... 法國最高上訴法院：P...對聖碧岳十世修會 (1991) Social Chamber of the Court of Cessation: P...v. Association Fraternite Saint-Pie X (1991) 法國一名受僱打理教堂的同性戀者P…遭僱用他的修會「聖碧岳十世修會｣以其性傾向為理由，將其解僱。1991年法國的最高上訴法院作出裁決，指該修會違反了僱傭合約。根據法庭的裁決，指修會以僱員的性傾向不符合天主教傳統作為解僱他的理由是不合法的。但法庭捕充指出，如果一名僱員的「道德」對一家公司造成明顯的破壞，解僱就不會被判決為錯誤的舉動。 換句話說，最高上訴法院認為，解僱是否合法，要看僱主是否能夠證明他「考慮過該名僱員的職責和公司的目的」，並能夠證明「僱員的行為對公司構成可以說明的明顯破壞」。 巴黎上訴法院考慮過最高上訴法院的判詞後，於1992年就此案再作出裁決，指此案的僱主因為該僱員的同性戀傾向和他作為愛滋病帶菌者的身份將他解僱，是基於一個只跟該僱員私人生活有關的原因將其解僱。這不足以構成一個真正的和嚴重的終止僱傭合約的理由。由於該名僱員的跟其性傾向有關的行為都是在機構以外進行的，所以屬於他可以自由行使權利的範圍。法庭認為，除非可以證明這些行為在該機構內造成可以說明的明顯破壞，否則解僱就是不合理的。同時，由於法庭相信該僱員真心信奉天主教信仰，因此不認為他在機構內造成了破壞。 聯合國人權委員會：杜寧對澳洲 (1994) United Nations Human Rights Committee: Toonen v. Australia (1994) 1991年澳洲塔斯曼尼亞(Tasmania)上議院否決廢除禁止同性性行為的法例。由於當時澳洲的聯邦政府沒有任何相關的法例可以凌駕塔斯曼尼亞這條例，塔斯曼尼亞的同志團體遂向「聯合國人權委員會」(United Nations Human Rights Committee) 投訴。投訴的同志團體代表杜寧 (Toonen) 指出，塔斯曼尼亞的法例違反了「公民權利及政治權利國際公約」中保障個人私生活不受侵犯的權利（公約第17條）和締約國有責任確保所有人享有公約訂明的權利的條款（公約第2.1條）。杜寧的投訴指塔斯曼尼亞的法例同時違反了公約中保障法律面前人人平等的條款（公約第26條）。在回應這些指責時，塔斯曼尼亞政府指出肛交罪的法例並沒有違返人權，因為法例只針對某種性行為，而非某組社羣；此外，州政府認為實施這些法例對維持公共衞生及道德是必須的。 澳洲聯邦政府在接受「聯合國人權委員會」查詢其回應時，針對塔斯曼尼亞政府的解釋提出以下看法： ■ 私隱的權利 －「私隱」的定義包括兩位成年人在雙方同意下私下進行的性行為，因此塔斯曼尼亞的法例侵犯了杜寧先生的私隱。 ■ 歧視 － 縱使塔斯曼尼亞的法例針對某些行為而非某組社羣，但這些法例的影響就是將一組人區別，並禁止他們某些行為，這很明顯為大眾所理解為針對男同性戀者的做法。 ■ 公共衞生 － 要防止愛滋病的傳播，同性戀刑事化不是一個合理或恰當的做法。這種做法令一些有風險受感染的人士不敢公開身份，只會阻礙防止愛滋病傳播的公共健康及教育計劃的進度。 ■ 道德 －...
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...Critically evaluate the proposition that all human beings possess equal and inalienable rights, and that they are entitled to such rights without distinction of any kind, such as race, colour, language, religion, political or other opinion, national or social origin, property, birth or other status. Human rights are basic rights and freedoms that each individual human being is entitled to. Human rights assert that humans are given certain entitlements simply for being a human. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscious and should act towards one another in a spirit of brotherhood (Universal Declaration of Human Rights, 2010). They were developed in a democratic and universal manner. Throughout the world, human rights are acknowledged in various ways, such as shared norms of human moralities, justified moral norms, natural rights, or legal rights which are enforced at either a national level or within international law. However, the concept of human rights has been a heated topic of debate, as there is no consensus as to what should or should not be considered a human right. Human rights are relatively modern, only being in force for just over 50years, however the foundation of this concept is seen in the history of philosophy and concepts of natural law, rights and liberties in classical Greece and the development of Roman Law. Human rights concepts have existed for a lot of human history; however these liberties that...
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...the Charter of the United Nations The Charter of the United Nations was signed, in San Francisco, on 26 June 1945 and is the foundation document for all the United Nations work. The United Nations was established to “save succeeding generations from the scourge of war” and one of its main purposes is to maintain international peace and security. Peacekeeping, although not explicitly provided for in the Charter, has evolved into one of the main tools used by the United Nations to achieve this purpose. The Charter gives the United Nations Security Council primary responsibility for the maintenance of international peace and security. In fulfilling this responsibility, the Security Council may adopt a range of measures, including the establishment of a United Nations peacekeeping operation. The legal basis for such action is found in Chapters VI, VII and VIII of the Charter. While Chapter VI deals with the “Specific Settlement of Disputes”, Chapter VII contains provisions related to “Action with Respect to the Peace, Breaches of the Peace and Acts of Aggression”. Chapter VIII of the Charter also provides for the involvement of regional arrangements and agencies in the maintenance of international peace and security provided such activities are consistent with the purposes and principles outlined in Chapter I of the Charter. United Nations peacekeeping operations have traditionally been associated with Chapter VI of the Charter. However, the Security Council need not refer to a...
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...* * * * * * * * INTERNATIONAL ORGANISATIONS AS AN EXAMPLE; UNITED NATIONS Its goal and efforts * * * * * What are the international Organisations? International organisations ‘represent the apex of a pyramid of multilateral diplomacy. At the base of this pyramid are the issues suitable for negotiation. Above this is the process of negotiation in which states agree norms or rules, and only in certain cases does this process of negotiation create the appropriate organisation or institutions’ (Imber, 1992). One can classify these organisations into various categories concerning of their functions. Such as: a) International financial institutions b) Commodity cartels c) World trade d) Sustainable economic development e) Food security f) Human rights g) The environment h) Regional organisations i) Health j) Emergency/disaster relief k) Security These organisations can be listed as Inter-governmental and non-governmental organisation too. * Theory and International Organizations One tries to establish a theory which aims to explain international organisations. His theory bases on ‘a principal-agent (P-A) model of international organization in which groups of member governments sometimes empower their IO agents with real decision-making authority. …7 Member governments (making up the principal) hire an IO (agent) to perform some functions that will...
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...The Right of Indigenous People ------------------------------------------------- Committee: United Nations Human Rights Council (UNHRC) The past decades have seen an increase in the awareness of human rights; one of the proofs of this is the formation of the United Nations Human Rights Council in 2006. Among the problems that this council currently faces are the rights of indigenous people. Indigenous peoples are a community/group of people which was born in and inhabits a particular territory, with cultural or historical distinctiveness from other populations before being conquered by any colonial societies. They are also responsible for playing a role in protecting and conserving the territory they inhabit. In the past these people were vulnerable to exploitation and oppression from groups of colonists that form a nation state and politically dominant ethnic groups. It has been estimated that the total current population of indigenous peoples are 220 million to 350 million. With such a large population, these people deserve the rights to protect them from threats risen from western development such as the killing of animal species for economic interests, deforestation, mining, oil exploration, carbon emitting industries, persistent organic pollutants and the insatiable consumption patterns of western industries. Indigenous rights are rights that exist in recognition of the specific conditions of the indigenous peoples, which includes not only the most basic human rights...
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...United nation has failed. Background: The United Nations, formed out of the horrors of the World War II with the overarching purpose of preventing this kind of total war from ever happening again. Its formation came after the failures of the League of Nations, an international organisation that had the same lofty goal of preventing war. The UN sought out to overcome the Leagues failures by through embedding itself into all aspects of the international community setting up organisations such as the General Assembly, Security Council, International Court of Justice, the World Bank, and later on the International Atomic Energy Agency and its Development Programme. Over the last 60 years, the UN has changed and developed, along the way it has permanently changed the environment of the international community, through its work in peacekeeping, creating and developing international law, the establishment of human rights, the list goes on. However, in all this change some negatives have arisen, the decision making process is often very slow and many institutions like the Security Council are reactionary, and very easily caught up in power politics, rendering them useless at critical moments. This raises the question that this debate is focused around- has the UN failed? Supportive argument: 1. Supportive point:The UN was set up with the express purpose of preventing global wars, yet it has done absolutely nothing to prevent them. Indeed, the UN has often served merely as a forum for...
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...ASSIGNMENT TOPIC THE UN SYSTEM OF HUMAN RIGHTS: A CRITICAL EXAMINATION. There are a number of human rights provisions in the charter of the United nations, Article 1 includes in the purposes of the organization the promotion and encouragement of respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. Article 13(1) notes that the general Assembly shall initiate studies and make recommendation regarding the realization of human rights for all, while Article 55 provides that the United Nation shall promote universal respect for and observance of human rights, in a significant provision Article 56 states that: all members pledge themselves to take joint and separate action in co-operation with the organization for the achievement of the purposes set forth in article 55 . The United Nations officially became an institution with the ratification of the UN Charter on October 24, 1945. From then on, it quickly became an active international body. On January 10, 1946, the first General Assembly met at Westminster, London. There were 51 nations represented at this first meeting. One week later, on January 17, the Security Council first met, also in London. The following week, on January 24, the General Assembly adopted its first resolution, focusing on peaceful uses of atomic energy and the elimination of weapons of mass destruction. February 1 of that year saw the appointment of the first Secretary-General, Trygve Lie...
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...An Introduction to the UN System: Orientation for Serving on a UN Field Mission (Intro to the UN 070329) A Course Produced by The United Nations Institute for Training and Research, Programme of Correspondence Instruction (Revised 2003) Course Author Lt.Col. (Retd.) Christian Hårleman Senior Special Fellow, UNITAR Series Editor Harvey J. Langholtz Copyright 2003, UNITAR POCI UNITAR Training Programme of Correspondence Instruction in Peacekeeping Operations Dag Hammarskjöld Centre Box 20475 New York, NY 10017 Programme UNITAR de Formation Par Correspondance Aux Opérations de Maintien de la Paix Palais des Nations 1211 Geneve 10 Suisse An Introduction to the UN System: Orientation for Serving on a UN Field Mission (Intro to the UN 070329) A Course Produced by The United Nations Institute for Training and Research, Programme of Correspondence Instruction (Revised 2003) Course Author Lt.Col. (Retd.) Christian Hårleman Senior Special Fellow, UNITAR Series Editor Harvey J. Langholtz Copyright 2003, UNITAR POCI Address all correspondence to: UNITAR Training Programme of Correspondence Instruction in Peacekeeping Operations Dag Hammarskjöld Centre Box 20475 New York, NY 10017-0009 USA An Introduction to the UN System: Orientation for Serving on a UN Field Mission TABLE OF CONTENTS Table of Contents................................................................................. i Foreword.....................................................
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...“The care of human life and happiness, and their destruction, is the first and only object of good government” Some people may think that human happiness to life is having a strong country and a powerful government; and to make the best possible lifestyle for everyone. Those people need to realise that “Human rights” is the most powerful source in our life. There are many types of human rights that our government put forth and came up with. Human Rights are one of the best things that could have happened in our human society. Not all people appreciate the human rights in our society which give us the freedom to do or say and not be endangered by corrupt governments’ torture, assault and many more. Our Australian government is great and has smart leaders that lead our nation and society, but without them making, enforcing and protecting our human rights we live with today, we would be living a lifestyle with problems and with governments that don’t believe in human rights; which different continents around the world are undergoing at the moment. The United Nations a group of 50 Nations are trying their hardest to make our whole world free and for people to have the right to live in a secure and independent lifestyle. There are different types of Human Rights in our nation, civil, political and social and economic rights these are some of the rights that our government came up with. Political rights are where a person may vote and have there say in what government they want...
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...NGOs submit Australian human rights report to UN Around 200 Australian organisations are turning to the United Nations to voice their concerns over Australia's human rights performance. By Brianna Roberts 6 Apr 2015 - 1:00 PM UPDATED 6 Apr 2015 - 2:03 PM (Transcript from SBS World News Radio) Around 200 Australian organisations are turning to the United Nations to voice their concerns over Australia's human rights performance. They've co-authored a report which will be presented to the UN's main human rights body in the lead up to a periodic review of Australia that takes place every four years. Brianna Roberts has the details. (Click on the audio tab above to hear the full report) Every four years the United Nations conducts a human rights audit for all 193 members states. The UN calls it the Universal Periodic Review - Australia's first and most recent completed in 2011. Since then, Australian governments have implemented a number of the UN's recommendations. However, a collection of non-governmental organisations say they're concerned Australia is moving backwards on some issues - including on the treatment of asylum seekers and Indigenous incarceration rates. They've submitted a report to the UN outlining their concerns, ahead of the next review in November this year. Les Malezer is from the National Congress of Australia's First Peoples, a co-signatory to the report. Mr Malezer says Australia needs to strengthen its human rights commitments. "We're hoping...
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...Introduction It’s always serious business to intervene decisively in other peoples’ affairs. What should an external agent do when injustices are taking place within another state? May a state or international institution like the United Nations intervene in the affairs of another state? Do we have a moral and ethical duty for intervention when a political regime is harming its own citizens? Is it legal under International law for a state to intervene in another state’s territorial and political sovereignty with or without United Nation Security Council’s approval? It is the aim of this essay to examine some of the answers commonly given to these questions. To address the ethical and legal justifiability of intervention this essay will begin by analyzing how we define humanitarian intervention. The second section discusses moral and ethical issue relating to humanitarian intervention. The discussion focuses on the several theories that present a moral case for intervention. It concludes by examining whether international law should affirm a right to humanitarian intervention. The literature on the ethics and legality of humanitarian intervention is filled with disagreement. This essay seeks to identify and critically assess the often unexamined moral and legal assumptions behind these disagreements. Definition of Humanitarian Intervention It is necessary to begin with a clear understanding of the concept to be analyzed. We need then to start by addressing the...
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...cheating. It surrounds the average person’s everyday life whether one is aware of it or not. But what about glorified organizations like the United Nations, are they capable of cheating? Surely, an organization created to ensure the peace and the stability of a planet could not possibly cheat. Well, such a belief would be incorrect. If a “biggest cheater” award had to be given out, it would be to these guys. The United Nations are the biggest cheaters of all. To better illustrate how the United Nations ‘cheats’ it would be best to examine where the cheating starts, in the organizational structure of the United Nations, more specifically in the Security Council. The Security Council is composed of fifteen seats – five permanent and ten non-permanent seats. Every two years, the General Assembly elects countries to occupy the ten non-permanent seats. The five permanent seats belong to, the United States, the People’s Republic of China, the United Kingdom, Russia and France (“Membership in 2011”). Procedural decisions require nine votes out of the fifteen seats to pass. However, in substantive decisions, nine out of fifteen and all five permanent member seats are required. The determination of whether a decision is procedural or substantive is substantive (“United Nations”). Each permanent member holds veto power over any Security Council resolution; one vote from any permanent member and the legislation is defeated. This is where problems come into play. Decisions and resolutions...
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... Development of Human Rights: From Past to Present The word human right is derived from Latin word “Homo” meaning man and homonus mean belonging to man. Human rights are right to which every person is entitled by virtue of being human living in society of other human. According to Thomas Paine, In rights of man is 1721 about French revolution that the representation of people of France feels that ignorance of human right are the main curse of public misfortune. Cicero the statesman the orator of ancient Rome, produced the work that the reflected the principle of Roman public and rights rights of citizen. Human rights are mainly social, economic and political rights. The doctrine of human rights has been highly influential within international law, global and regional institutions. Actions by states and non-governmental organizations form a basis of public policy worldwide. The idea of human right suggests that "if the public discourse of peacetime global society can be said to have a common moral language, it is that of human rights. (Kaur) The strong claims made by the doctrine of human rights continue to provoke considerable skepticism and debates about the content, nature and justifications of human rights to this day. The precise meaning of the term right is controversial and is the subject of continued philosophical debate; while there is consensus that human rights encompasses a wide variety of rights such as the right to a fair trial, protection against...
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...instigation of President Wilson, a first try to set up a collective security system with the creation of the League of Nations, which would, eventually, not last long. After the Second World War, all “free” States affirmed their will “to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom »1 thus establishing a new collective security system (CSS) which purpose was “To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace”2. The State signatories to this Charter, establishing a new CSS through the creation of the United Nations, have the duty to “to...
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...Convention on Human Rights (ECHR) is an international treaty that drafted by the Council of Europe to promote human rights and fundamental freedom in Europe. The aimed of Council of Europe is to achieve a unity among its member and believed that one of the way to persuade this goal is the maintenance and the further realization of Human Rights and Fundamental Freedom through this convention. The convention is inspired by the Universal Declaration of Human Rights in 1948 that was proclaimed by General Assembly of United Nation. The resulting is The European Convention on Human Rights (ECHR) signed on Rome on 4th November 1950. The implementation of this convention came to force three years later in 1953 and three subsequent institutions were entrusted with safeguarding its workings: The European Commission of Human Rights (1954) The European Court of Human Rights (1959) The Committee of Ministers of the Council of Europe(1). In the European Convention of Human Rights, there are 17 key articles relating to rights and freedoms in the convention outlined in section 1 Article 2-18, which include: • Right to life • Prohibition of torture or inhuman and degrading treatment or punishment • Prohibition of slavery and forced labour • Right to liberty and security • Right to a fair trial • No punishment without law • Right to respect for family and private life • Freedom of thought, conscience and religion • Freedom of expression • Freedom of assembly and association • Right to marry ...
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