scholarly journals À la recherche d'une protection efficace contre les inspections abusives de l'État : la Charte québécoise, la Charte canadienne et le Bill of Rights américain

2005 ◽  
Vol 27 (4) ◽  
pp. 723-784
Author(s):  
Lucie Angers
Keyword(s):  
United States ◽  
Human Rights ◽  
The United States ◽  
The State ◽  
Private Life ◽  
Search And Seizure ◽  
Bill Of Rights ◽  
Protection Of Human Rights ◽  
The Right ◽  
Proper Operation

Many laws in Canada and Québec grant rights of entry to inspectors responsible for looking after the proper operation of structures implemented by the State. From heavily regulated industrials to permit holders and simple citizens, everyone can expect someday to be paid a visit by an inspector. The question arises, however, as to whether the Canadian Charter of Rights and Freedoms and the Québec Charter of Human Rights and Freedoms may be resorted to so as to exercise control over possible abuses resulting from such inspections. These Charters provide security for the person against the State in these areas whether through the right to be protected from unreasonable search and seizure, the right to a private life or to the inviolability of the home. However, the means by which such rights shall be adequately protected are somewhat uncertain. Should this be done by the granting of an administrative warrant issued ex parte as in the United States ? Or by granting the same kind of warrant in the presence of both parties ? The granting of administrative subpoenas also may be a solution to be considered. But for both legal and administrative reasons, it seems that the best control to exercise over these entries would come from drafting well-defined powers of inspection into the law granting them, which would provide an adequate protection of human rights and freedoms.

What's Happening to the Right to a Fair Hearing

2008 ◽  
Vol 41 (3) ◽  
pp. 522-544
Author(s):  
Arthur Chaskalson
Keyword(s):  
United States ◽  
Human Rights ◽  
Due Process ◽  
The United States ◽  
Protection Of Human Rights ◽  
Fair Hearing ◽  
The Right ◽  
And Behavior ◽  
Attitudes And Behavior ◽  
The Impact

The policies of the U.S.—developed in response to the threat of terroism have been criticized. This is of importance, not only because of the harm it does to the United States own reputation, but because of the influence such measures have on other countries with less commitment to the protection of human rights than the United States has historically had. It is, however, a crucial issue because of the impact that such policies can have on the political will of the international community to respect and promote half a century of endeavor to build an international human rights culture, and on attitudes and behavior in countries affected by such measures. The exception becomes the rule; the temporary becomes permanent; and fairness and due process cease to have the meaning they once had. This Article's remarks are directed to the right to a fair hearing which must be seen, however, in a broader context as a concern about a discourse which, whilst retaining the label, seeks to change the content of established principles of human rights.

The Role of the Judge in Advancing Human Rights - Knight Errant or Slot Machine Automation?

1988 ◽  
Vol 57 (1) ◽  
pp. 29-46
Author(s):  
Justice Michael Kirby
Keyword(s):  
United States ◽  
Human Rights ◽  
Supreme Court ◽  
Common Law ◽  
The United States ◽  
Bill Of Rights ◽  
The Supreme Court ◽  
Long Time ◽  
Protection Of Human Rights

AbstractIn this paper, the author deals with the "role" of judges in "advancing" human rights. He cautions that the needs of different countries will vary. He starts with a reference to the recent failure of Judge Robert Bork to secure confirmation to the Supreme Court of the United States. Bork had been a long time proponent of judicial restraint in the interpretation of the Bill of Rights, urging that protection of human rights should normally be left to the democratically accountable branches of government - the executive and the legislature. After reviewing the theoretical and practical arguments for and against judicial restraint, the author states his own conclusions. These are that, especially where there is a constitutional charter of rights and particularly in common law countries, judges have an inescapable function in developing the law. Their decisions necessarily advance their view of human rights. In human rights cases, they may nowadays receive assistance from international statements of human rights and the jurisprudence developing around such statements. The author appeals for an international approach but acknowledges that this will be difficult for lawyers, traditionally jurisdiction bound. But he warns that there are limits to the activism of the judiciary in controversial human rights cases. Judges themselves do well to recognise these limits both for their legitimacy and their effectiveness. An important modern challenge to the judiciary is that of resolving this dilemma between the pressures for restraint and the urgency of action.

The Post-Deportation Human Rights Project: Participatory Action Research with Maya Transnational Families

2012 ◽  
Vol 34 (1) ◽  
pp. 22-26 ◽  
Author(s):  
M. Lykes ◽  
Erin McDonald ◽  
Cesar Boc
Keyword(s):  
United States ◽  
Human Rights ◽  
New England ◽  
Well Being ◽  
The United States ◽  
Immigrant Parents ◽  
Transnational Families ◽  
Southern New England ◽  
Immigrant Organizations ◽  
The Right

As the number of immigrants in the United States has increased dramatically in recent decades, so has the number of human rights violations against immigrants in the form of arrests without warrants, detention and deportation of parents without consideration of the well-being of their children, and incarceration without bail or the right to a public attorney. The Post-Deportation Human Rights Project (PDHRP) at Boston College was developed to investigate and respond to the legal and psychological effects of deportation policies on migrants living in or deported from the United States. This unique multidisciplinary project involves lawyers, social science faculty, and graduate students—all of whom are bilingual, one of whom is trilingual, and many of whom are bicultural—working together in partnership with local immigrant organizations to address the psychosocial impact of deportation on Latino and Maya families and communities. Our work includes psycho-educational and rights education workshops with immigrant parents and their children in southern New England as well as a cross-national project based in the U.S. and Guatemala supporting transnational families through participatory research, educational workshops, and legal resources.

The Movement

2012 ◽  
Author(s):  
Aryeh Neier
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Eighteenth Century ◽  
Human Rights ◽  
Driving Force ◽  
The United States ◽  
Feminist Movement ◽  
Human Rights Movement ◽  
Protection Of Human Rights ◽  
National Boundaries

This chapter explains that the driving force behind the protection of human rights worldwide, today and for roughly the past thirty-five years, has been the nongovernmental human rights movement. Intermittently during the last two-and-a-half centuries, citizens' movements did play important roles in efforts to promote human rights, as during the development of the antislavery movement in England in the eighteenth century and the rise of the feminist movement in the United States in the nineteenth century. The contemporary human rights movement responds to victories and defeats by shifting focus from time to time, but it shows signs that it will remain an enduring force in world affairs. Efforts by those outside governments have been particularly important in extending the protection of rights beyond national boundaries, and it is in the present era that they have been most significant.

1. Introduction

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Bill Of Rights ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
Human Rights Organizations ◽  
Protection Of Human Rights ◽  
The Right

This introductory chapter introduces the theme of this book, which is modern international human rights law. The book traces the unprecedented expansion in the internationally recognized rights of all people with acceptance of a human rights dimension to the quest for international peace and security following the formation of the United Nations in 1945. It examines the International Bill of Rights and the regional protection of human rights, and describes several human rights organizations including the Organization of American States and the African Union. The book discusses different types of rights, including the right to life, the right of liberty to persons, and the right to work, and also evaluates the monitoring, implementation, and enforcement of human rights laws.

Benign Discrimination and the Right to Equality

1974 ◽  
Vol 6 (1) ◽  
pp. 26-83 ◽  
Author(s):  
Gareth Evans
Keyword(s):  
United States ◽  
Human Rights ◽  
The United States ◽  
Preferential Treatment ◽  
Apparent Paradox ◽  
Supreme Courts ◽  
Formal Expression ◽  
Gareth Evans ◽  
The Social ◽  
The Right

Governments have been increasingly preoccupied with the task of reconciling claims to preferential treatment with the principle of equality. The social and philosophical issues raised by this apparent paradox are considered, and the compatibility of benign discrimination with the concept of equality demonstrated by developing a complex normative notion of equality. An analysis is then undertaken of the various attempts made by lawyers, in nearly one hundred existing bills of rights, to give formal expression to these principles. Ultimately the problem of benign discrimination falls for resolution by the courts, and the jurisprudence developed in this respect by the Supreme Courts of Canada and the United States is critically discussed and compared. Having exhaustively developed an appreciation of world experience regarding the interaction of bills of rights equality clauses and benign discrimination, consideration is given to the formulation of the Australian Human Rights Bill—a bill of which Gareth Evans was one of the principal draftsmen.

scholarly journals Tajemnica adwokacka jako element realizacji prawa do sprawiedliwego procesu sądowego oraz prawa do poszanowania korespondencji

2021 ◽  
Vol 33 (2) ◽  
pp. 7-21
Author(s):  
Natalia Banach ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
Fundamental Rights ◽  
Moral Norms ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The issue of exemption from the attorney-client privilege and the nature of this attorney-client privilege is widely discussed both in the literature on the subject and in the doctrine. In order to analyze this subject, it was necessary to interpret the provisions of the Law on the Bar Ac (26 May 1982), the provisions of the Code of Bar Ethics (23 December 2011) the Constitution of the Republic of Poland (2 April 1997), both guarantees enshrined in the Convention for the Protection of Human Rights and Fundamental Rights of liberty from 1950. The interpretation was made in conjunction with Polish case law common courts and case law of the European Court of Human Rights. This also presents the view of the polish Ombudsman’s Office. Given that the professional secrecy of lawyers is an inseparable element of justice, it would be wrong to omit the generally accepted moral norms of society in relation to the procedural role of a lawyer. The thesis put forward that the professional secrecy of lawyers is part of the implementation of the right to a fair trial and the right to respect for private life. The purpose of the work was to emphasize the essence of lawyers’ secrecy as an inseparable element of defense of the parties to the proceedings and to indicate interpretation differences between Polish courts and the case law of the European Court of Human Rights.

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