StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Law: Civil Liberties and Human Rights - Essay Example

Comments (0) Cite this document
Summary
When two young law partners, Samuel Warren and Louis Brandeis, wrote a piece on ‘Right to Privacy’ in 1890,1 they wouldn’t have contemplated that they were setting in motion a process which would ultimately culminate in a whole new branch of law of torts and would…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.9% of users find it useful
Law: Civil Liberties and Human Rights
Read TextPreview

Extract of sample "Law: Civil Liberties and Human Rights"

Download file to see previous pages a right of an individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct physical means or by publication of information.
Privacy, as a tort, treaded upon difficult pathways to secure a respectable position. Even in America, it was not accepted as a tort even years after the 1890 article4 was written. It took a considerable period of time before the Supreme Court of USA actually accepted the concept.5 The English lawyers in UK have always been sceptical about the effectiveness of general declarations for the protection of rights6 and the same holds true for right to privacy as well. Even in a recent ruling,7 the House of Lords has refrained from clearly spelling out the terms of right to privacy applicable in England.
Privacy, as understood in general sense, is an unwanted intrusion in one’s life. It, however, has a wider compass. On a general study, the trend of case-law and legislation is towards recognizing a “general right of freedom from emotional disturbance caused intentionally or by unreasonable conduct”.8 The law of privacy has four limbs and each has its own sphere of working:
It is imperative to now understand the international position on Right to Privacy, a concept that has been elevated to a human right by a series of international human right treaties and covenants.UK is signatory to the International Covenant on Civil and Political Rights, 1966. Article 17 of the said Covenant reads as under:
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others
It is in context of this small Article that the paper tries to discuss the changes in ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Law: Civil Liberties and Human Rights Essay Example | Topics and Well Written Essays - 4500 words”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1538290-law-civil-liberties-and-human-rights
(Law: Civil Liberties and Human Rights Essay Example | Topics and Well Written Essays - 4500 Words)
https://studentshare.org/miscellaneous/1538290-law-civil-liberties-and-human-rights.
“Law: Civil Liberties and Human Rights Essay Example | Topics and Well Written Essays - 4500 Words”, n.d. https://studentshare.org/miscellaneous/1538290-law-civil-liberties-and-human-rights.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Law: Civil Liberties and Human Rights

Problems of Human Activities

A lion’s share of the industrial, cultural and academic leadership is made up of the baby boomers. The baby boomers also have the highest median household income in the United States of America. An undue burden is being placed by these baby boomers on their children’s economy. They are in a state of denial regarding their aging and death and thereby they do not plan for their retirement. Since there is a too rapid decline in population the immigrants help in maintaining the fertility rate and population of the country. This too leads to a plethora of problems. These immigrants sometimes do not join the mainstream of their adopted country and live in groups following their own culture and customs instead of assimilating...
7 Pages(1750 words)Term Paper

Law of Financial Services

For instance, the European Commission’s Regulation No. 1049/2001 which very specifically details rules and regulations governing the public access to European Parliament, Council and Commission documents. Article 8 of the regulation states that “personal data shall only be transferred to recipients … (b) if the recipient establishes the necessity of having the data transferred …” (Regulation 1049/2001). Although this law is not at all related to the data protection of banks and their customers, it does give us an impression of how serious the EC is in protecting the integrity of data.
In saying that the laws that we have on data protection have adequately addressed the needs of banks and custom...
6 Pages(1500 words)Article

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

Universal Declaration of Human Rights

... international treaties that affirm human rights, and that these are binding on the signatory states. An assessment regarding the binding nature of the provisions of the UDHR was made in this work. The UDHR was instrumental in the development of international law, specifically the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Furthermore, the role of ICCPR and ICESCR, which derive from the UDHR were examined. This was done by referring to case law and opinions of various authors. It also analysed UN Charter provisions, such as the preamble, Article 1(3), 2, 13(1), 51, 55, 56, 62(2) and 68.3 This work arrived at conclusions, by establishing...
8 Pages(2000 words)Case Study

Issues Connected to Human Resources Management

Notably, management professionals would agree, HRM system is an integration of various management practices with ‘people’ at its prime focus (Jackson, Schuler & Werner, 2008); and, the common factor between business organisations and educational institutions is ‘people,’ although their goals differ. This could be one main reason for attempting to implement HRM in educational institutions, although it is customized to organisational benefit.

Halachmi’s (2002a) extensive analysis on performance measurement clearly indicates the need for performance measurement in order to achieve the goals; and, it, in turn, establishes targets aligned to organisational goals and expectations; makes evalu...
8 Pages(2000 words)Assignment

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages(1500 words)Case Study

The Relationship Between Common Law and Custom, Equity, and Books Of Authority

This follows the common law theory that cases that have a great deal of similarity should need to be dealt with similarly and decisions or court verdicts passed accordingly, although this may not be viewed as strict practice. Custom, as a historical source of law, could be said to be the legislative statutes or laws that need to be implemented from time to time, and could also be termed as statutory laws that monitor public conduct. Thus, it could be said that while regulatory laws are created and nurtured by legislations and regulations, through the executive powers enforced by executive branch agencies, this is done through the delegation of authority from the top downwards. However, in the case of common law or case law, decisi...
6 Pages(1500 words)Assignment

Analysis of Employement Law Cases

For instance, Section 82(1) of the Sex Discrimination Act 1975 provides statutory protection to workers who are working under a contract personally to execute any work or labor. It also covers self-employed people2.

Other statutes, such as the Working Time Regulations 19983 and the National Minimum Wages Act 19984, are appliable to workers, in addition to employees5. Hence, all these rights and protections are available to Fred, even if he were to be deemed a self-employed person.

Some of the more important rights bestowed upon employees by the employment law are the right to claim wrongful or unfair dismissal and payment for redundancy. Other legislation, such as the health and safety statute and the insolve...
7 Pages(1750 words)Case Study

Evaluation of the Role of Human Networks in Knowledge Creation and Knowledge Sharing Within Patni

The extensive literature review has been undertaken to justify the actions of Patni and to appreciate its initiatives that enhance employee participation. The steps taken by this Indian IT giant in institutionalizing organizational learning have been discussed largely from the perspective of human resource management and it has also been discussed as to how knowledge generation takes place within the organization.

This report will aim at critically evaluating the role of human networks in knowledge creation and knowledge sharing within Patni Computer Systems Ltd. (Patni). For this purpose, an extensive literature review will be undertaken and various theories pertaining to human resource management will be made use of....
6 Pages(1500 words)Case Study

Perspectives of Human Thought in Visual Arts

The different cultural expressions that are located within art are designed to create a specific expression for the art that is used.  This connects throughout time to create a universal expression that can be understood within the visual arts.  While each of these is based in a different medium and has specific techniques used for a certain time period, there is also a connection with the cultural and human experiences that are linked within this. The common function that is used in both of these is to create a perception of human thoughts for the culture of the time. This is achieved by using specific techniques and contrasts to achieve the end goal of identifying the thoughts of a time period.

The painting...
7 Pages(1750 words)Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Law: Civil Liberties and Human Rights for FREE!

Contact Us