...of the Human Rights Act 1998 has impacted upon many areas of tort law. Choose one of these areas and assess the Act’s impact. Traditionally, up to the Human Rights Act 1998 (HRA) for the Convention and the all the individuals living in the United Kingdom had no domestic law.This resulted them to go to the European Court of Human Rights in Strasbourg in order for them to correct the breach of their Convention rights. Thus the domestic law needs to respect the settlement that has been made by the European Court. Surprisingly, the relationship between the Human Right issues and within Tort Liabilities, there is no exact proof that the domestic court has carried out these issues. In the case Reynolds v Times Newspaper Ltd [1999], the plaintiff, a well known public figure in Ireland, began for deformation against the Defendant. This was surrounded with the issue regarding an article being published by the Sunday Times. The article was based on Mr Reynolds that he had hidden important information about his colleague, Mr Whelenhan’s in order for him to become president of the High Court. The main issue that needs to be considered in this case, is whether the courts should identify if it is countable of holding the announcement by a newspaper of political matters. The House of Lords identified that the media’s announcement can be safe by these situation, providing a test of public right. This considers the freedom of expression under the Article 10. In 2002, the Human Rights Act came...
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...guaranteeing the succession and in accordance with civil liberties if performed to their necessary qualities. Section 1 of the Police and Criminal Evidence Act 1984 gives the police constable the jurisdiction to stop and search any person or vehicles for stolen or prohibited articles, providing the constable ‘has reasonable grounds for suspecting that he will find stolen or prohibited articles’. This makes this power rather protractive. This only empowers only a peripheral infringement of individual rights, but not enough which is not protected by the law. However, this might also aid the abuse of power through the reasonable grounds required for the...
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...Nicholas Asemota Globalism Name of organization: The Council of Europe Year founded:5 May 1949 by the Treaty of London. Original Members: Belgium, Denmark, France, Ireland, Italy, Luxembourg, The Netherlands, Norway, Sweden, and the United Kingdom. Original objectives: In 1945, at the end of the second World War, Europe was marked by unprecedented devastation and human suffering. It faced new political challenges, in particular reconciliation among the peoples of Europe. This situation favored the long held idea of European integration through the creation of common institutions. In his famous speech at the University of Zurich on 19 September 1946, Sir Winston Churchill called for a United States of Europe and the creation of a Council of Europe. He had spoken of a Council of Europe as early as 1943 in a broadcast to the nation. The future structure of the Council of Europe was discussed at a specific congress of several hundred leading politicians, government representatives and civil society in The Hague, Netherlands in 1948. There were two schools of thought competing: some favored a classical international organization with representatives of governments, while others preferred a political forum with parliamentarians. Both approaches were finally combined through the creation of the Committee of Ministers and the Parliamentary Assembly under the Statute of the Council of Europe..This vision also led to the creation of the motto and the underlying...
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...The European Convention on Human Rights (ECHR) is an international treaty that drafted by the Council of Europe to promote human rights and fundamental freedom in Europe. The aimed of Council of Europe is to achieve a unity among its member and believed that one of the way to persuade this goal is the maintenance and the further realization of Human Rights and Fundamental Freedom through this convention. The convention is inspired by the Universal Declaration of Human Rights in 1948 that was proclaimed by General Assembly of United Nation. The resulting is The European Convention on Human Rights (ECHR) signed on Rome on 4th November 1950. The implementation of this convention came to force three years later in 1953 and three subsequent institutions were entrusted with safeguarding its workings: The European Commission of Human Rights (1954) The European Court of Human Rights (1959) The Committee of Ministers of the Council of Europe(1). In the European Convention of Human Rights, there are 17 key articles relating to rights and freedoms in the convention outlined in section 1 Article 2-18, which include: • Right to life • Prohibition of torture or inhuman and degrading treatment or punishment • Prohibition of slavery and forced labour • Right to liberty and security • Right to a fair trial • No punishment without law • Right to respect for family and private life • Freedom of thought, conscience and religion • Freedom of expression • Freedom of assembly and association ...
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...EUROPEAN COURT OF HUMAN RIGHTS 608 10.11.2005 Press release issued by the Registrar GRAND CHAMBER JUDGMENT LEYLA ŞAHİN v. TURKEY The European Court of Human Rights has today delivered at a public hearing its Grand Chamber judgment[1] in the case of Leyla Şahin v. Turkey (application no. 44774/98). The Court held: • by sixteen votes to one, that there had been no violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights; • by sixteen votes to one, that there had been no violation of Article 2 of Protocol No. 1 (right to education); • unanimously, that there had been no violation of Article 8 (right to respect for private and family life); • unanimously, that there had been no violation of Article 10 (freedom of expression); • unanimously, that there had been no violation of Article 14 (prohibition of discrimination). (The judgment is available in English and French.) 1. Principal facts The applicant, Leyla Şahin, is a Turkish national who was born in 1973. She has lived in Vienna since 1999, when she left Istanbul to pursue her medical studies at the Faculty of Medicine at Vienna University. She comes from a traditional family of practising Muslims and considers it her religious duty to wear the Islamic headscarf. At the material time she was a fifth-year student at the faculty of medicine of Istanbul University. On 23 February 1998 the Vice-Chancellor of the University...
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...this human right “The UK condemns all instances where individuals are persecuted because of their faith or belief, wherever this happens and whatever the religion of the individual or group concerned.”1 SUMMARY Freedom of religion or belief is a human right whose enjoyment is important to achieving the UK’s strategic priorities, particularly as regards conflict prevention and resolution. It is a sensitive issue in many countries. These guidelines, elaborated with the help of specialist stakeholders, aim to provide a simple introduction to the issues for FCO posts and desks, an analytical matrix to identify problems, some general responses to frequently raised issues, and other resources for those who wish to go deeper into the subject. 1 FCO Human Rights Annual Report 2007, p. 106 1 CONTENTS What is freedom of religion or belief? Paras 2-9 Why is freedom of religion or belief important to the UK? Paras 10-11 What is needed to achieve freedom of religion? Para 12 Vulnerable groups and freedom of religion Para 13 Children and freedom of religion Para 14 Freedom of religion and freedom of expression Paras 15-19 Restrictions on freedom of religion Paras 20 – 25 What problems are Posts most likely to encounter? Paras 26 – 32 How can Posts help to promote freedom of religion? Paras 33 – 38 Regional mechanisms Para 39 Some basic issues and answers Pages 12-15 Annex One – Analysis of right to freedom...
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...Introduction Human beings as a rational animal set laws, rules and regulations which can enable them to maintain the smooth running of their associations and/or states. Members of a given society, however, may violate the law because of political, religious and ideological interests while others can act against it to satisfy their material and emotional needs. In this case, the state has the responsibility and the legal authority to punish the criminal or groups of criminals based on the given law. The punishment of the criminals may vary from simple fines and imprisonment to sever torture and the deprivation of life. Capital punishment or the death penalty has existed as part of the human justice system since ancient times. In these earlier periods people were sentenced to death as a punishment for crimes considered as first degree offenses by the state. These crimes were most of the time political as well as religious and the method of execution, in addition to different brutal ways, was mainly beheading. With additional types of crimes resulting in capital punishment and more sophisticated methods of execution, the death penalty has continued to be practiced in the 21st century. However, capital punishment, especially after the Universal Declaration of Human Rights in 1948, has became an issue of greater debate among states, human right organizations and other nongovernmental organizations. Since 1948, the number of countries employing death penalty is decreasing and currently...
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...the end seek the right to die with dignity, this is a choice to die, which allows the body to speak its end rather than have that end dictated by the voice of an expert, legal or medical” (Hannifin. 2009, p.84) The person who seeks to die is, to paraphrase Foucault, ‘the Passenger par excellence: that is, the prisoner of the passage’ (Foucault. 1967, p.11) The European Convention on Human Rights sets out a number of fundamental rights and freedoms, right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect and family life, freedoms of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to effective remedy, and prohibition of discrimination The Council of Europe produced the European Convention on Human Rights and Fundamental Freedoms in 1950. This body was formed in the aftermath of the Second World War to achieve unity among its members in such matters as the protection of fundamental rights. The Convention was drafted after the atrocities of the Second World War. The Convention was signed by the High Contracting Parties in 1950, and came into force in1953. It was ratified by the United Kingdom in 1957. Article 2 of the Convention for the Protection of Human Rights and Fundamental freedoms protects the right to life.[1] The right to life is the first substantive right proclaimed in the...
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...Success of Human Rights Act Beth Kemunto Institutional Affiliations Table of content Introduction Bringing the rights home Incompatibility declarations Success through HRA Conclusion Bibliography Success of Human Rights Act Abstract This paper tries to vivify the sufficiency with which Human Rights Acts 1998 protects the UK citizens. The paper considers the incompatibility declaration which is a major hindrance to the Human Rights Acts based on Belmarish Detention case. In spite of this limitation, the overall reports and recommendations forwarded on Human Rights Act, it’s vivid that the UK residents are protected by the rights. Introduction After its enactment into UK law on 2nd October 2000, the Human Rights Act 1998 has also incorporated other European Convention Human Rights (ECHR). It is therefore very important to validate the success of the Human Rights Act in the previous decade. This paper thus focuses on the objectives of the HRA to assess the extent of success to which it offers to the UK residents. This essay will focus on the analysis of the case of A and others versus the secretary of State for Home Department (2004) in order to validate the caveat of the declaration of incompatibility. In this case, it is evident that challenge has been poised on the effectiveness of HRA upholding rights as quite fundamental. However, the success of HRA posits concrete evidence that HRA does not protect the rights of UK residents...
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...the Rome Statute in the Explanatory Memorandum. This practice, also known as compulsory sterilization, has been usual during 20th century in several countries like Germany, USA, Japan, Russia, China, South Africa, India… But it is also happening in the 21th century, specifically in Uzbekistan. The Republic of Orosia became a member of the Council of Europe and ratified the European Convention on Human Rights in 1995. To be a valid procedure, it had to be carried out according to art.59 of ECHR. Firstly we have to notice that in this case there is a complaint from an individual against a state. This is possible because it is referred to in art.34 ECHR: “The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto.” However, it is also necessary to look at art.35, because it contains some prohibitions for cases content in mentioned art.34: “The Court shall not deal with any application submitted under Article 34 that...
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...SOCIAL SCIENCES GOVT.POST GRADUATE COLLEGE (W), S/ TOWN, RAWALPINDI APRIL 2014 HUMAN RIGHTS I. OBJECTIVES A. Understand the history and development of international human rights law and how it interacts with the law of war. B. Understand those human rights considered customary international law. C. Understand major international human rights treaties, their scope and application, as well as the Unites States’ approach to human rights treaty law. D. Understand different regional international human rights systems. INTRODUCTION: Human rights law focuses on the life and dignity of human beings. In contrast with most international law, international human rights law protects persons as individuals rather than as subjects of sovereign States. International human rights law exists in two forms: treaty law and customary international law (CIL). Human rights law established by treaty generally only binds the state in relation to persons within its territory and subject to its jurisdiction, and tends to be more aspirational. HISTORY AND DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS LAW: A. As a field of international law, human rights did not fully develop until the years following World War II. The systematic abuse and near-extermination of entire populations by States gave rise to a truly revolutionary aspect of human rights as international law. As sovereigns in the international system, States could expect other States not...
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...EXAMPLE 1 International litigation is often difficult to seize because of different procedures used by States and principles laying down procedures. These principles are related to the judicial conceptions that States have adopted. This point will be adressed latter in this introduction. On the other hand, International Convention, in a general or a specific view in relation to civil and commercial matter are enacted by States in order to uniform and harmonize body of rules applicable to international commercial litigation. For example, Lugano convention harmonized rules in order to determine competence of jurisdiction, or the Convention of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system...
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...provide sufficient protection for the right to protest in the streets The UK has an unwritten constitution and consists of statutes which are laws passed by Parliament. It also consists of conventions which are unwritten practices which have developed over time and common law which is developed by the courts and judges through cases. This makes the law easily amendable and flexible to changes for example the introduction of codified rights of individuals in the Human Rights Act 1998. The UK is a democracy therefore people have the right to freedom of expression and freedom of peaceful assembly, as stated in Article 10 and 11 of the European Convention of Human Rights. The exercise of these rights is necessary in a democratic society as it is in the interest of public authorities, public safety and the protection of the rights and freedom of others. The right to peacefully protest holds great importance as it demonstrates an individual’s freedom to express. However it is crucial that there is a balance between the Convention rights and the power of police to intervene. This essay will firstly address how the European Convention interacts with UK law, secondly it will discuss the rights of public authorities to intervene and lastly conclude whether the UK’s constitution provides sufficient protection for the right to protest in the streets. The ECHR was signed in 1950 in response to the injustices of WW2, the basic idea of these rights emerge from natural law, meaning there...
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...consolation to the aggrieved or his kin that the criminal has been adequately punished. Capital punishment is the ultimate punishment in which life of a criminal is taken away by a legal authority under a process established by the law. International Scenario Although, UN “Universal Declaration of Human Rights” does not say anything explicitly about death penalty, Article 5 of the said declaration prohibits torture or cruel, inhuman or degrading treatment or punishment. Activists have been arguing that death penalty is cruel and inhuman and hence covered under this article. The Second Optional Protocol to the International Covenant on Civil and Political Rights, adopted by the UN General Assembly in 1989, provides for the total abolition of the death penalty except in times of war or imminent threat of war. Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms ["European Convention on Human Rights"] 1982 and The Protocol to the American Convention on Human Rights to Abolish the Death Penalty, 1990 provide for abolishing death penalties except in times of war. Protocol No. 13 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, 2002, provides for the abolition of the death penalty in...
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...THE RIGHTS OF ILLEGAL IMMIGRANTS IN KENYA: LESSONS FROM THE UNITED STATES OF AMERICA. GODWIN KIPKIRUI LANGAT LAW/M/0985/09/12 ABSTRACT Many perspectives have been offered in the academic literature to explain the phenomenon of illegal immigration across the world. Unfortunately, most studies fail to adequately account for the rights of immigrants and how they are being violated. ACKNOWLEDGEMENT CHAPTER ONE 1.0 INTRODUCTION 1.1 Background of Study The purpose of this research is to show all the rights of illegal immigrants and the extent to which they are violated and/or respected in Kenya’s legal system by use of vital lessons from the American legal system. Respecting their rights is important because it shows that we are respecting the rule of law. It is important to note that all people are equal and therefore they should be treated equally without discrimination. People should also be allowed the freedom of movement and also that it should be ensured that the same freedom of movement should be regulated so that it ensures that one single country or state do not suffer the outcomes of immigration. Migration is a fact of life whereby people move to new countries to improve themselves economically and maybe to pursue their educations. Others leave to escape armed conflicts or other violations of human rights. Several statutory laws in Kenya provide means by which certain aliens/illegal immigrants can become naturalized citizens. Immigration law determines who...
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