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Living Instrument Doctrine
The living instrument doctrine is a method of judicial interpretation developed and used by the European Court of Human Rights to interpret the European Convention on Human Rights in light of present-day conditions. The doctrine was first articulated in '' Tyrer v. United Kingdom'' (1978), and has led both to different rulings on certain issues as well as evaluating the human rights implications of new technologies. Origin and development The living instrument doctrine has been used from the beginning by the European Court of Human Rights. It was first articulated during the case '' Tyrer v. United Kingdom'' (1978). In ''Tyrer'' the court rejected the argument that because people in the Isle of Man approved of judicial corporal punishment, such could not be a violation of Article 3 of the European Convention on Human Rights. The judgement stated that "The Court must also recall that the Convention is a living instrument which, as the Commission rightly stressed, must be interpreted ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Interpretation
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review. For example, the United States Supreme Court has decided such topics as the legality of slavery as in the ''Dred Scott'' decision, and desegregation as in the '' Brown v Board of Education'' decision, and abortion rights as in the ''Roe v Wade'' decision. As a result, how justices interpret the constitution, and the ways in which they approach this task has a political aspect. Terms describing types of judicial interpretation can be ambiguous; for example, the term ''judicial conservatism'' can vary in meaning depending on what is trying to be "conserved". One can look at judicial interpr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sheffield And Horsham V United Kingdom
Sheffield is a city in South Yorkshire, England, whose name derives from the River Sheaf which runs through it. The city serves as the administrative centre of the City of Sheffield. It is historically part of the West Riding of Yorkshire and some of its southern suburbs were transferred from Derbyshire to the city council. It is the largest settlement in South Yorkshire. The city is in the eastern foothills of the Pennines and the valleys of the River Don with its four tributaries: the Loxley, the Porter Brook, the Rivelin and the Sheaf. Sixty-one per cent of Sheffield's entire area is green space and a third of the city lies within the Peak District national park. There are more than 250 parks, woodlands and gardens in the city, which is estimated to contain around 4.5 million trees. The city is south of Leeds, east of Manchester, and north of Nottingham. Sheffield played a crucial role in the Industrial Revolution, with many significant inventions and technologi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Personal Data
Personal data, also known as personal information or personally identifiable information (PII), is any information related to an identifiable person. The abbreviation PII is widely accepted in the United States, but the phrase it abbreviates has four common variants based on ''personal'' or ''personally'', and ''identifiable'' or ''identifying''. Not all are equivalent, and for legal purposes the effective definitions vary depending on the jurisdiction and the purposes for which the term is being used. Under European and other data protection regimes, which centre primarily on the General Data Protection Regulation (GDPR), the term "personal data" is significantly broader, and determines the scope of the regulatory regime. National Institute of Standards and Technology Special Publication 800-122 defines personally identifiable information as "any information about an individual maintained by an agency, including (1) any information that can be used to distinguish or trace an i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Internet Freedom
Internet freedom is an umbrella term that encompasses digital rights, freedom of information, the right to Internet access, freedom from Internet censorship, and net neutrality. Some believe that Internet freedom is not a human right. They think this because putting something like Internet freedom as a human right could weaken what human rights stand for. Going along with this, people pay for, own, and operate these servers and saying someone has a right to them which makes it a claim of entitlement. Some countries limit what their citizens can watch and view on the Internet to varying degrees. "In June 2012, it was declared a human right by the United Nations Human Rights Council." Some countries have attempted to ban certain sites and or words that would limit internet freedom. "Since the 1990s, European regulators have held American technology firms to higher standards of privacy and competition than American regulators have required them. European regulators have also sought ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Biotechnology
Biotechnology is the integration of natural sciences and engineering sciences in order to achieve the application of organisms, cells, parts thereof and molecular analogues for products and services. The term ''biotechnology'' was first used by Károly Ereky in 1919, meaning the production of products from raw materials with the aid of living organisms. Definition The concept of biotechnology encompasses a wide range of procedures for modifying living organisms according to human purposes, going back to domestication of animals, cultivation of the plants, and "improvements" to these through breeding programs that employ artificial selection and hybridization. Modern usage also includes genetic engineering as well as cell and tissue culture technologies. The American Chemical Society defines biotechnology as the application of biological organisms, systems, or processes by various industries to learning about the science of life and the improvement of the value of materials ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oliari And Others V Italy
''Oliari and Others v. Italy'' (Application nos. 18766/11 and 36030/11) is a case decided in 2015 by the European Court of Human Rights (ECtHR) in which the Court established a positive obligation upon member states to provide legal recognition for same-sex couples. Background The ECtHR previously held in ''Schalk and Kopf v. Austria'' (2010) that the Convention does not oblige member states to open marriage to same-sex couples, but if there is a different type of partnership scheme, same-sex couples may not be excluded per '' Vallianatos and Others v. Greece'' (2013). Same-sex marriage is not legal in Italy, nor did the country at the time of the case provide any other type of recognition for either opposite-sex or same-sex couples. The applicants were six Italian men (three same-sex couples) who submitted their cases in 2011 after Italian courts rejected their application to marry. Judgment The Court held that Italy violated Article 8 of the European Convention on Human Right ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Same-sex Couples
A same-sex relationship is a Romance (love), romantic or Human sexuality, sexual relationship between people of the same sex. ''Same-sex marriage'' refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries where same-sex marriage does not. The term ''same-sex relationship'' is not strictly related to the sexual orientation of the participants. As people of any orientation may participate in same-sex relationships (particularly depending on the legal, social and scientific definition of sex), some activists argue that referring to a same-sex relationship as a "gay relationship" or a "lesbian relationship" is a form of bisexual erasure. In history The lives of many historical figures, including Socrates, Alexander the Great, George Gordon Byron, 6th Baron Byron, Lord Byron, Edward II of England, Edward II, Hadrian, Julius Caesar, Michelangelo, Donatello, Leonardo da Vinci, Oscar Wilde, Vita Sackville-West, Alfon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Orientation
Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generally subsumed under heterosexuality, homosexuality, and bisexuality, while asexuality (the lack of sexual attraction to others) is sometimes identified as the fourth category. These categories are aspects of the more nuanced nature of sexual identity and terminology. For example, people may use other labels, such as ''pansexual'' or '' polysexual'', or none at all. According to the American Psychological Association, sexual orientation "also refers to a person's sense of identity based on those attractions, related behaviors, and membership in a community of others who share those attractions". ''Androphilia'' and ''gynephilia'' are terms used in behavioral science to describe sexual orientation as an alternative to a gender binary conce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ethnicity
An ethnic group or an ethnicity is a grouping of people who identify with each other on the basis of shared attributes that distinguish them from other groups. Those attributes can include common sets of traditions, ancestry, language, history, society, culture, nation, religion, or social treatment within their residing area. The term ethnicity is often times used interchangeably with the term nation, particularly in cases of ethnic nationalism, and is separate from the related concept of races. Ethnicity may be construed as an inherited or as a societally imposed construct. Ethnic membership tends to be defined by a shared cultural heritage, ancestry, origin myth, history, homeland, language, or dialect, symbolic systems such as religion, mythology and ritual, cuisine, dressing style, art, or physical appearance. Ethnic groups may share a narrow or broad spectrum of genetic ancestry, depending on group identification, with many groups having mixed genetic ancestry. Ethni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Differential Treatment
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obscenity
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be used to indicate strong moral repugnance and outrage, in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to graphic depictions of people engaged in sexual and excretory activity, and related utterances of profane speech. United States obscenity law In the United States, issues of obscenity raise issues of limitations on the freedom of speech and of the press, which are otherwise protected by the First Amendment to the Constitution of the United States. Federal obscenity law in the U.S. is unusual in that there is no uniform national standard. Former Justice Potter Stewart of the Supreme Court of the United States, in attempting to classify what material constituted exactly "what is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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