Human Rights Law Essay - Case Study Example

Extract of sample
Human Rights Law Essay

With all the foregoing backdrops, this essay will proceed to the questions of who are the people covered by the Convention and what cases does it cover. It will finally likewise be queried as to when the Convention applies. In short, there is a need to know what circumstances are embraced under the operation of the Convention. In the legal sense, the inquiry has to be directed into the jurisdiction of the Court which the Convention had created. Stated in another way, it has to be determined when, where and over whom does the Court exercise its judicial powers under the Convention in conjunction with the rules and principles of international law. Article 1 of the Convention is very specific. It provides that the signatories to the treaty are under obligation to secure to all the people within their jurisdiction the rights and freedoms enumerated in Section 1 of the Convention. Were the applicants covered as persons within the jurisdiction of the High Contracting Parties when the bombardment of the radio-television network was carried out? The answer is definitely in the negative. They were not. During the time of the bombing of the Radio-Television Serbia headquarters, Banković and his co-applicants and their deceased relatives, Serbia was not a member of the Convention and, therefore, they were not within the reach of jurisdiction of the Court. The bombing party, NATO, was also found by the Court as not having Serbia within its (NATO’s) effective control or that of its members. ...
Download paper


This paper is tasked to criticize, evaluate, assess and interpret the case application of Bankovi and Others v. Belgium and 16 Other Contracting States. The action was filed in October, 1999. On November, 14, 2000, it was forwarded by the Chamber of the First Section of the European Court of Human Rights to the Grand Chamber of the Court…
Author : gmurazik
Download 1

Related Essays

Human Rights Law
This paper has attempted to analyze the case of unfair discrimination against the Sub-Saharan African countries in the area of international trade and how this can be considered as an example of a violation of the “Human Right against Discrimination”. (Blackhurst, Lyakurwa, Oyeide, p.491-510) Critical Appraisal of the Literature Review The authors Blackhurst, Lyakurwa and Oyeide have utilized a number of authentic sources to gather information on their subject of research. Out of the resource materials, some sources provided general information about underdeveloped African countries...
20 pages (5020 words) Essay
Human Rights Law
These are; civil and political rights; and economic, social and cultural rights. With regard to civil and political rights, every human being is protected from abuse of power by politicians who are known to pursue their own interests and thereby overlooking the common interests of the public. These rights include, right to life, right to vote and freedom of association1. Concerning the economic, social and cultural rights, every human being has a right to live a decent life. In addition to this, every person is entitled to the essential needs necessary for the sake of survival of every human...
10 pages (2510 words) Essay
Human Rights
114) Evaluate this statement using the examples of the law on privacy you have studied in Unit 21. Is the current balance between a right to privacy and a right to freedom of expression appropriate? The subject of human rights has pre-occupied the world for quite a long period now as people seek to pursue their interests with freedom and all inalienable rights guaranteed to them. Human rights are very fundamental in human society and this is evidenced by its adoption in the international law, constitutions of many states, regional institutions law, and policies of private and non-governmental...
6 pages (1506 words) Case Study
Human Rights
Articles published within the convention contain numerous provisions meant to govern the conduct of state offices and authorities in relation to individuals and the society at large (Smith 65). After finalizing all articles in the convention, appropriate legal systems took over as the guardians of human rights; hence are responsible for conducting legal contentions relating to the conventions’ provisions. In this context, the Inter-American Court of Human Rights poses as a judicial body responsible for oversight and advocating for acknowledgment of human rights within American societies. In...
4 pages (1004 words) Essay
human rights
The law of protest in the UK is inherently complex, with both the common law and constitutional provisions playing significant roles. The Public Order Act 1986 is one of the major legislations that frame conditions to which protest demonstrations and marches are subject.2 This act allows the UK police to levy conditions that are deemed necessary for preventing property damage, public disorder, or stop protestors from intimidating others, while making it compulsory for the protestors to present a prior notification to the police. Failing to adhere to the stated conditions is an offence...
8 pages (2008 words) Essay
Human Rights and English Law Essay
It is part of the on-going effort to keep criminal law out of consenting adults' sexual behaviour, homosexuality and prostitution as well as individual or private or personal morality while retaining clear functions:
5 pages (1255 words) Essay
Got a tricky question? Receive an answer from students like you! Try us!