Council of Europe

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  • John Stuart Mill Freedom Of Speech Analysis

    including contractors and consultants . While, for example, Germany does not have any specific laws governing issues connected with whistle-blowing . The only indirect way of seeking protection is through Articles 4 and 5 of the German Constitution. This reluctance of European governments to establish extensive legal framework is, probably, connected with the fear of US scenario repetition in the European reality. Unfortunately, the clash between the protection of governmental proprietary information and whistleblowers reporting regimes, which inevitable involves some degree of private and official data release in public, does not play in favor for whistle-blowers. Since the law throughout Europe provides fragmented protection, the job which has already been done by the Council of Europe (COE) is of particular importance, especially if we want to maximize effectiveness of whistle-blowing. The free speech in the ECHR is protected by Article 10 and judicial decisions of European Court of Human Rights (ECtHR), which are expected to be taken into account by contracting parties in the domestic cases concerning human rights violations. Restrictions to the exercise of this right can be justified only when they are prescribed by law and are necessary in a democratic society. ‘Necessary’, within the meaning of Article 10(2), indicates the existence of a ‘pressing social need’ . Although the Contracting States have a certain margin of appreciation in deciding whether this social…

    Words: 1015 - Pages: 4
  • Viner And Others V United Kingdom Summary

    article 3. Nonetheless, in the Hutchinson’s case, the European Court of Human Rights rules that there was no breach of article 3. The 6 judges against 1 decided that the decision of Court of Appeal in the R v McLaughlin addressed the doubts in the European Court in the Vinter and others v the United Kingdom. In another case, Öcalan v. Turkey in 2014, the court determined that there was a breach of article 3 in relation to applicant’s life imprisonment without the prospect of release, which…

    Words: 1174 - Pages: 5
  • Unhealthy Workplace: A Case Study

    Some time ago I worked in residential care in Glasgow, here we had separate care teams (A and B). One support worker from our group B (Paul) split up from his civil partner (Den, who had involvements in criminal acts). One day a local newspaper produced an article detailing a criminal court action depicting Den staying next to Paul. Thus caused Paul to be depressed, but myself and the other support workers tried to lift his spirits discovering our temporary group "A" leader (Moira) approached…

    Words: 757 - Pages: 4
  • The Pros And Cons Of The Human Rights Act

    The Human Rights Act (HRA) is argued to be a fundamental instrument in the United Kingdom’s (UK) constitution. It allows the rights and freedoms of the individual to be protected from the state within Domestic Courts. The Act has been under h scrutiny for decades surrounding the conflicts that it poses on the UK’s unwritten constitution and the fundamental doctrines of Parliamentary sovereignty, Separation of Powers and the Rule of Law. Due to this, there have been proposals made by many…

    Words: 1500 - Pages: 6
  • Human Trafficking Thesis

    sex trade on the streets virtually disappeared (Waltman, 146). With this physical change, also came an adjustment with the way people viewed the criminal offense of prostitution. Before the law, forty-five percent of women and twenty percent of men were in favor of criminalizing purchasers in the sex trade, but after the law eighty three percent of women and sixty percent. Looking at the official data one can conclude the Swedish law not only affected those being trafficked, but the entire…

    Words: 1377 - Pages: 6
  • Paquete Habana Case Study

    of justice of appropriate jurisdiction…” (DRW, p. 84), and because the United States had no law on the subject at hand in Paquete, the Court reviewed relevant international law, decisions, treaties, and practices through (mostly European) history (which, as I wrote above, is the basis for customary international law). Nearly all of these (with a few exceptions of minor incidents) guaranteed the safety of fishing vessels during wartime, and included decrees, case law, national laws, and opinions…

    Words: 1715 - Pages: 7
  • Prisoner Communication Service Advantages And Disadvantages

    The Prisoner Communication Services policy came into force on 1st October 2011 and replaced PSO 4400 Chapter 4 and PSI 06/2011. It is concerned with matters of prisoners’ communications and includes the prohibition of prisoners’ from accessing social networking sites. There are several forms of domestic legislation which grant power to the Secretary of State to pass policies regarding prisoner’s treatments and rights, including statutes and case law. The Human Rights Act 1998 and the European…

    Words: 1806 - Pages: 8
  • Prisoner Voting Rights Essay

    the prisoners are permanently banned from voting even after their release from prison 7. From the decisions that have been made in other countries, a report that was written and published by the joint committee on human rights noted that, it would be good for prisoners to be allowed to vote in their constituencies where they are supposed to be living if they were not in prison 8. From this report, it was clear that a number of countries are accepting their prisoners to vote and as such, the UK…

    Words: 2026 - Pages: 9
  • Argumentative Essay On Equality 7-2521

    so when the Council labels students their profession, he wishes for the Scholar label. Unfortunately the decision didn’t go as planned. After receiving the label of being a street sweeper, Equality 7-2521 finds a tunnel from The Unmentionable Times. This tunnel becomes his “experimentation lab”. In this lab, he re-invents electricity and presents the invention to the Council of Scholars. The Council asks Equality 7-2521 if he made the invention alone. He replied with yes. “‘What is not done…

    Words: 1118 - Pages: 5
  • European Monarchies

    of the feudal system to Europe in the time of Charlemagne, it continued to flourish for centuries. Landlords took the place of monarch for many peasants and commoners, until around the ninth century A.D. when many places in Europe began establishing national monarchies, creating many of the modern European countries we are familiar with today. The creation of these consolidated kingdoms, along with the natural progression of social organization and technology, triggered many changes in…

    Words: 695 - Pages: 3
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