7. Ancillary rights

2021 ◽  
pp. 149-164
Author(s):  
Howard Davis
Keyword(s):  
Human Rights ◽  
The Political ◽  
Legal Knowledge ◽  
Political Activities ◽  
National Courts ◽  
Key Points ◽  
Self Test ◽  
The Way

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses Convention rights that are considered ancillary by virtue of the fact that they do not in themselves establish any substantive human rights but are relevant to the way the substantive rights are put into effect. Specifically, the chapter discusses Article 14, which prohibits discrimination in the way Convention rights and freedoms are secured; Article 15, which allows states to derogate from their responsibilities under certain circumstances; Article 16, which allows states to restrict the political activities of aliens; Article 17, which authorises the ECtHR and national courts to refuse to uphold the rights of those who would use them to undermine the rights of others; and Article 18, which insists that rights and freedoms in the Convention can be restricted and qualified.

21. Applications: prisoners’ rights

2021 ◽  
pp. 433-447
Author(s):  
Howard Davis
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
Legal Knowledge ◽  
Key Points ◽  
Self Test ◽  
The Uk ◽  
Article 5 ◽  
The Impact ◽  
Domestic Law

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers the application of Convention rights in the field of prisoners’ rights; the impact of Convention rights on prisoners in the UK is considered. Prisoners remain within the protection of the European Convention on Human Rights, though the application of these rights will take their position into account. Prisoners’ rights include not only rights to the non-arbitrary loss of liberty (Article 5) and rights to fair procedures (Articles 5 and 6), but also not to be disproportionately denied the rights and freedoms in Articles 8–11. Imprisonment deprives individuals of their liberty and, therefore, is a public function for which the state is responsible under the Convention. The controversy over prisoners’ right to vote is discussed in Chapter 25.

15. Article 8: right to respect for private and family life

2021 ◽  
pp. 311-342
Author(s):  
Howard Davis
Keyword(s):  
Human Rights ◽  
Family Life ◽  
The State ◽  
Private Life ◽  
European Convention ◽  
Legal Knowledge ◽  
Key Points ◽  
Self Test ◽  
Domestic Law

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 8. Article 8 is concerned with matters that are considered personal, over which individuals are sovereign, and with which the state should not interfere. In its first paragraph, it recognises ‘private life’, ‘family life’, ‘home’, and ‘correspondence’ as the general concepts in terms of which this sphere of the personal is to be protected under the European Convention on Human Rights. These terms are defined and discussed in the chapter. The second paragraph presents the general legal conditions that must be satisfied before such interference can be considered justified and compatible with the Convention. Much of the chapter is concerned with the application of Article 8 to various situations such as surveillance, the environment, deportation, abortion, and euthanasia. Article 8 is also invoked in respect of important and controversial matters such as the situation of transgendered persons and the duties of states towards homosexual families.

5. The Human Rights Act 1998 (2): proceedings and remedies

2021 ◽  
pp. 114-129
Author(s):  
Howard Davis
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Legal Knowledge ◽  
Key Points ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Self Test ◽  
The Law ◽  
The Uk ◽  
The Right

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter continues the analysis of the Human Rights Act. It discusses how cases can be brought under the Human Rights Act 1998 (HRA) and what remedies are available from the courts if a violation of a Convention right is found. The aim here is to delve deeper into the issue of how the rights of the European Convention on Human Rights (ECHR) are given further effect in the law of the UK by the HRA. The main issues discussed in the chapter include the importance of remedies and Article 13 ECHR—the right to a remedy, procedural issues for seeking remedies under the HRA, and remedies available under the HRA.

6. Convention law: pervasive themes

2021 ◽  
pp. 130-146
Author(s):  
Howard Davis
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
European Convention ◽  
Legal Knowledge ◽  
The Rule Of Law ◽  
European Court ◽  
Margin Of Appreciation ◽  
Key Points ◽  
External Sources ◽  
Self Test

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses the various concepts that pervade the way the European Convention on Human Rights (ECHR) is interpreted and, therefore, how Convention rights under the HRA are applied. The chapter considers the internal and external sources used to interpret the text. It goes on to consider the concepts that the European Court of Human Rights has developed when applying the Convention. In particular the ‘living instrument’ doctrine, the idea of the rule of law, the margin of appreciation, proportionality, and democracy (in a Convention context) are considered and explored.

4. The Human Rights Act 1998 (1): rights and duties

2021 ◽  
pp. 66-113
Author(s):  
Howard Davis
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Legal Knowledge ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Key Points ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Self Test

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter traces the origins of the Human Rights Act, which came about due to a growing sense that UK law was failing to secure and keep pace with emerging international standards of human rights protection. It goes on thoroughly to explain, analyse, and illustrate the main terms of the Act. In particular the duty to interpret statutes for compatibility, if possible, with Convention rights; and the duty on ‘public authorities’ to act in ways which do not violate Convention rights. It considers the new constitutional settlement that the Act brings about and it discusses some of the controversies about its application that have arisen. The final section deals with possible reform.

DEMOCRACY AT THE SERVICE OF FOREIGN POLICY OF THE REPUBLIC OF SOUTH AFRICA

2019 ◽  
Author(s):  
A. FREDDIE
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Foreign Policy ◽  
Transition To Democracy ◽  
The Political ◽  
Political Activities ◽  
Foreign Policy Change ◽  
The Republic ◽  
Apartheid Regime

The article examines the place and role of democracy and human rights in South Africas foreign policy. The author analyzes the process of South Africas foreign policy change after the fall of the apartheid regime and transition to democracy. He gives characteristics of the foreign policy under different presidents of South Africa from 1994 to 2018 and analyzes the political activities of South Africa in the area of peacekeeping and human rights on the African continent.

Comparative Views on the Right to Vote in International Law

2018 ◽  
Author(s):  
Shai Dothan
Keyword(s):  
Human Rights ◽  
International Law ◽  
National Courts ◽  
European Court ◽  
Right To Vote ◽  
The Right ◽  
Democratic Elections ◽  
The Way

There is a consensus about the existence of an international right to vote in democratic elections. Yet states disagree about the limits of this right when it comes to the case of prisoners’ disenfranchisement. Some states allow all prisoners to vote, some disenfranchise all prisoners, and others allow only some prisoners to vote. This chapter argues that national courts view the international right to vote in three fundamentally different ways: some view it as an inalienable right that cannot be taken away, some view it merely as a privilege that doesn’t belong to the citizens, and others view it as a revocable right that can be taken away under certain conditions. The differences in the way states conceive the right to vote imply that attempts by the European Court of Human Rights to follow the policies of the majority of European states by using the Emerging Consensus doctrine are problematic.

Liberdade e Direitos Humanos no Pensamento de Richard Price

2005 ◽  
Vol 13 (25) ◽  
pp. 119-145
Author(s):  
José Gomes André ◽  
Keyword(s):  
Political Philosophy ◽  
Human Rights ◽  
Human Dignity ◽  
The Political ◽  
Political Expression ◽  
The Subject ◽  
The Individual ◽  
The Way

This paper is concerned with the political philosophy of Richard Price, analysing the way this author has developed the concept of liberty and the problem of human rights. The theme of liberty will be interpreted in a double perspective: a) in a private dimension, that sets liberty in the inner side of the individual; b) in a public dimension, that places it in the domain of a manifest action of the individual. We will try to show how this double outlook of liberty is conceived under the optics of a necessary complementarity, since liberty, which is primarily understood as a feature of the subject taken as an individual, acquires only a full meaning when she becomes efective in a comunitary field, as a social and political expression. The concept of human rights will appear located in this analysis, being defined simultaneously as condition and expression of the human dignity and happiness, at the same time natural attributes of an individual that should be cultivated and public effectiveness that contributes to the development of society.

14. Elements of defamation

2020 ◽  
pp. 329-359
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Tort Law ◽  
Legal Knowledge ◽  
Key Points ◽  
The Law ◽  
Defamation Law

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Defamation differs from other aspects of tort law because it is concerned with protecting against harm caused by words. The law of defamation is intended to provide compensation for people whose reputations have been damaged by untrue statements and it may allow one to obtain an interim injunction to stop a potentially defamatory statement from being published. This chapter discusses the human rights dimension in defamation and the procedural and substantive changes to defamation law introduced by the Defamation Act 2013. It also explores how to strike a balance between the competing rights of freedom of expression and protection of reputation.

2. Negligence: duty of care

2020 ◽  
pp. 23-58
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Duty Of Care ◽  
Physical Injury ◽  
Legal Knowledge ◽  
Property Damage ◽  
Key Points ◽  
History Of ◽  
The Way ◽  
Public Bodies

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Negligence is a tort in its own right and involves an unintentional wrong as opposed to trespass which involves an intentional wrong. It has three main elements: duty of care (whether the defendant owes the claimant a duty of care), breach (whether the defendant has breached that duty), and damage (whether that breach has caused damage of a legally recognized kind to the claimant). Duty of care is determined by proximity, foreseeability, and policy and is most likely to be established in cases of positive acts which cause physical injury or property damage. This chapter provides an overview of the history of negligence and discusses the function of duty of care in negligence. It also considers the way duty of care has been defined and developed and applies the principles of duty of care in the areas of omissions and liability of public bodies.

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