EXPLAIN THE RELATIONSHIP BETWEEN DOMESTIC LAW AND THE EUROPEAN Essay

EXPLAIN THE RELATIONSHIP BETWEEN DOMESTIC LAW AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 WITH RESPECT TO THE PROTECTION OF - Essay Example The European Convention of human rights is a body in Europe that has the responsibility of ensuring the defence of individual privileges, the same responsibility exercised by the domestic law. The Convention is an international body that looks at the rights and freedoms of citizens in Europe. Its formation was aimed at ensuring that violation of human rights was a punishable offense, this is evident in the domestic law meaning that the two set of laws perform the same function. It aims at ensuring that there is no violation of human rights by the states or any other party (Barnett 50). The court handles such cases with guidance from articles under the convention for human rights in Europe. It ensures that people or states can take cases to courts regarding violation of human rights against another state. This makes the body an international body that protects individuals with a high degree.12 The European convention of human rights is a law making body that seeks to certify that indi vidual constitutional rights are not dishonoured by any person or body regardless of their position in the society. It ensures that courts handle cases regarding human rights properly without being bias. The domestic law relates closely with the European convention for human rights because the two aim at ensuring adherence to laws regarding human rights (Bates 477). The domestic law regards all laws regarding human rights that a state or non-governmental organization may violate and how such cases should be handled in the court. There is a notable relationship between domestic law and the European convention of human rights. This is because the European convention aims at protection laws including the domestic law. This is evident by some of the articles in the convention and sections of the human rights. Some of the articles that relate with the domestic law include article 1, 13, 34 and 35. This paper also analyzes the relation using some section of the human rights like section 2 , 3, 4, 6 and 8. In the case of Keenan v United Kingdom, the applicant was complaining about his son’s sentence. In this case, the applicant used article 2 and 3 as the basis of the case. The court only found out that article 3 was breached and not article 2 of the convention. Article 1 of the European convention regards respecting rights in regards to all the other articles. It works within its jurisdiction unless under certain situations where it does not confine itself to the jurisdiction. In the case of Loizidou v Turkey, the court made a ruling that its jurisdiction extends to foreign states with similar control. This was made possible by military action in the state (Aria-Takahashi 240). Article 13 of the convention involves effective remedy. The convention applies the article before any national authority that violates human rights that it protects. It is a free infringement under the convention to get a remedy in case of violation of a human right. Obtaining such a re medy involving human rights can only be through the court. The case of Pretty v United Kingdom is another example of a case that an applicant basis on article 2 and 3. However, the court ruled that nobody has the right under articles of the convention to take his life or another person’s life. Article 34 regards individual applications which state that no high party has the ability to prevent the court from

The Great American Indigence Research Paper Example | Topics and Well Written Essays - 1500 words

The Great American Indigence - Research Paper Example If the income distribution of a market is not equal, then the resource allocation becomes ineffective. In such circumstances, the economy gets bifurcated into two groups namely, the ‘haves’ and the ‘have nots’. An increase in the strength of the latter is the underlying factor which generates poverty in the economy. This research paper will explain the poverty of U.S. in details. United States Poverty: Poverty is the state of misery that can exist in any nation in the world. If a nation is poor, then it is not capable of meeting the basic requirements of its citizens. Poverty not only dampens the economic prosperity of a country, but also brings about the downfall of human development in a nation1. This research paper will consider the extent of poverty in United States. It was earlier believed by the economists that poverty only had its presence in the lagging and underdeveloped nations in the world. However, the contemporary economic affairs of the world show that rich developed nations like, United States, also house substantial amount of poverty in its domestic economy. Poverty in United States: As recorded in 2011, the level of poverty in United States was about 15%. It was estimated that around 46.2 million individuals in the country were poor11. The median level of the family incomes of the individuals of the country had fallen by almost 1.5% from 2010 to 2011. It has been claimed by the researchers that the poverty in U.S. is actually responsible for the rise in the country’s level of unemployment. After the globalization of the world economy in 1990, the competences of the developed nations have fallen significantly. The fall in the core competences in U.S. have resulted in a decline in employment opportunities in the nation. The fall in the income prospects have increased the poverty in U.S. Then again, the poverty in U.S. is seen to be generally urban in nature. III. Causes of Poverty There are various causes or reasons that have caused the poverty in U.S. The big American corporate companies always outsource their requirement of skilled labor workforce from t he developing nations in the world. This is because skilled and educated workers in those nations are available at a cheaper cost. This has made the U.S. workforce less competitive in nature, thereby lacking the proper knowledge which is needed for maintaining high paid jobs. Thus, lack of higher education and knowledge among the youth of U.S. is a prime reason for its impending urban poverty. The recession in the world economy since 2007 has added fuel to the fire of dismay for the U.S. individuals. Low velocity of money circulation in the economy has reduced the productivity and investment thresholds of the nation2. A fall in the level of productivity in the economy has been responsible for the job losses in the nation. In figure 1 at the end, it can be observed that down the years from 1968 to 2012, the workforce participation in U.S. did not increase. Rather, the trend shows a fall in the employment opportunities. Then again, it is obvious and quite natural that the population s trength of the country has increased with time. The employment level in the nation has not increased in equivalence to the rise in the population of the nation10. This shows that a large proportion of the individuals in U.S. is unemployed and therefore, leads their lives as poor urban individuals. The