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Human rights protection and protection in EU
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Since the enactment of the Human Rights Act 1998 (HRA) a resistance is marked by the English judges in relation to disputes involving children. English courts have a difficult task in balancing the interests of parents and children since the welfare principle only looks at the interests of the child. Contrary article 8 of the European Convention on Human Rights (ECHR) gives precedence to the rights of parents. Consequently are these two principles in conflict? Before answering this question, it is better to take things from the beginning. When a court is dealing with proceedings relating to a child, section 1 of the Children Act 1989 (CA 1989) governs that the court’s paramount consideration shall lie with the child’s welfare. The term paramount was explained by Lord Macdermott in J v C which means ‘that the child’s welfare is to be treated as the top item in a list of items relevant to the matter of question’. His Lordship went on to explain that when all the relevant facts and circumstances are taken into account and weighed, the outcome chosen by the court is based on the interests of the relevant child. Therefore any other party’s interest is only considered as far as it contributes to promote the child’s best interest. Herring characterises the present law of the welfare principle is individualistic . A ceaseless debate has begun between several writers about the potential conflict between the welfare principle and the ECHR. Article 8 provides that there should be respect for everybody’s right to private and family life. This right is subject to certain restrictions as specified in article 8(2). The European Court on Human Rights (ECtHR) has been referred children’s rights. In Johansen v Norway it considere... ... middle of paper ... ...tion and the welfare principle: a thesis of conflict resolution' [2014] Fam.Law, 44(Mar), 331-334 • Herring J., ‘The Human Rights Act and the welfare principle in family law – conflicting or complementary?’ [1999] C.F.L.Q.11 (3), 223-235 • Ifezue G. Rajabali M., ‘Protecting the interests of the child’ [2013] Cambridge Journal of International and Comparative Law 1: 77–85 • Reece H., ‘The paramountcy principle Consensus or construct?’ [1996] 49 Current Legal Problems p. 267-304 • Simmonds C., ‘Paramountcy and the ECHR: a conflict resolved? [2012] Cambridge Law Journal Vol. 71 Issue 3, 498-201 Books • Choudhry S., Herring J. ‘European Human Rights and Family Law’ (Hart Publishing, 2010) • Gilmore S., Glennon L., ‘Hayes and Williams’Family Law’ (3rd edition, Oxford 2012) Websites • assessed in 29th April 2014
In this essay I hope to analyse the 31st amendment to the Constitution by firstly, evaluating it's purpose and secondly, comparing it to previous case law and predicting it's legal impact. It is firstly helpful to note that the article being amended is relating to the welfare of children . It is arguable that the, Consitution has prevoiusly failed in it's protection for children and so this amendment is aiming to tackle this failure and offer children stronger protection. Below I will give an evaluation of the amendments and the impact these amendments may have, from a legal perspective.
The objective of this essay is to appraise at the HRA 1998, in terms of its enactment, application, practicability, and commitment to its principles. Furthermore, one will critically analyse the importance of the aforementioned act from a social worker’s perspective. One believes that the social workers must be familiar with the British law system and The Human Rights Act of 1998 and its capability of upholding and safeguarding the human rights. Furthermore, the social workers must know how to apply the aforementioned act as a tool for the betterment of their practice and the service users whom they represent.
Swan, Rita. 2010. “Equal rights for children under the law” Children’s Healthcare Is a Legal Duty, Inc
C. Cobley & N. Lowe, ‘Interpreting the Threshold Criteria Under Section 31(2) of the Children Act 1989 – the House of Lords Decision in Re B’ (2009) Modern Law Review 72 (3)
The ethical issues surrounding this Act is who’s rights are more important, the right of the parent to have their child with them, or the right of the child to live happily and without fear of abuse. This also applies to schools The Data Protection Act of 1998 means that service users have a right to keep private information confidential, but it also means that they have a responsibly in relation to the rights of other service users. The confidentiality must be kept within certain borderlines, and can be broken when other service user’s rights come into conflict. Certain information may need to be passed to a senior member of staff when there is someone in danger.
Importantly, the crux of this question mainly lies on a critical analysis on Harris’s statement on the application margin of appreciation under Art.2. and Art. 8 of European Convention on Human Rights (hereinafter referred to as ‘ECHR’). In examining Harris’s statement , it simply denotes that the application of the convention may often be varied because of the absence of consensus probably due to cultural relativism or pluralism. It has been propounded that human rights is universal , but it is inevitable for each country to adopt different practices and perception.
Wells, Karen C.. "rescuing children and children's rights." Childhood in a global perspective. Cambridge, UK: Polity Press, 2009. 168-169. Print.
Howe, R.B. & Covell, K. (2007). Children's Rights in Canada. A Question of Commitment. Waterloo, Ontario. Wilfrid Laurier University Press.
Parton, N., Thorpe, D. and Wattam, C. (1997) Child Protection Risk and Moral Order, London: Macmillan
About 25 years ago, UNICEF enacted the Convention of the Rights of the Child. This document lists 54 articles concerning every single right every single child should have regardless of race, sex, location, religion, etc.. This document also contains three optional protocols directed
Post, S. G. (2004). Children: II rights of children. In Encyclopedia of bioethics (3 ed., Vol. 1, pp. 385-387). New York, NY: Macmillan Reference USA.
This essay will discuss the impact Human Rights Law has upon the aspects of domestic family law in the United Kingdom in relation to abortion. It will analyse and provide insight into how Human Rights Law has impacted, if at all, on the law of abortion, as a medical intervention, within the United Kingdom. This essay aims to use case law and legislation as a main source but other sources will be utilised to construct a logical argument on this topic. The essay will focus primarily on abortion law and decisions within the United Kingdom and several other European countries. With specific reference to the United Kingdom, the following Articles of the European Convention on Human Rights shall be considered;
Reich, Charles A. "Individual Rights and Social Welfare: The Emerging Legal Issues." The Yale Law Journal 74.7 (1965): 1245-257. JSTOR. Web. 30 Jan. 2012. .
While there is no clear definition for ‘human rights’, it is possible to describe them as basic moral and legal rights that all people have, simply in virtue of their humanity. Although human rights are traditionally associated with being civil and political rights, they also include socioeconomic rights. Focusing on a political conception of human rights, it is important to note that not every question of social justice is a human rights issue. Despite UN declarations, many do not consider poverty a violation of human rights. Severe poverty, traditionally defined in terms of low income, concerns insecurity caused by a lack of resources. By the UN dividing its human rights law into two separate treaties, countries are able to endorse civil
Julia S., Children's Rights in Africa: A Legal Perspective. Burlington: Ashgate Publishing Ltd. 2013. Print.