6. Non-Fatal Non-Sexual Offences Against the Person

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
European Convention ◽  
Bodily Integrity ◽  
Sexual Offences ◽  
True Nature ◽  
Wide Range ◽  
Life Threatening ◽  
The Common ◽  
The Right ◽  
Relational Harm ◽  
Assault And Battery

This chapter discusses a wide range of offences against the person: from an unwanted touching on an arm to a life-threatening attack. Key to the law is the right to bodily integrity: a person should not be touched against his or her wishes. This right is protected under the common law and Article 8 of the European Convention on Human Rights. Topics covered include assault and battery; assault occasioning actual bodily harm; malicious wounding; wounding with intent; poisoning; racially and religiously aggravated crimes; the Protection from Harassment Act 1997; threats offences; transmitting disease; consent and assault; the true nature and extent of violent crime; the nature of an assault; objections to and reform of the Offences Against the Person Act 1861; and emotional and relational harm.

6. Non-Fatal Non-Sexual Offences Against the Person

Criminal Law ◽  
2020 ◽  
pp. 322-418
Author(s):  
Jonathan Herring
Keyword(s):  
European Convention ◽  
Bodily Integrity ◽  
Sexual Offences ◽  
True Nature ◽  
Wide Range ◽  
Life Threatening ◽  
The Common ◽  
The Right ◽  
Relational Harm ◽  
Assault And Battery

This chapter discusses a wide range of offences against the person: from an unwanted touching on an arm to a life-threatening attack. Key to the law is the right to bodily integrity: a person should not be touched against his or her wishes. This right is protected under the common law and Article 8 of the European Convention on Human Rights. Topics covered include assault and battery; assault occasioning actual bodily harm; malicious wounding; wounding with intent; poisoning; racially and religiously aggravated crimes; the Protection from Harassment Act 1997; threats offences; transmitting disease; consent and assault; the true nature and extent of violent crime; the nature of an assault; objections to and reform of the Offences Against the Person Act 1861; and emotional and relational harm.

The Right to Bodily Integrity

2018 ◽  
Author(s):  
Alison Brysk
Keyword(s):  
Sexual Assault ◽  
Sexual Violence ◽  
Public Space ◽  
Transitional Justice ◽  
The United States ◽  
Bodily Integrity ◽  
Global Pattern ◽  
Popular Resistance ◽  
Wide Range ◽  
The Right

In Chapter 7, we profile the global pattern of sexual violence. We will consider conflict rape and transitional justice response in Peru and Colombia, along with the plight of women displaced by conflict from Syria and Central America, and limited international policy response. State-sponsored sexual violence and popular resistance to reclaim public space will be chronicled in Egypt as well as Mexico. We will track intensifying public sexual assault amid social crisis in Turkey, South Africa, and India, which has been met by a wide range of public protest, legal reform, and policy change. For a contrasting experience of the privatization of sexual assault in developed democracies, we will trace campus, workplace, and military rape in the United States.

The Right to Healthcare in the Common European Asylum System

2018 ◽  
Vol 20 (2) ◽  
pp. 135-156
Author(s):  
Marco Inglese
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
European Convention ◽  
Undocumented Migrants ◽  
The European Union ◽  
Common European Asylum System ◽  
The Common ◽  
Interpretative Approach ◽  
The Right

Abstract This article seeks to ascertain the role of healthcare in the Common European Asylum System (CEAS). The article is structured as follows. First, it outlines the international conceptualisation of healthcare in the International Covenant of Economic, Social and Cultural Rights (ICESCR) and the European Social Charter (ESC) before delving into the European Convention on Human Rights (ECHR). Second, focusing on the European Union (EU), it analyses the role of Article 35 of the Charter of Fundamental Rights of the European Union (the Charter) in order to verify its impact on the development of the CEAS. Third, and in conclusion, it will argue that the identification of the role of healthcare in the CEAS should be understood in light of the Charter’s scope of application. This interpretative approach will be beneficial for asylum seekers and undocumented migrants, as well as for the Member States (MSs).

18. Procedural Impropriety

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Natural Justice ◽  
Legitimate Expectation ◽  
Legal Power ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Right ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. A public authority must have the legal power to act; if that power is conferred by statute, it may also specify the procedure that must be used prior to an action or a decision being taken. This is what is known as a ‘statutory procedure’, because it is specified in a statute. The statute may, for example, require the authority to give notice of its intention to take action in a certain way, to consult interested groups, or to tell individuals that they have the right to appeal from an adverse decision. If the authority does not comply, then this is a breach of the statutory procedure and may be reviewed as a procedural impropriety. This chapter discusses the judicial review of procedural impropriety. It covers the rules of natural justice; the right to be heard; legitimate expectation; the detailed requirements of natural justice; the rule against bias; and Article 6 of the European Convention on Human Rights.

scholarly journals Pancreatic fistula through the distal common bile duct

2002 ◽  
Vol 130 (5-6) ◽  
pp. 201-203
Author(s):  
Radoje Colovic ◽  
Nikica Grubor ◽  
Vesna Masirevic ◽  
Ljiljana Ivic
Keyword(s):  
Bile Duct ◽  
Common Bile Duct ◽  
Pancreatic Fistula ◽  
Pancreatic Juice ◽  
Gastric Artery ◽  
Distal Common Bile Duct ◽  
Life Threatening ◽  
The Common ◽  
The Right ◽  
High Output

Pancreatic fistula is usually caused by acute or chronic pancreatitis, injury and operations of the pancreas. The pancreatic juice comes either from the main pancreatic duct or from side branches. Extremely rare pancreatic fistula may come through the distal end of the common bile duct that is not properly sutured or ligated after traumatic or operative transaction. We present a 58-year old man who developed a life threatening high output pancreatic fistula through the distal end of the common bile duct that was simply ligated after resection for carcinoma. Pancreatic fistula was developed two weeks after original surgery and after two emergency reoperations for serious bleeding from the stump of the right gastric artery resected and ligated during radical limphadenectomy. The patient was treated conservatively by elevation of the drain- age bag after firm tunnel round the drain was formed so that there was no danger of spillage of the pancreatic juice within abdomen.

11. Article 8: The right to respect for private and family life, home, and correspondence

2018 ◽  
Author(s):  
David Harris ◽  
Michael O’Boyle ◽  
Ed Bates ◽  
Carla Buckley ◽  
Michelle Lafferty
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Private Life ◽  
European Convention ◽  
Lgbt Rights ◽  
Wide Range ◽  
The Right ◽  
Personal Interests

This chapter discusses Article 8 of the European Convention on Human Rights, which is described as the ‘least defined and most unruly of the rights enshrined in the Convention’. Article 8 places on states the obligation to ‘respect’ a wide range of undefined personal interests which embrace a number of overlapping and inter-related areas, including some LGBT rights. None of the four interests covered by Article 8(1)—private life, family life, home, and correspondence—is defined in the Convention and their content is a matter of interpretation.

The Legal Right to Security of Person

2019 ◽  
pp. 10-42
Author(s):  
Rhonda Powell
Keyword(s):  
South African ◽  
European Convention ◽  
Bill Of Rights ◽  
Human Right ◽  
Political Dialogue ◽  
Protection Of Human Rights ◽  
The Common ◽  
The Right ◽  
Legal Right

There is no agreed meaning ascribed to the legal right to security of person, even though it is an internationally recognized human right and a term found in legislation and political dialogue around the world. Most jurisdictions have left the courts to interpret the meaning of the right to security of person. In turn, courts have taken remarkably different approaches to determining which interests should be protected by the right to security of person in their jurisdictional context. Chapter 1 analyses the meaning that courts have given to the right as it appears in the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Canadian Charter of Rights and Freedoms, and the South African Bill of Rights. It is argued that a deeper theoretical analysis is needed to identify the common core of the right.

18. Procedural Impropriety

2021 ◽  
pp. 601-652
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Natural Justice ◽  
Legitimate Expectation ◽  
Legal Power ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Right ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. A public authority must have the legal power to act; if that power is conferred by statute, it may also specify the procedure that must be used prior to an action or a decision being taken. This is what is known as a ‘statutory procedure’ because it is specified in a statute. The statute may, for example, require the authority to give notice of its intention to take action in a certain way, to consult interested groups, or to tell individuals that they have the right to appeal from an adverse decision. If the authority does not comply, then this is a breach of the statutory procedure and may be reviewed as a procedural impropriety. This chapter discusses the judicial review of procedural impropriety. It covers the rules of natural justice; the right to be heard; legitimate expectation; the detailed requirements of natural justice; the rule against bias; and Article 6 of the European Convention on Human Rights.

Engaging with the State for the Common Good: Some Reflections on the Role of the Church

2009 ◽  
Vol 11 (2) ◽  
pp. 169-180
Author(s):  
Peter Smith
Keyword(s):  
Human Rights ◽  
Common Good ◽  
Social Issues ◽  
The State ◽  
Fundamental Rights ◽  
European Convention ◽  
The Common Good ◽  
The Common ◽  
The Right ◽  
The Church

The Canon Law of the Roman Catholic Church establishes the right of the Church to proclaim the Gospel and expound it, and to proclaim moral principles especially when this is required by fundamental rights or ‘for the salvation of souls’ (Canon 747). While this was taken for granted for centuries, society and culture have undergone rapid and extensive changes, especially over the last forty years. From what was once a Christian society and culture, we have moved to a multicultural and secular society, and have seen the rise of ‘ideological secularism’. The place of religion and religious values in the public forum is being questioned, and an aggressive secularism seeks to reduce religion and its practice to the private sphere. However, a healthy secularity should recognise both the autonomy of the state from control by the Church and also the right of the Church to proclaim its teaching and comment on social issues for the common good of humanity. This right is recognised in the 1948 Universal Declaration of Human Rights and the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms. From the Church's point of view, this right was recognised for all religions in the Second Vatican Council's ‘Declaration on Religious Liberty’. We must defend that right because the Church exists not for its own sake but for the sake of humanity.

1. Introduction to the law of evidence

2017 ◽  
Author(s):  
Richard Glover
Keyword(s):  
European Convention ◽  
Law System ◽  
Rules Of Evidence ◽  
The Common ◽  
The Law ◽  
Definition Of ◽  
The Right ◽  
Law Of Evidence ◽  
The Impact

This chapter provides an overview of the law of evidence. It discusses the definition of evidence and how the law of evidence differs from the science or philosophy of evidence; the characteristics of the judicial trial that demand a particular legal approach to the presentation and use of evidence including, on occasion, its exclusion; the development of the rules of evidence in the common law system and the factors that influenced this; the classification of the rules of evidence; and the impact of the European Convention on Human Rights, in particular the provisions relating to the right to a fair trial.

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