Questions tagged [human-rights]

For questions about human rights and their protection under law. "Human rights" are those that are broadly recognized as both universal and worthy of respect by law even if not explicitly protected by law.

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Search warrants for the property of people not suspected of a crime

I'm interested in the New York City jurisdiction. Imagine a person is involved, or suspected to be involved, in a crime, yet they are not suspected of having committed any crime. For example, imagine ...
33 votes
3 answers
9k views

Can prisoners of war be exchanged against their will?

Assume the following situation: You live under an authoritarian regime. Your country is at war with another country, which has a far more favorable human rights record. Your attitude of your regime ...
2 votes
1 answer
61 views

The right to vote and property ownership?

In 1792, in France even men without property were enfranchised. How was it before exactly? What is meant by ‘without property’? Only those who didn’t own a home or a piece of land? Or any kind of ...
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1 answer
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Does the arrivecan app go against the Canadian charter?

I was looking through the Canadian charter, and Section 6 piqued my interest. It states, in subsection 2, that Every citizen of Canada and every person who has the status of a permanent resident of ...
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4 votes
2 answers
230 views

What are my rights if my boss paid me 600 euro too much for 2 years long?

My little brother, lets call him A for now, came to me today and said his boss, call him B, came to him and said that he (B) had been paying him (A) 600 euro too much for 2 years long. Ofcourse B ...
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Do sentient Artificial Intelligences have legal rights?

There has been lots of talk about whether sentient AI (assuming such emerge) would have rights under existing laws, but I don't understand it at all, from a legal standpoint. Take the Declaration of ...
0 votes
2 answers
222 views

LHBTI+ rights and swimwear

In much of the western world, decency laws require women to wear swimwear that covers their breasts; for men there is no such requirement. In jurisdictions that recognize individuals' self-...
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10 votes
2 answers
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Have any military personnel serving a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)?

Has any military personnel servicing a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)? Democratic is of course a gray scale so give that condition the ...
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1 answer
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Is the homes for Ukraine scheme in breach of the human rights act?

I can't really name it off the top of my head, but I want to say that there is an article of the HRA which prevents government policies and legislation itself from discriminating classes of people ...
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2 answers
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Are there any absolute rights in the US?

Are there any rights that absolutely cannot be denied under any circumstance in the United States?
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1 answer
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Consistency and coherence across statutes - Are the allowances of s29J completely negated by the offence of religiously aggravated harassment?

Crime and disorder act 1988 s32 introduces religiously aggravated harassment which effectively extends S2 and S4 of protection from harassment act. This seems to completely nullify the protections of ...
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1 answer
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Roe vs Wade was decided almost 50 years ago. Do more recent federal laws protect the right to an abortion as a medical decision?

A lot has changed in our laws and statutes since the Roe vs. Wade ruling in 1973. The United States Constitution does not explicitly address a right to health care. The words "health" or &...
1 vote
1 answer
130 views

Why was abortion legal when the United States was founded?

The US supreme court recently ruled to overturn Roe vs. Wade. Part of the decision was based on abortion laws when the 14th Amendment was ratified. While I understand that cherry picking the 14th ...
-10 votes
3 answers
219 views

If Google uses discriminatory language, how can I report it and log a complaint?

I have been asked what race I belong to by a Google Service registration online form at https://io.google/2022. After some time researching, I haven't found any where to log a complaint directly to ...
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1 answer
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Tenants right with a no waiver lease agreement

I signed a lease to rent the lower level of a home which has an upstairs unit as well. My lease lists me as the only tenant on my lease, for my unit. It states tenant agrees to be responsible and pay ...
11 votes
8 answers
6k views

How acceptable (mainstream/marginal) is the discussion about replacing the human rights with the natural law and to delete human rights chapters?

One law professional (who holds a doctorate) has started discussion about human rights vs natural law in our country (which is an Eastern European country). She refers to the book Le Droit et les ...
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1 answer
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Mandate vs Law Distinction

I have general concerns about government overreach and encroachments upon liberties. On several occasions during the last two years I've heard people mention that a mandate is not a law. I'd like to ...
5 votes
2 answers
1k views

Challenges of being an atheist in India

India is a country with secular polity with right to religious freedom but a highly religious society. This might be affecting laws and policies of the governments. The stratification in and the ...
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14 votes
2 answers
3k views

Are there any provisions in Britain which render improperly obtained criminal evidence judicially inadmissible?

If evidence of wrongdoing is uncovered through improper investigative measures, what protections are there for the subjects of these improper investigations in U.K. law? Must one still answer for ...
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3 votes
1 answer
168 views

Where is the line between defending a city and using human shields?

The Geneva Convention prohibits the use of human sheilds. From the Red Cross: The prohibition of using human shields in the Geneva Conventions, Additional Protocol I and the Statute of the ...
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2 votes
2 answers
237 views

Is assassination of presumed civilian informants considered a war crime and/or crime against humanity?

In Myanmar for the past several months revolutionary forces have been regularly threatening, targeting, and assassinating civilians who are believed to be reporting anti-government activity to the ...
0 votes
0 answers
35 views

May the Justification of a "Legitimate Aim" in an Article 14 ECHR Case be Arbitrary in Light of Other Freedoms?

I'm learning about Article 14 of the ECHR and am a bit confused by the practicalities of its application. I understand something must fall within the ambit of another Convention right, and that there ...
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1 answer
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Legality of Auctioning International Criminals/Terrorists?

Wild hair brain thought here that I'm not finding much on. So the idea is this: there are international bounties for heinous individuals that multiple people may have an interest in capturing, be they ...
-4 votes
2 answers
77 views

Is there a right to contract oneself, or one’s dependents, into servitude?

The closest common examples I can think of are jurisdictions where prostitution is semi-legalized or legalized, jurisdictions where minors can work on behest of their guardian, and military service in ...
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2 answers
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The relevance of Article 8 in consent to a sexual act for mentally ill people in UK?

I have been watching a Supreme Court hearing, and there are certain things that I don't understand. I have also not been able to find what these things mean on the internet. I will ask them as ...
0 votes
1 answer
87 views

What is the current legal status of living human clones?

What are the current laws on the books regarding complete or incomplete clones of humans? With or without natural birth? What is their legal status as individuals, and do they have a right to ...
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2 votes
2 answers
403 views

Can military necessity override POW rights?

Here are some hypothetical situations where respecting POW rights interferes with achieving a military objective: A mechanized column has a time-sensitive objective to capture a town. The column came ...
-2 votes
1 answer
190 views

Can European Union countries make vaccination against COVID-19 compulsory?

Malta bans unvaccinated travellers France makes COVID-19 vaccine mandatory for health workers Macron considers "vaccination compulsory for the entire population" These are two countries ...
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1 vote
1 answer
56 views

Australian laws to protect employees general skills against IP claims

I live in Victoria, Australia. When signing a contract for software development industries, the employers tend to write the contract agreement conditions too broad to protect their IPs. When searching ...
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18 votes
2 answers
3k views

What are the formal requirements to cite the Universal Declaration of Human Rights in U.S. courts?

I understand that there has been no attempt to broaden protections subject to civil rights in the U.S. on the grounds of human rights so there is likely no example for such a reference, but U.S. ...
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0 votes
1 answer
74 views

laws on "rebranding" modified products

Background: I'm was originally interested in knowing what it would take to sell a phone under my own brand that runs an Android fork (open source Android without Google, essentially modified, open-...
4 votes
3 answers
530 views

Was the EncroChat Hack Legal? If not, is there a legal mechanism which could allow the evidence to be used?

Disclaimer: I am aware there are a lot nuances within law, particularly within each country, as such this question only concerns the wider EU law and UK law as these are the courts I am interested in ...
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2 votes
1 answer
192 views

Does the obligation to go to school during the pandemic violate my right to life?

I am a student in a country which was hit quite hard by the pandemic. Currently, we are attending the lessons distantly, yet more and more people reckon it to be a high time to return to school. Let ...
-2 votes
1 answer
97 views

Is there a case when against someone's will still be ok?

For example, in this experiment, in trial 5 the subject (the older brother) actually says "stop", yet the experimenter (the younger one) still keeps doing it. Does that mean the experimenter ...
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1 vote
2 answers
156 views

Revoke one's own Universal Human Rights

Disclaimer: just a hypothetical question. Does there exist a legal, possible procedure (as in, a finite amount of steps that are reasonably possible for the average human adult in which not a single ...
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1 vote
1 answer
112 views

Are there any parts of human rights which are not already part of US law? [closed]

Apart from healthcare (which is subjective and not a specific right), are there any parts of US law which violate the human rights set out in the United Nations Universal Declaration of Human Rights ...
user avatar
1 vote
2 answers
103 views

Relation "Do not resuscitate" and absolute human rights

First of all, I have no law background whatsoever, so be free to tell if I am completely wrong. As I understood it, 2nd article of the Human Rights Act gives the right to live. This right is called ...
2 votes
2 answers
112 views

How is the right to "speedy trial" being protected during pandemic?

The right of a person accused of a crime to a "speedy trial" is widely considered a fundamental human right. It is enumerated in a number of government constitutions. However during the ...
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1 vote
1 answer
51 views

Do civil and political rights impose immediate or progressive duties?

I knew that the expenditure of civil and political rights imposes on States, as well as economic and social rights. For instance, a State should train police or other public officials to establish a ...
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0 votes
3 answers
166 views

What do I need to do about police unlawfully break in my house

The copsArrested me on false charges use my car keys to use my house key to get into my home I found them on my camera cause neighbors said my house was raided while I was arrested and so it prompted ...
-1 votes
1 answer
75 views

Covid-19 and the possibility of an officer infecting you

With this Covid-19 pandemic in full swing and police illegally writing citations, what are my rights if I am illegally stopped and the officer is not maintaining our social distancing? In theory the ...
-2 votes
1 answer
287 views

Can a market store refuse service and kick me out because I asked other customer to cover mouth after coughing with no mask protection amid COVID-19

Today while inside a Farmers Market in California, I asked a shopper to cover her mouth after coughing with no mask protection. The owner of the store came to me asking me to get out of the store and ...
-1 votes
1 answer
63 views

Legal obligation to be represented by a lawyer registered in the local bar. human value and personal freedom

In Greece people are usually required by law to be represented by a lawyer in courts. In Private Law the sanction is fictitious default( the litigant may be there but the judge is supposed to ...
2 votes
1 answer
71 views

Would making a cyborg be legal?

Recently, I've re-watched the movie Robocop (2014), and a question has come to my mind: Would making a cyborg be legal in the US? Notes: By "cyborg" I mean a robot-human hybrid, where the brain is ...
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1 answer
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Does california SB 876 protect working homeless?

I live out of my van in LA county. Im often harassed by security guards forcing me from safe parking locations, such as an out of general sight rear parking area at my gym, when not at work or while ...
-6 votes
2 answers
169 views

Would continuing asking one to provide rationale violate freedom of thought?

From the psychological aspect, there are many people with implicit attitude, prejudice, cognitive distortion, etc. The common factor is that they are unwilling to consider the possibility that their ...
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24 votes
4 answers
12k views

Is it legal to purposefully contract COVID-19?

I may have a number of reasons for wanting to intentionally expose myself to the coronavirus. (Examples: I feel more capable of surviving it while I am younger. It reduces my ability to carry and ...
1 vote
1 answer
67 views

Is it just to forcibly isolate an infected person when medical resources are deficient?

The background is the outbreak of the coronavirus in China. Many infected people have been isolated to prevent the spread of the virus. However, medical resources are highly deficient in serious ...
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2 votes
1 answer
141 views

Has the selective draft been tested constitutionally and how has it been defended as being fair gender discrimination?

This question is related to this one. What is the history of the selective draft and how has it's constitutionality been tested and defended? It is not as if women cannot be drafted, it is the case ...
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Which constitutions adopt the Universal Declaration of Human Rights?

I read on Wikipedia: Even though it is not legally binding, the Declaration has been adopted in or has influenced most national constitutions since 1948. So, which constitutions adopt the ...