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Vertical effect refers to, in English law, the way in which the Human Rights Act impacts on the relationship between individual citizens and the state. The Human Rights Act states that the Act applies to public bodies meaning that any citizens satisfying the test for standing can fight a case based upon a breach of a Convention right.
In recent times there has been some debate as to whether the Human Rights Act can also have horizontal effect as well.
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Citizenship is the status of a person recognized under the custom or law as being a legal member of a sovereign state or belonging to a nation. The idea of citizenship has been defined as the capacity of individuals to defend their rights in front of the governmental authority.
Civil liberties are guarantees and freedoms that liberal governments commit not to abridge, either by legislation or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966, and in force from 23 March 1976 in accordance with Article 49 of the covenant. Article 49 allowed that the covenant would enter into force three months after the date of the deposit of the thirty-fifth instrument of ratification or accession. The covenant commits its parties 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. As of September 2019, the Covenant has 173 parties and six more signatories without ratification.
In law, a legal person is any person or 'thing' that can do the things an everyday person can usually do in law – such as enter into contracts, sue and be sued, own property, and so on.
The Human Rights Act 1998 (c42) is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECtHR) in Strasbourg.
Transgender rights in Canada, including procedures for changing registered gender and protections from discrimination, vary among provinces and territories.
The Canadian Human Rights Act is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set of prohibited grounds.
Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law. Codification of human rights is recent, but the UK law had one of the world's longest human rights traditions. Today the main source of jurisprudence is the Human Rights Act 1998, which incorporated the European Convention on Human Rights into domestic litigation.
Nationality law is the law in each country and in each jurisdiction within each country which defines the rights and obligations of citizenship within the jurisdiction and the manner in which citizenship is acquired as well as how citizenship may be lost. A person who is not a citizen of the country is generally regarded as a foreigner, also referred to as an alien. A person who has no recognised nationality or citizenship is regarded as stateless.
The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections comprise a constitutional bill of rights for government policy-making and the behaviour and conduct of citizens. These sections are considered vital elements of the constitution, which was developed between 1947 and 1949 by the Constituent Assembly of India.
The situation of human rights in Malaysia is controversial as there have been numerous allegations of human rights abuses in the country. Human rights groups and foreign governments are generally critical of the Malaysian government and the Royal Malaysian Police. Preventive detention laws such as the Internal Security Act and the Emergency Ordinance 1969 allow for detention without trial or charge and as such are a source of concern for human rights organisations like SUARAM.
Fundamental rights are those rights which are essential for intellectual, moral and spiritual development of individuals. As these rights are fundamental or essential for existence and all-round development of individuals, hence, it's called as 'Fundamental' rights according to Navdeep Choudhary. These are enshrined in Part III of the Constitution of India.
Emancipation is any effort to procure economic and social rights, political rights or equality, often for a specifically disenfranchised group, or more generally, in discussion of such matters. Emancipation stems from ēx manus capere. Among others, Karl Marx discussed political emancipation in his 1844 essay "On the Jewish Question", although often in addition to the term human emancipation. Marx's views of political emancipation in this work were summarized by one writer as entailing "equal status of individual citizens in relation to the state, equality before the law, regardless of religion, property, or other 'private' characteristics of individual people."
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of war, and for other purposes".
The terms monism and dualism are used to describe two different theories of the relationship between international law and national law. Many states, perhaps most, are partly monist and partly dualist in their actual application of international law in their national systems.
Indefinite detention is the incarceration of an arrested person by a national government or law enforcement agency without a trial; the practice violates many national and international laws, including human rights laws. In recent years, governments have indefinitely incarcerated individuals suspected of terrorism, often in black sites, sometimes declaring them enemy combatants.
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and private citizens.
An ombudsman, ombudsperson, ombud, or public advocate is an official who is charged with representing the interests of the public by investigating and addressing complaints of mal-administration or a violation of rights. The ombudsman is usually appointed by the government or by parliament but with a significant degree of independence. In some countries, an inspector general, citizen advocate or other official may have duties similar to those of a national ombudsman and may also be appointed by a legislature. Below the national level, an ombudsman may be appointed by a state, local, or municipal government. Unofficial ombudsmen may be appointed by, or even work for, a corporation such as a utility supplier, newspaper, NGO, or professional regulatory body.
Human rights in New Zealand are addressed in the various documents which make up the constitution. Specifically, the two main laws which protect human rights are the New Zealand Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990. In addition, New Zealand has also ratified numerous international United Nations treaties. The 2009 Human Rights Report by the United States Department of State noted that the government generally respected the rights of individuals, but voiced concerns regarding the social status of the indigenous population.
Chhattisgarh Human Rights Commission become functional on 16 April 2001 with appointment of first Chairperson, Justice K. M. Agrawal, a former Chief Justice of Sikkim High Court and Shri K. A. Jacob, former D. G. P. of Bihar as the founder members by Notification No. 4139/GAD/2001 with effect from the date they assumed charge of the office.