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Right To An Effective Remedy
The Right to an effective remedy is the right of a person whose human rights have been violated to legal remedy. Such a remedy must be accessible, binding, capable of bringing perpetrators to justice, provide appropriate reparations, and prevent further violations of the person's rights. The right to an effective remedy guarantees the individual the ability to seek remedy from the state directly rather than through an international process. It is a practical means of protecting human rights on the state level and requires the state to not just protect human rights de jure but also in practice for individual cases. The right to an effective remedy is commonly recognized as a human right in international human rights instruments. The right to an effective remedy is expressed in Article 8 of the Universal Declaration of Human Rights, Article 2 of the International Covenant on Civil and Political Rights, Article 13 of the European Convention on Human Rights, and Article 47 of the Europe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in Municipal law, municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being Universality (philosophy), universal, and they are Egalitari ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Asylum Seeker
An asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum (i.e., international protection) in that other country. An asylum seeker is an immigrant who has been forcibly displaced and might have fled their home country because of war or other factors harming them or their family. If their case is accepted, they become considered a refugee. The terms ''asylum seeker'', ''refugee'' and ''illegal immigrant'' are often confused. A person becomes an asylum seeker by making a formal application for the right to remain in another country and keeps that status until the application has been concluded. The relevant immigration authorities of the country of asylum determine whether the asylum seeker will be granted protection and become an officially recognized refugee or whether asylum will be refused and the asylum seeker becomes an illegal immigrant who may be asked to leave the country and may even be deported. In North Ameri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To A Fair Trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation. Definition in international human rights law The right to fair trial is very helpful to explore in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused is proven guilty, in Articles 6, 7, 8 and 11, the ke ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in Municipal law, municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being Universality (philosophy), universal, and they are Egalitari ... [...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] |
Torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts carried out by the state, but others include non-state organizations. Torture has been carried out since ancient times. In the eighteenth and nineteenth centuries, Western countries abolished the official use of torture in the judicial system, but torture continued to be used throughout the world. A variety of methods of torture are used, often in combination; the most common form of physical torture is beatings. Since the twentieth century, many torturers have preferred non-scarring or psychological methods to provide deniability. Torturers are enabled by organizations that facilitate and encourage their behavior. Most victims of torture are poor and marginalized people suspected of crimes, although torture against political prisoners or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Nations Human Rights Committee
The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per year to consider the periodic reports submitted by the 173 States parties to the ICCPR on their compliance with the treaty, and any individual petitions concerning the 116 States parties to the ICCPR's First Optional Protocol. The Committee is one of ten UN human rights treaty bodies, each responsible for overseeing the implementation of a particular treaty. The UN Human Rights Committee should not be confused with the more high-profile UN Human Rights Council (HRC), or the predecessor of the HRC, the UN Commission on Human Rights. Whereas the Human Rights Council (since June 2006) and the Commission on Human Rights (before that date) are ''UN political bodies:'' composed of states, established by a UN General Assembly resolution and the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated discu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Charter Of Fundamental Rights
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009. The Charter forms part of the area of freedom, security and justice (AFSJ) policy domain of the EU. It applies to all the bodies of the European Union and the Euratom which must act and legislate in accordance with its provisions, as the EU's courts will invalidate any EU legislation or ruling assessed as non-compliant with the Charter. The EU member states are also bound by the Charter when engaged in implementation of the European Union law. However, Poland has been granted a partia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Remedy
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In the legal system of the United States, there exists a traditional form of judicial remedies that serve ... [...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] |
International Covenant On Civil And Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976 after its thirty-fifth ratification or accession. , the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw. The ICCPR is considered a seminal document in the history of international law and human rights, forming part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR). Complia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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