ipl-logo

The Pros And Cons Of The Universal Declaration Of Human Rights

1090 Words5 Pages

In the wake and devastation of the Second World War, the UN General Assembly adopted the Universal Declaration of Human Rights, which became the basis for the European Convention on Human Rights. Although the UK agreed to be bound by the Convention in 1953, it was only in 1966 that it accepted the right of its individuals to bring complaints to the European Court of Human Rights (ECtHR). A problem to this approach was the fact that the ‘victims’ needed to apply to the ECtHR, and none of the rights were available in domestic law – although they could use them as persuasive arguments to make a claim for their right. However, the Convention became particularly significant when the Human Rights Act 1998 (HRA 1998) was incorporated ‘Convention Rights’ …show more content…

It has been argued that while it is not for the courts to extend Convention rights beyond what they already provide (R (on application of Ullah) v Special Adjudicator), if the UK is to contribute significantly to the development of Human Rights in Europe, it cannot restrict itself in ensuring only that the domestic law keeps pace with Strasbourg. The case of Re P and ors, is a classic example of a case in which the HOL reached a decision knowing well that they may have done more than keeping in pace with …show more content…

This, however, does not affect the validity or continuing operation of the provision in question. The Government is also not required to change the law. When a declaration of incompatibility was made in the Belmarsh case, the Home Secretary did not release the defendants from prison (although the provision under which they were detained was flagged incompatible). While s.4 appears to be just a flag for the courts to warn the Government and Parliament, Baroness Hale and Tom Hickman are of the view that such a thing allows a ‘dialogic’ approach which forges a partnership between the legislature, executive and judiciary. Ministers could through remedial orders under s.10 of the HRA 1998 make amendments to the primary or secondary legislation to make the Act convention compatible. However, the draft order needs to be approved by both Houses of

Show More
Related

Jonathan Wolff Right To Health Summary

452 Words | 2 Pages

Human rights protection is alleged as an international affair and our rights values are euro-centrically influenced, according to the article. Jonathan Wolff’s article advocates for the need of balancing and protecting human rights, especially the second-generation rights as they are equally, if not the most essential to the first-generation

Read More

Un Charter Dbq

796 Words | 4 Pages

These human rights 'instruments', as they are called, have fixed how many rights apply to particular groups of human beings such as women or children. They have also come up with new ideas that were not part of the thinking of those who first drafted the Universal Declaration. The link between human rights and other pillars is clearly evident all the way through the UDHR. First, it allows, in the Preamble, that the credit of the unchallengeable rights of all people is the groundwork of freedom, justice and peace across the world. Secondly, it expands the UN Charter’s stated purpose of encouraging growth by giving economic, social and cultural rights the in the same degree of safety that an individual finds for civil and political rights (Marshall

Read More

Compare And Contrast Declaration Of The Rights Of Man And Citizen

1528 Words | 7 Pages

The two documents that will be viewed is the United States’ Declaration of Independence and France’s Declaration of the Rights of Men and Citizen on what they are, what they do, and how they compare. Both are very important historical documents that molded France and the United States into the countries they are today. Learning about these documents is just learning more about how our home countries came to be and have achieved their greatness. The Declaration of The Declaration of the Rights of Man and Citizen stands for the common people’s freedom such as religion, speech, and equality.

Read More

Universal Declaration Of Human Rights Rhetorical Analysis Essay

570 Words | 3 Pages

On December 9, 1948, as the United States was approaching a proposal towards the Universal Declaration of Human Rights, which seemed unfair and uncompromised, first lady, Eleanor Roosevelt displayed a motivational and moving speech to allow the citizens of America to come together as one to make the best of the situation that was proposed in front of them. The analysis of the tingling speech on the adoption of the Universal Declaration of Human Rights, will explore the deep rhetorical devices used to compel the audience and America, including the true purpose and background of this particular eye-opening speech. In paragraph 1, it reads, “Not every man nor every government can have what he wants in a document of this kind. There are of course particular provisions in the Declaration before us with which we are not fully satisfied.”

Read More

Comparing The Declaration Of The Rights Of Man And Citizen

238 Words | 1 Pages

The Declaration of the Rights of Man and Citizen was written in 1789 by Frenchman and American ally Marquis de Lafayette. It was a groundbreaking stride in the movement for proper civil and human rights that stands beside its inspiration, The Declaration of Independence, in history. This French Declaration was arguably the heart and soul of the French Revolution, empowering those of all social status to take a stance and fight for basic “inalienable” rights (Robertson). Seeing that it is a part of Modernity, it became and has continued to be a major influencer not only in France but throughout the United Nations. The Declaration of the Rights of Man and Citizen had such an impact on the world that it created a domino effect much like the American

Read More

Rhetorical Analysis Of The Universal Declaration Of Human Rights

562 Words | 3 Pages

The text is about the Universal Declaration of Human Rights, which states the fundamental rights and freedoms everyone universally is entitled to (Rayner). As a result of World War II, the United Nations established a Human Rights Commission, which dealt with the violations of human rights the victims of World War II suffered (History of the Document). Eleanor Roosevelt was appointed as a delegate to the United Nations and soon became the chair of the Commission (Lewis). In her speech she is speaking to the United Nations General Assembly in order to convince them to endorse the Declaration of Human Rights. Eleanor Roosevelt delivered this speech on December 9, 1948 (Eidenmuller).

Read More

Comparing The Declaration Of Rights Of Man And Of The Citizen

263 Words | 2 Pages

The Declaration of the Rights of Man and of the Citizen, written on August 27, 1789, have also had a great impact on the French Revolution. The purpose of this document was to ensure the equality of all the (male) citizens before the law. In other words, all citizens must abide by the laws and everybody has equal rights. This document was inspired by the U.S. Constitution since it incorporates many ideas similar to it, such as of equality amongst all under the law, and ides of many philosophes. This Declaration included the ideas of well-known philosphes such as Locke, Montesquieu, Voltaire, Rousseau, and Beccaria.

Read More

Essay On Declaration Of Rights Of Man And Citizen

166 Words | 1 Pages

The Declaration of Rights of Man and Citizen was created by the National Assembly. The declaration was the foundation for the new constitution. The National Assembly believed that the reason the government was so corrupt was because of ignorance, neglect and contempt of the rights of man. The aim of the declaration was to create basic principles based on liberty, equality and justice. The declaration included many ideas from the philosophers of the Enlightenment such as ideas from Montesquieu and Rousseau.

Read More

Essay On Congress Draft

721 Words | 3 Pages

If the House approves the draft, it has to be voted in the Senate. If the Senate fails to approve the draft, it is gone. If both chambers approve the bill, it has to be signed by the President in order to become a law. If the bills of the House and the Senate are different, they have to be revised by the Conference Committee (A Bill Becomes a Law). Conference Committee represents the joint work of Senators and Representatives from the Senate and the House, respectively.

Read More

The Pros And Cons Of The Universal Declaration Of Human Rights

291 Words | 2 Pages

Furthermore, it is not to say that the government and society do not protect the fetus at all, but a fetus as limited protection. The universal declaration of human rights includes the unborn child by stating the inalienable rights of all members of the human family are born free and equal in dignity and rights (Penovic, 2011). This enshrines and inaugural the right to be born. There are laws enforced to protect the fetus from negligent injury in utero by parties other than its mother, except for negligent driving, by both statutory and common law means (Scott, 2004). Why is the government limiting the fetuses rights to be protected?

Read More

Declaration Of Rights

526 Words | 3 Pages

The Declaration of Independence and The Constitution of the United States are a summarization of how the United States is to be represented and the liberties it gives to all its citizens of its freedoms. Nowadays, the Government doesn’t withhold or handle its citizens as The Constitution and Declaration of Independence state it to nor do the citizens comprehend their legal rights. The Declaration of Independence states that the rights to the people is life, liberty, and the pursuit of happiness and that right is not to be violated. The Constitution states, all citizens have the right to bear arms. This amendment of The Constitution and rights of the people from The Declaration of Independence seem to have become the most violated and misunderstood

Read More

The Pros And Cons Of The Human Rights Act 1998

1171 Words | 5 Pages

The EHRC intends to ensure that equality and human rights remain a prime concern for the government. They supervise the government’s behavior to ensure that it lives up to its promise to create an equitable

Read More

The Pros And Cons Of The United Nations Charter

1556 Words | 7 Pages

Article 2(4) of the United Nations Charter states that, "all member states shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, nor in any manner inconsistent with the purposes of the United Nations” . It is therefore a unilateral agreement signed by member states against the use of force when dealing each other. World events however since the signing and ratification of the UN Charter have indicated that states who are signatories to the charter continue to use force against each other for various reasons. Some 25 years after the writing and ratification of the charter one cannot doubt that states have used force and sought to justify it through individual or collective self-defence claims, as well as humanitarian claims in furtherance of national agendas and to increase territory. This no doubt may have been what frustrated Franck into the stance that Article 2(4) was in its grave.

Read More

How Does The USpport The Human Rights Act 1998

1310 Words | 6 Pages

Before the enactment of the Human Rights Act, the “distinction between “public” and “private” had been encountered primarily in UK law in reference to the concepts of “public bodies” and “public functions” for the purposes of judicial review .” Judicial review is the means by which they can seek out for this protection, in the circumstances if they want to interpret an Act to protect the ECHR rights, by “persuading a court or tribunal to interpret a relevant Act of Parliament in the way that protects their human rights” or a case that brings or shows that a person of public authority has been proven to show that their actions have violated the convention. The remedies under the HRA are English law remedies, which reflect the Strasbourg

Read More

Essay On Monism Vs Dualism

1225 Words | 5 Pages

The use of ECHR or European Convention on Human Rights in British courts before it was being incorporated into United Kingdom law is an example. UK and any other country which relies to the power of legislation, should always if possible do not conflicts with the international law. Therefore the supremacy of both laws depends on the acceptance if the municipal courts to the international law

Read More

More about The Pros And Cons Of The Universal Declaration Of Human Rights

Related Topics

Open Document