Essays on Fundamental Rights

Judicial Activism of the Court of Justice of the European Union

Since the ECJ handed down the 2005 Mangold v. Helm case, there have been several criticisms provided by different scholars of the decisions it made and what they believed had various consequences for the European Union law. Essentially, the decisions made by the court involved several queries, but the main one was applicability of European Union age‐based anti‐discrimination law in situations involving the fixed‐term employment contracts. The contracts were founded on the law that permitted the fixed‐term contract with no demands for the objective reasons that justified the limitations of the employment period past the ...

It is worth mentioning that human rights are fundamental rights to any individual anywhere in the world. The globe is constantly changing and transforming to meet the needs of the increasing globalization and internationalization. In essence, different countries have different sets of human rights. However, there are universal human rights established by international organizations, mostly the United Nations. They are the fundamental freedoms. Such includes the freedoms of speech, religion, association, expression, and the right to life. Everyone is entitled to these rights, and there are disciplinary measures for countries or leaders who commit crimes that violate the fundamental ...

In this paper, we will explore the psychological impacts of two human-made disasters. One that happened during the First World War, and the other one is a recent terrorist attack in Paris, in 2015. The Lusitania Disaster was an attack from the German army to a British ship liner coming from New York to Liverpool, UK. The terrorist attack in Paris however was not a war attack, so people were not expecting anything as such. However, it can be argued that we are on a war today, that begun by several attacks of radical Islamic groups against the West. ...

Philosophy

With the advent of the Scientific Revolution, there was an increased level of comfort in the society which led to probing the ancient notions or the beliefs that were long held by the majority. A majority of philosophers started giving out their own opinions about a variety of subjects like politics, government, social order, economics, and religion among others. The Era of Enlightenment started with this new found curiosity about scholarly or philosophical opinion becoming popular in the entire Europe. The Enlightenment Era was a time period in the 18th century Europe, which was a movement where philosophers applied ...

Social Exclusion

Social exclusion is referred to the public refusal of individual member if their lifestyle does not meet the regular societal attitudes or if they fail to maintain normal social interaction without necessary material resources and education. Social exclusion is a concept that is used in many parts of the world for the labeling of modern forms of social deprivation and a decline in the margins of society. Social exclusion means non-acceptance of an individual or group of people from the social environment. This may be based on race, ethnicity, language, culture, religion, sex, age, social class, disability, and economic ...

Security Services as well as Methods

Security is an essential factor in the development of any part of the world. Regions where security is threatened, there are few development initiatives. The security of a nation lies with the government of the particular state. When a security concern arises, the government reacts to protect the citizens. Security threats that may affect than one country can be regarded as a regional or global threats. These threats are often tackled by global security organizations. Some of these organizations include the North Atlantic Treaty Organization (NATO) and the United Nations (UN). These organizations are essential in ensuring international peace ...

In ancient societies, people believed that the hierarchy of human society was based on the divine right of certain people to lead and the divine permission to keep others as lower class members of society. This shamed the parameters of social order until the Age of Enlightenment and Reformation in the 16th and 17th Centuries. The American and French Revolutions laid the foundation for the creation of a system of civil liberties and human rights which required some basic rights to be accorded to all human beings without exception. Human rights is defined as “a set of freedoms guaranteed ...

Abstract

The current paper provides a detailed and exhaustive analysis of the contemporary ethical problem that has more than significant social and legal consequences. In particular, the respective paragraphs of the current study are discussing the theoretical and practical perspectives concerning the crimes against women in their most casual and the most underreported form – the acts of violence by their intimate partners. For this particular purpose, the current International, European and American legislature concerning the acts of violence against women have been offered by the beginning of the paper along with the brief insight to the background information that is ...

ECON 4331W

Introduction The phrase "the rich get richer while the poor get poorer" has become a worldwide anthem at many political and economic forums. While these facts are actually true very few or practically no one goes forward to act in a manner seen to strike a balance if anything many individuals are individualistic and greedy. Elite economists from IMF recently released a study on the causes and consequences of rising income inequalities. It is believed as a result of income inequality there could arise a myriad of complex problems, most of which touch and significantly impact upon the economic ...

The bill of rights refers to the significant rights of the American citizens and plays a critical role in safeguarding the rights from infringement by the government. The original constitution was outlined in Philadelphia in 1787 and was ratified by the different states in America. The original constitution laid a base for the bill of rights. However, this constitution contained less number of individual rights guarantees and was focused on launching a system for an effective federal government. Persons such as Pinckney and Madison are perceived as the ‘architects’ of the bill of rights that is applied in America ...

Religion plays a key role in directing human behavior. It is a source of values that are important for peaceful coexistence in the society (Ferree 7). It is the foundation of morality in the society. Social morality obliges individuals to take responsibility in caring for the common good of every individual in society (Ferree 7). It is the duty of every individual to respect laws and rules put in place for an orderly existence of humanity. For a society to function well, every institution in the society should advocate for human dignity and the well-being of all individuals (Ferree ...

In the case of López Ostra v. Spain (Council of Europe), Lopez lodged an application seeking protection of fundamental rights. Lopez had tried to engage the municipal authority in search of a solution to the nuisance and risks posed by the waste-treatment plant. However, the municipal authorities maintained a passive attitude. This prompted Lopez to seek the intervention of the court. In her application, Lopez complained that the industries operating within the vicinity of her residence were not only unlawfully interfering with her home but also her ability to enjoy peace of it. To her, this constituted a ...

Introduction

Lopez Ostra was a Spanish citizen who filed a case before the European Court of Human Rights through the European Commission on human rights. The claimants accused the Spanish government of failing to protect his privacy, home, and family life against pollution from neighboring factories which amounted to a violation of the right to healthy environment and the right to respect the private home and family life. This case was anchored on the responsibility of the state to be held accountable for actions of private entities within its jurisdiction. It is a sophisticated case that was instituted under the ...

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Introduction

Neoliberalism is both an economic and political ideology which proposes a new way in which states are restricted from interfering with the economic affairs and general day to day dealings of their private citizens. This concept was developed by Adam Smith in 1770 when he posited that government should not be allowed to be involved in the economy of the country and initially it was called liberalism. This stance borrowed heavily from the laissez faire principle which required that traders should be let free to negotiate their own terms of engagement. Adam’s conception was challenged in ...

Introduction

Defamation is the publishing of a statement regarding a person’s reputation to the effect that the statement lowers the person in the estimation of right thinking members of the society. The offence is divided in two different torts; slander and Libel. The earlier distinction between the two indicated that libel involves publications made in printed form while slander is basically oral defamation. However, with recent technological advancement, the approach is that libel occurs when the defamatory statement is in permanent form while slander has to make statements which are not recorded or not in permanent form. In order ...

Analysis/ Comparison and Contrast

Abstract This work examines the various constitutional changes in the United States during the period of the French revolution, most so around the period of 1789 (Levi 14). It looks at the various .perceptions that the constitutional changes implied to the society and the projected actions that the changes may attract. In this analysis, many thoughts are explored to determine the way the society responds to what it does not understand. On the same note, it looks at the government trails in trying to galvanize power and authority. On the other hand, it looks at the way the government ...