Human Rights Law Essay Example | Topics and Well Written Essays - 2500 words

Human Rights Law - Essay ExampleThese are civil and political even outs and economic, kindly and cultural proficients. With regard to civil and political rights, every gracious being is protected from abuse of major 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 gentlemans gentleman being has a right to continue a decent life. In addition to this, every person is entitled to the essential needs unavoidable for the sake of survival of every human being. These rights include, right to work as well as right to proper health. With reference to the discussion question given, this paper will discuss how the margin of appreciation operates with regards to human rights and whether the supervision provided by the court was adequate. This paper will overly demonstrate de tailed knowledge and perceptiveness of the main concepts, principles and rules of human rights truth. It will also analyze how human rights protect the rights of every single human being in the society regardless of their gender, ethnicity and status. The term margin of appreciation is a concept that has been adopt by the European Court of Human Rights when it comes to considering whether a member state of the European Convention on Human Rights has infringe the convention in one way or the other. This margin of appreciation allows courts to possess into consequence the idea that the Convention will be deduced differently in the different member states. This is the cases when it comes to bind 9 of the European Convention on Human Rights which states that every person has a freedom of thought, sense of right and wrong and religion. This includes the right to change religion alone or as a community and he/she kindle either do it privately or publicly. It also continues to say t hat the freedom to manifest ones religion or beliefs shall be subject to such limitations as are prescribed by the law in the interest of public safety. In the case of Open Door and Dublin Well charwoman vs. Ireland (1992) 15 EHRR, the European Court of Human Rights upheld the Ireland Supreme Courts injunction that restrained talk over agents from providing information facilities abroad to pregnant women because it violated Article 10 of the Convention for the protection of Human Rights and perfect Freedoms. The injunction specifically interfered with two non profit organizations, Open Door Counseling Ltd. and Dublin Well woman Centre Ltd that provided pregnancy related information to pregnant women. None of the two organizations upheld or encouraged abortion in any way. In addition to that the court further upheld Irelands restriction that interfered with the freedom of the women to entree information. The injunction had a unbalanced impact in that in prohibited counseling re gardless of age, health or circumstances of the pregnant women, this was because Ireland has a legitimate interest in protecting the life of the unborn. It was also noned by the court, that terminating of these pregnancies at later stages without adequate counseling posed a health bump to these women. The margin of appreciation doctrine in the jurisprudence of clauses 8 to 11 involves qualified rights which are not absolute and have associated limitations that are expressed within the right itself. The first paragraph of each article states the right, while the second allows the State to breach its negative