Human Rights and Freedoms
Universal, indivisible and independent, human rights are what make us human. When we speak of the right to life, or development, or to dissent and diversity, we are speaking about the rights of the people who walk down the street every day. Without the rights and freedoms, we can be certain of none. Beginnings of today’s rights started in the period of the Roman Empire. Antiquity has significantly contributed to the development of education and raised the level of life of civilisation. In the first century during the major Rome crises was formed Christianity. Then was gradually formed the Church. Inculcation of the human heart and conscience has been presented in those times by Aurelius Augustinius. We can consider those facts as the idea for the birth of human rights and freedoms. However, the actual first written sources become from 1215 known as Magna Carta. Magna Carta became the basic of English and American law. It forms the fundamental of law of English monarchy. In additional, it established that no one shall be persecuted or arrested without legal appeal. The Act prohibits the king that without the permission of aristocracy, can not declared emergency duty. Magna Carta for the first time in the history limited the power of the monarch towards the subjects. It set the foundation for an individual’s rights development. Traditions of parliamentary debate developed into the concept of balancing the rights and responsibilities of a person, and a society. The need for recognition of human rights is manifest after the Second World War, after Holocaust, after the Nuremberg Trials, and a statute was accepted by the International Military Tribunal in 1945. Since then it has taken a number of documents, whether already by the United Nations, by the Council of Europe, or at various conferences. More than fifty years ago Britain helped to enshrine our basic liberties into the European Convection on Human Rights (ECHR).
At the present we define human rights as, “the authorisation granted to individuals, enabling them to fully use their abilities, intelligence, talent and knowledge to meet their spiritual and other goals and desires. These are so important of dignity and authenticity of human beings that they should be respected by each government. The European Convention of Human Rights in one of the earliest and most important treaties passed by the Council of Europe. The Council is quite separate from the Europe Union. It has own Court of Human Rights in Strasbourg. European Convection consist of sixteen basic rights which describe equal rights and freedoms for everybody by the fact of being human and without distinction of any kind of race, color, sex, language, religion, political or other opinions. However, many people have always suffered from the lack of them throughout history. V skutočnosti, nedostatok ľudských práv má mnoho účinkov na ľudí život. In fact, the lack of human rights has a lot of effects on people lives. Mentioning the history, one of the oldest freedoms is freedom of speech. The major limitation of this freedom is the law of slander, including using insulting language in public. As I said before, Christianity has its origins from the ancient times of the era of the Roman Empire, which means that freedom of religion is also one of those earlier rights. Besides the oldest rights and freedoms is gradually formed even more. Freedom of movement whether freedom of assembly, and others which builds a shape of society. Each of them has their roots anchored in the distant past. The right to free speech is one of the most precious rights an individual has as a citizen. This right gives people the opportunity to speak their mind, ideas and give their opinions of what they think should happen. These rights have been questioned throughout history, and have produced positive but also negative things in a lot of cases. One of those negative...
...What Freedom means to me
The condition of being free; the power to act or speak or think without externally imposed restraints exemption: immunity from an obligation or duty; Freedom. Freedom is a word, which we hear, everyday, but probably have never really taken a second to think what it means to us individually. Born and raised in United States freedom is not so much a privilege but more of a given right, so to me freedom does not really mean much that could all quickly change if it was taken away.
Freedom has different meanings to every different individual, but in general freedom is the inalienable right given to a community or group shaped by the customs and society to which group is raised with. There is an extreme importance of freedom in democracy such as; rule of law, meaning that no one is above or below the law, choice of leader which is the right to be governed by a local assembly, also the freedom to respect others freedom and not infringe on theirs.
The First Amendment in the Constitution grants us four freedoms which our Founding Fathers thought were extremely important to humanity, which are freedoms of; religion, speech, press and assembly. Freedom of speech Americans use everyday, meaning there is no punishment for...
...FreedomFreedom is a concept that refers to many aspects of human life. I believe that is defined as the ability that people have to do or not something, and do it in a way or another. I also believe that is possible to understand freedom as that state in which a man is not being imprisoned or enslaved by another; it is a concept that refers to all aspects related to independence.
This concept is something that has made us think in many ways, because many times, the do what we want, can take us to the wrong path, which may end up making us lose it.
Since the beginning of man to the present humanfreedom has played an important role in it but not the way we wanted to remember. A great example was Egypt; there existed on the banks of the Nile an extreme amount of slaves that contributed to the creation of the same. What I mean is that humanfreedom has been leaving a mark very strong throughout man's existence but erroneously because it is not characterized by the excess of it, on the contrary, is characterized by its absence. Slavery is not a story of the past, it is true that it was practiced more frequently in it but even in our times can be found slaves, this slavery can be accepted or not, for the slave.
There are several types of freedom, among which are the freedom of expression, that is based in that every...
...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...
We will deal with each of these in turn, with reference to international legal instruments and bodies. We will observe first of all how the rights of individuals, although falling outside the province of international law as it was conceived in the1600s, began to seep into the framework of international legal rules over the centuries, eventually coming to prominence during the 'humanrights era' that followed the end of the Second World War. We will consider secondly the various mechanisms that have been put in place by the international community in order to deal with the enforcement and observance of individual rights enshrined in international legal instruments. Lastly, we will critically assess the claim that questions about individual rights should be the sole concern of domestic legal systems.
The scholars who laid the intellectual foundations of international law in the Western world, like Hugo Grotius (1625) and John Locke (1690), all stressed in their writings that legal systems, be they domestic or international, were founded in natural law and commonly accepted standards of (Christian) morality. It may seem surprising, therefore, that for centuries the rights of individuals played no significant role in the framework of international law. International law, as the name suggests, was the body of legal rules governing the relations...
...Humanrights refer to the natural or basic rights and freedoms to which all people are entitled to. Traditionally, the rights and freedoms of citizens were protected by an Act of Parliament or by the judges in developing the common law. Prior to World War II, the convention for the protection of humanright and freedom was drafted in 1950s by the Council of Europe. It was drafted because of disgust with fascism and an anxiety to protect basic freedom. On 1953, it has developed to become an international treaty, which all 47 countries of the continent of Europe are bound by the European Convention of HumanRights and Fundamental Freedoms 1950, also known as ECHR. United Kingdom (UK) was one of the first countries to sign the Convention in November 1950. Although it entered into force in the UK on 3rd Sept 1953, UK chose not to incorporate its terms into domestic law. Therefore UK was only bound to ECHR on the matter of international law and not within the domestic legal system. During 1960s, there are few parties concerned had campaigned for the enactment for HumanRights Act in UK. These parties are the commentators and public interest groups. However, due to several criticisms and the reluctant of UK government to pass such legislation, the HRA did not enact until...
...The incorporation of The European Convention of HumanRights (ECHR) into the domestic law under The HumanRights Act 1998 (HRA) as a first step towards a better protection of rights, Finally, the ultimate question, whether to incorporate or not? The judiciary was ill equipped to assume the mantle of guardian of individual rights in the face of executive power and the concept of parliamentary sovereignty. It concerns over the matter in which ‘incorporation’ will affect the conventional balance power between the judges and the Parliament.
Professor Dicey stated that the Rule of Law(1) required judicial protection of Humanrights and he placed a responsibility on the administration of the country to ensure arbitrariness and inequality was not procured during the governing process. Whether or not UK could submit to this Rule of Law depends on whether judges have been able to protect rights when they faced government’s arbitrariness.
In the absence of a written constitution, the protection of HumanRights had been given little emphasis. The doctrine of Parliamentary Supremacy compels judges to construe and comply with Acts of Parliament when interpreting statutes and there is no rule of construction that requires judges to imply the sanctity of HumanRights into the ambiguously worded...
...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...
...torture is an unacceptable practice.
The aim of this essay is to critically analyse how the Committee against Torture and the HumanRight Committee have both generated a rich jurisprudence on the extent of state obligations related to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment beyond the traditional view of or preventing the use of torture in interrogations.
Torture has received so many international recognition due to its wide use in the Second World War. Torture is clarly defined in section 1 (1) of the Convention against Torture as ‘…any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession’. Other explanation of torture is that it ‘…is intended to humiliate, offend and degrade a human being and turn him or her into a thing’.1
There is a wide record of the use of torture since the history of mankind. For example, in the Roman law, it was customary to apply torture as a way of uncovering the commission of a crime.2 Also, there were reports of torture being permitted in situations where a confession was needed for a punishment in Japanese and Chinese criminal code.3. Also, the United Nations in its Special Rapporteur on torture in 1987 to the United Nations HumanRights Commission, indicated that torture is a common...