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Human Rights in England and the ECHR, 2004.
A comparative analysis of the decisions of the Divisional Court and the Court of Appeal with that of the European Court of Human Rights concerning human rights cases.
1,990 words (approx. 8.0 pages), 18 sources, APA, $ 63.95
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Abstract
This paper compares the decisions of the Divisional Court and the Court of Appeal in R v Ministry of Defence ex parte Smith [1996] 2 WLR 305 with that of the European Court of Human Rights in Lustig-Prean v UK (2000) 29 EHRR 548. It discusses how the different outcomes in these cases can be chiefly explained by the approaches available to the courts in terms of reviewing State policy. It looks at why the test of 'irrationality' employed by the English courts meant that the discriminatory government policy could not be overturned and then examines why the test of 'proportionality' available to the Court of Human Rights allowed a fundamentally different outcome to be reached.
From the Paper
"Having accepted Brown LJ?s assessment regarding the justiciability of the policy, both the Divisional Court and Court of Appeal considered each of the three grounds for the review application: that the policy breached Article 2 of the EC Equal Treatment Directive ; that it breached Article 8 of the European Convention of Human Rights; and that it was ?irrational?. Both English courts shared the view that the word ?sex? in the EC Directive should not be construed as embracing sexual orientation and should, therefore, have a meaning no broader than gender . Had they accepted the applicants? argument, the policy would have been unlawful as it would amount to direct discrimination . In the Divisional Court, Brown LJ emphasised the ?unambiguous? language of the Directive, which plainly refers to discrimination of gender rather than of orientation."
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Human Rights Law, 2003.
An analysis of the protections of the European Convention on Human Rights (ECHR) as they apply to human rights law in the United Kingdom.
3,065 words (approx. 12.3 pages), 5 sources, MLA, $ 89.95
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Abstract
The paper reviews the history of the Council of Europe and The Convention for the Protection of Human Rights and Fundamental Freedoms, commonly known as the ECHR (European Convention on Human Rights). The paper analyzes the history of human rights in the UK beginning with the Magna Carta of the 13th century, and continuing into the 20th century, when legislation was developed to coordinate British law with the original ECHR of 1949 and its subsequent charters and protocols expanding European protections of civil rights. The paper reviews various sections of the ECHR and compares them to English Common Law and provisions of the UK's Human Rights Act of 1998. The paper discusses the difference between non-derogable rights and derogated rights, citing several relevant sections of the ECHR. It also examines several points of the ECHR and considers their acceptability under UK law. In conclusion, the paper finds that the ECHR laws are quite complex and that new British legislation only furthers the dissonance with their applicability to the UK.
Table of Contents:
Introduction
Analysis
Conclusion
Bibliography
From the Paper
"The Council for Europe had been originally established at the end of the Second World War and had an objective of the protection of Europe against totalitarianism and atrocities that were witnessed during the war. This council had the convention as a treaty within the actions it took. (European Convention on Human Rights) The United Kingdom was one of the founder members of this convention and also involved in the design of the law. It was also one of the first countries to approve the treaty. It has also appeals to be made to the European Commission for Human Rights since 1966. The influence of the Convention has been growing in the UK during the past ten years as the European Court of Human Rights are now taking quicker action about the appeals that are being made to it. (The European Convention on Human Rights)"
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The European Convention on Human Rights, 2005.
Analysis of the impact that the European Convention on Human Rights has had on the United Kingdom's unwritten constitution.
3,871 words (approx. 15.5 pages), 23 sources, APA, $ 105.95
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Abstract
This paper begins with an outline of the basic human rights provisions of the European Convention on Human Rights (ECHR) and then presents an outline of the United Kingdom's Constitution and how it is supposed to safeguard against infringements of basic human rights. The paper follows this with an analysis of the ECHR's impact on UK jurisprudence and a discussion of some of the positive effects of the ECHR.
Outline
Basic Human Rights Provisions of ECHR
The Problem of an Unwritten Constitution
The First Test of the ECHR
Limited Impact over Time
Neo-conservative Behaviour Regarding Justice
Some Positive Effects of the ECHR
Some European Findings in U.K. cases
Freedom of Speech as a Human Right
E-expression Law in the U.K. and the ECHR
From the Paper
"That is the element of the United Kingdom?s response to the ECHR that is easy to assess. Everything that happens thereafter is more difficult and, in fact, can probably only be glimpsed in bits and pieces through both case law and national and international actions that have some human rights components. The reason for this is that the U.K. Constitution, unlike most others, is unwritten. Rather, the sovereignty of the Westminster Parliament is absolute: a later Act of Parliament always overrides former legislation if there is direct conflict between them. Therefore, U.K. safeguards against infringements upon human rights are not contained in any basic law, but ?can be found in specific Westminster statutes and judge-made common law.? Domestic law and international law are maintained in relatively close relationship by a principle of judicial interpretation that holds that international law forms part of the law of the land."
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Child Rights in England, 2004.
This paper discusses children's rights in England.
1,800 words (approx. 7.2 pages), 7 sources, MLA, $ 63.95
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Abstract
The paper provides a discussion of the legal status of children in England and therefore describes English family law and international treaties. The paper contends that children's rights in England are not quite up to the standards set forth by the United Nations, with spanking and corporal punishment still permissible.
From the Paper
"The legal status of children in England has been shaped both by parliamentary act as well as the incorporation of international human rights norms into domestic law. It has been suggested that English family law has already established a legal regime for children that is more advanced than that described by international treaties and this paper will examine the extent to which that is true."
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Gay Rights and Civil Rights, 2007.
This paper compares and contrasts gay rights with civil rights.
880 words (approx. 3.5 pages), 1 source, MLA, $ 31.95
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Abstract
In this article, the writer discusses whether homosexuals should receive rights guaranteed in the Bill of Rights. The writer questions whether gays should receive rights compared to civil rights. The writer argues that while it is true that gays and minorities are often mistreated, the difference is in the ability to make a decision. The writer maintains that gay rights are different than civil rights because homosexuals make the decision to be gays and even the Bible shows that it is wrong, but African-Americans are born "black" and the Bill of Rights guarantee rights to "all men". The writer then points out that the Civil Rights Act was passed to guarantee that all African-Americans be treated equally with other Americans. The writer argues that comparing gay rights with civil rights shows that gays make a decision to date or love another person of the same sex, while African-Americans are born with their skin color and they should be given the same rights as any American.
From the Paper
"Before determining whether gays should have rights it is important to look at the definition of homosexuals. The definition of homosexuals will show that it is defined as a sexual orientation with romantic love and sexual desire of the same sex or gender. When a person falls in love with another person, a decision must be made to love the person. Homosexuality is a decision. The gay person decides to fall in love with another person of his or her same gender. This is the same as if a person decides to never date a person or if a person decides to fall in love with another person of a difference sex. Since it is a decision, people should not receive certain rights because they make a decision. Many homosexuals and minorities are rejected jobs and other freedoms so many people believe they should have rights as guaranteed by the Bill of Rights. However, it is important to remember that homosexuals decide whether they want to have a love life with a member of the same sex."
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Disabled Rights and Water Rights, 2002.
A look at two different law aspects - the need for rights for the disabled and water rights between countries.
1,400 words (approx. 5.6 pages), 6 sources, $ 53.95
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Abstract
The first three-pages consist of the need for international laws concerning the rights of people who are disabled. The next three-pages consist of the need for laws concerning water rights between different countries.
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Abortion Rights are Human Rights, 2005.
This paper discusses and argues that the rights to abortion are in themselves human rights.
675 words (approx. 2.7 pages), 0 sources, $ 26.95
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Abstract
This is an opinion paper explaining why abortion is a human right and should be available to all women as long as the fetus is not an "actual life" but is still a "potential life." The writer argues that the mother's human rights would take precedence over the "potential life" of the fetus, and once the fetus has transitioned to "actual life" then the mother's rights would be seriously limited.
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Victims Rights Vs. Criminal Rights, 2002.
A look at the rights of the criminal over those of the victim.
2,150 words (approx. 8.6 pages), 7 sources, $ 80.95
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Abstract
This paper presents that the rights of the victim must be upheld in favor of the rights of the criminal.
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Civil Rights & Women's Rights Movements 1860 -1870, 1999.
Examines evolution & major issues of two movements in U.S. Analyzes them in terms of the impact of Civil War, emancipation of slaves, politics, Reconstruction, leadership, laws, organizations and suffrage.
6,750 words (approx. 27.0 pages), 24 sources, $ 135.95
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From the Paper
"This research paper discusses the nature and course of the movements for civil rights and women's rights in the United States during the 1860s and draws appropriate comparisons and contrasts between them.
The principal struggle for civil rights related to improving the political, legal and, to a lesser extent, the economic status of blacks in the South, their emancipation from slavery and succor by the North during the Civil War (1860-1865) and their achievement of suffrage and other rights during the initial phases of Reconstruction (1865-1870). Emancipation only gradually became a central goal of Union policy during the war and its full parameters were far from settled by the time President Abraham Lincoln was assassinated. Reconstruction policy followed an even..."
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Julian Barnes' "England, England", 2000.
A discussion about the constructions of reality in Barnes' novel, "England, England".
2,185 words (approx. 8.7 pages), 1 source, $ 68.95
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Abstract
This paper takes a look at the Julia Barnes' somewhat cynical view of reality as a human construction in her novel "England, England". The paper focuses on the characters' attempts to cope with reality and their desire to look past the constructions in their own and others' lives.
From the Paper
"In "England, England", Julian Barnes theorizes that what people perceive to be reality is merely a construction. He argues that people create this construction for themselves because of a desire to simplify their lives. What people consider to be true memories and actual history are distortions, no more real than stories, except in that people believe these memories and histories to be real."
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Constructions of Reality in Julian Barnes' "England, England", 2000.
2,200 words (approx. 8.8 pages), 1 source, $ 68.95
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Abstract
This paper explores the theme of make-believe reality in Julian Barnes' "England, England", which is presented through the character of Martha. The question posed is whether there even is such a thing as objective reality, and whether, if there is, it can satisfy anyone, and the conclusion appears to be that people ultimately prefer a constructed reality.
From the Paper
"At the beginning of the novel, Barnes sets up the idea that reality, as people think of it, is constructed. Martha reasons: ?If a memory wasn?t a thing but a memory of a memory of a memory, mirrors set in parallel, then what the brain told you now about what it claimed had happened then would be colored by what had happened in between? (6). She continues by reasoning that ?an element of propaganda, of sales and marketing, always intervened between the inner and the outer person? (7). While a person may claim that he/she remembers something clearly, he/she has actually filtered and changed around the memory, infusing it with an element of make-believe."
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From Natural Law to Human Rights, 2006.
This essay explores how human rights grew from natural rights.
4,511 words (approx. 18.0 pages), 12 sources, MLA, $ 117.95
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Abstract
In this article, the writer declares that early proponents of natural law argued that people have common sense and are born with an intuitive knowledge of right and wrong. This paper discusses that human rights are those rights that are based on human nature. The writer examines how human rights grew from natural rights. It argues that conceptions of right and wrong are not based on an unchanging, eternal order, but are negotiable; that is, open to revision as the years go by and times change. It is seen, for example, how women and children have used natural rights arguments to gain rights that formerly were denied them.
The writer concludes that human rights have evolved from natural law and natural rights and that human rights are intimately connected to morality and ethics.
Outline:
Introduction
Natural Law and the Concept of Rights
Changing the Law in Response to a New Moral Awareness
Human Rights for Women
Juvenile Death Penalty
Rights versus Utilitarianism
Conclusion
From the Paper
"More than anyone else the philosopher John Locke influenced the shape and form of democracy in the United States. He argued that human beings have certain fundamental rights, which governments cannot take away. He argued that no individual has a natural right to rule over others, and that a person's natural state is a state of freedom. Freedom, he explained, was not the same as license or permission to do whatever one wants; rather, freedom is based on the "law of reason which places precise limits on our behavior". Not everyone is able to enjoy their natural rights because other people and the government sometimes violate them; therefore, Locke suggested that men assemble and choose leaders who can be trusted to protect their natural rights. The primary function of government ought to be to protect the natural rights of its citizens, to protect citizens from other states, and to establish and maintain internal order. He suggested that oppressive governments (governments that had broken trust with the people) could, and should, be overthrown; in other words, sometimes, revolution is justified--especially if the government violates the natural rights of its citizens. In questions where natural rights are not the issue, then the will of the majority should prevail. His ideas profoundly inspired the Founding Fathers and the Declaration of Independence; moreover, the Constitution was written mainly to protect the people's rights from government interference, to insure internal order, and to establish defense."
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The History of Individual Rights, 2006.
A historical look at individual rights starting with the Charter of Liberties enacted under King Henry I of England.
1,350 words (approx. 5.4 pages), 4 sources, $ 53.95
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Abstract
This paper discusses individual rights in England and America before the Constitutional Convention. The paper begins by discussing the Charter of Liberties, enacted into English law in 1100 under King Henry I. The paper explains that the charter specifically addressed the king's treatment of church officials and was intended to ensure their freedoms in the country. The charter attempted to address the known abuses that that former kings had levied against those representing the church, and it restricted the king's power by law. The paper also explains that the Charter of Liberties was considered the framework for the Magna Carta and that it was agreed to by Henry I.
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Canadian and Aboriginal Rights, 2007.
This paper explores whether aboriginal rights can coexist with other rights in Canada.
1,567 words (approx. 6.3 pages), 7 sources, MLA, $ 51.95
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Abstract
The paper explains that when Europeans colonized the land, the native inhabitants become a class of citizens that were treated as different and inferior to the conquering classes. The paper relates that as liberal western democracy attempts to establish equal rights for all citizen groups and as native groups learn how to press their claims, competing claims for land and treasure have been raised. The paper explores whether aboriginal rights can coexist with other rights and posits that coexistence is possible and even necessary, within the systems of government that Canadians have developed.
From the Paper
"When the European colonizers established colonies throughout the North American continent, they came into contact and conflict with the native inhabitants that had dwelt in the land for centuries. Their initial contacts were colored by curiosity and concern on the part of both natives and colonizers. However, as colonies were established and the European hunger for land proved incessant, concern became alarm and even progressed to war in many cases. Colonizers were viewed as invaders by natives and the natives were viewed as uncivilized savages by colonists. The colonists' push across the continent resulted in land being contested and treaties being formulated, altered, and broken."
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Prisoner Rights, 2004.
A comparative analysis of the rights of prisoners in the U.S.A., Russia, England, Germany, Japan, and France.
2,350 words (approx. 9.4 pages), 11 sources, MLA, $ 72.95
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Abstract
This paper discusses how, as the world continues to globalize, different societies are finding out about each other's habits and ways and how one of the most controversial issues on earth is the issue of human rights. In particular, it looks at how human right for prisoners is a topic that is not viewed in the same way as human rights for non-prisoners and how the rights of prisoners have been a sensitive issue for many nations within their own boundaries. It explores how industrialized nations vary widely on the rights they permit those that they have arrested or incarcerated and analyzes six nations that, for the most part, agree on human right issues, but have significant discrepancies in the rights that their prisoners are afforded. France, Japan, Germany, Russia, England and the United States have all shared trade, imports and exports, finances and other important things, yet they have never standardized the treatment of their prisoners.
From the Paper
"Japan on the other hand is violent and brutal when compared to France or the United States in its treatment of prisoners. Japan prisoners can be brutalized without repercussion for those acts.
?JAPAN'S treatment of prisoners and detainees is cruel, abusive and sometimes lethal(Death and torture in Japan?s prisons http://www.hrdc.net/sahrdc/hrfchr59/Issue2/Japan.htm). Although Japan is Asia's wealthiest democracy and has one of the lowest crime rates in the world, those who are suspected of breaking Japan's laws face a staggeringly draconian penal system. The recent killing of a prisoner through the application of a "leather handcuff" has brought renewed calls for action, and necessitates that the Commission on Human Rights pressure Japan to reform its prisons(Death and torture in Japan?s prisons."
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