People would want their interests to be protected by law, through various sets of rules. In this case interests can be referred to as a person’s rights. Therefore the law is there to protect a person’s rights by imposing a corresponding duty on the other party so that they are bound in law not to interfere with those rights. Interests and rights are not always easy to define so inevitably, the interests of an individual and those of the majority may sometimes become conflicted. Rudolf von Jhering, a German jurist recognised law as a means of ordering society in a situation where there are many competing interests, not all economic.
Essay will underline the main United Nations responsibilities. Asylum seekers also will be discussed in the end of the essay. Describe Human and legal rights. Human rights act 1998: This is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. [1] Its aim is to "give further effect" in UK law to the rights contained in the Convention for the Protection of Human Rights and Fundamental Freedoms, but more commonly known as the European Convention on Human Rights.
It also incorporated The European Convention on Human Rights into UK law. Due to this act, the United Kingdom enjoyed a codified set of human rights for the first time. Prior to the introduction of this act, citizens only knew their rights in terms of the limitations of their freedoms. However, this Human Rights Act came into conflict with the state’s needs to maintain security and protection of the United Kingdom. A key example of this conflict was seen in the Afghan hijackers case.
Explain how national initiatives promote anti-discriminatory practice – P4 Human Rights Act 1998 The Human Rights Act 1998 outlines the rights and freedoms that every individual in the UK (England and Wales) has. *Some of these rights, in relation to health and social care are; * Right to life * Freedom from torture and inhuman or degrading treatment * Respect for you private and family life, home and correspondence * Freedom of thought, belief or religion * Freedom of expression * Protection from discrimination in respect of these rights and freedoms However, in some health and social care situations these rights may have to be infringed upon. For example, the right to life does not include the right to end your own life. This means that if a service provider is under the impression that a service user is endangering themselves and their life then the service provider can, under certain circumstances, search a person’s room or even ask their family members for any previous problems the service user may have had. This situation may disrespect the service user’s rights but the service provider must do everything they can, within reason, to protect the lives of those who they are caring for.
Freedom of expression is thus not only imperative for individual respect but also to contribution, liability and democracy. Breach of freedom of expression often is often followed by with other violations. It also involves the right to freedom of association and assembly. Aspects Freedom of speech has many dimensions. One of its most vital functions is that decision-making requires the free expression of broad range of vies from all the corners.
Due process is also the law which it is based on that of the idea that at the legal proceedings they can not interfere with that of life, the liberty or that of the property is treated unfairly. You also have the due process in the fifth and the fourteenth amendment that are guaranteed that the person will be able to have notice of the proceedings and that they are given the opportunity to be able to be heard prior to any seizures of , the life, the liberty, and the property. Due process is also the principal that the government must be able to respect that of all of the legal rights that should owed to the people that is according to the law. Due process it is also holds the government to make sure that they are following the law and protecting the individuals from the state. If a person becomes harmed by that of the government they have to follow the law and if they don't follow it will end up as a constitutes of a due process violation that will end up offending against the rule of the law.
In some areas of the world, people can be given severe punishments for what we would see as minor crimes. To protect against abuse of power, law enforcement also has to abide by the same set of laws as the general public. If we had no laws in place, and the general public were allowed to do as they please with no enforcement, human kind would descend into violence and disorder. If human kind didn’t develop laws, we would also not have many of the freedoms we currently enjoy as Canadians. For example, we have the right to freedom of speech, under the constitutional law of Canada.
The wide body of Convention law, as well as decisions of the domestic courts of other states which have incorporated the Convention, now becomes an integral part of UK legal system .It has been said that this was one of the most significant changes to Britain’s legal system since the Magna Carta (1215). The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (the Convention) prescribes a number of rights considered by the contracting States to be, in the words of the Preamble, “fundamental freedoms”. The original Convention, in arts 2 to 14, protects the rights to life, freedom from
Although we have many civil liberties, I would like to choose civil rights. This is very important to me, and I am sure it is just as import to others. This is the first amendment and it protects our freedom of speech. Sometimes the courts may have trouble deicing what is protected by our freedom of speech whether it is symbolic or uses words. Some of the rights that this covers are freedom to not salute the flag.
However, freedom also has its limitations it may not interfere with other privileges or rights. In order to maintain Jefferson’s philosophy on liberty, a compromise must be made between freedom of expression and censorship. Although people are promised by the Constitution a right to freedom of expression, there are certain boundaries which are never to be crossed. It is the responsibility of the government to preserve the law while supporting the people; for the U.S. democracy is run by consent of the people. A prime example of this controversial issue is the system of television ratings.