Law: the expert view - Human Rights Act
Human Rights
Rights are considered to be a central topic throughout the history of politics. The status of a right focuses on the idea that a person can both stand on his own right and to require others having a duty bound to respect it. This means, for example, that when a person possesses his own right to privacy, he has a claim right which others are duty bound to respect it. However, it is argued by theorists that rights and responsibilities are positively related to each other, as both are familiar as Tom Paine asserted that a “Declaration of Rights is a declaration of Duties”. Whatever, a right has a man, is also the right for another, and it becomes a duty to guarantee and possess. The rapid development that has the biggest effect on the United Kingdom today and on international human rights has been the European Convention for the Protection of Human Rights and Fundamental Freedoms.
To begin with, it is significantly important to clarify that there is a basic difference between the European Convention of Human Rights and the Human Rights Act 1998. The European Convention of Human Rights is a convention which was formed in 1950, with the aim to protect the rights of all people over the member states of the Council of Europe. The main purpose of the convention is to oblige and enable governments to respect the human rights of individuals but also supporting and helping them. Under S. 7 of the Convention, a person is allowed to bring proceedings against a public authority which was proposed to act in a way which is contrary to the Convention “in the appropriate court or tribunal”. In order for a person to use the Convention, it must be a “victim”. Because according, to the European case Law must be directly or indirectly affected by the alleged infringement of the Convention.
The Human Rights Act regarding discrimination against women involves issues of reproductive rights, equal pay and any form of exploitation of women. Gender discrimination primarily focuses on women, and is supported by the United Nations Convention on the Elimination of All Forms of Discrimination against Women.
CEDAW
There currently 98 countries and 186 parties that are signed into this treaty. The United States in not signed onto this international treaty for the protection of women.
Reproductive Rights
The ACLU is an advocate for human rights with regard to a woman's ability to choose when and how to raise her children. The group works to remove discriminatory policies that adversely affect women of color in regard to family relationships.
Equal Pay
Discriminatory business practices that involve pay scale or merit promotions can be either related to males or females. Gender discrimination with regard to employment and human rights also encompasses the issues of gay and trans-gender individuals.
Violence against Women
"(Everyday in the U.S.)...averages of 630 women are raped or sexually assaulted, and averages of three women are murdered by an intimate partner," according to a report by the ACLU. Protections for survivors of domestic violence are not currently upheld by the federal government.
Decision-making
Human rights for men and women include equal access to public service, access to education and information, as well as full partnership in the family and society.
Since the implementation of the European Convention on Human Rights 1950 (ECHR) in domestic law in the form of the Human Rights Act 1998 (HRA 1998), the law of social security amongst other legal disciplines has been subject to legal reform and a number of ‘test cases’ in recent times.
Human rights vis-à-vis social security is one major aspect affecting and influencing judicial activism.
This essay endeavours to investigate the challenges that the HRA 1998 has posed on domestic social security. My reading will examine the most significant aspects apropos social security provisions and the challenges that they face in light of pluralist human rights law and will cross-examine academic views and texts.
I. The Challenges faced by the HRA 1998
Domestic legislation thus far has consisted of the Social Security Contributions and Benefits Act 1992, Social Security Administration Act 1992 and the Social Security Act 1998. Since the adoption of the HRA 1998, the ECHR has to be incorporated into domestic legislation in so far as possible to do so. Whilst, the legislation in place is fairly commensurate, it does not provide an adequate framework of security law. Instead, social security law is often contained in special regulations as opposed to Acts of Parliament.
Values and Human Rights
Values, human rights and morality are so intertwined such that you can not talk about one without touching the other. In this assignment special attention should be on how values are related to human rights in education, interdependence of values and morality and the levels and stages of moral development in a typical person as explained by Lawrence Kohlberg. Understanding due to the impact of the relatedness of values, human rights and morality in education.
1. The interrelatedness of values and human rights in education
Firstly we have to understand what the meaning of values and human rights is before we can relate them. When we talk about values we mean the desirable qualities of character such as honesty, justice, respect, and altruism e.t.c. values are, therefore, the moral aspiration which South Africa should regard as desirable. The aim of values is that they should develop the quality of national character.
When we talk about human rights we are talking about the basic rights everyone has, simply because they are human. They do not have to be earned and they are not privileges which anyone gives to you. Instead, you have them from the moment you were born, because they are rights, they cannot be taken away from anyone by the government (although they can sometimes be limited).
Interrelatedness
Inculcation of human rights and values must be done through schools. Values and human rights are interrelated. You can not speak about human rights and yet does not take values into consideration. The following are the examples to show how values and human rights are interrelated.
a) Everyone has the right to basic education. Teachers have to show interest in their job of teaching by being ready to teach and learners also must be ready to learn.
b) Everyone has the right to personal security. Teachers and learners should not abuse one another either verbally, physically or sexually.
c) Everyone has the right to dignity.
d) Community and society
International Human Rights
Not to study Human Rights Act only from international documents like treaties or cases but to try to approach this field from its implementation levels.
Human rights are implemented mostly on national grounds for the moment. They remain based on national implementation and this is why there are so many differences in terms of effectiveness. We will try to compare different national experiences implementing human rights with the intent to search for convergences and differences. The idea is to evaluate the level of globalisation of human rights today.
There is a debate opposing the universality of rights to the notion of cultural relativism (for example the notion of Asian values). China is trying to promote the vision that human rights do not correspond to their culture and that it should be judged according to these criteria.
1 I- The consequences of globalisation
Nowadays we are obviously touched by some elements of globalisation. The conception of human rights has been developed in Western countries but they can be recognised in other parts of the world. For example in the 2000s, Iran recognised the right to be defended. Indeed, in some countries the government is not democratic yet but some rights are recognised even if not implemented.
A French man who had raped a girl in Thailand was not prosecuted in Thailand but in France : this is what globalisation can bring to human rights. This create an idea of solidarity to make these human rights more respected. In this matter, the State is very important : not only it is sometimes a passive element but also an active and productive actor in human rights.
Paradox : although the modern State is a major threat to human rights, it is also an essential institution for the protection and implementation of those same rights. The worst situation is finally the one of the state-less people.
Links:
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Law in India Law Education is the education gained by individuals to become legal practitioners.
Indian law ICPL - A business-to-business Internet provider of research modules relating to Indian legal, tax and regulatory issues and their services offered to users on the net.
Cyber Laws India Cyber Law in India, Cyber Law Cases India, Cyber Crime, Fraud Prevention, Phishing, Internet Law, lawyers, Crime advocates, Contact Mr.Vivek Tripathi
Lawyers In Brisbane E-Brief helps to Find a Lawyer, Law Firms for Legal Advice and Services in Sydney, Brisbane, Perth and Melbourne. Submit Proposal for Legal Advice from suitable Lawyers for Individuals, Businesses and Corporate Clients.
Killeen Divorce Lawyers Killeen Divorce Lawyers at Weaver & Williamson. It is a Law Firm based in Killeen Tx specializing in Divorce, Custody Cases and Family Law.
Orange county probate lawyer Dwight Edward Tompkins is an Estate Planning attorney practicing in Orange County, California. For more information on this lawyer’s law
firm click here.
Legal Video Services The power of video used during litigation can be very significant in providing visuals not otherwise represented in the Court room. The elements of pain, suffering, mental fatigue, and future medical costs often are the most difficult aspects of a case for legal counsel to visualize. Nothing captures that in a more profound way than legal video.
wills and estates lawyers toronto : David Brooker limits his practice to several areas of civil litigation, prides himself on personal service to his clients and effective advocacy for those he represents in the courts of Ontario, as well as in administrative tribunals and other dispute resolution boards.
York Lawyer The York Pennsylvania Choice For Attorneys. Criminal, Family, Wills, Bankruptcy, Juvenile, Personal Injury, and more...
Title Tag (optional): Lawyers in York PA
Rights are considered to be a central topic throughout the history of politics. The status of a right focuses on the idea that a person can both stand on his own right and to require others having a duty bound to respect it. This means, for example, that when a person possesses his own right to privacy, he has a claim right which others are duty bound to respect it. However, it is argued by theorists that rights and responsibilities are positively related to each other, as both are familiar as Tom Paine asserted that a “Declaration of Rights is a declaration of Duties”. Whatever, a right has a man, is also the right for another, and it becomes a duty to guarantee and possess. The rapid development that has the biggest effect on the United Kingdom today and on international human rights has been the European Convention for the Protection of Human Rights and Fundamental Freedoms.
To begin with, it is significantly important to clarify that there is a basic difference between the European Convention of Human Rights and the Human Rights Act 1998. The European Convention of Human Rights is a convention which was formed in 1950, with the aim to protect the rights of all people over the member states of the Council of Europe. The main purpose of the convention is to oblige and enable governments to respect the human rights of individuals but also supporting and helping them. Under S. 7 of the Convention, a person is allowed to bring proceedings against a public authority which was proposed to act in a way which is contrary to the Convention “in the appropriate court or tribunal”. In order for a person to use the Convention, it must be a “victim”. Because according, to the European case Law must be directly or indirectly affected by the alleged infringement of the Convention.
The Human Rights Act regarding discrimination against women involves issues of reproductive rights, equal pay and any form of exploitation of women. Gender discrimination primarily focuses on women, and is supported by the United Nations Convention on the Elimination of All Forms of Discrimination against Women.
CEDAW
There currently 98 countries and 186 parties that are signed into this treaty. The United States in not signed onto this international treaty for the protection of women.
Reproductive Rights
The ACLU is an advocate for human rights with regard to a woman's ability to choose when and how to raise her children. The group works to remove discriminatory policies that adversely affect women of color in regard to family relationships.
Equal Pay
Discriminatory business practices that involve pay scale or merit promotions can be either related to males or females. Gender discrimination with regard to employment and human rights also encompasses the issues of gay and trans-gender individuals.
Violence against Women
"(Everyday in the U.S.)...averages of 630 women are raped or sexually assaulted, and averages of three women are murdered by an intimate partner," according to a report by the ACLU. Protections for survivors of domestic violence are not currently upheld by the federal government.
Decision-making
Human rights for men and women include equal access to public service, access to education and information, as well as full partnership in the family and society.
Since the implementation of the European Convention on Human Rights 1950 (ECHR) in domestic law in the form of the Human Rights Act 1998 (HRA 1998), the law of social security amongst other legal disciplines has been subject to legal reform and a number of ‘test cases’ in recent times.
Human rights vis-à-vis social security is one major aspect affecting and influencing judicial activism.
This essay endeavours to investigate the challenges that the HRA 1998 has posed on domestic social security. My reading will examine the most significant aspects apropos social security provisions and the challenges that they face in light of pluralist human rights law and will cross-examine academic views and texts.
I. The Challenges faced by the HRA 1998
Domestic legislation thus far has consisted of the Social Security Contributions and Benefits Act 1992, Social Security Administration Act 1992 and the Social Security Act 1998. Since the adoption of the HRA 1998, the ECHR has to be incorporated into domestic legislation in so far as possible to do so. Whilst, the legislation in place is fairly commensurate, it does not provide an adequate framework of security law. Instead, social security law is often contained in special regulations as opposed to Acts of Parliament.
Values and Human Rights
Values, human rights and morality are so intertwined such that you can not talk about one without touching the other. In this assignment special attention should be on how values are related to human rights in education, interdependence of values and morality and the levels and stages of moral development in a typical person as explained by Lawrence Kohlberg. Understanding due to the impact of the relatedness of values, human rights and morality in education.
1. The interrelatedness of values and human rights in education
Firstly we have to understand what the meaning of values and human rights is before we can relate them. When we talk about values we mean the desirable qualities of character such as honesty, justice, respect, and altruism e.t.c. values are, therefore, the moral aspiration which South Africa should regard as desirable. The aim of values is that they should develop the quality of national character.
When we talk about human rights we are talking about the basic rights everyone has, simply because they are human. They do not have to be earned and they are not privileges which anyone gives to you. Instead, you have them from the moment you were born, because they are rights, they cannot be taken away from anyone by the government (although they can sometimes be limited).
Interrelatedness
Inculcation of human rights and values must be done through schools. Values and human rights are interrelated. You can not speak about human rights and yet does not take values into consideration. The following are the examples to show how values and human rights are interrelated.
a) Everyone has the right to basic education. Teachers have to show interest in their job of teaching by being ready to teach and learners also must be ready to learn.
b) Everyone has the right to personal security. Teachers and learners should not abuse one another either verbally, physically or sexually.
c) Everyone has the right to dignity.
d) Community and society
International Human Rights
Not to study Human Rights Act only from international documents like treaties or cases but to try to approach this field from its implementation levels.
Human rights are implemented mostly on national grounds for the moment. They remain based on national implementation and this is why there are so many differences in terms of effectiveness. We will try to compare different national experiences implementing human rights with the intent to search for convergences and differences. The idea is to evaluate the level of globalisation of human rights today.
There is a debate opposing the universality of rights to the notion of cultural relativism (for example the notion of Asian values). China is trying to promote the vision that human rights do not correspond to their culture and that it should be judged according to these criteria.
1 I- The consequences of globalisation
Nowadays we are obviously touched by some elements of globalisation. The conception of human rights has been developed in Western countries but they can be recognised in other parts of the world. For example in the 2000s, Iran recognised the right to be defended. Indeed, in some countries the government is not democratic yet but some rights are recognised even if not implemented.
A French man who had raped a girl in Thailand was not prosecuted in Thailand but in France : this is what globalisation can bring to human rights. This create an idea of solidarity to make these human rights more respected. In this matter, the State is very important : not only it is sometimes a passive element but also an active and productive actor in human rights.
Paradox : although the modern State is a major threat to human rights, it is also an essential institution for the protection and implementation of those same rights. The worst situation is finally the one of the state-less people.
Links:
funfotoz
Law in India Law Education is the education gained by individuals to become legal practitioners.
Indian law ICPL - A business-to-business Internet provider of research modules relating to Indian legal, tax and regulatory issues and their services offered to users on the net.
Cyber Laws India Cyber Law in India, Cyber Law Cases India, Cyber Crime, Fraud Prevention, Phishing, Internet Law, lawyers, Crime advocates, Contact Mr.Vivek Tripathi
Lawyers In Brisbane E-Brief helps to Find a Lawyer, Law Firms for Legal Advice and Services in Sydney, Brisbane, Perth and Melbourne. Submit Proposal for Legal Advice from suitable Lawyers for Individuals, Businesses and Corporate Clients.
Killeen Divorce Lawyers Killeen Divorce Lawyers at Weaver & Williamson. It is a Law Firm based in Killeen Tx specializing in Divorce, Custody Cases and Family Law.
Orange county probate lawyer Dwight Edward Tompkins is an Estate Planning attorney practicing in Orange County, California. For more information on this lawyer’s law
firm click here.
Legal Video Services The power of video used during litigation can be very significant in providing visuals not otherwise represented in the Court room. The elements of pain, suffering, mental fatigue, and future medical costs often are the most difficult aspects of a case for legal counsel to visualize. Nothing captures that in a more profound way than legal video.
wills and estates lawyers toronto : David Brooker limits his practice to several areas of civil litigation, prides himself on personal service to his clients and effective advocacy for those he represents in the courts of Ontario, as well as in administrative tribunals and other dispute resolution boards.
York Lawyer The York Pennsylvania Choice For Attorneys. Criminal, Family, Wills, Bankruptcy, Juvenile, Personal Injury, and more...
Title Tag (optional): Lawyers in York PA