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ECHR Article 3
Article 3 of the European Convention on Human Rights prohibits torture, and "inhuman or degrading treatment or punishment". An absolute right Article 3 is an absolute right. The right is unqualified and cannot be balanced against the rights and needs of other people or the greater public interest. Article 15(2) of the European Convention on Human Rights makes no provision for derogation from Article 3, even in times of war or other public emergency threatening the life of the nation. Positive obligation There is a positive obligation on states to take action to ensure that individuals are protected from torture, inhuman or degrading treatment or punishment. In the case of ''A v UK 998' the law in the United Kingdom on lawful chastisement of children was held to breach Article 3. The European Court of Human Rights (ECtHR) believed that the current law provided inadequate protection to children suffering from different types of degrading punishment. As a result, the UK amende ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast, it shares land borders with Pakistan to the west; China, Nepal, and Bhutan to the north; and Bangladesh and Myanmar to the east. In the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives; its Andaman and Nicobar Islands share a maritime border with Thailand, Myanmar, and Indonesia. Modern humans arrived on the Indian subcontinent from Africa no later than 55,000 years ago., "Y-Chromosome and Mt-DNA data support the colonization of South Asia by modern humans originating in Africa. ... Coalescence dates for most non-European populations average to between 73–55 ka.", "Modern human beings—''Homo sapiens''—originated in Africa. Then, int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Climate Change Litigation
Climate change litigation, also known as climate litigation, is an emerging body of environmental law using legal practice to set case law precedent to further climate change mitigation efforts from public institutions, such as governments and companies. In the face of slow politics of climate change delaying climate change mitigation, activists and lawyers have increased efforts to use national and international judiciary systems to advance the effort. Climate litigation typically engages in one of five types of legal claims: Constitutional law (focused on breaches of constitutional rights by the state), administrative law (challenging the merits of administrative decision making), private law (challenging corporations or other organizations for negligence, nuisance, etc., fraud or consumer protection (challenging companies for misrepresenting information about climate impacts), human rights (claiming that failure to act on climate change fails to protect human rights). Since t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term ''rape'' is sometimes used interchangeably with the term ''sexual assault.'' The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Positive Obligations
Positive obligations in human rights law denote a State's obligation to engage in an activity to secure the effective enjoyment of a fundamental right, as opposed to the classical negative obligation to merely abstain from human rights violations. Classical human rights, such as the right to life or freedom of expression, are formulated or understood as prohibitions for the State to act in a way that would violate these rights. Thus, they would imply an obligation for the State not to kill, or an obligation for the State not to impose press censorship. Modern or social rights, on the other hand, imply an obligation for the State to become active, such as to secure individuals' rights to education or employment by building schools and maintaining a healthy economy. Such social rights are generally more difficult to enforce. Positive obligations transpose the concept of State obligations to become active into the field of classical human rights. Thus, in order to secure an individual' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Government
ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal Arms , date_established = , state = United Kingdom , address = 10 Downing Street, London , leader_title = Prime Minister (Rishi Sunak) , appointed = Monarch of the United Kingdom (Charles III) , budget = 882 billion , main_organ = Cabinet of the United Kingdom , ministries = 23 ministerial departments, 20 non-ministerial departments , responsible = Parliament of the United Kingdom , url = The Government of the United Kingdom (commonly referred to as British Government or UK Government), officially His Majesty's Government (abbreviated to HM Government), is the central executive authority of the United Kingdom of Great Britain and Northern Ireland. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grand Chamber Of The European Court Of Human Rights
The Grand Chamber of the European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ... (ECtHR) consists of 17 judges of the ECtHR and is convened in exceptional cases. Its verdicts cannot be appealed. The Grand Chamber may be convened either by referral or relinquishment. Referral is based on one of the parties appealing a ruling made by a chamber of the court, but the court only agrees to convene the Grand Chamber in exceptional cases. Relinquishment means that a chamber of the court decides not to hear the case itself but instead leaves the Grand Chamber to hear the case. Until 1 August 2021, when Protocol 15 to the European Convention on Human Rights came into effect, parties to the case had the right to object to relinquishment. References Further re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Prisoners With Whole-life Tariffs
This is a list of prisoners who have received a whole life order, formerly called a whole life tariff, through some mechanism in jurisdictions of the United Kingdom. From the introduction of the whole life order system in 1983 until an appeal by a prisoner named Anthony Anderson (murderer), Anthony Anderson in 2002, a whole life order was set by government ministers. Thereafter only a judicial body could decide to impose such an order. The effect of a whole life order is that the prisoner serves the sentence of life imprisonment without the possibility of parole. Whole life orders have been reportedly issued in approximately 100 cases since introduction in 1983, although some of these prisoners have since died in custody, or had their sentences reduced on appeal. By 2017, there were believed to be at least 75 prisoners currently serving Life imprisonment (England and Wales)#Whole life order, whole life sentences in England and Wales. These include some of Britain's most notorious c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jeremy Bamber
Jeremy Nevill Bamber (born Jeremy Paul Marsham; 13 January 1961) is a British convicted murderer. He was convicted of the 1985 White House Farm murders in Tolleshunt D'Arcy, Essex, in which the victims included Bamber's adoptive parents, Nevill and June Bamber; his adoptive sister, Sheila Caffell; and his sister's six-year-old twin sons, Daniel and Nicholas Caffell. Returning a majority guilty verdict, the jury found that, after committing the murders to secure a large inheritance, Bamber had placed the rifle in the hands of his 28-year-old sister, who had been diagnosed with schizophrenia, to make the scene appear to be a murder–suicide. Bamber is serving life imprisonment with a whole life tariff, meaning that he has no possibility of parole.David James Smith"And by dawn, they were all dead" ''The Sunday Times Magazine'', 11 July 2010webcite. He has repeatedly applied unsuccessfully to have his conviction overturned or his whole life tariff removed; his extended family ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice Act 1988
The Criminal Justice Act 1988 (c 33) is an Act of the Parliament of the United Kingdom. Title The title of this Act is: Unduly lenient sentences In England and Wales, the Act granted the Attorney General the power to refer sentences for certain offences to the Court of Appeal if the Attorney General feels that the sentence was unduly lenient, which is sometimes called the 'unduly lenient sentence scheme'. This provision entered into force in 1989, with its first application being in July of that year. The controversially-low sentences given to the rapists of Jill Saward was one impetus for the scheme, which was justified as ensuring that public trust in justice was maintained by correcting gross errors; in a 2022 answer to a question in parliament, the Government said that the scheme ensures that punishment is aligned with the severity of the crime and assures victims that "justice will be served". The Law Commission is reviewing the law around criminal appeals and the u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment
The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was adopted by the member states of the Council of Europe, meeting at Strasbourg on 26 November 1987. After the European Convention on Human Rights, the Convention for the Prevention of Torture is widely regarded as being one of the most important of the Council of Europe's treaties. The Convention marks a fresh and preventive approach in handling human rights violations. It was subsequently amended by two Protocols. Additionally, the Committee for the Prevention of Torture was established to comply with the provisions of the convention. This body is enabled to visit any place within the jurisdiction of the states' parties where people are deprived of their liberty in line with the articles of the convention. As of 2020, the convention has been ratified by all 47 of the Council of Europe's member states. Furthermore, the ratification of the convention has become a pre-condition f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Nations Convention Against Torture
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention Against Torture (UNCAT)) is an international human rights treaty under the review of the United Nations that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world. The Convention requires member states to take effective measures to prevent torture in any territory under their jurisdiction, and forbids member states to transport people to any country where there is reason to believe they will be tortured. The text of the convention was adopted by the United Nations General Assembly on 10 December 1984 and, following ratification by the 20th state party, it came into force on 26 June 1987. 26 June is now recognized as the International Day in Support of Victims of Torture, in honor of the convention. Since the convention's entry into force, the absolute prohibition against torture a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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