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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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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
34 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 ...
user149408's user avatar
25 votes
9 answers
9k views

Is the EU Settlement Scheme legal?

I moved to the UK 20 years ago when I was a 14-year-old child. I settled here - studied, worked, started my own business, had kids and so on. Because of the EU membership, I was guaranteed equal ...
Leo's user avatar
  • 370
25 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 ...
bandybabboon's user avatar
25 votes
2 answers
4k views

Do armed residents engaging in self-defense count as civilians during armed conflict?

Resident T does not hold any official position in an armed group An Army or a militia from a foreign country not recognized by T's country, enters T's neighborhood. T attempts to defend his ...
Ona's user avatar
  • 457
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
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
18 votes
2 answers
4k 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. ...
kisspuska's user avatar
  • 3,924
18 votes
1 answer
14k views

Can a potential juror plead the fifth?

I am interested in the law surrounding jurors. During juror selection (voir dire) a potential jurors can be asked questions to determine their suitability to serve on the jury. Is it ever legal for a ...
user avatar
14 votes
2 answers
4k 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 ...
Timothy's user avatar
  • 835
14 votes
1 answer
8k views

Where are non-binary and intersex prisoners kept?

I have been racking my brain trying to figure this out. When a non-binary character has to be imprisoned, how is the correctional facility determined since most if not all are binary? My particular ...
A.M.M's user avatar
  • 143
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
12 votes
1 answer
755 views

Why do television actors have to give permission for the use of old footage of their characters?

Inspired by this question on SciFi&Fantasy.SE. The background is that Terry Farrell, an actress on the series Star Trek: Deep Space Nine, left the show on bad terms after the sixth season. The ...
Jason Baker's user avatar
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
11 votes
2 answers
838 views

Is it legal to be detained by a private rail or bus company for not having a valid ticket?

My question relates specifically to the UK. Is it legal for a private company, say a train or bus company, to detain you if they determine that you don't have a valid ticket? Furthermore, if it is ...
Paul Michaels's user avatar
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
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
9 votes
3 answers
847 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
9 votes
3 answers
738 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
7 votes
1 answer
2k views

What kind of information is a police officer in Germany allowed to ask, in random situations on the street, e.g., during a traffic check?

For reference: There is the well-known argument, especially in the U.S., that you should not talk to the police, like here https://www.youtube.com/watch?v=d-7o9xYp7eE in one of the extremest forms. ...
AnoE's user avatar
  • 666
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
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
6 votes
4 answers
2k views

If you know someone is committing infant abuse, do you also commit a crime if you choose not to report it?

What are a person's legal responsibilities if they believe that someone is currently committing infant abuse, but are not certain that they are doing so. For example, they might learn this from ...
dodo's user avatar
  • 365
6 votes
3 answers
2k views

Is there a legal right to party?

I understand that this might be somewhat of a stupid question but I must ask it. Does one have the legal RIGHT to party in the United Kingdom and / or United States? For example some of the ...
user avatar
6 votes
1 answer
2k views

Does a judge have discretion in their verdict when it seems beyond reasonable doubt that the defendant is factually guilty of the charged offences?

I once observed a trial of some disruptive protestors at magistrates where the magistrate read her verdict/ruling out along with all of her reasoning used to reach it. Her deliberations appeared to ...
TylerDurden's user avatar
6 votes
1 answer
667 views

Do government incentives for males to change gender violate human rights laws?

Please note the following: I'm not seeking legal advice (already checked with a lawyer), rather I'd love to hear others thoughts/conclusions For the sake of simplification I am using approximate USD ...
user avatar
6 votes
1 answer
475 views

Do UK citizens have a right to legal advice?

As a British citizen: If I can't afford to pay a solicitor to get legal advice, am I entitled to free legal advice from the government?
Ulkoma's user avatar
  • 1,319
6 votes
1 answer
325 views

Would deinstitutionalising marriage violate the UDHR?

In debates over same sex marriage it is sometimes proposed that marriage be completely deinstitutionalised in favour of state recognised civil unions. This would not be a return to common law ...
curiousdannii's user avatar
6 votes
2 answers
925 views

Is there any legal limit on how long my employer can ask me to travel?

I'm a salaried employee at a Fortune 500 and my contract says nothing specifically about travel (and no mention of anything like % of time traveling in the req etc.) I was asked to go on a 2 week ...
Charlie's user avatar
  • 113
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
2 answers
2k 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 ...
ShivCK's user avatar
  • 791
5 votes
2 answers
528 views

Is a school in loco parentis when students are outside of school?

I am a senior in high school and like many other classes we are doing a "scavenger hunt" (teams of students have to compete various tasks and earn points for these tasks) outside of school. Our ...
Justin's user avatar
  • 151
5 votes
1 answer
272 views

Legal challenges against age-restricted housing

It’s fairly common when looking for real estate to see “adults only,” “seniors only,” or “55+” restrictions for strata/condominium properties. I would expect this to be a cut and dried case of ...
miken32's user avatar
  • 151
5 votes
1 answer
238 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 ...
Sasan's user avatar
  • 179
5 votes
1 answer
770 views

Who owns a recorded Skype conversation?

If someone records my Skype conversation, is that video his property or mine? Is there a law against him making that video public or even recording it to begin with? Country- India.
URS's user avatar
  • 121
5 votes
1 answer
568 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
4 votes
2 answers
485 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 ...
AnAdverb's user avatar
4 votes
2 answers
2k views

Does a person have a right to a bench trial?

There is the famous right to be tried by a jury of your peers, but do you also have the right to a bench trial, if you prefer?
Neil Meyer's user avatar
  • 4,985
4 votes
2 answers
1k views

What services is it a war crime to cut off or eliminate access to?

Many news sources say cutting off a region from water, intentionally is a war crime. This is rooted in proclimations like the INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC), In essence, water is a ...
Evan Carroll's user avatar
  • 2,139
4 votes
1 answer
310 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 ...
User65535's user avatar
  • 6,786
4 votes
3 answers
745 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 ...
user avatar
4 votes
1 answer
229 views

As a student, do I have a right to see my incident report as filed by campus security?

A campus peace officer made a report against me for public intoxication, but no fine or ticket was issued. Do I have rights to access that report? By asking for the report, could that make them ...
TDOT's user avatar
  • 39
4 votes
2 answers
334 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 ...
Allart's user avatar
  • 141
4 votes
1 answer
524 views

Can a real-life example be used to describe the difference between common and civil law?

I've done a lot of research into trying to understand the difference between the two systems, but their definitions are so verbose, and without examples it's more challenging. The only thing I was ...
HeavenlyHarmony's user avatar
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
3 answers
4k views

Is Facebook a monopoly?

I feel that Facebook is too powerful for various reasons. I would like to know if there are any laws which could be applied to claim they have an illegal level of power or infringement on human and ...
Julius Hamilton's user avatar
3 votes
2 answers
706 views

Could one become stateless by first renouncing one's native citizenship, and then having one's naturalization revoked?

This is a follow-up to similar question on Expatriates SE, based on an answer I got there. The Norwegian Directorate of Immigration can revoke previously issued naturalizations, if they were based on ...
Fiksdal's user avatar
  • 447

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