18. Human rights in action

2021 ◽  
pp. 435-457
Author(s):  
Anne Dennett
Keyword(s):  
Human Rights ◽  
Religious Belief ◽  
Family Life ◽  
Public Authority ◽  
Right To Life ◽  
Article 9 ◽  
Freedom Of Thought ◽  
The Law ◽  
The Right

This chapter explores how three Convention rights operate in practice: the right to life (Article 2), the right to a private and family life (Article 8), and freedom of religious belief (Article 9). Article 2 provides that everyone’s right to life shall be protected by law. No one shall be deprived of one’s life intentionally save in the execution of a sentence of a court following one’s conviction of a crime for which this penalty is provided by law. Article 8 provides that everyone has the right to respect for one’s private and family life, home, and correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law. Meanwhile, Article 9 provides that everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change and manifest one’s religion or belief.

18. Human rights in action

2019 ◽  
pp. 413-436
Author(s):  
Anne Dennett
Keyword(s):  
Human Rights ◽  
Religious Belief ◽  
Family Life ◽  
Public Authority ◽  
Right To Life ◽  
Article 9 ◽  
Freedom Of Thought ◽  
The Law ◽  
The Right

This chapter explores how three Convention rights operate in practice: the right to life (Article 2), the right to a private and family life (Article 8), and freedom of religious belief (Article 9). Article 2 provides that everyone's right to life shall be protected by law. No one shall be deprived of one's life intentionally save in the execution of a sentence of a court following one's conviction of a crime for which this penalty is provided by law. Article 8 provides that everyone has the right to respect for one's private and family life, home, and correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law. Meanwhile, Article 9 provides that everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change and manifest one's religion or belief.

Key articles of law

2021 ◽  
pp. 75-82
Author(s):  
Anna Smajdor ◽  
Jonathan Herring ◽  
Robert Wheeler
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Right To Life ◽  
English Law ◽  
The Law ◽  
The Right

This chapter introduces the concept of human rights and some of the key rights recognised in English law. This includes rights such as the right to life, liberty, freedom from torture and inhuman treatment, privacy and respect for private and family life. It also explores the importance concept of discrimination and the commitment the law to ensure that people are not discriminated against in respect of their rights.

The Right to Freedom of Thought in the European Convention of Human Rights

2021 ◽  
pp. 1-34
Author(s):  
Patrick O’Callaghan ◽  
Bethany Shiner
Keyword(s):  
Human Rights ◽  
Personal Development ◽  
Industrial Revolution ◽  
European Convention ◽  
Inner Life ◽  
Article 9 ◽  
The Face ◽  
Technological Developments ◽  
Freedom Of Thought ◽  
The Right

Abstract This paper examines the right to freedom of thought in the European Convention on Human Rights against the background of technological developments in neuroscience and algorithmic processes. Article 9 echr provides an absolute right to freedom of thought when the integrity of our inner life or forum internum is at stake. In all other cases, where thoughts have been manifested in some way in the forum externum, the right to freedom of thought is treated as a qualified right. While Article 9 echr is a core focus of this paper, we argue that freedom of thought is further supported by Articles 8, 10 and 11 echr. This complex of rights carves out breathing space for the individual’s personal development and therefore supports the enjoyment of freedom of thought in its fullest sense. Charged with ‘maintaining and promoting the ideals and values of a democratic society’ as well as ensuring that individual human rights are given ‘practical and effective protection’, this paper predicts that the ECtHR will make greater use of the right to freedom of thought in the face of the emerging challenges of the Fourth Industrial Revolution.

scholarly journals Kedudukan Anak Luar Kawin yang Diangkat oleh Kakeknya di Desa Batukaang, Kecamatan Kintamani, Kabupaten Bangli

2020 ◽  
Vol 1 (1) ◽  
pp. 19-23
Author(s):  
Ni Nyoman Oktaviani ◽  
Ketut Sukadana ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Family Life ◽  
Secondary Data ◽  
Primary Data ◽  
Right To Life ◽  
Adopted Child ◽  
Sociological Approach ◽  
Inheritance System ◽  
The Law ◽  
The Right ◽  
Legal Marriage

Children born out of wedlock are children born to a woman who does not have a legal marriage relationship with a man who has made her give birth to the child. The child does not have a perfect position in the standpoint of the law like a legitimate child in general. The birth of a child is crucial in every family. In terms of family life, children are descendants of the next generation so a child has the right to life and identity as an effort to protect the law. The problem how the adoption of a child born beyond official marriage by his grandfather in Desa Batukaang, the Sub-district of Kintamani, Bangli Regency is executed and what is the inheritance system for such an adopted child in Batukaang Village, Kintamani District, Bangli Regency? The child was appointed by his own grandfather and the reason for the appointment was that the adoptive grandfather did not have a son. The type of research used in this research is an empirical study with a juridical-sociological approach. Types of data are primary data and secondary data, collected through interview and literature review. The procedure for the adoption of the child execution is through customary or noetic way, which is to carry out extortion ceremonies where offerings are religiously and legally made and the child is legally made as a legitimate child in general. Ultimately, the child is legitimate to be the child of the adopting grandfather both in a customary and inheritance legal system, the child inherits all inheritance from the grandfather. 

scholarly journals The Council of Europe and Sharia: An Unsatisfactory Resolution?

2019 ◽  
Vol 21 (2) ◽  
pp. 203-212
Author(s):  
Russell Sandberg ◽  
Frank Cranmer
Keyword(s):  
Human Rights ◽  
Democratic Society ◽  
European Convention ◽  
Council Of Europe ◽  
Member States ◽  
Article 9 ◽  
Freedom Of Thought ◽  
The Right

On 22 January 2019, the Parliamentary Assembly of the Council of Europe agreed the text of Resolution 2253: Sharia, the Cairo Declaration and the European Convention on Human Rights. The Resolution begins – on an uncontroversial note – by reiterating ‘the obligation on member States to protect the right to freedom of thought, conscience and religion as enshrined in Article 9 of the European Convention on Human Rights … which represents one of the foundations of a democratic society’. It then goes on, however, to recall that the Assembly ‘has on several occasions underlined its support for the principle of the separation of State and religion, as one of the pillars of a democratic society’. This statement is not entirely non-contentious: it ignores the situation in several Member States of the Council of Europe and is based more on notions of laÿcitÕ than on the observable facts in countries such as England, Denmark, Finland and Norway that have state Churches. Unfortunately, this simplification and confusion set the tone for what is to follow.

12. Article 9: Freedom of thought, conscience, and religion

2018 ◽  
Author(s):  
David Harris ◽  
Michael O’Boyle ◽  
Ed Bates ◽  
Carla Buckley ◽  
Peter Cumper
Keyword(s):  
Human Rights ◽  
Religious Belief ◽  
European Convention ◽  
Religious Symbols ◽  
The Past ◽  
Article 9 ◽  
Freedom Of Thought ◽  
Religious Dress

This chapter discusses Article 9 of the European Convention on Human Rights, which covers forms of both religious and non-religious belief. Few articles of the Convention have generated as much controversy as Article 9, from complaints about curbs on religious dress and displays of religious symbols to conflicts over faith at the workplace. In the past two decades, the Court has made important strides in formulating its own guidelines in relation to freedom of thought, conscience, and religion.

Frontiers of International Law, Part One: The Chechen People, Continued

1997 ◽  
Vol 10 (1) ◽  
pp. 16-20
Author(s):  
René Lefeber ◽  
David Raič
Keyword(s):  
Human Rights ◽  
International Law ◽  
Self Determination ◽  
Military Force ◽  
Right To Life ◽  
Customary International Law ◽  
Parent State ◽  
The People ◽  
The Law ◽  
The Right

We agree with André de Hoogh that the Chechens did not possess a right to external self-determination prior to the massive indiscriminate use oi military force by Russia in December 1994. At no point have we argued or suggested otherwise. Hence, up to December 1994, the Chechen claim did indeed not meet the conditions set by paragraph seven of the Friendly Relations Declaration. However, the Friendly Relations Declaration needs to be interpreted in view of usus and opinio iuris. In other words, one has to analyse how this paragraph has developed in customary international law. According to our analysis of the law of self-determination, the emergence of a right to external self-determination depends on two cumulative conditions, viz. 1) the serious and persistent violation of the right to internal self-determination and 2) the exhaustion of all total and international peaceful remedies by the people concerned to effectuate its right to internal self-determination. These conditions must be deemed fulfilled if the parent state seriously and massively violates the fundamental human rights and freedoms – in particular by an arbitrary violation of the right to life – of the persons belonging to the people concerned.

The right to life in armed conflict: does international humanitarian law provide all the answers?

2006 ◽  
Vol 88 (864) ◽  
pp. 881-904 ◽  
Author(s):  
Louise Doswald-Beck
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Right To Life ◽  
The Law ◽  
The Right

AbstractThis article describes the relevant interpretation of the right to life by human rights treaty bodies and analyses how this might influence the law relating to the use of force in armed conflicts and occupations where international humanitarian law is unclear. The concurrent applicability of international humanitarian law and human rights law to hostilities in armed conflict does not mean that the right to life must, in all situations, be interpreted in accordance with the provisions of international humanitarian law. The author submits that the human rights law relating to the right to life is suitable to supplement the rules of international humanitarian law relating to the use of force for non-international conflicts and occupation, as well as the law relating to civilians taking a “direct part in hostilities”. Finally, by making reference to the traditional prohibition of assassination, the author concludes that the application of human rights law in these situations would not undermine the spirit of international humanitarian law.

The Right to Life at Sea Seventy Years after the Proclamation of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 149-154
Author(s):  
Giorgia Bevilacqua
Keyword(s):  
Human Rights ◽  
International Community ◽  
Universal Declaration ◽  
Law Of The Sea ◽  
Special Significance ◽  
Right To Life ◽  
The Mediterranean ◽  
The Law ◽  
The Right ◽  
Multilateral Treaties

The Universal Declaration of Human Rights was proclaimed on 10 December, 1948, in order to offer a common standard of achievements in the context of fundamental human rights all peoples and all nations of the word. Of the rights universally recognized in the Declaration, the right to life presented a special significance in response to the atrocities and barbarous acts which preceded its proclamation: the right to life is irreversible and essential to the enjoyment of any other rights. In addition to the Universal Declaration, the right to life is stipulated in several multilateral treaties that confirm the relevance of the right to life for the entire international community. And even though none of these treaties includes the right to life at sea, the UN Convention on the Law of the Sea sets out the duty to rescue people in distress at sea. In light of the persistent migratory crisis in the Mediterranean, as well as of the tendency to manage migration through activities of securitization, this paper aims to share some reflections on the current meaning of the obligations undertaken by the majority of States in the last 70 years in relation to the right to life.

Human Rights Act 1998 (European Convention on Human Rights)

2021 ◽  
pp. 299-306
Author(s):  
Anna Smajdor ◽  
Jonathan Herring ◽  
Robert Wheeler
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Fair Trial ◽  
European Convention ◽  
Right To Life ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Forced Labour ◽  
The Right

This chapter covers the Human Rights Act 1998 (European Convention on Human Rights) and includes topics on The Right to Protection from Torture, The Right to Life, Prohibition of slavery and forced labour, Right to liberty and security, Right to a Fair Trial, The Right Not to Suffer Punishment without Legal Authorisation, Right to respect for private and family life, The Right to Freedom of Thought, Conscience and Religion, The Right to Freedom of Expression, The Right to Freedom of Assembly and Association, The Right to Marry, and The Right to Protection from Discrimination.

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