European Court of Human Rights

My dear Ophelia was a violet living among the bed of thorns. An image of innocence and purity in among the disease, death and deceit that runs rampant throughout the court of Denmark. For her to have downed among the weeping willows, no to have downed herself, to escape the woes that littered her mortal coil. Without a man to guide her no wonder she drifted astray, condemned to hell for the abomination of her death. Hamlet without a doubt would have set he on this damned path. His fruitless…

detained under Section 23 of that Act. Their Lordships have answered the questions of law, forming the ratio decidendi. Firstly, did Article 15 apply in the Belmarsh case in order to allow the derogation from Article 5 and the suspension of the right to liberty of the suspected terrorists? Article 15 states that in the time of war or other public emergency threatening the life of the nation the state can derogate from the convention however only to the extent, strictly required by the…

Introduction Every human being has a right to representation in the face of law. This might be through an appointed body or by self. It is for this reason that human rights activists and other such like bodies put much effort to enlighten and ensure that this case is observed at all costs (MCBride, 2006). In a case of crime, the law purports that the guilty party must be proved beyond doubt that they actually did act in manner that will beyond reasonable doubts attribute them to the crime.…

Direct effect is a principle enabling individuals to rely on European provisions before a national or European court. This principle was broadened and defined over time through cases brought before, and rulings of, the European Court of Justice. To understand how direct effect evolved and to what extent it protects individual rights, we must look at those cases and rulings in a chronological matter. I will firstly examine direct effect’s scope of application over time, and then turn my attention…

According to Dicey, parliamentary sovereignty means that Parliament has the “right to make or unmake any law whatever”. This basically means that there is no limit on the subject matter on which Parliament may legislate. Sovereignty should be clearly differentiated and distinguished. There is a contrast between legal sovereignty and political sovereignty. Legal sovereignty is concerned with the legal relationship between the courts and Parliament.…

Human Trafficking is a serious crime and a huge violation of human rights. Almost every country in the world is affected by trafficking. We define human trafficking as the unwilling transportation of a person by threat or force to achieve the consent of that person for the purpose of exploitation. This type of exploitation can include prostitution, forced labor, slavery, sexual abuse, removal of organs, or any other types of exploitation. The criminalization of this act if caught can be if you…

In order to understand the relationship between international humanitarian law and international human rights law, the foundation, development and overall intention of these separate sets of laws must be explored. International Humanitarian Law or IHL, is a set of international rules that has been established by treaties or customs for the intention of solving the humanitarian problems that arise directly from international or non-international armed conflicts. This universal body of law began…

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…

character…”(allusion). Who are these children that Martin Luther King Jr is referring to? Are they directly referring to the white men and specifically people of the white and colored race? Or are they referring to men, women, children, and people of all colors? Humans. These revolutionary words have caused social and political controversies among our nation from the get-go. From the freedom of slaves in the 1860s, to the…

The Universal Declaration of Human Rights which was adopted by United Nations General Assembly on December 10th 1945 defines freedom of religion and belief in its article 18 as follows: "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship, and observance. Freedom to…