Articles 8 And 10 Of The European Convention Of Human Rights

Human rights act 1998 – specifies and enforces the rights of individuals and if these

The development of a human rights policy in the EU has been a long and often undocumented journey. The sectoral approach of the Paris Treaty establishing the European Coal and Steel Community (ECSC) in 1951 had an economic and functional intention, lacking a declaration of fundamental rights, as seen in national constitutions. It was not until the 2000 Nice Summit that the European Union first established a written charter, the EU Charter of Fundamental Rights, explicitly stating and guaranteeing human rights in the European Union. Documented EU human rights policy before 2000 can be seen primarily in two ways:

The interpretation of “privacy” under the PCC Code was considered in R (Ford) v Press Complaints Commission . The applicant was the well known television journalist, Anna Ford. She looked for authorization to apply for judicial review of the PCC choice dismissing her protest about distribution of photos of her and her accomplice on a disengaged yet open shoreline abroad. Silber J refused permission on the basis of the “broad discretion” given to media regulators and the “extended deference given by the courts” to their

The freedom of speech and of the press, does not protect an individual that may present

'Article 13'; The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in the form of art, or through any other media of the child’s choice.'

From the beginning, it is evident that reporter Doug Trench has 3 mediums to consider ethically and legally. These ethical codes,laws all need to be taken into consideration when reporting the Trudi Braun case. For example Trench needs to consider the Australian communication and media authority (ACMA), for the TV bulletin and broadcasting of the Braun case, section 4, news and current affair. In particular looking at ethical factors such as, reporting accurately and fairly, such as not highlighting the gender race etc… An example of a similar case, in the Jill Meagher, where it was particularly stories, such as in a channel seven broadcast report, where it was unnecessarily included her gender and the fact that she was

Third example is the famous author JK Rowling, she won ban photos on her son. The child of the Harry Potter creator JK Rowling and her husband, Dr. Neil Murray, won a court of appeal, the decision building up that the law shields the children of celebrities from the publication of unapproved photos, unless their parents have exposed them to publicity. Express Newspapers settled the evidence against it for invasion of security out of court however the office, Big Pictures, connected to a high court judge to have the case against it struck out. Mr. Justice Patten tossed out the guardians' case, saying that "the law does not in my judgment (as it stands) enable them to cut out a free press zone for their children in regard of completely everything".

“Many laws exist in Britain restraining the media. In 1992, the White Paper, Open Government, identified 251 laws outlawing information disclosure. Two years later the Guild of Editors listed 46 directly relating to journalists. The laws of libel, contempt, defamation, obscenity and ‘gagging’ injunctions to stop alleged breaches of confidence all act as restraints on the media.” (Keeble, Richard/ Ethics for Journalists)

Bernadette’s “giving a false identity” was permissible to break the illegal “accredited media” restriction. Government’s “accredited media” invitation to parliament debate was disguised restriction, infringing Bernadette’s rights to “receive” information as a journalist of dissent media and the public’s rights to “receive” information from “a different perspective” , which violated applicant’s Article 19 rights of UDHR .

today we call them human rights" (McShea 34). The issue of whether or not to

Problems take place within the media when public interest is conflicted with human right and the right to privacy. You can easily validate publishing privet information as a form of public interest, but you however cannot justify the damages it may cause.

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

and the European Court of Human Rights has “entered a few judgments holding that schools have been illegally segregated.” Yet despite UNESCO’s attempts to aid Gypsy children, Fletcher believes that the European government is not trying hard enough, since “no European or national judicial or administrative organ has ordered the cessation of segregation in any school, nor have they addressed the principal means of evasion, white flight. Instead, they have left corrective action to uncoordinated, unconstrained municipalities” (Fletcher 919). Therefore, a small step for European governments to take is to implement anti-bullying programs in schools starting in the younger grades. Additionally, they should promote an overall atmosphere of acceptance in their countries, as a method of demonstrating that as a developed continent, they have the means of helping the Gypsies and these must be used. By promoting equality among the population, less bullying will be tolerated and Gypsy children will be more comfortable going to school and becoming healthy citizens. Moreover, adult Gypsy citizens who seek an education to gain qualifications for getting a job, should also be granted access to education. With a more educated population, Gypsies will be able to contribute to their nation’s economy and break free from a life of plagued by poverty, unemployment, and crime.

From the past, education has always been seen as a crucial aspect of our lives. In 1968, Durkheim stated that ‘society can survive only if there exists among its members a sufficient degree of homogeneity; education perpetuates and reinforces this homogeneity by fixing in the child, from the beginning, the essential similarities that collective life demands.’ Education has become even more indispensable as more instruments start to recognise the right to education. For instance, Article 2 of the First Protocol (A2P1) of the European Convention on Human Rights (ECHR) and Article 28(1) of the UN Convention on the Rights of the Child. This essay will assess the effect of the Human Rights Act 1998 (HRA 1998) in protecting the right to education in England. It is noted that the HRA 1998 provide a relatively limited protection as compared to the rest of the instruments. But looking in light of the proposed reform on HRA 1998, the current protection provided by the HRA 1998 has undeniably secured certain protections toward the children’s educational rights. Firstly, this essay looks into the scope of protections that are provided by the HRA 1998. Secondly, the effectiveness of A2P1. Thirdly, the influence of other conventions with regards to the right to education. Lastly, the essay will conclude by looking at the future reform of the HRA 1998.

It is important to set the European Union Charter of Fundamental Rights in context by examining the development of rights within the European Union. The embryo organisation that commenced the EU (The Coal and Steel Community 1951) was introduced in the wake of World War II to rebuild Europe by economically tying previously warring nations together. The consensus amongst the "heavy weights" of the EU was, if member states were economically invested in each other to ensure financial stability within their own state, future conflicts would be avoided. The EU had taken the role of a purely economic organisation which explains why it was not focused on social issues such as human rights, leaving such matters to individual member states to determine. Then came the political advancement of the 1990s, as evidenced by Weiler; ‘[The Maastricht Treaty] appropriates the deepest symbols of statehood: European citizenship, defence and foreign policy’. Naturally, the issue of human rights became prominent within the EU, and after much debate and a Convention the Charter was passed and given legally binding status under the Lisbon Treaty of 2009. The Charter has proved to be a controversial issue within European politics, with doubts being voiced about the functionality of the European Union’s own “Bill of Rights”. To effectively assess the question at hand, this essay will evaluate the extent to which the Charter is a necessary and desirable development, before reaching an overall