Saturday, February 15, 2020
Himan Rights Law Coursework Example | Topics and Well Written Essays - 2000 words
Himan Rights Law - Coursework Example It is evident from the study that people in the United Kingdom have enjoyed a lot of individual freedoms and liberties which usually fall into conflict with so many other laws. Consequently, the European Convention on Human Rights (ECHR) was drafted in 1950,to integrate these liberties. However, it was not until the year 2000 that the convention rights were adopted in the United Kingdom through the Human Rights Act. In order to use the convention rights, one had to take a case to the European Courts on Human Rights in Strasbourg. This was extremely expensive to citizens and was also extremely time-consuming. The 1997 white paper ââ¬Å"Rights Brought Homeâ⬠rightly states that: It takes on average five years, to bring a case into the European Court of Human Rights once all domestic remedies have been exhausted; and it costs an average of à £30,000. Bringing these rights home will mean that the British people will be able to fight for their rights in the British courts ââ¬â without this undue delay and expense. One of the most critical functions is to ensure that, at all times, there is compatibility with the laws as stipulated by the Convention Rights. The Act gives individuals a complete description and summary of the freedoms and liberties that they are supposed to enjoy as citizens. It ensures that everyoneââ¬â¢s rights are respected also, just as ECHR does. The Act also goes ahead do state that rights come with responsibility too. This means that there are cases and situations when these rights may need to be limited, such cases being when crime and public health need to be addressed. Apart from protecting the rights of individuals, the Human Rights Act also requires courts of law to obey the laws that Parliament passes. Courts are only allowed to interpret the laws as is, without altering them in any way whatsoever. Nevertheless, the Act allows higher courts the power to determine that a given order cannot be put into use for the sole reason t hat the law contravenes the rights described in the Convention. When this happens, congress is required to amend the various section of that law before it is set to use again6. Since the Human Rights Act was enacted, courts are now obliged to look at The Convention Rights at all times when deciding how cases should go. This is a tremendouslylarge shift from the way things used to be before. Convention rights were looked at only when the UK laws were not clear. Part 2: How does the HRA work? The Act requires all courts and tribunals to interpret laws and effectively put them into use in ways that are compatible to the Convention rights. Rightly so, when this is impossible, a court may revoke or, subordinate legislation or, if it is a higher court, make a declaration of incompatibility. This allows for the amendment of the law to make it in line with
Sunday, February 2, 2020
Compare how the wellness understood in 2 different country(west or Essay
Compare how the wellness understood in 2 different country(west or east) - Essay Example However, the United States of Americaââ¬â¢s national wellness association has defined wellness as ââ¬Å"an active process of becoming aware of and making choices toward a more successful existenceâ⬠(Walters, VI) The physical well being of individuals encompasses all the physical and psychological process exhibited by individuals and demands the input of energy by the individual. This includes the physiological process as well as the well being of the individual in terms of lack of disabilities. This is understood in the same perspective in which the two nations put more emphasis on the absence of the diseases and the general health of individuals. People with diseases are perceived not to be healthy and hence are looked at in a different view. The physical well being of individuals therefore depends much on the ability of the government to put infrastructures that are mainly meant to improve on the health status of the people. However, for the Romans sex plays an important role in determining an individual wellness and health as a whole. As documented in the writings of Foucault (157), Pleasure that was derived from the ancient practices played an important part in individuals living long lives. However to the Eastern nations like Pakistan sex is looked at a taboo especially sex before marriage and hence an individuals could be disowned by the society. The social element of wellness includes the activities that are mainly directed towards the understanding of the social relationships (Marsela, 142). This includes the communication and interaction activities that are meant in nurturing such relationships. Nurtured relationship does not only begin at the older age within the communities but begin at an early age since it influences the personality and moral behaviors of individuals in the future. With regard to the social well being of the people, the nations to the east such as Pakistan have placed more emphasis on women. For the western nations, richn ess is important and determines an individualââ¬â¢s wellness and respect from the society. Sex, marriage and the general respect to the women is vital component of the social well being in the Pakistan community. Sex before marriage is therefore viewed as loss of social well being of an individual and for the women it can cost dearly. In other words issues of marriage and the sex before marriage define the wellness of an individual in the society. This is different in the Romans in which the social wellbeing is defined by the ability of the people to interact freely without restrictions. Unlike in Pakistan, it does not put more weight on social wellness with regard to the marriage or sex before marriage. In the Romans, wellness is not just a mere absence of disease but it encompasses even more aspects of the well being such as the self assessment. In this context, it is different from health since health is a subjective term while wellness is more of objective. The argument here is that health can be defined as the absence of disease and can therefore be measured and tested with the scientific methods to ascertain the healthy standard of an individual. The determination by the physician through the laboratory methods is enough to assert that an individual is free from disease and hence is healthy. On the other hand, wellness is different. It is more of subjective attribute of human life and hence difficult to measure. Self assessment and
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