Human Rights Definition

Good Essays
There is the assumption that each being is a moral and rational being that deserves to be respected and treated with dignity. Human rights are fundamental rights which are not subject to being taken away or given away by the possessor; and to which a person is inherently entitled for simply being human. Human rights can be classified into civil and political. These rights are considered as first generation rights and everyone’s birthright which should be enjoyed and protected by the state. The right to life and the right to marry are examples of rights which fall into this category. Human rights can also be classified in the category of social and economic and examples of rights in this category include the right to education and freedom …show more content…
Therefore, it is important that adequate measures are put in place by the international and domestic law for these rights to be recognised and protected. Human rights are protected both internationally and domestically. Domestically, human rights are normally protected by having a legal status in the country’s constitution or in a Bill of Rights. However before the Human Rights Act 1998 was passed, the traditional method which the United Kingdom embraced was the common law method. However, parliament passed legislation in form of the Human Rights Act 1998 which protects human rights. The Human Rights Act 1998 gives effect to the European Convention on Human Rights and all courts in the UK must interpret and give effect to the law in a manner which is as close to the Human Rights Act as possible; in cases involving both public authorities and individuals. Internationally, human rights are protected through treaties which states become members of. By becoming a party to a treaty, the states are obliged to protect individuals and groups against human right abuses. States like the UK that have parliamentary sovereignty have to put into place domestic measures and pass legislation that is compatible with the obligations and duties in the …show more content…
They are conditional and subject to lawful interference and restrictions. However, before these rights can be subject to any lawful interference or restrictions, they are subject to a test for legality as prescribed in the Articles of the Convention . The interference has to be prescribed by the law which means that it should have some reference to provisions made in domestic law. It is also required that the provisions be free from arbitrary interference by public authorities. Also, the law has to be accessible to those it will affect; and it should be formulated in a manner whereby the certain outcome of a conduct will be known to the individual. However, there must be a legitimate reason for the conditional rights to be interfered with such as situations that involve national security. It must also be shown that it was in pursuance of one of the aims laid down in the Convention . The Courts will then consider the reasonableness of the restriction and if it is necessary in a democratic society. In making this decision, the court will apply the doctrine of proportionality. The doctrine of proportionality relates to the interpretation of statutory provisions to maintain fairness and justice. Here, the court ensures that the means employed to achieve a goal, impinges on the minimum extent to preserve the interest of the public. The court will consider if there was any alternative

Related Documents

  • Decent Essays

    The other issue he analyses is fairness. Any state procedures should be decided by independent and impartial figure. Additionally Bingham ensures that a person regarded as a subject to any liability or penalty must be informed of what is said against him. It leads to his another point that ministers and public officers shouldn’t abuse their power. In fact he reminds about the separation of powers as a crucial value in guaranteeing the integrity of the courts.…

    • 1447 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    • The contract also contains ‘considerations’ which are services, goods or any actions of legal value that accepting party is bound to provide in replace of money. • Both parties should aim for the contract to be legal and the objective of contract should also be legal. • Contract should also state the conditions, obligations and rights of both parties. These conditions are based upon those which are specified by parties or those which are bound to be fulfilled because of their presence in country’s constitution. • Some clauses are also included in contract that determines that if unintended events are faced, one party or both parties will not be responsible.…

    • 904 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Paradox Of Freedom

    • 791 Words
    • 4 Pages

    It is essential to understand the need of having right of expression and acting upon the decision made. The freedom of expression is fundamental in the sense of giving appropriate and correct information regarding the subject being addressed. Therefore, it requires some sense of ethical and morality to reduce the chances of being against the freedom that gives one right to express (Goldman, 2011). The nature of the speech being delivered is supposed to give fundamental information through a controlled manner in giving positive solution. The right of acting basically seconds the right of expression and hence should be controlled accordingly.…

    • 791 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Assessing the consequences that may result from the action is key in such cases. Categorical imperative on the other hand demands that logical reasons are established before any action is taken. The inner principles of any form of acts should be considered rather than looking at the practicability of an action (Cherkasova 46). This is the principle upon which Kant’s’ ethical theory rely upon.…

    • 1177 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    This of course must occur through proper procedures and without the violation of constitutional law, which we discussed though the beginning of this research paper. The main reason for the establishment of the Bill of Rights is to protect the people against governments’ power. A search occurs “when and expectation of privacy that society is prepared to consider reasonable is infringed (Cox, McCamey, & Scaramella, 2014, p. 207). Law enforcement first and foremost must establish probable cause or reasonable suspicion to detain a person or seize someone’s property. A seizure of property occurs when there is some meaningful interference with and individual’s possessory interests in that property (Cox, McCamey, & Scaramella, 2014, p. 207).…

    • 935 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    The obligation to abide by the edicts of the government is secondary to the primary obligations we bear to one another. It is these individualistic obligations of self-expression and independence that provide the setting against which the “justification of civil disobedience as well as civil obedience is to be judged.” There are four conditions of obligation: citizenship, freedom, equality, and accountability. A person is both morally and politically obligated to obey the laws if and only if those conditions are upheld by the government. Civil disobedience is then defined as a ‘public, non-violent and conscientious breach of law undertaken with the aim of bringing about a change in laws or government policies.’ The people who choose to engage in such a political act are willing to accept the legal consequences of their actions, showing fidelity to the rule of law. Civil disobedience seems to be a kind of ‘conscientious refusal’ or a ‘revolutionary action’, but most of these acts are morally justifiable.…

    • 1596 Words
    • 7 Pages
    Decent Essays
  • Decent Essays

    Argument Rule-Making

    • 555 Words
    • 3 Pages

    §§ 551–559 (2006) known as the Notice-and-comment rulemaking method. The DEA is accountable for enforcing the Controlled Substances Act and can initiate proceedings to modify a drug's schedule, to add or erase any drug from a certain schedule. The DEA is responsible for making sure registrants abiding with the security control and storage requirements set forth by the Controlled Substances Act. Certainly, the specific issues are to make sure that the DEA delegated power is within the scope of the Constitution.The DEA rules, regulations and operations are explicitly in the range of Congress's authority. The DEA regulations provide adequate, intelligible principles and guidelines to the public.The delegation of power from Congress is proper, admissible, and standing on factual.…

    • 555 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    exercises control over its societies. However, human rights mean that this power is restricted. States ought to take care of the fundamental wants of the societies and defend a number of their…

    • 771 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    While in some circumstances, the so-called whistleblowers will disclose information in the name of duty or ethics, the data exposed may be potentially harmful to national interest. Disclosure of matters of national interest should be solely dependent on the foreseen or…

    • 1284 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    For one to follow the law or listen to authority one has to understand what law and authority really means. A law is “A binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority (2):the whole body of such customs, practices, or rules (3)” (Webster 1) and authority “Is the power to give orders or make decisions:the power or right to direct or control someone or something” (Webster 1). To summarize this it says that a law helps govern conduct to keep a safe environment with the help of authority. But what happens when those laws goes against ones morals, religion, equality etc? Should they still abide by them?…

    • 1372 Words
    • 5 Pages
    Decent Essays