Niue is a country in the South Pacific Ocean with an estimated population of 1,190.[1] Since 1974, it has been self-governing in free association with New Zealand. [2] Niue controls its own internal affairs, while New Zealand retains responsibility for its defence and external relations[3] and is required to provide necessary economic and administrative assistance.[4]
Niue does not have a Bill of Rights guaranteeing fundamental rights or freedom from discrimination. Law relevant to human rights can be found in various pieces of ordinary legislation. Areas of concern include the rights of women, children, and persons who identify as lesbian, gay, bisexual or transgender (LGBT).
The Government of Niue
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1 Legal framework
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Its initial report under the Convention on the Rights of the Child was due in 1998, but not submitted until 2010.
Niue is not subject to the Universal Periodic Review process as it is not a member state of the United Nations.[14]
Constitution[edit]
The Niue Constitution Act 1974 sets out provisions for Niue's self-government. The Constitution of Niue, contained in Schedules 1 (Niuean) and 2 (English), is supreme law.[15] It prescribes the powers and functions of the executive, legislative and judicial branches of Government. Aside from the right to vote, it does not provide for any fundamental rights.[16]
Previously, Article 31 of Schedule 2 set out special rules for proposed legislation which could impact upon human rights. This required the Chief Justice to be invited to comment on the legal, constitutional, and policy issues where a Bill or proposed amendment affected such matters as criminal procedure, definitions of criminal offences, marriage, the
The UN Convention on the Rights of the Child is there for the rights of children should allow children priority
The United Nations Convention on the rights of a child 1989 was approved by the UK on the 16th December 1991, this includes:
The Convention on the rights of the child (1989)- This convention introduced rights for children and young people under 18 years of age. It is based around the principles. There are 54 articles which relate directly to schools. Some included:
The United Nations Convention on the rights of a child (1989) is a treaty that sets out the rights and freedoms of all children in a set of 54 articles.
The courts found that If section 251 of the Criminal Code of Canada infringes or denies the rights and freedoms guaranteed by ss. 2(a), 7, 12, 15, 27 and 28 of the Canadian Charter of Rights and Freedoms, is s. 251 justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982?
The Convention on the Rights of the child is an international treaty which has been adopted by the U.K. It was approved by
The NNU’s constitution provides the framework and bylaws for the organization. The constitution is prefaced with a certification signed by Martha Kuhl, the NNU Secretary-Treasurer, confirming that the constitution is authentic and universally accepted by all founders. The original constitution was set forth when the union was founded in 2009, and the NNU has since amended the document as of December 2012. The sections of the constitution are General Provisions, Membership, Affiliates, National Officers, Executive Council, Convention, Dues, Assessments & Finances, Hearings & Appeals, and Duration. The amended constitution also includes an explicit section titled, “Dues Policy.” Each of these sections is broken up into detailed subsections.
For this part of my coursework I will be doing the Human Rights Act of legislation.
The fourth provision I found was Article VI, The Judiciary. This article gives the state judicial power. Article six is comprised of six sections outlining judicial power, the Supreme Court, the appointment of justices and judges as well as qualifications for appointment to the office. Article VI also goes on to outline retirement, removal, and discipline of judges and justices as well as the administration of the state courts.
To hold hearings upon complaints relating to violations of different areas of this act and guidelines and stipulations incorporated in relation to this act and pursue prosecution of and enjoinder of all said violations.
To critically evaluate the impact of the cases R v Bugmy and R v Munda on the existing case law.
This essay will explore the changes that Article 263 TFEU has had to the accessibility of judicial review before the CJEU as well as assessing whether the reforms introduced were sufficient enough in improving a private parties ability to bring government decisions under scrutiny. In addition, the judgments of the Court in Inuit and Microban will be considered. This essay will analyse present criticisms of the definition set out in the two cases and the overall effect of the new article.
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.
With Article 6, a person is guaranteed to the right to a fair and public hearing in the determination of an individual’s civil rights and obligations or of any criminal charge against him. The ECtHR in case laws has broadly
New Zealand is one of the countries in the world that has unwritten consititution and it is vital because it is the base of a government on how to govern a country based on it. Having a written constitution in New Zealand will give New Zealanders more access about certain documents on the consitution itself. On the other hand, if New Zealand continuously having an unwritten constitution, the citizen may not have knowledge on it due to limited access on it. This essay will clarify on constitution and what is a written constitution. This essay also covers the need to include the Constitution Act 1986, the Public Finance Act 1989 and the Arms Act 1983 and removing the Public Sector Act 1988 from it.