Essay 1: Civil liberties are legal and constitutional rights that protect citizens from government actions. The civil rights specify what the government must do, creating limitations on government actions and creating what they cannot do. There are many different examples of civil liberties including the right to bear arms, the right to a fair trial, the right to due process, right to own property, the freedom from slavery and forced labor, freedom of press, freedom of religion and expression, the right to privacy, also the freedom from torture and death. Civil liberties are concerned with our basic right and freedoms that are ‘guaranteed’ and sourced from the Bill of Rights and the Constitution. The courts and laws have understood these documents throughout history.
According to Hospers The essential ingredient in all freedom from coercion by other is one’s basic and inalienable right; it is fundamental to human survival and the development of the self (Machan 8). The most fundamental right is liberty. When an individual claims to have a right, it is another’s duty to respect that right (Machan 7). All claims to right cannot violate any other’s claims to rights. Negative rights to libertarians are essential.
Asylum Seekers Asylum seekers or Refugees are individuals who flee their own country due to the fear of being persecuted due to their: -race -religion -nationality -membership of a particular social group - Political opinion Australia is obligated to protect the human rights of all refugees who come to Australia regardless of whether they have obtained a visa or not. This is because the Australian Government has is under numerous international treaties which make them obligated to protect and respect refugees human rights. These international treaties are: - International covenant on civil and Political Rights (ICCPR) - International Covenant on Economic, Social and Cultural Rights (ICESCR) - Convention against Torture
Information will also be given on the extent of protection the Constitution provides for the right of privacy. Finally, an explanation of why each case had to be heard and interpreted by the Supreme Court will be provided, as well as how the Court’s decision on each case affected the rights of American citizens today. Several provisions are in place which affects our civil rights. The primary responsibility of justice system is to ensure that those in authority maintain the people’s rights. “No right is absolute” (Patterson, 2009, p. 86).
On the other hand, Luban, would say Yoo ignores the law models and war models if they deny terrorist suspects protection as required. Yoo says, in order to convict a defendant of torture the prosecution must have establish that the torture occurred outside the United States, the defendant acted under the color of law, he victim was within the custody of the defendant, the pain or suffering should be intended. Torture is performed on victims to obtain information or confession, to punish them, for intimidation, or for discrimination. Mental pain is effected by intentional or threatened infliction of severe physical or mental pain, administration or threatened administration of mind altering substances or methods that disrupt senses or personality, threat of imminent death or threat that another person will be immediately subjected to death. Luban raised two models; first is the war model, which supports the use of lethal force on enemy troops irrespective of whether they were personally involved with the adversary.
After England passed the Habeas Corpus Act of 1679, other nations, including the United States, incorporated habeas corpus into their founding documents and constitutions. In the U.S. Constitution, the right to challenge unlawful detention is listed specifically in Article I, section 9. According to an article published by Rutherford Institute, it has been stated that “The right of habeas corpus was important to the Framers of the Constitution because they knew from personal experience what it was like to be labeled enemy combatants, imprisoned indefinitely and not given the opportunity to
LSTD503 Criminal Justice Process THE EXCLUSIONARY RULE: A NEED FOR CHANGE Sophia D. Flowers-Hollis Spring 2014 The Exclusionary Rule: A Need for Change The exclusionary rule has been a highly debated topic within our legal system as it has come into conflict with potential evidence that could possibly convict an individual to a jail sentence. Those who are against the exclusionary act believe that the act has no power in stopping unwarranted searches anyway and what the rule mainly does is let criminals go. Those who are for the exclusionary rule say that this is a protective right and is a right that is guaranteed to us through the constitution and should never be taken away. I am against the exclusionary rule. My research paper will argue that the exclusionary rule needs to be changed and although it is a right, federal and certain state laws should not be included with the exclusionary rule.
The security forces and rebels are both charged with numerous human rights violations. Blame for the violations fall on the government for using harsh methods and ignoring the law on human rights, and blame also falls on the United States for supporting the rebels and calling for regime change in Syria. Syria is a state-party to the Universal Declaration of Human Rights (UDHR) because it is a member of the United Nations General Assembly. The country also is a state-party to the more binding International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). These covenants require the government to respect the rights within the documents by making them law in their own country.
Discriminating against another person is not just unfair “ it is against the law. Hence, the role of the Anti-Discrimination Commission is to uphold the basic right of all people to fair treatment “ no matter what their circumstances or background. This essay will explore the Federal and State Acts of Parliament legislation, which exist to protect Australians from unlawful discrimination. Furthermore, it will discuss unlawful discrimination being either direct or indirect, as well as some of the exemptions that make discrimination lawful. Finally it will outline some of the key aspects of sexual harassment and why it is unlawful, endeavouring to outline the effectiveness of the legislation, possible alterations to improve the system, and how and why society benefits from having laws in place, to uphold their basic rights in relation to these issues.
Even though there have been several cases where armed humanitarian interventions have yielded negative results, they are still an effective means of ensuring that human rights are present in places of the world where they are repeatedly being violated. With that being said, I will state my belief that armed humanitarian must never be disregarded as an option when debating how to combat human rights violations. Furthermore, it must be considered exclusively on moral grounds meaning, in other words, that legal authorization ought to be a minute, or perhaps non-existent, aspect of armed intervention. The authorization of the United Nations Security Council is essentially responsible for the debate of the legal element of armed intervention. Armed interventions that are not authorized by the United Nations Security Council are almost universally considered illegal.