My assignment will be a discussion about Article 6 (Right to a fair trial) of the HRA 1998. I will explore the article and define it in detail. I will explain why this article is particularly important for a Police officer/Investigator dealing with an offender from the beginning of a case until a court appearance. Furthermore I will discuss the possible consequences if the Police officer/Investigator fails to comply with Article 6. Article 6 (the right to a fair trial) has been developed over centuries, originally copied from sources such as the “Magna Carta, the 1689 Bill of Rights and the common law.” (Fair Trial, 2014) But is now Article 6. Article 6 derived from the European convention on Human Rights. The European Convention on Human Rights is an international treaty to protect human rights and fundamental freedoms in Europe and was signed in Rome (Italy) on 4 November 1950 by 12 member states of the Council of Europe and entered into force on 3 September 1953. Article 6 was created during the aftermath of World War Two, when motivated by the Universal Declaration of Human Rights. The universal Declaration of Human Rights “proclaimed by the General Assembly of the United Nations on 10th December 1948;” (Rights) It was thought to be a wider response of the Allied Powers in distributing a human rights agenda, in the hopes that the violations of human
Human rights are protected under Australian law in three key ways; statute law, the constitution and common law. It could be argued that if Australia adopted a bill of rights, human rights would be more clearly defined, consistent in all states and territories and more easily understood.
a) Natural right- this refers to the right that an individual has from nature. Such a right is not given by anybody to the person. It is a right that comes naturally for the person. An example is a right to life. This is a right that everybody has naturally. Since this right comes naturally, for those who believe in God say that it is God given right, it should not be taken away from the owner. It should be left to go by itself. Taking away this right is violating the right of the person. For example in Pakistan, the natural right to life of a seven-month pregnant woman was violated by her parents when they cut off her throat thus killing her. The report says that a pregnant
Eva Brems, 'Enemies or Allies? Feminism and Cultural Relativism as Dissident Voices in Human Rights Discourse.' (1997), Human Rights Quarterly.
All people are entitled to various basic rights which should not be desecrated under any situation. Some of these rights include political rights, civil liberties and most importantly the right to physical safety and life. Human rights bodies articulate for tolerance, justice, human dignity and mutual respect for all people. Human rights are protected by ensuring that all people receive humane and decent treatment. Denying people their basic rights are violating them and it’s a terrible offense which can face a strict legal response. Everything that violates people’s rights or prevents them from enjoying ought to be eliminated with immediate effect.. Many people from all over the world cannot access some services due to poverty.
Human rights are universal rights that we are entitled to. It is a freedom that is guaranteed based on the principle of respect for an individual. As mentioned in the preamble of the Universal Declaration of Human Rights, human rights are a “recognition of the inherent dignity and of the equal and inalienable rights of all member of the human family is the foundation of freedom, justice, and peace in the world” (Kent, page 80). When asked what our rights are, we tend to get different answers and meanings. Some people recite the rights that they know; but let’s face it, not everyone knows all of the rights that they truly have. The rights we have consist of many things such as the right of having an adequate food supply. The right to
The Encyclopedia of Human Rights Issues since 1945, defines sovereignty as the state having complete power to enact legislation regarding “all property, events, institutions, and persons” living inside its borders. The Oxford English Dictionary lists the following definitions of sovereignty that can be used in this context. They are, rule and existing as an independent state and supremacy in respect of power, domination, or rank; supreme dominion, authority, or rule. Inherent in the definition of sovereignty is independence and the ability to make decisions without consultation or being overruled by anyone or entity. In the United States Native American tribes or nations are sovereign. Native Americans retain political
Glendon, Mary Ann (2002). A world made new: Eleanor Roosevelt and the Universal Declaration of Human Rights. Random House. ISBN
Creating a legal system that and protects human rights successfully is difficult. In the case of Dr Haneef’s detainment and charge, the Australian legal system failed to protect his human rights. Since the devastating terror attacks of 9/11, Australia has introduced over 51 new laws to combat terrorism (Australian Human Rights Commission, n.d.). This torrent of laws is largely considered a kneejerk reaction triggered by grief and fear. Australia’s anti-terrorism laws are continuously under scrutiny as they have been put into place to protect the society, but are thought to endanger individual’s human rights, especially when a Bill of Rights is absent.
The rights of the individual are rights which we receive when being born, we have these rights in order to protect ourselves, to give no one person absolute power, and to be ‘free’. Freedom is one of the most important aspects of society. This was shown by Locke with him believing that we should all have our own rights that no one can take away. This was an ideology that could protect individuals freedom from each other as well as corrupt state.
“Behind every exquisite thing that existed, there was something tragic”—Oscar Wilde. Everything good in the world has a definitive start that sprouts from inequalities, oppression, and a need for fairness. With this in mind, things such as human rights are dated back to violent history. Nazi Germany arguably sparked an interest in human rights as their “good triumphed through the acts of a selfless few or out of the depths of evil”. Human rights refer to the laws, acts and policies initiated in order to protect vulnerable, oppressed people in the world and allow them to possibly thrive in this world. Although women, sexual minorities, and racialized minorities all play a significant role in the development of human rights—racialized
Human Rights are the rights, that are considered to be inalienable, inseparable and vested upon individual by virtue of being human. For example, the Oxford English Dictionary defined the universal nature of Human Rights as ‘a right which is believed to belong to every person’.
Human rights are rights that are believed to belong justifiably to every person no matter what situation, race, or gender. The people get to decide what is wrong and right, from voting, to being treated unequal, being called a minority, to there being government officials mistreating the way humans view things. “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. We are all equally entitled to our human rights without servitude and compelling victims to commit sex acts for the purpose of creating discrimination.” ("Ckmgrey." Ckmgrey. Web. 17 Apr. 2016.) These rights are what protect us, they help all of us such as difrent genders, and race. Human rights were given to us to protect us from harm but there are evil people who do not care and will make you feel like you’re nothing and not worthy of rights. Human trafficking makes people feel like they’re nothing and or maybe even would rather kill themselves then have to live through all the painful things those people do.
In this week, we focused on human rights, and the many different human right violations. Human rights are the rights and laws inherited to every human being despite their gender, social status, nationality, religion, or color. Last week we mentioned a few human right violations and discrimination issues. For instance, in the video A Force More Powerful, part 1 talks about several acts of disobedience provoked by the violation of rights of various members of some ethnic groups. The act of disobedience that affected me the most was African-Americans attempt to eliminate segregation in the south, and Gandhi’s technique to fight segregation in a non-violent approach.
Human rights are those rights which should be available to every single individual. Throughout history, induced abortions have been a source of great debate and controversy since ethical, religious, political and personal issues coincide. Two great contrasting views have arisen as a result of this. The “pro-life” view supports the rights of an unborn child measuring life of the foetus from the moment of conception. On the contrary, the “pro-choice” view prioritises the mother’s right to abortion with a belief that every woman should have the right to choose whether or not to go into the journey of motherhood. The pro-choice advocates, hence, consider the right of the foetus distinct from the pregnant woman, creating an adversarial relationship between the mother and the baby. The legal position of the foetus raises contention since there is no way in obtaining an opinion from an unborn child.
All individuals, including those that fall under the protected classes, have an equal opportunity for employment and advancement within an organization. Those protected classes include like race, colour, age, national origin, disability, reprisal, sex, and in some cases familial status. The employee must prove they were discriminated against when they were treated differently because of their status in one of those protected classes.