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A working definition of human rights & the ECHR, looking at the Freedom under the Constitution: Human Rights and Civil Liberties in English Law prior to 2000 - Essay Example

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Such rights as right to life, prohibition of slavery, right to liberty and security, freedom of assembly and association, right to marry and…
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A working definition of human rights & the ECHR, looking at the Freedom under the Constitution: Human Rights and Civil Liberties in English Law prior to 2000
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Download file to see previous pages In contrast to two articles mentioned this article does not provide us with any information on what torture or inhuman and degrading treatment might be. In my opinion it would be appropriate to be more specific in this case and define precisely what kind of treatment is meant by these terms. In case of torture one could at least rely on common knowledge about this process which implies the infliction of severe mental or physical pain to a person, wherever degrading treatment is more partial term.
Most of the rights mentioned in the convention can be limited by the Government in the interest of the nation. These interests are defined as the interests of national security for the prevention of crimes or for the protection of other individuals. In my opinion the interests mentioned can be broadly interpreted by the Government, yet in modern era of the fight against terrorism they are frequently used to protect public. Understandably such freedoms as freedom of thoughts and religion, expression and assembly can be limited by the Government if for instance they are used to incite violent actions or disorder.
2) Limitations mentioned are explained by the phrase “…as prescribed by law and are necessary in a democratic society….” Many countries have already signed the convention and the governments of the nations intend to respect major rights defined in it. However, the countries mentioned have their own national laws that might limit certain activities of their citizens and some of the rights mentioned in convention can be restricted by national laws of the countries.
One of the major responsibilities of every government is to preserve the right and order in its country. That is why some of the freedoms can be limited, because their limitations deem to be necessary in order to maintain order.
3) The convention covers major rights and freedoms that should be protected in the ...Download file to see next pagesRead More
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