Human Rights and Legislative Supremacy

2013 ◽  
Author(s):  
Anthony Mason
Keyword(s):  
Human Rights ◽  
Hong Kong ◽  
United Kingdom ◽  
New Zealand ◽  
The United Kingdom ◽  
European Court ◽  
Conditioning Effect

This chapter outlines the measures implemented for the protection for human rights available in New Zealand, Australia, and Hong Kong. It examines the influence of jurisprudence from the United Kingdom and European Court of Human Rights on those systems, and traces the conditioning effect of the doctrine of legislative supremacy on the development and implementation of rights instruments in New Zealand and Australia.

scholarly journals Protection Against Slavery in New Zealand

2015 ◽  
Vol 46 (1) ◽  
pp. 185 ◽  
Author(s):  
Katja Heesterman
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
New Zealand ◽  
Modern Human ◽  
Current Treatment ◽  
Bill Of Rights ◽  
Modern Problem ◽  
The United Kingdom ◽  
Modern Slavery ◽  
European Court

The decision of the European Court of Human Rights in CN v The United Kingdom highlighted that slavery remains a modern problem. It may no longer resemble the traditional picture of slavery dramatically presented by Hollywood but it is no less an issue. Modern slavery is less visible; it is hidden away within homes, normal workplaces or in overseas factories. This article argues that New Zealand's current treatment of slavery is inadequate, exemplified by the absence of prosecutions. Thorough protection of slavery requires clear definitions that courts can easily apply. This article explores how the New Zealand Bill of Rights Act 1990 could be used to remedy this situation. This article argues for the application of the Drittwirkung concept to give a horizontal effect to a right against slavery. Furthermore it is argued that New Zealand is under positive obligations to actively prevent rights violations, not merely avoid them. These positive obligations are a key component of modern human rights jurisprudence and can be read into the New Zealand Bill of Rights Act 1990. This article speculates that one action courts could take is to undertake the development of a tort action against slavery.

scholarly journals Human Rights in Hong Kong

1999 ◽  
Vol 29 (1) ◽  
pp. 45
Author(s):  
Robin Cooke
Keyword(s):  
Human Rights ◽  
Hong Kong ◽  
United Kingdom ◽  
New Zealand ◽  
Constitutional Law ◽  
Common Law ◽  
Human Rights Law ◽  
The United Kingdom ◽  
The World ◽  
The Republic

In this address to the UNDR commemorative seminar in April 1998 Lord Cooke speaks of human rights, his current judicial roles and the prospects for a common law of the world. Lord Cooke discusses the importance of human rights law in both substance and implementation. The author reports on the process of implementing constitutional law and human rights in New Zealand, Samoa, the Republic of Fiji, the United Kingdom, and Hong Kong. 

scholarly journals Protection Against Slavery in New Zealand

2021 ◽  
Author(s):  
◽  
Katja Heesterman
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
New Zealand ◽  
Modern Human ◽  
Current Treatment ◽  
Bill Of Rights ◽  
Modern Problem ◽  
The United Kingdom ◽  
Modern Slavery ◽  
European Court

<p>The European Court of Human Rights decision in CN v The United Kingdom highlighted that slavery remains a modern problem. It may no longer resemble the traditional picture of slavery dramatically presented by Hollywood but it is no less on an issue. Modern slavery is less visible; it is hidden away within homes, normal workplaces or in overseas factories. This paper argues that New Zealand’s current treatment of slavery is inadequate exemplified by the absence of prosecutions. Thorough protection of slavery requires clear definitions that courts can easily apply. This paper explores how the Bill of Rights could be used to remedy this situation. This paper argues for the application of the Drittwirkung concept to give a horizontal effect to a right against slavery. Furthermore it is argued that New Zealand is under positive obligations to actively prevent rights violations, not merely avoid them. These positive obligations are a key component of modern human rights jurisprudence and can be read into the New Zealand Bill of Rights Act 1990. This paper speculates that one action courts could take is to undertake the development of a tort action against slavery.</p>

scholarly journals Protection Against Slavery in New Zealand

2021 ◽  
Author(s):  
◽  
Katja Heesterman
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
New Zealand ◽  
Modern Human ◽  
Current Treatment ◽  
Bill Of Rights ◽  
Modern Problem ◽  
The United Kingdom ◽  
Modern Slavery ◽  
European Court

<p>The European Court of Human Rights decision in CN v The United Kingdom highlighted that slavery remains a modern problem. It may no longer resemble the traditional picture of slavery dramatically presented by Hollywood but it is no less on an issue. Modern slavery is less visible; it is hidden away within homes, normal workplaces or in overseas factories. This paper argues that New Zealand’s current treatment of slavery is inadequate exemplified by the absence of prosecutions. Thorough protection of slavery requires clear definitions that courts can easily apply. This paper explores how the Bill of Rights could be used to remedy this situation. This paper argues for the application of the Drittwirkung concept to give a horizontal effect to a right against slavery. Furthermore it is argued that New Zealand is under positive obligations to actively prevent rights violations, not merely avoid them. These positive obligations are a key component of modern human rights jurisprudence and can be read into the New Zealand Bill of Rights Act 1990. This paper speculates that one action courts could take is to undertake the development of a tort action against slavery.</p>

To Discriminate in Order to Fight Discrimination

2017 ◽  
Author(s):  
Dolores Morondo Taramundi
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
The Other ◽  
The United Kingdom ◽  
European Court ◽  
Main Technique ◽  
Antidiscrimination Law ◽  
The One ◽  
Paradoxical Results ◽  
Conflicts Of Rights

This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. Through discussion of Ladele and McFarlane v. The United Kingdom, a case before the European Court of Human Rights, the chapter examines how the construction of this kind of controversy in terms of ‘competing rights’ or ‘conflicts of rights’ seems to produce paradoxical results. Assessment of these apparent difficulties leads the discussion in two different directions. On the one hand, some troubles come to light regarding the use of the conflict of rights frame itself in the field of antidiscrimination law, particularly in relation to the main technique (‘balancing of rights’) to solve them. On the other hand, some serious consequences of the conflict of rights frame on the development of the antidiscrimination theory of the ECtHR are unearthed.

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