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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114
votes
5answers
14k 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, ...
25
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9answers
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 ...
24
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4answers
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 ...
21
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3answers
8k 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 ...
21
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1answer
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 ...
17
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2answers
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. ...
17
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1answer
10k 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 ...
14
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1answer
7k 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 ...
12
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2answers
3k 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 ...
12
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1answer
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) ...
11
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2answers
704 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 ...
11
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1answer
597 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 ...
10
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2answers
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 ...
9
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1answer
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 ...
9
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3answers
783 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 ...
7
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1answer
979 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?
6
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1answer
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. ...
6
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4answers
698 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 Germany's and ...
6
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1answer
411 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?
6
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2answers
247 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 ...
6
votes
1answer
232 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 ...
5
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3answers
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 ...
5
votes
2answers
373 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 ...
5
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1answer
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 ...
5
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1answer
737 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.
4
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1answer
293 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 ...
4
votes
1answer
220 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 ...
4
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3answers
392 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 ...
4
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1answer
361 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 ...
3
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2answers
562 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 ...
3
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1answer
1k views

Why is the Miranda warning typically given during an arrest?

I'll admit that this question stems more from indirect experiences through popular culture and not real-life experience (fortunately), but I think there's still some real-life backing to it. The "...
3
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4answers
905 views

Which takes precedence: International Right of Self-Determination, or Country's Constitution?

In Brazil there's a movement, named Sul Livre (Free South), that claims for the independence of the country's Southern states. And this is not the only one: there are a lot of similar movements that ...
3
votes
1answer
6k 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 ...
3
votes
1answer
524 views

Is it legal for banks to transfer money without account holder's permission

Suppose someone takes a personal loan from a bank and defaults on a payment. Can the bank unilaterally take money from other accounts he may have at that bank to make the required loan payments? Can ...
3
votes
1answer
786 views

My rights in India

I have read in Indian newspapers and seen in news channels about some misbehavior with the citizens when they go to police station to complain about some issue. Could you provide some resources, ...
3
votes
2answers
207 views

Can a company refuse my redundancy payment because they changed their mind?

I got made redundant a little while ago and managed to find a new job reasonably quickly. However, before I left the old job they changed their mind about making me redundant and asked me to stay. I ...
3
votes
1answer
332 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 ...
3
votes
1answer
4k views

What legal protections exist for employees who suffer customer abuse?

I work as a minimal wage, over the phone technical support agent for Verizon. How customers are treated on a company wide systemic level is centered around low wage workers like me pacifying at least ...
3
votes
1answer
86 views

If a federal bill reduces a sentence for a crime, can a prisoner get relief at the state level?

If a federal bill reduces a sentence for a crime, can a prisoner get relief at the state level, possibly by stating the original sentence was cruel and unusual punishment?
2
votes
3answers
518 views

Blasphemy in the Context of Freedom of Speech

So my country is currently exhausting herself with a blasphemy case. It makes me wonder because such case in other countries (Western countries in particular) are not considered a crime because it's a ...
2
votes
1answer
483 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 ...
2
votes
2answers
289 views

Is there ever a case where invoking the right against self incrimination is in itself incriminating?

Does the invocation of the 5th amendment ever constitute evidence of having committed a crime?
2
votes
2answers
204 views

American citizenship that got lost in the family

I am a non-American individual and think I have a right for American citizenship. The father of my grandma (dead) was American (he was born there), but my grandma (alive) did not get citizenship for ...
2
votes
2answers
2k views

Treason, Sedition and the US Bill of Rights

In 2018, where are lines drawn between treason, sedition, and constitutionally protected freedoms of speech and assembly? Publishing a neutral, fact-based article on a contentious topic, citing ...
2
votes
2answers
309 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
1answer
185 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
2answers
107 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 ...
2
votes
1answer
123 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 ...
2
votes
1answer
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 ...
2
votes
1answer
121 views

On what grounds can a government delegalise the use of specific software and is that compliant with international laws?

As I read in the "Government use" section in the VPN blocking article on Wikipedia. It seems that Iran and China (used to) block access to use VPN software. I'd like to widen the scope of the question ...