation Act 1996 exists to protect the reputation and good standing of an individual. The claimant must be able to prove that they have a reputation to which damage can be done and also to show that their reputation has been damaged in order to pursue a successful claim. On

  • Word count: 3031
  • Level: University Degree
  • Subject: Law
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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

Outline the UK Government’s 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. Since 1995 police in the UK have been allowed to indefinitely store DNA profiles of people who are arrested or charged (regardless of the outcome) due to the creation of the government-launched National DNA Database (NDNAD). In February of 2006 the benefits and issues surrounding the expansion of the NDNAD were summarised by the Parliamentary Office for Science and Technology and made available to the public. This subsequently led to a decision being made by the European Court of Human Rights which concluded that there had been a breach of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Practice in England, Wales and Northern Ireland dictated that since 1995, should any individual be arrested for a recordable offence, he or she should have a DNA sample taken and a digital profile stored in permanence on the NDNAD[1], regardless of whether or not they are charged or later acquitted.[2] Whilst many member states in the Council of Europe permit the retention of DNA profiles the United Kingdom was the singular member state which explicitly condoned the systematic retention of DNA profiles in such a manner. In the case of S and Marper Vs

  • Word count: 1968
  • Level: University Degree
  • Subject: Law
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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.

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

  • Word count: 1581
  • Level: University Degree
  • Subject: Law
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Critically consider the extent that 'right to silence' and the privilege against self-incrimination continue to be a part of the English criminal justice system

Critically consider the extent that 'right to silence' and the privilege against self-incrimination continue to be a part of the English criminal justice system. This essay will first explain the meaning of the right to silence and the privilege against self-incrimination and their origins in the United Kingdom. It will then discuss the extent that they continue to be part of the English criminal justice system by focusing on the impact of the Criminal Justice and Public Order Act 1994. The Right to Remain Silent and the Privilege against Self-incrimination The right to silence and the privilege against self-incrimination are often linked together when discussed by legal scholars. However, there is indeed a distinction between them. The right to silence refers to the 'immunity of an accused person from having adverse inferences drawn from failure to answer questions'.1 There are three stages in the criminal process when considering the right to silence. They are to remain silent prior to arrest, for instance, not to speak when stopped by a constable on the street; to remain silent when under arrest, which is not to answer police officers' questions while in custody; and to remain silent at trial, not to give evidence or answer questions.2 The privilege against self-incrimination is the freedom of an individual 'not to divulge information which might be incriminating' and

  • Word count: 2464
  • Level: University Degree
  • Subject: Law
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