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Right To An Effective Remedy
The right to an effective remedy is the right of a person whose human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ... have been violated to legal remedy. Such a remedy must be accessible, binding, capable of bringing perpetrators to justice, provide appropriate Reparation (legal), 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 only 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education. The modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimidating third parties. definitions of torture, Some definitions restrict torture to acts carried out by the state (polity), state, while others include non-state organizations. Most victims of torture are poor and marginalized people suspected of crimes, although torture against political prisoners, or during armed conflict, has received disproportionate attention. Judicial corporal punishment and capital punishment are sometimes seen as forms of torture, but this label is internationally controversial. A variety of methods of torture are used, often in combination; the most common form of physical torture is beatings. Beginning in the twentieth century, many torturers have preferred non-scarring or psychological torture, psychological meth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. In many jurisdictions with statutes of limitation there is no time limit for dealing with particularly serious crimes. In civil law systems, such provisions are typically part of the ... [...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 Fourth, Fifth, Sixth, Seventh, and Fourteenth Amendments to the United States Constitution, and Article 6 of the European Convention of Human Rights, in addition to 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 i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obstructionism
Obstructionism is the practice of deliberately delaying, preventing or Abuse of process, abusing a process. In politics Obstructionism or policy of obstruction denotes the deliberate interference with the progress of a legislation by various means such as the filibuster which consists of extending the debate upon a proposal in order to delay or completely prevent a vote on its passage. Another form of parliamentary obstruction practiced in the United States and other countries is called "slow walking". It specifically refers to the extremely slow speed with which legislators walk to the podium to cast their ballots. For example, in Japan this tactic is known as a "cow walk", and in Hawaii it is known as a "Devil's Gambit". Consequently, slow walking is also used as a synonym for obstructionism itself. Obstructionism can also take the form of widespread agreement to oppose policies from the other side of a political debate or dispute. Notable obstructionists John O'Connor Po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Failure
In public choice, a government failure is a counterpart to a market failure in which government regulatory action creates economic inefficiency. A government failure occurs if the costs of an intervention outweigh its benefits. Government failure often arises from an attempt to solve market failure. The idea of government failure is associated with the policy argument that, even if particular markets may not meet the standard conditions of perfect competition required to ensure social optimality, government intervention may make matters worse rather than better. As with a market failure, government failure is not a failure to bring a particular or favored solution into existence but is rather a problem that prevents an efficient outcome. The problem to be solved does not need to be market failure; governments may act to create inefficiencies even when an efficient market solution is possible. Government failure (by definition) does not occur when government action creates winne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justice Delayed Is Justice Denied
"Justice delayed is justice denied" is a legal maxim. It means that if legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all. This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because of the unfairness for the injured party who sustained the injury having little hope for timely and effective remedy and resolution. The phrase has become a rallying cry for legal reformers who view courts, tribunals, judges, arbitrators, administrative law judges, commissions or governments as acting too slowly in resolving legal issues either because the case is too complex, the existing system is too complex or overburdened, or because the issue or party in question lacks political favour. Individual cases may be affected by judicial hesitancy to make a decision. Statutes and court rules have tried to control th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Impartiality
Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ... holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another for improper reasons. Legal concept European Union law refers in the Charter of Fundamental Rights of the European Union to: * A right to good administration: :''Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union'' (Article 41) * A right to an effective remedy and to a fair trial: :''Everyone is entitled to a fair and public hearing within a reasonable time by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education. The modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conviction Rate
The conviction rate, expressed as a percentage, represents the proportion of cases resulting in a legal declaration of Guilt (law), guilt for an offense, against the total number of trials completed. It is calculated by dividing the number of convictions by the total number of adjudicated cases and then multiplying by 100. A conviction is a legal declaration that someone is guilty of committing an offense, determined through a Jury trial, jury's or Bench trial, bench's verdict within a court of law. Conviction rates reflect many aspects of the legal processes and systems at work within the jurisdiction, and are a source of both jurisdictional pride and broad controversy. Rates are often high, especially when presented in their most general form (i.e., without qualification regarding changes made to original charges, pleas that are negotiated, etc.). Rates across jurisdictions within countries can vary by tens of percentage points (e.g., across states within the U.S.). In other cas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clearance Rate
In criminal justice, clearance rate is calculated by dividing the number of crimes that are "cleared", a criminal charge being laid, or convicted by the total number of crimes recorded. Various groups use clearance rates as a measure of crimes solved by the police. Clearance rates can be problematic for measuring the performance of police services and for comparing various police services. This is because a police force may employ a different way of measuring clearance rates. For example, each police force may have a different method of recording when a "crime" has occurred and different criteria for determining when a crime has been "cleared." A given police force may appear to have a much better clearance rate because of its calculation methodology. In system conflict theory, it is argued that clearance rates cause the police to focus on ''appearing ''to solve crimes (generating high clearance rate scores) rather than actually solving crimes. Further focus on clearance rates ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
