Human Right Act, 1998

Both statutory interpretation and the Human Rights Act are a doctrine of precedent by which law is changed and justice is served. The doctrine of precedent is an essential principle of English legal system, which is a form of reasoning, interpreting and decision making formed by case law. It suggests that precedents not only have persuasive authority but must also be shadowed when similar situations arise. Any rule or principle declared by a higher court must be followed in future cases. In short the courts and tribunals are bound within prearranged restrictions by prior decisions of other superior courts. All the judges are also obliged to follow the set-up precedents established by prior decisions which is called Stare decisis. Making decisions according to precedent helps achieve two objectives. Initially it aids to maintain a system of stable laws which gives predictability to the law and affords a degree of safety for individual rights. Moreover, it ensures that the law progresses only in accordance with the developing perceptions of the community. Therefore, it more accurately mirrors the morals and prospects of the community that we live in.

Throughout history, people have had their basic human rights violated. This has been due, to other people's, groups, and the government's ideas, and actions. One of the renown instances of such thing happening is during the colonial times to 1865.In which millions of people had their basic human rights taken from them. In that time period, slavery was used to strip people of their basic human rights due to prejudice, and for the fact, it was a significant part of the American colony's economy.

In relation to the Charter, my advice is that Josh’s conduct is not protected and the cancellation of his parole by the Adult Parole Board was not in breach of the Charter. Moreover, the conduct of Dianne and Cary is initially protected by the Charter however due to the limitations placed upon human rights it can be argued that Dianne and Cary’s conduct are indeed in breach. Additionally Victoria police in partner with AX6 are in breach of numerous rights set out in the Charter, which will be discussed in further detail.

When you are supporting a person within the care setting it is important to use a variety of advocacy models, these can include, myself as a peer advocate, this is where I have acted on behalf of person within the home whilst supporting them with a G.P visit or district nurse visit, there is also a self-advocacy this is where the person will respond to the question asked themselves but could need some support or advice when acting in their best interests. There is group-advocacy this is where we carry out a care plan review and involve all parties which include the person themselves, family members and key members of staff. We also involve professional advocates in the home when required to act in the best interest of a person, this has been

January 30th changes were made to the crimes act (2000) to help stop one punch violence in Sydney’s CBD after a senseless act of violence took the life of a Sydney teen. The changes that were made, gives a harsher jail sentence if a life is taken, and if the attacker if intoxicated at the time there is a minimum sentence of eight years, this is only the second time in recent history a minimum sentence has been put in place. More transport out of the CBD was also put into place after the amendment was passed, to give a safe option home after a night out. Places that sell alcohol have also been effected by having to stop people from purchasing alcohol after a certain time.

The current Canadian Human Rights Act was issued in 1977 to ensure equal opportunities for Canadian employees in the working environment. The main goal is to stop discriminatory practices. According to the Canadian Human Rights Act (1977) itself, these practices can be “based on race, national or ethnic origin, color, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered”. Since its issuance date, many discriminatory practices could be discussed publicly and in case of disagreements aligned by the court. Although, still today discriminatory practices take part in business life in small and big forms and the problem might never be fully solved. Therefore, this essay discusses the function of the Act, its benefits and consequences for Canadian employees and employers and gives examples from past legal cases. It focusses on the part “provision of goods, services, facilities or accommodation customarily available to the general public” to limit the size and give deeper insights into the certain topic. Additionally, the main emphasis lies on the workers’ rights due to the course topic.

When one hears the name Canada the first thoughts to come into one's head is cold, a-boot, polar bears but most of all freedom. Canada has been known to be a free country for as long as anyone can remember. It has been able to keep this outlook thanks to its amazing and ever changing constitution. A main part of the constitution is the charter of rights and freedoms added by Pierre Trudeau prime minister of canada. The charter lays out the rights of canadians, aboriginal peoples, equalization and how to amend the constitution. It was passed and added to the Canadian constitution in 1982.

I believe that the 2004 Crime Victim’s Rights Act is very similar to the federal constitutional amendment. The federal constitutional amendment falls within three broad categories: financial assistance to the victims, victims’ rights as proscribed in both federal and state legislation, and services and benefits to specific classes of victims (Quinn and Brightman, 2015, p. 197).

As a statutory adult social worker, I am responding to a service user’s self-referral regarding support for herself and husband, Ian, on hospital advice after Ian had a fall. Jackie, 69, is a carer for Ian, 66, who has increasing needs due to dementia. The visit’s objective is to explore cost-effective early help support services so Ian can stay independent and have better outcomes within his home. My duty is to conduct separate assessments which explain the couple 's situation. Ian is entitled to a basic needs assessment, whilst Jackie qualifies for a Carer 's Assessment, which focuses on obtaining positive outcomes for both by improving Jackie 's caring ability. Individual care plans will address identified needs in accordance with statutory guidance and each persons ' expressed wishes for preferential support. The aim of the visit is to provide comprehensive advice and information in relation to the couple 's rights and entitlements. In addition, I will discuss the assessment procedure so the couple can make an informed decision whether to consent to the assessment and any offer of support.

Good morning year 11 & 12 students, I am here to talk to you about the Human Rights, are they relevant to Australian Society and the effectiveness the Australian Governments been in ensuring that these rights are promoted and enforced. Human rights, what does it mean? “That which is ethically good and proper and in conformity with the moral Law as it pertains to people.” This can be found in the Macquarie dictionary. 1948 was when the human rights was adopted, this was because of the end result of World War II (WWII). With the creation of the United Nations, and the end of WWII the international community this being “The countries of the world considered collectively," they vowed to never again let the conflicts and disasters like in WWII to

A formal support network that would benefit Mia’s and Hudson’s wellbeing would be prenatal courses. Education and developing parenting skills is fundamental in caring for a dependant. Prenatal courses also teach Mia about warning signs for possible health issues Hudson may become afflicted with. The health care system is also a formal support network Mia could access which would ensure her and Hudson’s wellbeing. Hospitals provide specific services and professionals for the care of mothers and children that is available at any time. Mia would’ve most likely given birth in a hospital with an obstetrician and/or midwife and pediatrician present to care for her and Hudson at the time of his birth. Another formal network available to Mia’s family

The power to strike down Acts of Parliament is defined as the power to declare legislation invalid because it is unconstitutional. This paper will critically assess sections 3 and 4 of the HRA 1998 by defining them, reviewing case law surrounding their use, and by evaluating the powers that they give to the judiciary. By doing so, it will demonstrate that section 3 gives judges powers that are not significantly different from the power to strike down Acts of Parliament, whereas section 4 does not.

For many years there has been a substantial increase in women suffering or suffered from various types of abuse. South Asian women, in particular, continue to be involved in severe physical and emotional mistreatments taken place within their “private” homes. As well as, ongoing patterns of coercive control, and the deprivation of liberty. In effect, those subject to domestic violence are more likely to be predisposed to greater long-term mental disorders, and drug dependencies compared to those that don’t. This has resulted in several protests being made nationwide in aid to reduce gendered abuse. However, ethical and human rights remain non-existent for disadvantaged groups of women. This chapter will examine of how the extent of abuse differs

As social services were made aware of this family possibly needing support, they are then obliged investigate and carry out an assessment if needed, if a need is identified and the service user meets the eligibility criteria, social services have a duty to provide a service. Services can be provided directly through the local authority or commissioned out to

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.