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the charter of right and freedom
the charter of right and freedom
the charter of right and freedom
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Rights, Duties and Freedoms
Under the Human Rights Act 1998, which came into force in October 2000, there are certain rights and freedoms that are protected. The significance of this act is to offer legal rights to everyone in a democratic country. The United Kingdom does not have a written constitution, this is very unusual in a democracy, and our rights and freedoms have traditionally been protected by a presumption that we are free to do anything that is not covered by a specific forbidding law or piece of legislation. Under the Human Rights Act we now have that written confirmation of our rights, duties and freedoms. Anyone withholding those rights, for example wrongful imprisonment or racism is now liable for prosecution and possible imprisonment.
A citizen acquires certain rights at certain ages.
Sue for personal injury From birth
Watch a film with `U? classification 5
Watch a `PG? film with parents or guardian 5
Drink alcohol at home, if an adult provides it. 8
Fully criminally responsible 10
Be given a supervision order as a criminal sanction 10
Legally capable of rape 10
Be sent to a Secure training centre as a criminal sanction 12
Consent to sex, but if an adult obliges they are guilty of a criminal offence 13
Drink alcohol in a licensed premises if it is with a meal 16
Marry with judicial/ parental consent 16
Consent to heterosexual sex 16
Purchase cigarettes 16
Drive a car 17
Marry without consent 18
Have homosexual relations 18
Sent to prison 18
Make a will 18
Eligible to vote 18
Full legal rights in contract 18
Buy alcohol ...
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...bout of sadomasochism to one consenting couple, could be classed as actual bodily harm and assault, even torture and degradation to a judge and jury, therefore infringing human rights, as in the case of Simon Slingsby 1995 who accidentally injured his wife during sexual intercourse, causing her internal injuries, which later became septic and death followed. The murder charge he faced was later dropped to manslaughter where he was found guilty of committing a dangerous or unlawful act.
Britain has been governed by parliament for many centuries, each new parliament bringing with it new legislation in keeping with the demands of developing industry, and public and private citizens. These laws have kept Britain adequately ruled over the years, but there have been many breaches of citizen?s human rights. Since the Human Rights Act 1998 came into force, these rights have been upheld and maintained, with those who breach these rights paying the price through the courts. Acts of discrimination, for example racism and disability, have been largely ended, making society able to live in harmony with its neighbours.
Bibliography
English Legal System Elliot and Quinn 5th Edition.
In “Four Human Rights Myths” Susan Marks discusses several conceptions (or misconceptions according to her) about human rights. She begins her paper with a case study of the 2011 London riots and how distinctively different is their coverage by the British prime minister and two scholars.
Sexual assault is the act of sexual intercourse without consent of the other person according to New South Wales Consolidation Act of 1900 (Austlii 2011) and is also described by the Australian Standard Offence Classification as ‘non-consensual’ acts or intents of sexual nature (ASOC 2008, p. 31) has become one of the most predominate crimes creating social harm in Australia. Social harm is defined as the negative influence through consequences impacting from the individual to the living conditions of the surrounding public (Cain & Howe 2008, p. 26). Sexual assault poses a social threat to all aspects of community, spreading insecurity in the 9000 victims across Australia and 1900 victims in NSW alone as indicated in the Australian Bureau of Statistics Crime Victimisation Report (ABS 2011, p. 40). This is supported by the victimization rate of all sexually assaulted victims between ages 10 to 14 being 4 times greater than all the other age groups (ABS 2010). Another major issue within the boundaries of sexual assault is that it holds one of the lowest prosecution rates with only 1 in 10 incidents able to prosecute the offender as guilty (Fitzgerald 2006, Pg. 1). The abundance of statistics and reports conducted all imply that sexual assault is still a predominate issue of crime within Australia.
Before any legislation could be implemented, a definition of human rights had to be compiled and accepted. The Universal Declaration of Human Rights (UDHR) was approved in 1948 by th...
In the summer of 1787, delegates from the 13 states convened in Philadelphia and drafted a remarkable blueprint for self-government, the Constitution of the United States. The first draft set up a system of checks and balances that included a strong executive branch, a representative legislature and a federal judiciary. The Constitution was remarkable, but deeply flawed. For one thing, it did not include a specific declaration, or bill, of individual rights. It specified what the government could do but did not say what it could not do. For another, it did not apply to everyone. The "consent of the governed" meant propertied white men only. The Bill of Rights did not come from a desire to protect the liberties won in the American Revolution, but rather from a fear of the powers of the new federal government.
Consent is known as the permission, or approval of a certain action. A current debate in today’s society is about consent during sexual relations. This is a very controversial subject due to the fact that there are so many different scenarios that come into play when you are talking about consent between parties. When discussing consent, there are many different topics that come into play depending on who you are talking to. In my opinion, one of the most important things that come into play when discussing this topic is respecting who you are with.
In 1791, the Bill of Rights, consisting of 10 amendments, was ratified into the constitution. The document’s purpose was to spell out the liberties of the people that the government could not infringe upon. Considered necessary by many at the time of its development, the Bill of Rights became the cause for a huge debate between two different factions: The Federalists and the Anti-Federalists. The Federalists were those who thought that there should be a new Union created with a strong centralized government and individual regional governments. They felt that it was not necessary for there to be a bill of rights because it was implied that those rights the Constitution did not specifically state would be handed down to the states. On the other hand, the Anti-Federalists were opposed to such a form of government on the grounds that the Constitution, in which it was outlined, lacked clarity in the protections of the individuals. The Anti-Federalists—whose memory of British oppression was still fresh in their minds—wanted certain rights and guarantees that were to be apart of the constitution (Glasser 1991). A clear demonstration of the Anti-Federalist attitude was performed by Samuel Bryan, who published a series of essays named the ‘Cenitnal Essays,’ which “assailed the sweeping power of the central government, the usurpation of state sovereignty, and the absence of a bill of rights guaranteeing individual liberties such as freedom of speech and freedom of religion (Bran 1986).” Of course, the freedoms stated above are a portion and not the whole of The Bill of Rights. Ultimately, The Bill of Rights was adopted to appease the Anti-Federalists, whose support was necessary to ratify the constitution, and who believed that without the liberties granted therein, the new constitution—that they thought was vague and granted too much power to the central government—would give way to an elite tyrannical government.
When watching (Welcome to Leith) in class, I spent most of my time watching the other students. I wanted to see how they were reacting. I say that knowing that this movie was made to appeal to person emotions and not their rational side. With incidents such as the one in the film and around the country, it can be easy for people to just say to shut them up or even just jail them. Some may react in a way where they want to run them out of town and may even want to do so with violence. But what about peoples rights? Do they keep any of them if we just don’t like them, or like what they have to say? Or are they entitled to them no matter what they do as long as they don’t interfere with the rights of others? Or do we take them away just
To understand what sadomasochism really is, you need to know how it came about and what the definition is. The concept of sadism was brought about by a man by the name of the Marquis de Sade (1740-1814). The Marquis de Sade was a French soldier and writer who from the time he was a young nobleman consorted with prostitutes and developed a taste for sexual perversions. He was later imprisoned on several occasions for his harsh abuse of the prostitutes. After arriving at the Bastille in 1784 he began writing erotic novels in which he gave full expression to his sexual fantasies. His most famous work of literature was The Adversities of Virtue (1787). His works are highly known for their very graphic descriptions of sexual perversions. His last years were spent in an insane asylum at Charenton, where he wrote plays for his fellow inmates to perform. His compulsion for physically and sexually abusing others is what brought about sadism. The definition of sadism is as follows: 1. the deriving of sexual gratification of the tendency to derive sexual gratification from inflicting pain or emotional abuse on others. 2. The deriving of pleasure, or the tendency to derive pleasure, from cruelty. 3. Extreme cruelty. 4. The act or an instance of deriving sexual gratification from infliction of pain on others. 5. A psychological disorder in which sexual gratification is derived from infliction of pain on others. 6. Sexual pleasure obtained by inflicting harm (physical or psychological) on others. 7. A sexual perversion in which gratification is obtained by the infliction of physical or mental pain on others. (www.dictionary.com/sadism)
Since the beginning of American history, citizens who resided the country lacked the basic civil rights and liberties that humans deserved. Different races and ethnicities were treated unfairly. Voting rights were denied to anyone who was not a rich, white male. Women were harassed by their bosses and expected to take care of everything household related. Life was not all that pretty throughout America’s past, but thankfully overtime American citizens’ civil liberties and rights expanded – granting Americans true freedom.
We live in the 21st century, where most Americans mind their own business but take for granted our God given rights. Not only God given rights but also those established by our founding forefathers. This paper will illustrate and depict the importance of the original problems faced when adopting the Constitution and the Bill of Rights. It will discuss the importance of the first amendment, the due process of the 4th, 5th, 6th, and the 8th amendments. Last but not least the importance of what is known as the “second Bill of Rights” (14th amendment).
The human rights act 1998 came into force in the United Kingdom in October 2000. A humans right to freedom of expression comes under article 10 and includes freedoms to “hold opinions and to receive and impart information and ideas without inference by public authority and regardless of frontiers.” (EHRC, 2014) although in the circumstance that a citizens freedom of expression is challenged the law also states. “The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society” (EHRC, 2014)
...r an affirmative consent standard, the law presumes that a woman does not grant consent unless she is asked. The responsibility will be on the male to demonstrate such consent if the woman, in her complaint, alleges no such consent was given; therefore, it will be his story of the events of the evening that is under examination by the court, rather than that of the woman. What affirmative consent represents, then, is a shift in the way society, and in particular the courts, look at the process of consenting to sexual intercourse. Affirmative consent recommends that sex should be viewed as an act that should be entered into willingly by both parties and that the opinion of both parties is equally valid in the eyes of the legal system. Affirmative consent marks a model of sexual interaction where both participants take responsibilities for their desires and actions.
The charter of rights and freedoms is a historic piece of written regulation in the Canadian constitution, where, everyone in Canadian society have become loose in deciding on the lifestyles, people preferred (freedom) underneath the law. It has furnished a whole new identity to the kingdom and have become the symbol of freedom and equality beneath the law, as well as, among different nations around the arena. at the side of the charter, got here freedom and stepped forward legal guidelines approximately multiculturalism and spiritual expressions. Cultures and non secular organization had been given permission to exercise their traditions and values in the society without worry of dilemma.
consent by use of force or threat. According to the constitution of Korea, if someone commits
In 1948 the Universal Declaration of Human rights were devised (UDHR). Everyone has the right to liberty, life, freedom from fear and violence. The obligation to protect individuals and groups the States is required to shield them against human rights abuses (United Nations 2013) The Human Rights Act became effective in the UK in 2000. The purpose of the Human Rights Act is t...