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We are the prosecuting stance in the Pizarro vs. human rights case. Pizarro began his voyage by holding 3 Indians as “captives” for the use of interpreters. By definition, captive means enslaved or imprisoned, in other words against their own will. This breaks article 4 of the human rights act which states no one shall be held in slavery. Furthermore, Article 2 states, everyone is entitled to all rights and freedoms without distinction of any kind, such as religion. These rights were broken as Pizarro and his men forced their Christian religion among the Indians. The Indians refused, and instead of acknowledging those rights possessed, they disregarded them. They violated Article 18 which grants everyone the right to freedom of religion, to
Both Canada and the US have ideological duties to defend human rights. Being relatively young nations, both were conceived in a time when respect for civil liberties was growing and the idea of democracy was flourishing. While most of Europe developed democracy and current values and beliefs over centuries of monarchical rule, North America merely inherited the system from its European roots. Thus Canada and the US grew from a fundamental basis of independence and freedom, which developed into the conviction that both nations boast of today. It is because of this faith that the governments should take tougher actions against persistent human rights violators in order to protect the values of its citizens as democratic institutions. A democratic government, in theory, holds responsibility to its citizens and acts in accordance with the wishes of the citizens. (Lizhi 168) A recent p...
Ernesto Miranda from Phoenix, Arizona was a poor man. He was arrested due to circumstantial evidence from a woman that recognized him in a police lineup for violently assaulting her. A few short days later, Ernesto Miranda was charged with the rape and kidnapping of the woman. Once in police custody, he was interrogated for about an estimated time of two hours with no attorney present. The police officers that questioned him did not inform him of his Fifth Amendment rights in contrast to self incrimination and the Sixth Amendment right to have an attorney present in the mist of being questioned. During his interrogation, he orally confessed and also confessed in writing to the all crimes he was being charged with. In his written statement,
Bartolomé de Las Casas is the first people who promote the human rights in the world. In the short-term, his effort makes American native people no longer be enslaved by Spanish colonist. The book A Short Account of the Destruction of The Indies is a very important historical documents which record Spanish colonists’ atrocities. In the long-term, his opinion about the human rights has built a good preparation for the future
The Government of the United States, going against Mr.Padilla’s Constitutional rights and not providing him an opportunity to contest the legality of his detention, comprises the value of the Government’s accountability as a law-abiding state. In this particular case, it appears that government officers, including the president, believe that they should be able to do what is against pre-existing laws, if it is necessary to the preservation of the state and its citizens. However, this view raises some serious problems. If committed to a principle Rule of Law, one should never expect the government to act in an illegal way. The Rule of Law refers to “an end state in which all individuals and institutions, public and private, and the state itself are held accountable to the law, which is supreme” (Rule, n.d.). Therefore, the Rule of Law states, that every citizen is subject to the law, including the lawmakers themselves. All government officers of the States, including the president, the Justice of the Supreme Court, and all members of Congress, pledge to uphold the Constitution; affirming that the Rule of Law is superior to the rule of any human leader (Vile, 2006).
justice has also been denied to them. For more than a century the rights of
(a) Prosecutors have nearly limitless discretion in the most critical matters they must consider, yet they are held to very high ethical standards.
Mahoney, Marvellous Richness of Diversity or Invidious Cultural Relativism? 12 Human Rights Law Journal 1, 5( 1998)
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
General Motors is one of the world's most dominant automakers from 1931. After 1980s economic recession the main goal for automobile companies was cost reduction. Customers became more price-sensitive. Also Japanese competitors came into market with the new effective system of production. So market was highly competitive and directed toward price reduction. The case states that in 1991 GM suffered $ 4.5 billion losses and most part of the costs of manufacturing was due to purchased components. GM NA hired Lopez in order to find the way from "extraordinary" situation and reduce costs.
Cuba had a rapidly changing law system starting in 1959 and settling into the current law traditions around the 1990 's with the dissolving of the Soviet Union, one of its strongest allies. Cuba follows a civil law tradition, in which the laws that must be followed are from already established codes. Garcia, Iran and Maria Olivas. (N.d). Cuba also has an "inquisitorial system" that it follows for criminal procedure that shares similarities to other nations such as France and Spain. The courts in Cuba also has a separation on the criminal courts and the prosecutors.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
113-117 Human Rights: Politics and Practices. Oxford: Oxford University Press, 2009.
“The common outcry, which is justly made on behalf of human rights - for example, the right to health, to home, to work, to family, to culture - is false and illusory if the right to life, the most basic and fundamental right and the condition of all other personal rights is not defended with maximum determination.” -- Pope John Paul II
[online] Available from: http://hdr.undp.org/reports/view_reports.cfm?year=2000&country= 0& region = 0& type = 0& theme = 0> [Accessed 2 March 2011]. Charney, E., (1999) Cultural Interpretation and Universal Human Rights: A Response to Daniel A. Bell.
An individual does not make a community, and a community does not make a society. In order to have a functioning and prosperous society, one must relinquish some free will in return for protection. According to John Stuart Mill’s On Liberty, there are certain rights of the individual which the government may never possess. Centuries after the publication of Mill’s Essay, the court case Gonzales v. O Centro Espirita Beneficente Uniao do Vegeta l, 546 U.S. 418 (2006) challenged the protective role of government against the free exercise of religion.