...The Use of Human Dignity in Death Penalty Cases: An International perspective An examination of cases from several jurisdictions that address the legality of the death penalty reveals various uses of the notion of human dignity. In 1972, in Furman v. Georgia, the United States Supreme Court declared all existing death penalty statutes at the time unconstitutional as a violation of the Eighth Amendment prohibiting "cruel and unusual punishment". There was no majority opinion, and each of the five majority members wrote a separate opinion. While three of them based their decision on the arbitrary and discriminatory application of the death penalty in the U.S., Justices Brennan and Marshall based their opinions on the per-se unconstitutionality of capital punishment. Justice Brennan argued that although human dignity is not explicitly guaranteed by the United States Constitution, it is the fundamental concept underlying the Eighth Amendment. In his opinion: "The State, even as it punishes, must treat its members with respect for their intrinsic worth as human beings. A punishment is "cruel and unusual, therefore, "if it does not comport with human dignity". He declared that the severity of capital punishment is degrading to the dignity of a man, and since even the vilest criminals share an inherent dignity, the punishment is unconstitutional. Though in Brennan words human dignity functions as a justification for the Eight Amendment, they seem to illustrate the psychological approach...
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...Journal #3 Human Sexuality In class we discussed the term Sexual Health. I was struck by the notion that I had no real working idea of what this term means. At first, I thought of course it refers to healthy sex. Truly, what I was feeling was I had know real concept of what it means when one refers to the term sexual health. So I decided to research the topic and shed light on my narrow view. Sexual health is a state of physical, mental and social well-being in relation to sexuality. It requires a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having pleasurable and safe sexual experiences, free of coercion, discrimination and violence. When discussing sexual health a number of sexual health concerns need to be addressed with respect to body integrity, sexual safety, eroticism, gender, sexual orientation, emotional attachment and reproduction. Sex refers to the biological characteristics that define humans as female or male. While these sets of biological characteristics are not mutually exclusive, as there are individuals who possess both, they tend to differentiate humans as males and females. In general use in many languages, the term sex is often used to mean “sexual activity”, but for technical purposes in the context of sexuality and sexual health discussions, the above definition is preferred. According to the current working definition, sexual health is a state of physical, emotional, mental and social...
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...Humanitarian intervention has been defined as a state's use of "military force against another state when the chief publicly declared aim of that military action is ending human-rights violations being perpetrated by the state against which it is directed."[1] This definition may be too narrow as it precludes non-military forms of intervention such as humanitarian aid and international sanctions. On this broader understanding, "Humanitarian intervention should be understood to encompass… non-forcible methods, namely intervention undertaken without military force to alleviate mass human suffering within sovereign borders."[2] There is no one standard or legal definition of humanitarian intervention; the field of analysis (such as law, ethics, or politics) often influences the definition that is chosen. Differences in definition include variations in whether humanitarian intervention is limited to instances where there is an absence of consent from the host state; whether humanitarian intervention is limited to punishment actions; and whether humanitarian intervention is limited to cases where there has been explicit UN Security Council authorization for action.[3] There is, however, a general consensus on some of its essential characteristics:[4] 1.Humanitarian intervention involves the threat and use of military forces as a central feature 2.It is an intervention in the sense that it entails interfering in the internal affairs of a state by sending military forces into...
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...I will be reviewing Lynn Hunt’s Inventing Human Rights, in which Hunt focuses on the conceptualization of human rights and the paradox of self-evidence. Hunt introduces her perspective regarding novels as the fuel for a change in political ideas, “The austere Swiss natural law philosopher Jean-Jacques Burlamaqui insisted that liberty could only be proved by each man’s inner feelings: ‘Such proofs of feeling are above all objection and produce the most deep-seated conviction.’ Human rights are not just a doctrine formulated in documents; they rest on a disposition toward other people, a set of convictions about what people are like and how they know right and wrong in the secular world” (Hunt 27). Especially in the eighteenth century, novels were a way to escape from the everyday and dive into a character. It is only natural, then, that the reader begins to project themselves onto the...
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...corporate responsibility to avoid doing business in countries that are undemocratic, violate human rights, or permit exploitative work conditions even if it benefits those employed by Walmart in that country. In order to understand the reasons why Walmart should care about doing business in undemocratic countries where human rights are constantly being violated, several factors must be taken into consideration. Firstly, the definition of corporate and social responsibility must be clearly realized. Next, there should be thorough comprehension of corporate law and international corporate law in relation to human rights. Another point to identify to realize Wal-Mart’s responsibility is the efforts that have been made by the corporation in the issues of humanitarianism; in this we will identify cases, which will illustrate the corporation’s record when it comes to human rights. As a corporation founded in one of the democratic countries in the world as well as a major player in international organizations such as the United Nations, Wal-Mart as an entity has a moral responsibility to adhere to human rights law and protecting the citizens of so called “undemocratic countries.”, Corporate responsibility is defined as “duty and rational conduct expected of a corporation; accountability of a corporation to a code of ethics and to established laws” (Dictionary.com.) but in this case, the definition of Corporate Social Responsibility will be addressed. According to the Business Dictionary...
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...Health as a Human Right Kathryn Dorley University of New England Health as a Human right to me is defined as a right and not a privilege. There are many Americans who struggle daily with healthcare. Nearly 46 million Americans are uninsured (Jenkins, 2008). Millions more are unable to meet their medical expenses despite having insurance (Jenkins, 2008). Research conducted in 2007 shows that in a survey 89 % of Americans agreed that healthcare should be considered a human right (Jenkins, 2008). Through college experience, work experience, and research, I have gained a better understanding overtime of Health as a Human Right. Growing up my understanding of health, was just going to the doctors and getting a checkup to see if I was “healthy”. My first experience I can remember knowing health was so much more than a simple cold was when my Grandmother was diagnosed with Alzheimer’s; I was 11. I never fully understood the disease until high school when I did my senior project on what it was and how it affected the body. At this point I assumed Health was just diseases that affected the body and could be cured with medicine or treatment. This was because I formed my parent’s opinion. Health in high school was more geared towards physical rather than mental. Freshman year in college I started to formulate my own opinions and understanding on the concept of health and how it is all encompassing. I began to learn that health was so much more than a cold and...
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...certain than the fact that time never stops. Long after every person alive today draws his or her last breath, the plant Earth will continue to turn and with every turn, the human race will continue progress in its pursuit of knowledge. Each day brings the human race one step closer to a brighter, more vibrant future. In the past seventy years, the human race has made tremendous strides in a plethora of fields. Within this plethora of flourishing fields lies the field of human rights. Since 1945, the field of human rights has prospered so rapidly that present day human rights differ immensely from the human right laws of 1945. The definitions and institutions of human rights have evolved so greatly that a whole new world has opened up. Through decades of determination as well as struggle, these definitions and institutions of human rights have made vast advances towards the inclusion of basic human rights to all. Between the United Nations, nongovernmental organizations, and citizens of our world, the fight for equality has brought about a successful change. The concept that every person is entitled to certain, inalienable rights simply by the virtue of their humanity is relatively new. The year of 1945 marks not only the historical end of World War II, but it also indicates the propulsion of human rights into the universal scale. The combined extermination by Nazi Germany of over 11 million Jews, Gypsies, communists, Polish, homosexuals, and mentally and physically disabled...
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...“SOLD IN WAR: Women Trafficking and Armed Conflicts Introduction: A universal attribute of any society, tribe, or nation is its capacity and obvious willingness to wage wars. Whether or not to vanquish, to colonize, to protect, to develop, or to with ease set up a symbolic superiority, a nation’s use of military actions performs an primary function within the definition of that nation’s identification. Whatever the marketed purpose of a war, nonetheless, it is finally a social occasion that regularly allows for the dying and suffering of each warring parties and civilians and for the exploitation of thousands of men and women, children and adults on a grand scale. The chaos and turmoil of wartime seems to carry out the worst qualities in human beings. In an article published in the University of St. Thomas Law Journal it highlights that a major tenet of the laws of war is that “civilians, and women and children in particular, are to be protected from the trials and suffering of war to the fullest extent possible”. Therefore, it is ultimately the task of each military and its members to make sure their behaviors are consistent with the specifications in International Humanitarian Law (IHL). Even though the complete avoidance of civilian deaths and suffering is not realistic, it is the responsibility of an armed force to not intentionally target civilians and to consider operations in terms of the concepts of distinction, military necessity and proportionality. By their very nature...
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...Euthanasia: “The Right to Die” The essential right that can assist today to every human being is life, but when turns out to be affected by a few deplorable conditions of health, which they take the one who endures them to meet in a situation in which there turns out to be imprisoned in an intensive care unit, of which it is not known if it will go out, where its existence is in the tightrope, where it can exist an irreversible exit, where the existence will depend in the future of extraordinary means, connected to machines like the artificial respirator, it is necessary to ask if the life is looking after or prolonging the agony that can take us to the death. Below I will discuss the definition of Euthanasia, some aspects to take for a possible approval, and finally i will discuss some of the points in favor and against euthanasia. For all practical purposes i will take as a definition of euthanasia the following: a patient's right to decide on the form and the time of his death., this within a short definition, but you are looking for the sole purpose the rid a person of their intense suffering, a merciless agony they endure as a result of a serious illness and incurable (for example, some types of cancer, or AIDS). The above mentioned illness or the condition must have been diagnosed sufficiently, so that its irreversibility characteristic, it is such, that determines the death as something inevitable. Within the same definition, the concept of patient, such as the human being who...
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...choice or right to do as they desire. Will this debate ever stop? Probably not, but could there be a possible common ground? Maybe. Even though I am not the one to suggest this solution, but I plan to discuss my belief, pro-choice, and its strengths and weaknesses. To begin, under the law we all have equal liberty for what is permitted, abortion being one of those permissions or rights. As a positive and commonly agreed on approach, all woman as have rights. These rights guarantee that a woman can...
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...Criticisms and Reforms – General Defences The current law regarding general defences is extremely unsatisfactory. There are numerous problems with both the definitions of the defences and their operations. The first defence I am going to discuss is insanity then followed by consent. * The definition of insanity is said to be “medically irrelevant” as the definition has not advanced since 1843, even though the Royal Commission on Capital Punishment received evidence from doctors that the definition regarding insanity was “obsolete and misleading” it is also particularly obscure as the rules do not distinguish between defendants who pose a danger to the public (the main purpose for the defence) and those who do not. Many would be shocked to see epilepsy and diabetes fall under insanity alongside with dangerous mental disorders. Lord Bramwell stated “the present lays down such a definition of madness that nobody is hardly ever mad enough to be within it.” The Law Commission recommended for diminished responsibility that a reform should be made and that the definition should be modernised to take into account advances in medicine and psychiatry. They proposed the term ‘recognised medical conditions’ should be used as it is more flexible and allows room for medical developments. I believe that both of these reforms for diminished responsibility should be used and also applied for insanity. I believe it will help improve the current law as it will be much more flexible allowing...
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...commonly accepted definition of a crime is that it is any act or omission, which results in a punishment. Under this definition, public gum-chewing would become a crime as soon as the Parliament passed the law in question. Since this crime is a minor criminal act, it would be classified as a misdemeanor and not as a felony. 2. Since most of crimes fall into either a category of property crimes or violent crimes, we can intuitively understand why law prohibits certain acts. They represent danger for the public, as they can result in injury or damage. A crime of chewing a gum in a public place can be hardly justified with the same logic. The act is not particularly dangerous and, at worst, it can annoy other people (yet, society could not function properly if all irritating actions would be classified as crimes). A purpose of legislators could be keeping streets cleaner – many chew gums are spitted on the floor – but in that case, littering itself should be punishable, not merely the act of chewing. 3. Members of Parliament are elected in order to make new legislation, which can cover virtually any matter, as long as the law complies with the Spanish Constitution. However, decisions of the Parliament are democratically legitimate only if they reflect the will and opinion of the majority of population (in this case, it is hard to see why public would believe that public gum-chewing is a crime). 4. Article 10 of the Spanish Constitution states that the human dignity and the...
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...social revolution, the main goal may be securing more human rights, but how are human rights defined? Since there is no clear cut definition for these rights throughout history, it can be hard to say when they are violated or when they are respected. Human rights may be defined differently by people from different backgrounds, different classes, different countries, or even in different revolutions. Latin America in particular has faced numerous social revolutions, as well as military dictatorships, so the issue of human rights is a highly important topic in the region. Human rights in Latin America, however, seem to have different definitions based on the historical times, as evident through the eyes of Emiliano Zapata in the time of the Mexican Revolution, Julián the Turk in the time of Argentina’s Dirty War, and a female...
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...The Human Rights Act of 1998 has come under fire from many who believe the U.K would be better off without the Act; it is at times much too stringent in regards to the courts, and there is the feeling amongst critics that it is yet another entity which takes away from the concept of sovereignty that the U.K enjoys. This then makes it the topic of considerable debate and controversy; the extent to how controversial the HRA really is however is up for debate. One of the main facets of the HRA which fuels controversy is the fact that the Act is enforced by an external court in the form of the ECHR. This has proved to be controversial as due to this the judiciary or government not having full control of enforcement of the Human Rights Act and subsequent interpretations of cases coming under the Act, which has in turn produced some fairly controversial cases, perhaps most notable of which includes the case of Learco Chindamo. Chindarmo was a schoolboy who at 15, murdered headmaster Phillip Lawrence outside the gates of his school in the U.K; problems ensued when it arose that under the HRA, Learco could not be deported to his home country of Italy, firstly as he had resided in Britain for over 19 years (the deportation attempt occurred in 2007) and that if all else failed, he could appeal to his human rights, under the Article 8 ‘right to family life’. This was obviously a case of great debate as it featured a supranational body in the ECHR coming into direct conflict with the whims...
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...people living with mental health problems involve human rights. However, there is little information available about human rights and how they relate to mental health. Too often, a person may not realise that they are able to do something about their situation, or even that there is something wrong with the way they are being treated. It is therefore vital that people living with mental health problems are able to access information about their human rights and challenge bad treatment. {BIHR, 2006, P.4}. What are Human Rights? * They belong to everyone. * They are based on principles of fairness, equality, dignity, and respect. * They are about how public authorities – including the Government, hospitals and social services – must treat you. * They prevent authorities from doing certain things to you, like treating you in a degrading way. * They also sometimes force authorities to take certain actions, like taking steps to protect your life. * They were first legally defined by international agreement after the horrors of the Second World War. * Since the Second World War, there have been many different international human rights agreements. * One of the most important human rights agreements is the European Convention on Human Rights. The basic rights and freedoms, to which all humans are entitled, often held to include the right to life and liberty, freedom of thought and expression...
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