P4 Describe the Legal and Human Rights That Protect Citizens in the Uk

If you can prove that an authority has infringed one of the rights recognised by the Convention, you can act by: The Council of Europe Commissioner for Human Rights should not be confused with the United Nations Commissioner for Human Rights. Universities also have a special duty, imposed in 1986, to “ensure that freedom of expression is guaranteed to members within the framework of the law.” and for guest speakers and are not denied use of the premises based on their opinions or objectives. [262] This does not mean, however, that student unions cannot protest or that universities cannot ban lecturers on the basis of likely threats to property or good order. [263] Unusually, in Hubbard v. Pitt decided that a real estate agent might be able to sue a group of protesters for private harassment for distributing leaflets and posting posters opposing them, on the grounds that it frustrated their business. Lord Denning MR disagreed and would have considered the protesters reasonable, there was no harassment at common law, and any picket was lawful if he received or communicated information for the purpose of peaceful persuasion. [264] Whenever a picket is organized as part of the “examination or promotion of a trade dispute,” it is legal,[265] mushroom workers who distribute leaflets to customers outside a supermarket to boycott their employers` mushrooms have acted legally, even if it has caused economic harm to employers. [266] The European Court of Human Rights in Strasbourg is famous for several reasons, but perhaps most importantly because it gives life and meaning to the text of the ECHR. One of its main advantages is the system of compulsory jurisdiction, which means that once a state ratifies or accedes to the ECHR, it automatically submits to the jurisdiction of the European Court of Justice. Human rights proceedings may be instituted against the State party from the date of ratification. Another reason for its success is the strength of the Court`s judgment. States must comply with the final decision. Compliance with them is monitored by the Committee of Ministers of the Council of Europe.

In all cases brought before the European Court of Justice, the procedure also provides for the possibility of an amicable settlement based on mediation between the parties. The Court has evolved over time. When it was founded in 1959, it was only a part-time court working with the European Commission of Human Rights. With the increase in the number of cases, a full-time court became necessary, which was established in November 1998. This increase in the number of cases is clear evidence of the Court`s success, but this workload also compromises the quality and efficiency of the system. People know that the court is there and can intervene if they feel that their fundamental rights are being violated; However, the authority and effectiveness of the ECHR at the national level should be ensured in accordance with the “principle of subsidiarity”, which states that states that states have the primary responsibility to prevent and remedy human rights violations when they occur. Traditional cultural practices reflect the values and beliefs of community members for periods of time, often over generations. Every social group in the world has specific traditional cultural practices and beliefs, some of which are beneficial to all members, while others are harmful to a particular group, such as women. These harmful traditional practices include: female genital mutilation (FGM); force-feeding of women; early marriage; the various taboos or practices that prevent women from controlling their own fertility; food taboos and traditional childbirth practices; the son`s preference and its impact on the daughter`s status; female infanticide; early pregnancy; and the price of the dowry. Despite their harmful nature and violation of international human rights law, these practices persist because they go unquestioned and take on an aura of morality in the eyes of those who practice them. The practical right to freedom of expression is restricted by (1) irresponsible media ownership, (2) censorship and obscenity laws, (3) violations of public order, and (4) the law on defamation and breach of trust.

First, although anyone can stand at Speakers` Corner, Parliament Square or Trafalgar Square and speak freely to a crowd,[213] the channels of communication with the largest audiences belong to large companies:[214] three Internet media networks,[215] five television networks,[216] and six corporate-owned newspaper groups, [217] Almost all of which aim to ensure that shareholders demand a profit. [218] This means that most of the most broad speech is designed to be compatible with generating advertising revenue and shareholder profits for the newspaper, television or Internet company, and controllers decide which speech or images are acceptable, unless the law creates other rights. While there are unclear limits to the mutual ownership of television and newspapers,[219] there is no regulation, but there is no separate regulation of advertising activities and Internet media platforms when their interests conflict with public objectives. Sections 319 to 321 of the Communications Act 2003 regulate television (but not explicitly internet broadcasts or newspapers) to ensure that different views are heard, to limit discriminatory broadcasts or to put an end to misleading information, and to provide for a complaints procedure. [220] The transparent and publicly accountable system of television media regulation in the United Kingdom is still considered compatible with freedom of expression. [221] Two of the British broadcasters, the BBC and Channel 4, are state-owned and responsible through a government-supervised appointment process on market terms. However, most TV channels are financed by advertising revenue. There is also no regulation of standards for internet media, although the House of Commons Fake News Committee called for the same regulation as on television after Facebook data theft and psychologically targeted political ads were used by “Vote Leave” in the 2016 Brexit inquiry. [176] Its main protection is provided at the UN level by the 1989 Convention on the Rights of the Child (CRC), the most widely ratified convention (ratified not only by the United States and Somalia). The four fundamental principles of the Convention are: non-discrimination; the obligation to safeguard the best interests of the child; the right to life, survival and development; and respect for the views of the child. At the African level, the African Charter on the Rights and Welfare of the Child sets out the fundamental rights of the child, taking into account the unique factors of the continent`s situation. It entered into force in 1999.

The Covenant on the Rights of the Child in Islam was adopted by the Organization of the Islamic Conference in 2004. The ASEAN Commission on the Promotion and Protection of the Rights of Women and Children was inaugurated in April 2010. The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse entered into force on 1 July 2010. This Convention is the first instrument to criminalize the various forms of sexual abuse of children, including those committed in the home or in the family. EU law has also played a crucial role in ensuring equality and combating discrimination in the UK. It was EU law that led to the first laws in the UK prohibiting discrimination on the basis of age, religion and sexual orientation. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) defines torture as “severe physical or mental pain” (Article 1.1) intentionally inflicted to obtain information, as punishment or coercion, or as a result of discrimination.