Criminal Law And Human Rights Assignment Sample

Introduction Of Criminal Law And Human Rights

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Human rights can be said to be a universal topic across the world that emphasizes protecting the rights of individuals be it of any caste, creed or colour. It can be said to be the legal and political point of discussion in recent times. Every authority across the world had emphasized various conventions that had been put forward in human rights. There had been quite several conventions concerning human rights which had come up in the European Union. The convention can be said to be protecting and safeguard the rights and privileges of humans at large.

Crimes against humanity can be said to be one of the previous crimes. They can be said to be a violation of human rights as per the standards that had been outlined in the international criminal Law assignment. The crimes that include non-bailable offences and ones under heinous crimes can be said to be categorised under criminal laws. In this assignment, there would be a discussion concerning why research concerning human rights and criminal laws tend to be significant. Likewise, there would be a discussion concerning the impact of these laws on society, along with the importance of the same[1].

Criminal law can be said to be grave for human rights violators. These also include arbitrary, discrimination, detention and torture. Criminal law can be said to be including of persons in the form of Judiciary, Cops and Correctional Institutions that can be said to be playing a significant role towards the implementation of human rights thereby help in protecting and preservation of human rights for the citizens across the globe. To control crime, prevent criminals to adjudicate their criminal mind in unfair and illegal activities, providing sanction for them for infringement of rights can be said to be core activities to eradicate crimes.

Explanation why the research is significant, impact on law and society, importance of the same.

human rights are significant.

Human rights can be said to be rights basic in nature and are embodied in humans as being humans. They can be said to be adding values towards the society which can be classified in the form of dignity, equality, feelings, respect, understanding and care. They can be said to be a protective shield for all humans. It is especially for those who are under negligence, abuse, hatred, isolation. The most important rights to be precise can be said to be the right to vote along with the right to speech. The research concerning the same is important because human rights help in living universally and can also be said to be inalienable. The concept of interdependence, interdisciplinary can be said to be prime aspects concerning human rights. Human rights help in protecting the rights of people and property[2].

Significance of criminal law.

Criminal law can be said to conduct that can be said to be a shield towards protecting the public interest. The law can be said to be an alarm that helps in reminding the fact criminal offences can be said to be heinous thus leading to the fact that criminal punishments tend to adapt accordingly. However, minor and serious offences are being segregated once the suits are being put up in the Honourable Court. Criminal law helps in maintaining stability in society. The functions of the law can be said to be educated or help in proper reformation or deter someone from doing any form of illegal activity.

There are generally four important roles or aspects that can be said to be pillars in the case of criminal laws which include attribution towards the concept concerning the sentencing of criminals, rehabilitation, retribution along incapacitation and deterrence. Retribution can be said to be a concept that believes in the fact that one who is guilty of an offence should be punished. The rest of the aspects can be emphasizing the fact of protection of the public in general.

Impact of human rights and criminal laws in society.

As far as providing guarantee towards the fact that safety can be said to be of utmost importance in protecting the rights of the society. Rights must be in practice that would help in curtailment of crimes and related matters. It is the responsibility of the government to look into the matter that all citizens are protected all fundamental rights are complied with. Crimes can be deterred from society when the mindset of people changes and are in development. It is possible when all the services for living a good and healthy life is being maintained by the citizens and the same is being provided by the government. The concept of mens real mind comes up when there are unemployment and poverty which strikes the earliest in driving towards criminal activities.

The concept of criminal law and criminal jurisprudence along with human rights can be said to be quite sensible aspects that have a vital role in the life of individuals. They can be said to be bringing changes towards the life of an individual[3].

Critical Discussion.

As far as conflicts related to human rights and criminal offence is concerned it can be established from the point that when a certain crime is being committed it is the suo motto power of the judiciary to establish and interpret as to which offence can be said to be a violation of human rights. In the case of murder which can be said to be a criminal offence that can also be related to the life and liberty of the individual, it comes under the aspect covered under human rights and criminal laws. One of the important suits that can be said to be seen ascertaining the aspect of human rights includes what is a mother in the court of law. R ( Mc Connell and YY) V Registrar General[4].

The ruling that had been stated in this suit includes the fact that the Court emphasised the fact that the person who gives birth to a child the appellant in this case can be said to be the legible mother of the child. In this suit the mother of the child had registered its name as being the official guardian even though the person was a transgender male. . As per the statement of the Court, there was no breach of Article 8 in this regard. The discussion emphasised the fact that the lack of option considering the neutral option towards a passport cannot be said to be a breach of rights. If the child had not got its legitimate mother then the suit could have been a violation of human rights as rights of the child towards its parents can be said to be fundamental rights. The suit can be said also to be covered under criminal offence had they're being kidnapping or any other form of crime towards the child.

In a nutshell, it can be said that both the concept can be said to be quite large and does cover immense aspect towards building the point that it is the responsibility of the respective administrative authorities to adjudicate matters that need immediate attention. Crimes should be treated as crimes rather than any other form of offence. When the concept of society is towards the betterment of the community of citizens then prosperity seems to be prevailing or else unrest seems to be at every nook and corner of the country. The element of brotherhood, unity in diversity, bonafide intention towards the entertainment of any form of activity and most importantly mindset holds the key perspective in any form of the activities undertaken be self act or abetted one. Unrest should be curtailed and peace and a good positive environment along with a positive mindset helps in building a good society[5].

References

Haerens, M., 2011. Human rights. Detroit: Greenhaven Press.

Harrison, J., 2011. Human Rights Measurement: Reflections on the Current Practice and Future Potential of Human Rights Impact Assessment. Journal of Human Rights Practice, 3(2), pp.162-187.

Seong-Don Kim, 'The Role Of The Criminal Law, The Limitations Of The Criminal Law, And The Leviathan Criminal Law' (2016) 28 Journal of Criminal Law

R ( Mc Connell and YY) V Registrar General,2019

Melber H, Dealing With Crimes Against Humanity (Dag Hammarskjo?ld Foundation 2011)

[1] Melber H, Dealing With Crimes Against Humanity (Dag Hammarskjo?ld Foundation 2011)

[2] Seong-Don Kim, 'The Role Of The Criminal Law, The Limitations Of The Criminal Law, And The Leviathan Criminal Law' (2016) 28 Journal of Criminal Law

[3] Haerens, M., 2011. Human rights. Detroit: Greenhaven Press.

[4]R ( Mc Connell and YY) V Registrar General,2019

[5] Harrison, J., 2011. Human Rights Measurement: Reflections on the Current Practice and Future Potential of Human Rights Impact Assessment. Journal of Human Rights Practice, 3(2), pp.162-187.