Savoy scrapbook

1996 ◽  
Vol 25 (1) ◽  
pp. 162-166 ◽  
Author(s):  
Julian Petley

A legal column dedicated to the memory of Bernie Simons (1941-1993), radical lawyer and defender of human rights In a liberal society, issues of civil liberties and free expression are generally fought out on the margins of public debate, as Savoy publishers discovered when their Lord Horror ran foul of the law

Author(s):  
Ruth Costigan ◽  
Richard Stone

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This introductory chapter provides an overview of the main themes covered in the present volume. It first considers the political context in which the discussion of the law is to take place. It then discusses human rights and civil liberties; the meaning of rights; protection of rights and liberties within the UK Constitution; the international context of the monitoring of human rights; and the European Convention on Human Rights.


2020 ◽  
Vol 6 (1) ◽  
pp. 94-126
Author(s):  
Hwian Christianto

The Law no 11 of 2008 contains a penal rule against spreading hatred by the means of the internet (or digital social media). The enforcement of this penal sanction, due to its vagueness on the meaning of the term hate and spread of hate, consequently result in a public debate on how it impacts on people’s right of free expression. Apparently this vagueness opens up the possibility to limit even suppress freedom of expression. Using a juridical normative approach, this article discusses the leitmotiv of the above penal sanction.  The author suggests that the express purpose of this article is to secure the unity and integrity of a pluralistic society. 


Author(s):  
Jacob Tron

 “One man’s terrorist is another man’s freedom fighter” - How well does the current law relating to proscription of terrorist organisations protect the public and does this law encroach on an individual’s Human Rights?This article will critically analyse and evaluate the Terrorism Act 2000, in particular s.3 and the powers of proscription, in terms of restrictions to human rights and civil liberties, as well as assess the classification of a terrorist and the issues regarding its wide-reaching definition.


KALAM ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 135
Author(s):  
Muh. Tasrif

This paper discusses human right and the law of In the Reform Era, the existence of the Republic of Indonesia Presidential Decree No. 1/1965 About Prevention against Blasphemy came into a public debate. Many observers and human rights activists saw that the law is not compatible with the principles of freedom of religion guaranteed by the Constitution of 1945 and human rights. On the contrary, many leaders of Islamic organizations saw that the Law is in accordance with respect for religious freedom. Based on this context, it is interesting to raise questions of how to understand blasphemy in Islam in the perspective of human rights and its implications upon the Law in Indonesia. To answer the questions, I attempt to explain the terms used in conceptualizing actions of blasphemy. The explanation is followed by looking at forms of action of the Prophet Muhammad against perpetrators of blasphemy and interpreting it with the perspective of human rights and its implications upon the law in Indonesia. In this article, it is argued that measures of ignorance, rejection, abuse, and insult against the religion of Islam did not cause the Prophet punish the actors. The Prophet punished the actors based on that the actions had prevented Muslims from practicing their religion.In the perspective of human rights, to express a particular interpretation of religion and to seek support for the interpretation become part of freedom of religion and belief and also part of freedom of speech. For this reason, to put forward an interpretation of any religion can not be punished.


2002 ◽  
Vol 30 (4) ◽  
pp. 594-607 ◽  
Author(s):  
Gregory M. Herek

As Jonathan Mann observed, the problem of AIDS-related stigma is inextricably bound to issues of health, human rights, and the law. Such stigma translates into feelings of fear and hostility directed at people with HIV. It finds expression in avoidance and ostracism of people with HIV, discrimination and violence against them, and public support for punitive policies and laws that restrict civil liberties while hindering AIDS prevention efforts. Being the target of stigma inflicts pain, isolation, and hardship on many people with HIV, while the desire to avoid it deters some from being tested for HIV, seeking treatment, or practicing risk-reduction.


Author(s):  
Yaroslav Skoromnyy ◽  

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


Author(s):  
Ronnie Mackay ◽  
Warren Brookbanks

Fitness to plead is an area of growing importance in most Western jurisdictions. It challenges the justification for criminalisation wherever a person’s mental capacity calls into question their ability to participate meaningfully in a trial. However, the doctrine has proven difficult to apply in practice, with many legislative models represented across the jurisdictions. How best to formulate rules for the fair trial of those with mental or physical incapacity and how to manage the issue of disposition following a finding of unfitness is a challenge in most countries. These and other issues are explored in this book through the insights of domestic and international scholars who are familiar with the law around unfitness to stand trial. This chapter broadly describes the fundamental parameters and human rights aspects of the fitness-to-plead doctrine, and concludes with a brief account of the essential elements of each chapter.


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