Human Rights Sources for your Essay

Role of Judges in Human Rights Jurisprudence


(Emberland, 2002). The procedure of engaging to the European Convention on Human Rights was both time consuming and expensive (Berger, 2009)

Role of Judges in Human Rights Jurisprudence


Instead, if a UK judge is considering not following Strasbourg jurisprudence when it comes to section 2, and critics make the point that he or she should bear in mind that one of the dedications of familiarizing the HRA was to stop whose human rights were not recognized nationally having to go to Strasbourg to maintain their rights against the UK administration (Guillaume, 2011). Critics believe that if UK judges are too ready to depart from Strasbourg, then everything goes back to where it was before the HRA came into power The deficiency of a constitution means that UK judges are not able to just easily refuse to follow a Strasbourg court conclusion on the base that it would include overstepping the constitution, as the German judges are able to do (El Ouali, 2004)

Role of Judges in Human Rights Jurisprudence


Previous to the representation of the HRA 1998, UK citizens pursued human privileges defense from the European Court of Human Rights. (Emberland, 2002)

Role of Judges in Human Rights Jurisprudence


In presenting the Bill, Lord Irvine clarified that it "this bill permit British judges for the first time to make their own unique support to the growth of human rights in Europe." (Guillaume, 2011) the research shows that Lord Bingham in the Lords Argument furthermore remarked that Lord Bingham in the Lords Debate as well remarked that it appears to me extremely necessary that we in the United Kingdom should aid to mold the law by which we are administered in this zone

Role of Judges in Human Rights Jurisprudence


So what's the issue with the interpretation that has been forced on section 2 and what does it need to be doing? A number of different opinions have been presented in 2011 and 2012 from judges and politicians. Along with Dominic Grieve it is in effect a scoundrel section; most would agree that it is out of control, a section gone mad (Lauterpacht, 2006)

Role of Judges in Human Rights Jurisprudence


It needs to be radically reined in, not just refunded to its original beginning since some experts suggest that it has gone far too far in authorizing Strasbourg choices to re-shape domestic law. But then again among factions of the HRA, there is a polarization of estimation, among those who want the section to be used as it was initially envisioned -- the "take into account only" group and in the contrasting camp the "mirror belief" group (Mowbray, 2012)

Role of Judges in Human Rights Jurisprudence


The decision was made on Thursday 17 June 2004. The matter in the case was whether an individual can be exiled from the United Kingdom to a condition where there are recognized human rights misuses, or rejected sanctuary to the United Kingdom when the candidate is from such a state (Shahabuddeen, 2011)

European Convention on Human Rights (Echr) Guarantees


Thus, there is a legal dispute that can devolve into rhetorical fetish if not carefully approached with the intention to address the issue that is raised by the case, which, ultimately could be described as an issue of "autonomous interpretation." Autonomous interpretation could set a standard for separate State interpretations of law, as evidenced by the Constitutional Tribunal in "recent Polish constitutional law literature" (Stawecki 2012:505)

European Convention on Human Rights (Echr) Guarantees


Thym points out that that European Court of Human Rights in Strasbourg has given guidance on how "private life" is to be interpreted and what autonomous rights are to be protected for immigrants. Article 8 essentially "widens the reach of human rights law to the legal conditions for leave to remain, effectively granting several applicants a human right to regularize their illegal stay" (Thym 2008:87)

Parliament Enacting Section 3 [Human Rights Act]


With that said, this paper will critically evaluate the approach of the domestic courts to the duty to read and give effect to domestic legislation in manner compatible with the Convention rights. Research shows that under the Human right act 1998 (HRA) Section 3 "So far as it is likely to do so', key lawmaking and secondary legislation, must be read and given effect in a way which is well-matched with the convention rights' (Anon., 2014)

Parliament Enacting Section 3 [Human Rights Act]


With that said, this paper will critically evaluate the approach of the domestic courts to the duty to read and give effect to domestic legislation in manner compatible with the Convention rights. Research shows that under the Human right act 1998 (HRA) Section 3 "So far as it is likely to do so', key lawmaking and secondary legislation, must be read and given effect in a way which is well-matched with the convention rights' (Anon., 2014)

Parliament Enacting Section 3 [Human Rights Act]


The sole objective of the human rights act is to "provide some additional outcome" in United Kingdom law similar rights which European Convention on Human Rights gotten. It makes public powers that be more accountable for their choices and makes justice's works to change in the United Kingdom system (Puddephatt, 2010)

Parliament Enacting Section 3 [Human Rights Act]


Study makes the point that Lord Nicholls likewise considered that the legislation is understood to express the determination of section 3 which possibly will be well-suited to push the force of the important. He also talked about the fact that section 3 is recognized as the main segment in human rights act 1998 (Reddy, 2003)

Parliament Enacting Section 3 [Human Rights Act]


Research shows that the Human rights act 1998 was put together in such a way that insignificant influence on the traditional interpretation of parliamentary rule. The act is supposed to show the basic rights and freedom for all human being who are eligible (Scott, 2010)

Human Rights Approach to HIV


Discussion An approximate 33.3 million individuals were considered to be living with HIV in the whole world as at the end of 2009 (Boesten and Nana, 2009)

Human Rights Approach to HIV


This discrimination may pose as an obstacle when it comes to accessing treatment and may also affect their housing, employment among other rights. Consequentially, the vulnerability of others to infection increases since stigma and discrimination that is related to HIV discourages people who are infected from contacting social as well as health services (Cohen and Wiseberg, 1990)

Human Rights Approach to HIV


There are some groups whose vulnerability of contracting the disease is increased as a result of their inability to realize their social, cultural, political, civil, as well as economic rights. An example is the denial of the right to freedom of association and ability to access information which may result to the individual being precluded from engaging in discussions relating to HIV issues, lack of participation in service organizations and self-help groups focusing on AIDS and the lack of know how regarding preventive measures that would protect them from HIV infections (Gruskin and Wakhweya, 1997)

Human Rights Approach to HIV


There are some groups whose vulnerability of contracting the disease is increased as a result of their inability to realize their social, cultural, political, civil, as well as economic rights. An example is the denial of the right to freedom of association and ability to access information which may result to the individual being precluded from engaging in discussions relating to HIV issues, lack of participation in service organizations and self-help groups focusing on AIDS and the lack of know how regarding preventive measures that would protect them from HIV infections (Gruskin and Wakhweya, 1997)

Human Rights Approach to HIV


There are some groups whose vulnerability of contracting the disease is increased as a result of their inability to realize their social, cultural, political, civil, as well as economic rights. An example is the denial of the right to freedom of association and ability to access information which may result to the individual being precluded from engaging in discussions relating to HIV issues, lack of participation in service organizations and self-help groups focusing on AIDS and the lack of know how regarding preventive measures that would protect them from HIV infections (Gruskin and Wakhweya, 1997)

Human Rights Approach to HIV


In a region that respects, protects, and provides the rights of the inhabitants, the impacts of HIV and AIDS, both societal and personal, get to be reduced. When discrimination and stigmatization is discouraged in a region those infected with HIV receive an open and supportive environment, they get to be treated with dignity, they are not afraid to seek treatment, care and support therefore containing the disease becomes easier (Tarantola, 1995)