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Tyrer V. The United Kingdom
''Tyrer v. the United Kingdom'' (application No. 5856/72) was a case decided by the European Court of Human Rights in 1978. Facts Mr Tyrer, then aged 15, was given three strokes of the birch in 1972 in the Isle of Man, according to the local juvenile court's sentence for unlawful assault occasioning actual bodily harm. Birching was conducted by policemen in private, in the presence of Tyrer's father and a doctor; Tyrer was made to take down his trousers and underpants and bend over a table. Judgment By a majority of six votes to one, the court held Tyrer's birching to constitute degrading treatment contrary to the Article 3 of the European Convention on Human Rights. Significant conclusions of the case included that "the Convention is a living instrument which, as the Commission rightly stressed, must be interpreted in the light of present-day conditions. In the case now before it the Court cannot but be influenced by the developments and commonly accepted standards in the pena ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manfred Nowak
Manfred Nowak (born 26 June 1950 in Bad Aussee) is an Austrian human rights lawyer, who served as the United Nations Special Rapporteur on Torture from 2004 to 2010. He is Secretary General of the European Inter-University Center for Human Rights and Democratisation (EIUC) in Venice, Italy; Professor of International Human Rights and Scientific Director of the Vienna Master of Arts in Human Rights and the Ludwig Boltzmann Institute of Human Rights and a former judge at the Human Rights Chamber for Bosnia and Herzegovina. In 2016, he was appointed Independent Expert leading the United Nations Global Study on Children Deprived of Liberty. Career Nowak was a student of Felix Ermacora, and cooperated with him until Ermacora's death in 1995. They co-founded the ''Ludwig Boltzmann Institut für Menschenrechte'' (with Hannes Tretter) in 1992. In addition to his function as Professor of Constitutional and International Law and Human Rights at Vienna University, Nowak was: * Director ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corporal Punishment Case Law
Corporal is a military rank in use in some form by many militaries and by some police forces or other uniformed organizations. The word is derived from the medieval Italian phrase ("head of a body"). The rank is usually the lowest ranking non-commissioned officer. In some militaries, the rank of corporal nominally corresponds to commanding a section or squad of soldiers. By country Argentina NCOs in the Argentine Armed Forces are divided into junior and senior NCOs, with three and four ranks, respectively. The three junior ranks are called "corporal" (cabo) in both the Navy and the Air Force, while in the Army the third rank is called "sergeant" (sargento). National Gendarmerie and Coast Guard junior NCOs ranks are similar to those in the Army and Navy, respectively. Australia Corporal is the second lowest of the non-commissioned officer ranks in the Australian Army, falling between lance-corporal and sergeant. A corporal is usually appointed as a section commander ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manx Law
The legal system on the Isle of Man is Manx customary law, a form of common law. Manx law originally derived from Gaelic Brehon law and Norse Udal law. Since those early beginnings, Manx law has developed under the heavy influence of English common law, and the uniqueness of the Brehon and Udal foundation is now most apparent only in property and constitutional areas of law. Precedent Manx law has a distinct system of insular binding precedent based on cases brought before the Island's courts. Precedents in the English legal system, when relevant and applicable, are persuasive upon the Manx courts. The supreme court for the Isle of Man is the Judicial Committee of the Privy Council. The Isle's traditional local appellate court is the Staff of Government Division. Statute In addition to precedent, the laws of the Island develop through statute from two main sources: Acts of Tynwald (known as insular legislation) and Acts of Parliament in Westminster. The power of the United King ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foreign Relations Of The Isle Of Man
The Isle of Man is not part of the United Kingdom, but to a large extent its relations with other countries are handled by the United Kingdom. Legal status of the island In various laws of the United Kingdom, "the United Kingdom" is defined to exclude the Isle of Man. Such laws include the Colonial Laws Validity Act 1865, the Interpretation Act 1889, the Royal and Parliamentary Titles Act 1927, the British Nationality Act 1948, the Interpretation Act 1978, the Isle of Man Act 1979, the Royal Assent to Legislation (Isle of Man) Order 1981 and the Statute Law Revision (Isle of Man) Act 1991. The UK Ministry of Justice has stated in respect of the Isle of Man and the Channel Islands that: International identity Historically, the UK has taken care of its external and defence affairs, and retains paramount power to legislate for the Island. However, in 2007, the Isle of Man and the UK signed an agreement that established frameworks for the development of the international ident ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spanking
Spanking is a form of corporal punishment involving the act of striking, with either the palm of the hand or an implement, the buttocks of a person to cause physical pain. The term spanking broadly encompasses the use of either the hand or implement, the use of implements can also refer to the administration of more specific types of corporal punishment such as caning, paddling and slippering. Some parents spank children in response to undesired behavior. Adults more commonly spank boys than girls both at home and in school. Some countries have outlawed the spanking of children in every setting, including homes, schools, and penal institutions, while others permit it when done by a parent or guardian. Terminology In American English, dictionaries define spanking as being administered with either the open hand or an implement such as a paddle. Thus, the standard form of corporal punishment in US schools (use of a paddle) is often referred to as a ''spanking''. In North Ameri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Human Rights Cases Involving The United Kingdom
European, or Europeans, or Europeneans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western countries * ''European'', an adjective referring to something of, from, or related to the European Union ** Citizenship of the European Union ** Demographics of the European Union In publishing * ''The European'' (1953 magazine), a far-right cultural and political magazine published 1953–1959 * ''The European'' (newspaper), a British weekly newspaper published 1990–1998 * ''The European'' (2009 magazine), a German magazine first published in September 2009 *''The European Magazine'', a magazine published in London 1782–1826 *''The New European'', a British weekly pop-up newspaper first published in July 2016 Other uses * * Europeans (band), a British post-punk group, from Bristol See also * * * Europe (disambi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 3 Of The European Convention On Human Rights
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] |
Dissenting Opinion
A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise holding of the majority opi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Birching
Birching is a form of corporal punishment with a birch rod, typically applied to the recipient's bare buttocks, although occasionally to the back and/or shoulders. Implement A birch rod (often shortened to "birch") is a bundle of leafless twigs bound together to form an implement for administering corporal punishment. Contrary to what the name suggests, a birch rod is not a single rod and is not necessarily made from birch twigs, but can also be made from various other strong and smooth branches of trees or shrubs, such as willow. A ''hazel rod'' is particularly painful; a bundle of four or five hazel twigs was used in the 1960s and 1970s on the Isle of Man, the last jurisdiction in Europe to use birching as a judicial penalty. Another factor in the severity of a birch rod is its size—i.e. its length, weight and number of branches. In some penal institutions, several versions were in use, which were often given names. For example, in Dartmoor Prison the device used to pun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gerald Fitzmaurice
Sir Gerald Gray Fitzmaurice (24 October 1901 – 7 September 1982)''Judge Sir Gerald Fitzmaurice and the Discipline of International Law: Opinions on the International Court of Justice, 1961-1973'', J. G. Merrills, ed. (Martinus Nijhoff, 1998) p99 was a British people, British barrister and judge. He was a member of the Permanent Court of Arbitration between 1964 and 1973 and a Judge of the International Court of Justice between 1967 and 1973, before becoming a Judge of the European Court of Human Rights at Strasbourg in 1974. Early life and education He was born on 24 October 1901, the eldest son of Admiral (Royal Navy), Vice-Admiral Maurice Swynfen Fitzmaurice, Sir Maurice Swynfen Fitzmaurice and Mabel Gertrude Gray, in Storrington, Sussex. He studied at Malvern College and at Gonville and Caius College, University of Cambridge, Cambridge, where he gained a Bachelor of Arts and Bachelor of Laws in 1924. While at Gonville and Caius, Fitzmaurice was a pupil of Arnold McNair ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it has 46 member states, with a population of approximately 675 million; it operates with an annual budget of approximately 500 million euros. The organisation is distinct from the European Union (EU), although it is sometimes confused with it, partly because the EU has adopted the original Flag of Europe, European flag, created for the Council of Europe in 1955, as well as the Anthem of Europe, European anthem. No country has ever joined the EU without first belonging to the Council of Europe. The Council of Europe is an official United Nations General Assembly observers, United Nations Observer. Being an international organization, the Council of Europe cannot make laws, but it does have the ability to push for the enf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
