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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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23 votes
3 answers
10k views

Can U.S. states establish state religions?

The first amendment says: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the ...
Christopher King's user avatar
10 votes
2 answers
2k views

Does a police officer have to get permission to break the law?

Does a police officer require permission before breaking the law? Justice Brandeis states: Decency, security, and liberty alike demand that government officials shall be subjected to the same ...
Breakskater's user avatar
9 votes
1 answer
1k views

Can a cop direct a pharmacist to fill a known fraudulent prescription in order to convict a subject of a higher crime?

If a cop is responding to a known fraudulent prescription, ask the pharmacist to stall the subject until they arrive so he can arrest the subject, but, instead of making the arrest for attempt to ...
Breakskater's user avatar
2 votes
1 answer
1k views

When in consent necessary for touching someone?

When is consent to touch another person necessary and what constitutes consent? This question focuses on intimate, romantic or sexual relationships between two adults. At school they have been pushing ...
Mahones's user avatar
  • 85
0 votes
1 answer
281 views

Opt Out Consent under GDPR

I am having an Android App which uses certain service such as Analytics, Ad Networks. I am taking the consent from the user at when the app starts, i.e. before collecting any info. But there are ...
Rajesh K's user avatar
  • 203
123 votes
5 answers
17k views

Who is supposed to teach the law to the citizens?

As I understand, in general, not knowing the law does not excuse violating it. That should apply to most if not all jurisdictions in most cases with very few exceptions. From personal experience, ...
user7393973's user avatar
21 votes
1 answer
3k views

Can I waive my statutory rights?

I've noticed that Steam has recently added this bit of text to its review and confirm page: By clicking the button below to proceed you agree that Valve provides you immediate access to digital ...
user avatar
14 votes
2 answers
4k views

Failing to mention when questioned something you later rely on in court

If you are arrested in the UK, you'll hear that your rights include a rider inserted by the 1994 Criminal Justice and Public Order Act, after "you do not have to say anything": But, it may harm ...
jez's user avatar
  • 314
13 votes
1 answer
2k views

Self incrimination vs. obstruction of justice / destruction of evidence

Suppose a police officer has probable cause to arrest me based on evidence in plain sight. He wants to initiate a search pursuant to arrest. Before the officer can detain me, I put the (alleged) ...
Patrick87's user avatar
  • 4,241
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 ...
TomR's user avatar
  • 373
11 votes
5 answers
1k views

Were Nazi atrocities legal according the German law of the time?

I have recently had a discussion with a German who claims that Nuremberg trials were entirely based on ex-post-facto laws, and all the atrocities Nazis did were legal according to the Germany's and ...
Anixx's user avatar
  • 386
10 votes
2 answers
2k views

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 ...
d-b's user avatar
  • 643
9 votes
3 answers
739 views

International standards on prisoners' right to vote

Are there any international standards or declarations/conventions on prisoners' right to vote?
abolishHumanCages's user avatar
9 votes
3 answers
848 views

GDPR - Withdrawn user consent

I have been reading alot about user consent management according to the GDPR and one problem I can't see solved anywhere is managing withdrawn consent. The user gives his consent to use his data and ...
jvecsei's user avatar
  • 193
7 votes
2 answers
839 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 ...
Andrey Godyaev's user avatar
7 votes
1 answer
1k views

Does the Universal Declaration of Human Rights override the United States Constitution?

Does the Universal Declaration of Human Rights override the United States Constitution when it comes to the rights of civilians?
jronnieh's user avatar
6 votes
1 answer
1k views

Must a minor be given access to his parents if requested when detained by police or a school?

I was surprised to learn that police can question a minor without the presence, permission, or even notification of the minor's legal guardian. (Even when investigating a matter unrelated to the ...
feetwet's user avatar
  • 21.8k
5 votes
1 answer
571 views

If an AirBnB host doesn't disclose that it's not allowed, in which countries does a landlord have direct recourse against the *guest*?

So this question stems from an article on cbc, describing how it can happen that an AirBnB host rents an apartment in a block where short term rentals are forbidden. The article states that in some ...
Stilez's user avatar
  • 3,189
3 votes
4 answers
241 views

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 ...
user110391's user avatar
3 votes
1 answer
9k views

Is it illegal for a family member to withhold/hide the passport of a legal adult, from the rightful owner - in the UK?

If yes, what action should be taken and on what grounds is it classed as illegal? Considering that both individuals are UK citizens, with a passport registered respectively, does it go against the ...
user avatar
3 votes
1 answer
646 views

What are my privileges, as opposed to my rights

This question pertains to limits on government action in the US. It is commonly said that driving is a privilege and not a right. Washington state statutes are a bit murky, but RCW 46.20.001 (entitled ...
user6726's user avatar
  • 215k
3 votes
2 answers
2k views

Is it legal to film and record in public areas in Sweden?

The title says it all: Is it legal to film and record anything in public areas in Sweden (e.g. using a mobile phone)? Starting from roads/trees/object to people and especially the police (e.g. in a ...
Michel Gokan Khan's user avatar
2 votes
5 answers
33k views

Trespassing or Public Property?

I'll start with some background info for my question. I'm a photojournalist based in Michigan. I was on (what appeared to be) a public sidewalk. I was taking photos of the Oakland County Jail for a ...
Alex Volpe's user avatar
2 votes
1 answer
117 views

Removal of made public personal information. Privacy laws

There are many websites today which scrape and aggregate data. Are these laws protecting US citizens and/or New York state residents which ensure that, upon request, the information must be removed? ...
The Dude man's user avatar
2 votes
1 answer
671 views

Are limiting voting rights to residents of Puerto Rico unconstitutional?

This is something that I have been thinking after the decision from Supreme Court legalizing same-sex marriages. The Supreme Court based its decision on the fact that prohibiting same-sex marriages ...
scubaFun's user avatar
  • 553
2 votes
1 answer
170 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 ...
Neil Meyer's user avatar
  • 4,997
1 vote
3 answers
695 views

Are county clerks exempt from Title VII of the Civil Rights Act of 1964?

Under the Civil Rights Act of 1964 Title VII, employees are offered certain protections under the law. However, section f states that (f) The term “employee” means an individual employed by an ...
Daniel Goldman's user avatar
0 votes
3 answers
219 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 ...
Misty Mcdaniel's user avatar
0 votes
3 answers
350 views

What law is to prevent to say n-word in France

This is a question I am asking because I am not in best of health and I have been bullied by some nationals which are non-european , non -african. I am african and study in a university of France. ...
MUW's user avatar
  • 117