129

As with many such rights, you should look to pre-modern Europe to understand the context in which such rights were introduced. At that time, without forensic evidence, the best chance of a conviction was a confession, and easiest way to get a confession would be to mistreat a prisoner. There was no police force so magistrates and judges would be greatly ...


107

Clitoridectomies are not equivalent to male circumcision. Clitoridectomies are equivalent to removal of the glans (the head of the penis, which contains most of the nerve endings that produce sexual pleasure). It is possible to do an equivalent of circumcision on a female: i.e., removing the clitoral hood which normally covers the clitoris, leaving the ...


81

This is a common misconception. Freedom of speech does not mean that everybody can say whatever they want, whenever they want and wherever they want. It means essentially that people cannot be legally punished for expressing their opinions, except if said opinions infringe on other freedoms. This means that people are allowed to express their opinions, but ...


70

There are actually several points that make it different: The European charter of fundamental rights states in its very first article that human dignity is inviolable. (Just like the German Basic Law btw.) This automatically forbids any action of the state taking the life of any human being as a form of sanction. Also people on death row usually wait for ...


64

I can answer this from the US angles, which largely mirrors the European thinking. Stats from this Wikipedia entry The justice system sometimes fails. There are people unwilling to accept a system that could execute an innocent person. 157 people sentenced to death in the US have been exonerated since 1973. Death penalty cases largely mirror life sentences ...


52

If you want to have an organization that includes every country on Earth, you have to have standards that are acceptable to the lowest common denominator nations. Otherwise, they'd "take their ball and go home" and you'd have a multilateral organization that excludes lots of countries as isn't a global parliament including every country on Earth as ...


39

Are prisoners considered as slaves? Prisoners are held in prison due to their breaches of laws, prisoners remain in prison for specific terms, prisoners cannot be traded, prisoners have rights (including to safety and to not be overworked), the offspring of prisoners (even if they are born when their parents are at prison) are not prisoners. No. Prisoners ...


35

"Unborn baby" is not a protected characteristic and hence the "unborn" cannot be discriminated against. Many would argue that the "unborn" are not legally persons and as such have no rights that can be violated. Even if the fetus has rights, so does the pregnant person and it is in no way obvious that the fetus's rights override ...


33

There seems to be unfortunately no mechanism to keep this from happening. This is not the first time it has happened: Libya got the chairmanship in the past, under Gaddafi. The problem is that, as farcical as this seems, how could you stop it? It's not even "the UN's fault", it's what member states vote on. Any formal definition of not-good-for-...


32

Up front: Holocaust Denial is not limited under U.S. law. There is an adequate list on Wikipedia of free speech exceptions, that for convenience I will replicate here: Communicative impact restrictions (e.g. incitement, elicitation) False statements of fact (e.g. libel, slander, perjury) Obscenity (very tightly interpreted, and only regulated in public) ...


31

It takes time for things to change. 200 years ago slavery was legal. 50 years ago genital mutilation was acceptable, and so was electroshock therapy for gay people. Today those things sound like atrocities. Perhaps in another 100 years male circumcision will likewise be condemned, and (as far as religious beliefs are concerned) it may well become illegal to ...


30

There is no factual basis for the claim that incorrect pronoun use will lead to negative consequences. The bill does two things: It adds gender identity or expression as protected classes under the Canadian Human Rights Act It adds gender identity or expression as protected classes to the criminal code, specifically to a section about hate propaganda and ...


30

Abortion is legal until the end of the 24th week. Not in Northern Ireland. UK progressiveness really ought to remember to look at the whole UK. I would say that the big areas at the moment are: Preventing a regression of rights, especially in relation to Brexit; this might include employment rights, and definitely includes the rights of the 3m EU ...


29

Being arrested can be extremely stressful, especially if you are innocent since you might fear being prosecuted for something you didn't do in addition to being caught off guard. After the arrest comes the detention, where you are isolated from the outside world and have eventually to deal with cops - and other people in detention. These conditions are even ...


23

Sedition, the technical legal term for what you're talking about, is prohibited by section 124A of the Indian Penal Code (IPC). This dates all the way back to the colonial era, and was originally used to suppress people pushing for India's independence from Britain. The Supreme Court of India ruled in 1962 that section 124A was constitutional, but that ...


23

Consider where your line of thought will lead: You own or have rented a house or apartment, I presume. Would it be censorship if you stop me from painting political slogans on your bedroom wall? Or would it simply be you exercising your right to determine how your bedroom is to be used? Say you invite a couple of friends for a party. Would it be censorship ...


22

The united states has never really been supportive of international law treaties. The main reason is many of them violate rights granted to citizens and are fairly major breaches of sovereignty. Most prominently is the refusal to recognize the International Criminal Court. The international Court of Justice is slightly different, in that it is partially ...


21

Assuming your question is to be interpreted as "show me examples", what happened more recently that's reasonably relevant to a scenario like you propose was Wukan, in which local anti-corruption and to a certain extent pro-[local]-democracy activists were eventually suppressed: During the 2011 protests, Zhuang helped barricade the coastal hamlet ...


19

Well right off the bat, let me say that the signs are legally irrelevant. Restaurants that do or do not have the signs have the same rights, regardless of whether they telegraph that to their costumers. As an analogy, homes without "No Trespassing" signs have just as much right to call the cops on trespassers. The main purpose of the signs is not to reserve ...


19

Generally, words like "extremism" are pejorative and there really is no substance. However, there are some general categories of definitions in political science. I had the fortune to meet Dr. Haider-Markel while at the University of Kansas. This section is taken from my notes for a graduate course in political extremism and terrorism he taught in 2011. ...


19

The confusion here is the use of the word alienable, which means non-transferable, not unrestrictable. For Jefferson, as with most of the Founding Fathers, rights were grounded in Natural Law, hence the wording "We hold these truths to be self-evident...." In other words, human rights were a function of "humanness," and not transferred to them, or bestowed ...


18

Who supplies Saudi-Arabia with weapons? As you can read on the Wikipedia article on the Royal Saudi Air Force and Saudi-Arabian ground forces, Saudi Arabia has the following aircraft capable of performing ground strikes: 154 McDonnell Douglas F-15E Strike Eagle's (United States) 64 Eurofighter Typhoon's (Germany/UK/Italy/Spain joint venture) 80 Panavia ...


18

Access to legal aid, which is currently going backwards. While pjc50's answer is great, almost all of them will end up in court and without access to legal aid, anyone without significant reserves faces a severe disadvantage in the modern legal arena. Even an MP who originally supported and voted for the cuts has changed his mind. Neill, a barrister, has ...


14

In the United States, treaty ratification is done in Congress, specifically in the Senate. The Constitution gives the President unique powers in foreign policy (it is his primary Constitutional portfolio) and the President is responsible for meeting with and negotiating the terms of any treaty the United States wishes to enter into independently (without ...


14

In the United States currently any crime can and will turn a person into a slave if they are sent into confinement. Virtually every large prison and halfway house in the country has "work" programs that constitute slavery. In many cases prisoners are not paid at all, other times they are paid some trivial amount like 5 cents per hour. Either way it is ...


14

I see your point but this has its origins in how the penal code is conceived in the European history of law. Basically from Hegel onwards, the law has been thought of not as something that is supposed to extract revenge on the criminal, because at its base you can not undo a crime that has been done. The function of the law, especially the penal code, is ...


14

Freedom of speech is a fundamental right of any person to express themselves. It is one of the human rights defined by the UN charter, and it is a right expressed in most democratic constitutions, separately. To take the latter first - governments that guarantee freedom of speech defines it as a right to not get arrested, fined, censored or otherwise ...


13

I think anyone reading the laws the bill modifies could reasonably come to that conclusion. According to the text of the Canadian Human Rights Act: It is a discriminatory practice, directly or indirectly... in the course of employment, to differentiate adversely in relation to an employee, on a prohibited ground of discrimination. and: It is a ...


13

An innocent person can't benefit from talking to the police. The person concerned might accidentally say something false. Or he might say something that is true but is contradicted by a witness and the police may interpret this as lying. So an innocent person can be convicted as a result of talking to the police. In addition, in almost every country there ...


13

Go to the actual text of the Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same ...


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