...Legal and Ethical Essay
Theresa who is now 24 years old was born with a disability of Cerebral Palsy. She now lives in a residential unit and has always been passionate about arts and performing. She attends a day art program that is run by a major Disability organisation in her local area, the workers from the house assist her with access to and from these activities. Apart of Theresa’s condition is the sudden losses of verbal control and as a result of this, the organisation has decided that Theresa having access to these programs is disadvantaging the other people who also attend this service.
The Act that rules this situation is the Disability Act 2006 which aims to protect disabled people and prevent all disability from discrimination; it provides legal rights for people with disabilities in areas that include: employment, accommodation, buying and renting land property, access to premises used by the public, administration of commonwealth government laws and programs, activities of clubs and associations, sports, education and access to goods, services and facilities. This Act applies to this situation because the organisation is discriminating against Theresa by not wanting to serve Theresa access to the day program for a reason in which relates to her disability.
There aren’t any sentencing...
...Are humanrights innate and universal?
Post WWII on the 10 December 1948, the Universal Declaration of HumanRights (UDHR) was espoused by the General Assembly of the United Nations in order to agree on the notion that such atrocities that occurred throughout the Great War and the Second World War would not ever be reciprocated. The document that was drawn up in less than two years by the UN and Western states, and although ambitious it would guarantee a premise for life and living for every individual all over the world. The UDHR are founded on nobility, equality and reverence, and are said to be aimed at all cultures and religions within the West and East of the globe. However there is great discrepancy regarding the justification and practicality of humanrights all over the world due to political, economic and cultural differences and limitations. Universal means that ‘something’ affects, applies or is completed by everyone all over the world – there is no distinctive bias shown and equal policies are applied. Innate, in relation to humanrights, means that people are given natural rights purely based on the fact that he/she is human and alive. Therefore, are humanrights universal and innate or is the Universal Declaration of Human...
...Humanrights 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 humanrights 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 humanrights 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.
Humanrights law is a subset in the field of humanrights. Humanrights are what define a society; hence the humanrights law takes primacy over all the laws. There is nothing more important than the development of humanrights in an evolving society
Humanrights and criminal law are closely inter - related. My personal interest lies towards humanrights 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...
In 1817, the American School for Deaf was founded in Hartford Connecticut. This was the first school for disabled children in the Western Hemisphere. Although this was not the beginning of the DisabilityRights Movement, it was a start to society, making it possible for people to realize that there were those with disabilities out there in the world and something had to be done. TheDisabilityRights Movement fought for equal access, opportunity, consideration, and basic human respect along with dignity for those born blind, deaf, or anyone with other forms of physical or mental disability. The purpose of social movements is to provide social change regarding a specific issue in which a particular group of people or organization focuses on. Many people believe that the movement began in the 1990's because that is when the Americans with Disabilities Act (ADA) was passed but they are mistaken. The DisabilityRights Movement began in the middle of the 19th century and it gained a lot of knowledge around that time because after the Civil War, many people returned with disabilities and this made the disabled visible into the public arena. The Resource Mobilization Theory is one of the best theories that can be used to explain how the movement acquires and uses...
...HRV1601: HumanRights, Values and Social Transformation
Semester 01/ Assignment 01
The Historical Background and Development of HumanRights
Table of Contents
2) The Development of HumanRights
3) Historical Documents of HumanRights
3.1) The English Bill ofRights (1689)
3.2) The American War of Independence (1775-1783)
4) Developing and Maintaining a HumanRights Culture in South Africa
5) The South African Constitution
6) The South African Bill of Rights
A right is an inherent, irrevocable entitlement held by all human beings from the moment of birth. According to Ndungane (as stated in Slater 2010:19), “A humanright is a right that a human person has simply by virtue of being a human person, irrespective of his or her social status, cultural accomplishments, moral merits, religious beliefs, class membership or cultural relationships”. Basic humanrights are not earned or deserved, and should not be considered a privilege, but an imperative implement for the well-being and peacefulness of...
...Humanrights in Pakistan:-
Pakistan’s humanrights situation is a complex one, as a result of the country's diversity, large population, its status as a developing country and a sovereign, Islamic republic as well as an Islamic democracy with a mixture of both Islamic and colonial secular laws. The Constitution of Pakistan provides for fundamental rights, which include freedom of speech, freedom of thought, freedom of information, freedom of religion, freedom of association, freedom of the press, freedom of assembly and the right to bear arms. These clauses are generally respected in practice. Clauses also provide for an independent Supreme Court, separation of executive and judiciary, an independent judiciary, independent HumanRights commission and freedom of movement within the country and abroad.
Although the government has enacted measures to counter any problems, abuses remain. Furthermore, courts suffer from lack of funds, outside intervention, and deep case backlogs that lead to long trial delays and lengthy pretrial detentions. Many observers inside and outside Pakistan contend that Pakistan’s legal code is largely concerned with crime, national security, and domestic tranquility and less with the protection of individual rights.
In May 2012, President Asif Ali Zardari signed the National Commission for Human...
...slavery, sickness and other arbitrary executions. To prevent such atrocities in the future, there are legal responses and non-legal responses to deal with the contemporary humanrights issues which is genocide.
First of all, legal responses refer to the UN humanright treaties and Genocide Convention that were adopted in 1948 and approved the Universal Declaration of HumanRight (UDHR) by the United Nation.
The Genocide Convention (1948) outlaws genocide, crime against humanity and crime under international law . All participating countries that ratified the convention will be prevented and punished the genocide in the war or a peace of time.
The Declarations defines the civil and political rights ( including the right to life, the right of liberty, and a fair trial) as well as the economic social and cultural rights( including the right to social security and participating in cultural right in one’s community).
In this case, Cambodia was a party that ratified the Genocide Convention on 14.10.1950. It was enforceable where the Senior Leader of Khmer Rouge between1975 -1979 under the definition of Convention. In contradiction, it was enforceable but it could not desist the massacre that happened in the 1975-1979.
Next, Cambodia was ratified the UDHR and International Convention on Civil and...
An environmental impact assessment (EIA) is an assessment of the possible positive or negative impact that a proposed project may have on the environment, together consisting of the environmental, social and economic aspects.
The purpose of the assessment is to ensure that decision makers consider the ensuing environmental impacts when deciding whether to proceed with a project. The International Association for Impact Assessment (IAIA) defines an environmental impact assessment as "the process of identifying, predicting, evaluating and mitigating the biophysical, social, and other relevant effects of development proposals prior to major decisions being taken and commitments made." EIAs are unique in that they do not require adherence to a predetermined environmental outcome, but rather they require decision makers to account for environmental values in their decisions and to justify those decisions in light of detailed environmental studies and public comments on the potential environmental impacts of the proposal.
EIAs began to be used in the 1960s as part of a rational decision making process. It involved a technical evaluation that would lead to objective decision making. EIA was made legislation in the US in the National Environmental Policy Act (NEPA) 1969. It has since evolved as it has been used increasingly in many countries around the world. As per Jay et al.(2006), EIA as it is practiced today, is being used as a...