Human Rights Law - Essay Example

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Human Rights Law Name Institution Professor Date Human Rights Law Human rights can be described as fundamental rights, which every human being is entitled to. The rights can be either natural or legal with regard to national as well as international perspective…
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Human Rights Law
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Download file to see previous pages These are; civil and political rights; and economic, social and cultural rights. With regard to civil and political rights, every human being is protected from abuse of power by politicians who are known to pursue their own interests and thereby overlooking the common interests of the public. These rights include, right to life, right to vote and freedom of association1. Concerning the economic, social and cultural rights, every human being has a right to live a decent life. In addition to this, every person is entitled to the essential needs necessary for the sake of survival of every human being. These rights include, right to work as well as right to proper health. With reference to the discussion question given, this paper will discuss how the margin of appreciation operates with regards to human rights and whether the supervision provided by the court was adequate. This paper will also demonstrate detailed knowledge and understanding of the main concepts, principles and rules of human rights law. It will also analyze how human rights protect the rights of every single human being in the society regardless of their gender, ethnicity and status. The term ‘margin of appreciation’ is a concept that has been adopted by the European Court of Human Rights when it comes to considering whether a member state of the European Convention on Human Rights has infringe the convention in one way or the other. This margin of appreciation allows courts to take into consequence the idea that the Convention will be deduced differently in the different member states. This is the cases when it comes to article 9 of the European Convention on Human Rights which states that every person has a freedom of thought, conscience and religion. This includes the right to change religion alone or as a community and he/she can either do it privately or publicly. It also continues to say that the freedom to manifest one’s religion or beliefs shall be subject to such limitations as are prescribed by the law in the interest of public safety. In the case of Open Door and Dublin Well Woman vs. Ireland (1992) 15 EHRR, the European Court of Human Rights upheld the Ireland Supreme Court’s injunction that restrained counseling agents from providing information facilities abroad to pregnant women because it violated Article 10 of the Convention for the protection of Human Rights and Fundamental Freedoms. The injunction specifically interfered with two non profit organizations, Open Door Counseling Ltd. and Dublin Well Woman Centre Ltd that provided pregnancy related information to pregnant women. None of the two organizations upheld or encouraged abortion in any way. In addition to that the court further upheld Ireland’s restriction that interfered with the freedom of the women to access information. The injunction had a unbalanced impact in that in prohibited counseling regardless of age, health or circumstances of the pregnant women, this was because Ireland has a legitimate interest in protecting the life of the unborn. It was also noted by the court, that terminating of these pregnancies at later stages without adequate counseling posed a health risk to these women. The margin of appreciation doctrine in the jurisprudence of articles 8 to 11 involves qualified rights which are not absolute and have associated limitations that are expressed within the right itself. The first paragraph of each article states the right, while the second allows the State to breach its negative ...Download file to see next pagesRead More
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