The rights you have by virtue of being human-Donnelly
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what is a problem with this definition?
doesn’t define what a right is or what human is in that context
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who stated the 4 types of legal rights?
Hoffman and Rowe-
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what are the 4 legal rights?
claim, power, liberties, immunities
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what is a claim?
claim to do something that someone else has a correlating duty to provide
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what is power?
power to do something- legal power under a will- how property should be distributed- judge=power over a decision case
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what is liberties?
a freedom to do something without interference- free speech- right to protest
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what is immunities?
contract- member of a club- immune over prosecution because of petition- judge cant be sued over a judicial decision
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true or false? Human rights- may give rise to these sort of legal claims but not all valid legal claims are human rights
true
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what are human rights?
normative statements which derive their authority from moral not legal considerations-may give effect to human rights through law- can talk irrespective of whether it exists in international or domestic law
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who stated 'nonsense on stilts'
jeremy bentham
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what do legal positivists say?
if its not justiciable it is not a right- if you cant take it to a court then you can’t talk about it being a right
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what did andrew fagan say?
human rights do not exist to ensure human life per se but to protect and promote the conditions of a certain quality of life for all
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are human rights universal?
yes- applied to everybody- not limited-international-irrespective of who they are
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what did the UN Human rights office of the high commissioner say?
human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion etc.
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true or false?Definitions of who can claim universal rights and what it means to be human have changed over time-
true
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what was used to justify amendments to sex discrimination act 1975
convention elimination of all forms of discrimination against women 1979
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what did patricia huet insist?
insisted that the government allow the option protocol government- sign up for optional protocol on this one then maybe sign up for more- nothing happened after
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when did zimbarbway get independence?
1980
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can you be signed up for european convention without being part of the EU?
yes
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what are absolute rights?
can never be interfered with in any circumstances
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what are the articles associated with this?
3, 4, 5, 6
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what are limited rights?
rights so important that they can only be restricted under explicit and finite circumstances, provided for in the European convention on human rights itself-
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what are the articles associated with this?
2, 5, 7
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what are qualified rights?
do allow for interference by the state- rights focus on balancing the interests of individuals against society-
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what are the articles associated with this?
8, 9, 10, 11, 1
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what does proportionality mean?
where qualified rights are restrictive in the interests of society- the restrictions must be no more than is required to protect society’s interests
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what are parasitic rights?
the prohibition of discrimination under the ECHR is a unique element of the convention- it only serves to prohibit discrimination where other rights are at issue-
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what are the articles associated with this?
14
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did the ECHR bind the actions of the public bodies or restrict unambiguous legislation?
no
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Other cards in this set
Card 2
Front
what is a problem with this definition?
Back
doesn’t define what a right is or what human is in that context
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