...HUMAN RIGHTS LAW IMPACT OF GLOBALISATION ON HUMAN RIGHTS TABLE OF CONTENTS Contents INTRODUCTION ..................................................................................................................... 3 RESEARCH METHODOLOGY............................................................................................... 5 CHAPTER 1 GLOBALISATION ............................................................................................. 7 CHAPTER 2 INTERNATIONAL HUMAN RIGHTS LAW ................................................. 10 CHAPTER 3 IMPACT OF GLOBALISATION ON HUMAN RIGHTS............................... 13 Economic Rights .................................................................................................................. 13 Political Rights ..................................................................................................................... 17 CONCLUSION ........................................................................................................................ 21 BIBLIOGRAPHY .................................................................................................................... 23 Articles ................................................................................................................................. 23 Books .................................................................................................................................... 24 Miscellaneous ..........
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...University of London Common Law Reasoning and Institutions Essay Title: ‘The approach of the Law Lords to statutory interpretation has been radically changed by the Human Rights Act. Judges now see themselves as legislating human rights through their interpretation of Acts of Parliament.’ Student Number: 111244061 Candidate Number: 56307 In the English legal system, Statutory interpretation is seen as the way by which judges give meaning to the statutes by the parliament. Even though Judges have a wider choice of options in interpreting statues, the situation is now different after UK’s membership of the European Union (EU) through the European Communities Act (ECA) 1972 and after the incorporation of the European Convention on Human Rights (ECHR) by the Human Rights Act (HRA) 1998. Judges are now bound to interpret the statues in such a way that is compatible with the provisions of EU law according to Sec 2(4) of ECA 1972 and also should give effect to the spirit of the conventions as required in Sec 3 of HRA 1998. Convention jurisprudence now has an significant and straight role to play in statutory interpretation due to section 3 of HRA 1998. The Convention confers a huge number of fundamental rights, including the right to life, the right to liberty and security, and so on. The United Kingdom became a participant to the Convention many years ago but Parliament did not cope with domestic law until 1998, when the Human Rights Act was passed. So the Convention...
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...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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...How successful were Hobbes and Locke in their attempts to justify the existence of Human Rights? In this essay, the main distinctions of Hobbes and Lock’s work will be discussed and how their work contributed to the existence of human rights. Other predominant thinkers, such as Bentham and Marx will be brought in to critically evaluate Hobbes and Lock’s attempts on human rights. Finally a conclusion will be drawn upon these points to state whether Hobbes or Locke was Successful to justify the existence of human rights or whether there were any flaws in their thinking. “Human rights are the rights that everyone has, and everyone equally, by virtue of their very humanity. They are grounded in an appeal to our human nature.” (R.T Vincent, human rights and international relations, page 13). Human rights are a concept that has been constantly evolving throughout human history. They had been intricately tied to the laws, customs and religions throughout the ages. One of the first examples of a codification of laws that contain references to individual rights is the tablet of Hammurabi, which was created 4000 years ago, it is considered barbaric by today's standards, the system of 282 laws created a model for the legal system. This kind of model and legally binding document protects the people from arbitrary persecution and punishment. The...
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...RELIGION CULMINATING – Humans Rights/Freedoms and Natural Law By: Peter Huynh - The two pillars discussed will be human rights/freedoms and natural law Thesis Argument In order for natural law to work, you need human rights/freedoms. Vice Versa. DISCUSSION TOPIC #1 – HUMAN RIGHTS/FREEDOMS - Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible. Example: 1. Everyone has the right to life, liberty and security of person. 2. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Human Rights can also be split up into two types: Normal Rights: can be altered by the law. Legal Rights: cannot be altered by the law in any situation. - Human freedoms are similar to rights except that they are not enforced by the government or UN. It is a concept that is always there no matter what. Example: Freedom of Speech DISCUSSION TOPIC # 2 – NATURAL LAW Natural Law is something that was greatly enforced by Saint Thomas Aquinas. The standard definition for this law is that it is the moral rules found by humankind’s natural ability to think and reason to determine what is good or right. Natural Law: Basics: - is not made by human beings - is based on the structure...
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...An analysis of the Omega Spielhallen v Bonn case Omega Spielhallen v Bonn was a case which was presented before the European Court of Justice (ECJ) and which involved a German firm and German authorities. This case constitutes a good illustration of how European law works and of the interaction between State Courts and European institutions. Also, it was a case of prime importance for Human Rights in the Community since the ECJ ruled that fundamental human rights, whether they arise from the Constitutions of the Member States or from provisions of the ECHC, can limit the freedom to provide services. The firm Omega was producing combat games which gave the users the opportunity to "play at killing" with lasers. The Bonn police saw this activity as a threat to public secturity and prohibited it. However, the firm objected against this provision and the case was brought before the German Federal Court. The main argument of this Court was that the game was an affront to human dignity as guaranteed by the first Article of the German Constitution. However, it decided to refer a question to the European Court of Justice, because the prohibition of 'laserdome' was not compaticle with fundamental freedoms guaranteed by the EC Treaty, such as the freedom to provide services and the free movement of goods. This issue was raised because Omega was buying material to assemble the laser from a British company, which, after this prohibition was 'prevented from providing services' to a...
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...There are always two sides to an issue. One group of people have one idea and another group have a different idea. However, man’s law should trump God’s since men are the ones who experience the law and following God’s law infringes on the rights of those being affected. Especially on the topic of abortion, man’s law of pro-choice creates a healthier and more progressive society that ensures the rights of the individual. The Church, an extension of God, proclaims that abortion should not be allowed. The Catechism outlines, “Human life must be respected and protected absolutely from the moment of conception. From the first moment of his existence, a human being must be recognized as having the rights of a person - among which is the inviolable...
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...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 to interfere...
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...ABSTRACT Human Rights have been of utmost importance from time immemorial .Article 21 of constitution of India presents a widening picture of different latent rights inside it, which are although not expressed in the constitution but they can be easily derived from other expressed rights. The right to privacy presents itself as a demonstration of an elucidatory proficiency of the Indian judiciary as well as a right derived as a corollary of the process of widenening the scope of specifically established fundamental rights. This right lacked the stamp of the Indian judiciary from the honorable Supreme Court of India, the right has been afforded legal recognition following a series of judicial ruling starting from the kharak singh case ....
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...that humans are uncomfortable with the idea that a manufactured thing can simulate our most precious possession, our mind. Therefore they created this argument to give themselves a sense of protection against science. Another argument against this was expressed once again by Rick Dennett who wrote “...every other phenomenon of initially “supernatural” mysteriousness has succumbed to an uncontroversial explanation within the commodious folds of physical science”. Perhaps the best argument at the present time against robotic consciousness is robots are just too simple to have the ability of thought/consciousness. A human brain is composed of billions of parts each with its own function. All these parts rely on another part in order to give the brain a correct response for a certain action. The computing power required in order to simulate a human brain and the sheer capabilities to make a program that could comprehend everyday situations is impossible with todays technology. Whether or not this will ever be possible is beyond this paper. For this papers sake lets say that we were able to create a robot which would be able to surpass even Bladerunner's Nexus-6 robot and would be able to simulate consciousness in every way. It would be able to learn from what it has done in the past, be taught, feel, see, hear, think for itself, and feel empathy. If a machine is indistinguishable in every mental way from a human should that machine be granted the same rights as humans? How...
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...University of Hamburg Summer Semester 2014 The UN Guiding Principles on Business and Human Rights-Introduction, practical relevance and critical analysis Xiaoxiao Ding Master in International Business and Sustainability ABSTRACT: due to the increasingly significant influence of the transnational corporations in industrial and commercial fields in modern society, especially in the spheres of environment and labor protection, more and more cases raised involving their infringements of the international human rights laws. On June 16, 2011, the United Nations Human Rights Council endorsed Guiding Principles on Business and Human Rights, providing guidance for the implementation of the United Nations " Protect, Respect and Remedy" Framework. In the form of " Soft Law", these principles specify what business enterprises should do to respect human rights and how to prevent the violations on human rights. This paper identifies the main idea of these principles, gives relevant practical references and analyzes these principles with a critical perspective. Contents 1. Introduction .............................................................................. 2 2. The development and content of UN Guiding Principles......... 3 2.1 Historical development of UN Guiding Principles ........................ 3 2.2 The main idea of the UN Guiding Principles ................................. 4 2.3 The legal framework of the UN Guiding Principles ...................... 5 3. Practical...
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...HUMAN RIGHTS ACT 1998 The Human Rights Act 1998 (also known as the Act or the HRA) came into force in the United Kingdom in October 2000. It is composed of a series of sections that have the effect of codifying the protections in the European Convention on Human Rights into UK law. All public bodies (such as courts, police, local governments, hospitals, publicly funded schools, and others) and other bodies carrying out public functions have to comply with the Convention rights. This means, among other things, that individuals can take human rights cases in domestic courts; they no longer have to go to Strasbourg to argue their case in the European Court of Human Rights. The Act sets out the fundamental rights and freedoms that individuals in the UK have access to. They include: * Right to life * Freedom from torture and inhuman or degrading treatment * Right to liberty and security * Freedom from slavery and forced labor * Right to a fair trial * No punishment without law * Respect for your private and family life, home and correspondence * Freedom of thought, belief and religion * Freedom of expression * Freedom of assembly and association * Right to marry and start a family * Protection from discrimination in respect of these rights and freedoms * Right to peaceful enjoyment of your property * Right to education * Right to participate in free elections The Human Rights Act 1998 (c 42) is an Act of Parliament...
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...Human rights in today’s world have become pivotal to the functioning of our society as a whole, largely due to the increased occurrences which in turn have led to greater awareness and repudiation of the same in the world community. In present times the human rights field encompasses a broad range of civil, political, economic and social rights which shows its all pervasive nature, and the accountability for the violation of these rights by state and non-state actors alike. The scope of human rights in today’s day and age has thus widened considerably as gradually the individual becomes an end in himself and is recognized as being of primordial concern. Human rights law is a subset in the field of human rights. Human rights are what define a society; hence the human rights law takes primacy over all the laws. There is nothing more important than the development of human rights in an evolving society Human rights and criminal law are closely inter - related. My personal interest lies towards human rights as under the criminal law. Today we see all kinds of crimes being committed- state or non-state, say torture of prisoners, child labour, or most importantly human trafficking. The shock it inflicts on society and more importantly, the fear and divide that is created through the violation of these rights is something which alerts us to the pressing need, as future law promulgators, to take a step forward in helping to curb these dehumanizing crimes. The need for effective and...
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...I. INTRODUCTION The main instruments of International Humanitarian Law (hereafter referred to as IHL) are the four Geneva Conventions of 12 August 19491 for the protection of war victims. These treaties which are universally accepted, protect the wounded, the sick, prisoners of war and civilians in enemy hands. They also protect medical services personnel such as medical personnel, medical units and establishments, and medical means of transport. As a matter of fact this kind of concern for the humanitarian aspect can be found in our ancient epics like the Mahabharata, where the rules of conduct of war as to the timing of attack and the prohibition attacking the unarmed were strictly laid down. The laws of Manu, a compilation of encyclopedic scope, which the British Professor Duncan M. Derrett a known authority on Hindu Law describes as a text "which constitutes India's greatest achievement in the field of jurisprudence" and regards this work as one of the world's premier compositions in ancient law, more valuable in every sense than Hammurabi and able to hold its own in comparison to the covenant and Priestly codes of Moses2 . Manu, while describing the duties of a King, warns against unusual cruelty even against an enemy in warfare, and has this to say, "fighting in a battle, he should not kill his enemies with weapons that are concealed, barbed, or smeared with poison or whose points blaze with fire. He should not kill anyone who has climbed on a...
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...recognized rights is a revolutionary one in many ways. Historically, children have been under the control of their parents. Since children are presumed by law to lack the capacity of adults, they are denied full participation in the political, legal and social processes. In lieu of most rights, children are afforded special protection by the state. Today, however, many consider this control (and the special protection that accompanies it) to be harmful, and even oppressive, to children. The legal rights of the Nigerian child are contained in various municipal laws and international instruments. These laws are based on certain fundamental principles relating to the promotion of human survival, prevention of harm, promotion and sustenance of human dignity and the enhancement of human development. These principles recognize the basic concept that the child is the foundation of the society and he or she assures its continuity. Accordingly, the survival and continuity of the human society depends upon the protection, preservation, nurture and development of the child. The word Right is derived from the Latin word rectus which means correct, straight, right as opposed to wrong. It may also mean in accord with law, morality and justice. As a norm, it may mean that to which a person has just and valid claim, whether it be land, or privilege of doing something or saying something such as the right of free speech. A right in its general sense is either the liberty (protected by law) of...
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