Sentences with phrase «charter rights which»

In Case C - 176 / 12 Association de Mediation Sociale [2014] ECR I - 000 the CJEU indicated that those Charter rights which require implementation by way of national or EU legislation are not capable of having horizontal direct effect, as they lack the requisite clarity, precision and unconditionally to ground standalone claims.
In the meantime, Benkharbouche shows the courts are likely to be relatively comfortable in applying Charter rights which correspond with the Convention rights they know so well, effectively creating, within the scope of EU law, a human rights act with real teeth.
In Morijn's opinion, it is particularly the policy stage (i.e. the stage of developing policy and drafting legislation on the Member State level) that remains crucial in order to guarantee the correct interpretation and application of those Charter rights which correspond to certain ECHR rights (p. 138).
The Chambers judge found breach of the Charter right which was not justified under S. 1 of the Charter.

Not exact matches

In any event, the point isn't whether the requirement to complete the long - form census form violates the charter, I don't think it does because it's probably either a violation «in accordance with the principles of fundamental justice» (under section 7) or a violation which is «reasonable and demonstrably justifiable in a free and democratic society» (the test under section 1), but that it does nevertheless violate the right to privacy which is one of our fundamental rights.
Notably, seven provinces opposed to the legislation, which, «in its drafting, if not in its intent, had serious and, in the view of the vast majority of witnesses, fatal flaws as to the constitutional violation of sections 92 and 91 of the British North America Act, the Charter of Rights and Freedoms, freedom of speech, expression and association as protected by that very Charter of Rights and Freedoms,» Segal said.
Canada's Constitution and the Charter of Rights, which guarantee freedom of association, evidently won't be allowed to stand in the way of the Harper government.
Abortion has been legal in Canada since 1988, when the Supreme Court of Canada ruled that Canada's abortion law violated Section 7 of the Charter of Rights and Freedoms, which guarantees «life, liberty and security of the person.»
«That Sudan continues to prosecute these men, and without even allowing them free access to their legal team, makes a mockery of the judicial process and is a clear violation of fair trial principles, as articulated in Article 7 of the African Charter on Human and Peoples Rights (ACHPR) and Article 14 of the International Covenant on Civil and Political Rights (ICCPR), to which Sudan is a party.
Just tell the Palestinians to drop their charter which vows the destruction of Israel and that they recognize Israel's right to exist.
But the conference fundamentally reinterpreted the meaning of the equal dignity of male and female recognised in the UN Charter in 1945 (see charter preamble which refers to the «equal rights of men and women&rCharter in 1945 (see charter preamble which refers to the «equal rights of men and women&rcharter preamble which refers to the «equal rights of men and women»).
Liberal opposition political forces say the charter, which passed last month after being put to a popular vote, undermines religious freedoms and does not guarantee equal rights for Copts, despite an article in the constitution that says Muslims, Christians and Jews have a right to practice their religions freely.
The centrepiece of the UN Nations Charter is the connection between the recognitionof the inherent dignity of all members of the human family (and of the inviolable and inalienable human rights which derive from that recognition) on the one hand, and peace and justice within and among nation states on the other.
This last arrest came about because he was an author, among others, of Charter 08, a publication which marked the 60th anniversary of the UN Declaration of Human Rights and which was inspired by Charter 77.
See for example the 2000 Declaration of the South Summit by the G77 composed of about 130 member States [«We reject the so - called «right» of humanitarian intervention, which has no legal basis in the United Nations Charter or in the general principles of international law».
It relies upon a concatenation of treaty provisions, including Article 9 of the Charter of Fundamental Rights of the European Union (CFR), which provides for a right to «marry and... found a family», and Articles 12 and 14 of the European Convention on Human Rights and Fundamental Freedoms (ECHR), which protect the right to marry and found a family and also prohibit discrimination.
Osborne is already facing calls from the centre - right thinktank Policy Exchange to include «a strong set of fiscal rules» in the charter, which would look to impose strict spending restrictions on future governments in order to reduce the national debt.
«Unlike the government of Argentina, the United Kingdom respects the right of our people to determine our own affairs, a right that is enshrined in the UN Charter and which is ignored by Argentina.»
«One of the key reasons why Biafra should be allowed to hold a referendum is because the principle of self - determination has, since World War 11 become a part of the United Nations Charter, which states in Article 1 (2), that one of the purposes of the UN is «to develop friendly relations among nations based on respect for the principle of equal rights and self - determination of people.
I covered it in detail in my answer on Skeptics here, the exact quote of # 19 for example is: «The partition of Palestine in 1947 and the establishment of Israel is null and void from the very beginning, whatever time has elapsed because it was done contrary to the wish of the people of Palestine and their national right to their homeland and contradicts with the principles embodied in the charter of the UN, the first of which is the right of self - determination
Kalu affirmed that the right of the Igbo had been embedded in the United Nation's charter, which gave them the full right to ask for secession if they were no longer comfortable in living together as one country called Nigeria.
Rather than looking at supporting the troops on the frontline, which the prime minister has consistently argued can not be improved, the charter aims to guarantee the rights of service personnel, their families and veterans.
«Apart from the Nigerian Constitution, article 22 of the International Covenant on Civil and Political Rights and article 10 of the African Charter on Human and Peoples» Rights to which Nigeria is a state party guarantee the rights to freedom of expression, association and peaceful assRights and article 10 of the African Charter on Human and Peoples» Rights to which Nigeria is a state party guarantee the rights to freedom of expression, association and peaceful assRights to which Nigeria is a state party guarantee the rights to freedom of expression, association and peaceful assrights to freedom of expression, association and peaceful assembly.
He added that the enforcement of the charter rests in the African Commission on Human and Peoples» Rights, which was set up in 1987 and is now headquartered in Banjul, Gambia.
The GMB union is calling for a referendum to highlight its opposition to the UK's opt - out from the EU Charter of Fundamental Rights, which it argues will compromise workers» rights and prevent them from using EU law to appeal against unsatisfactory condiRights, which it argues will compromise workers» rights and prevent them from using EU law to appeal against unsatisfactory condirights and prevent them from using EU law to appeal against unsatisfactory conditions.
The African Commission on Human and Peoples» Rights has made clear that the charter does not allow governments to «enact provisions which would limit the exercise of this freedom.»
The petition copied to Mr Zeid Ra'ad Al Hussein UN High Commissioner for Human Rights and the Conference of States Parties to the UN Convention against Corruption reads in part: «SERAP considers these amendments to be in bad faith, patently an abuse of legislative powers, politically biased, and demonstrably unjustified in a democratic and representative society governed by the rule of law, and incompatible with the country's international human rights obligations and commitments particularly the UN Convention against Corruption, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the African Charter on Human and Peoples» Rights, which Nigeria has ratified.&Rights and the Conference of States Parties to the UN Convention against Corruption reads in part: «SERAP considers these amendments to be in bad faith, patently an abuse of legislative powers, politically biased, and demonstrably unjustified in a democratic and representative society governed by the rule of law, and incompatible with the country's international human rights obligations and commitments particularly the UN Convention against Corruption, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the African Charter on Human and Peoples» Rights, which Nigeria has ratified.&rights obligations and commitments particularly the UN Convention against Corruption, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the African Charter on Human and Peoples» Rights, which Nigeria has ratified.&Rights, the International Covenant on Economic, Social and Cultural Rights, and the African Charter on Human and Peoples» Rights, which Nigeria has ratified.&Rights, and the African Charter on Human and Peoples» Rights, which Nigeria has ratified.&Rights, which Nigeria has ratified.»
Even though we are outside the euro we are still subject to an unelected EU commission which is generating new laws every day and an unaccountable European Court in Luxembourg which is extending its reach every week, increasingly using the Charter of Fundamental Rights which in many ways gives the EU more power and reach than ever before.
Sweden, which currently holds the rotating presidency of the EU, has agreed the Czech Republic could agree an opt - out to the Charter of Fundamental Rights contained in the Lisbon treaty.
Why for the UK do we NOT have a charter of rights and a Constitution of state, which are clearly defined, accessible, known to all citizens, understandable and well understood?
In his «100 - day action plan to Make America Great Again,» Trump announced the School Choice and Education Opportunity Act, which, among other proposals, would redirect education dollars to give parents the right to send their child to the public, private, charter, magnet, religious or home school of their choice.
«The Nigerian constitution and several international charters, to which the country is a signatory to, recognise the right to freedom of association by anybody, whether individual, corporate or institutional.
IPOB position is LEGALLY BACKED BY the landmark Nigerian Supreme Court judgement on the case of Abacha Vs. Fawehinmi, United Nations charter on the rights of indigenous people, and African charter which was ratified and signed by Nigeria and overrides the Nigerian Constitution on the rights for the indigenous people to the self determination.
The book includes five appendices: a snapshot of the socio - economic rights guaranteed by the African Charter on Human and Peoples» Rights (Ratification and Enforcement) Act and Chapter II of the Nigerian Constitution; a plethora of applicable national legislation that are not easily found, as well as international human rights and labour treaties to which Nigeria is a state rights guaranteed by the African Charter on Human and Peoples» Rights (Ratification and Enforcement) Act and Chapter II of the Nigerian Constitution; a plethora of applicable national legislation that are not easily found, as well as international human rights and labour treaties to which Nigeria is a state Rights (Ratification and Enforcement) Act and Chapter II of the Nigerian Constitution; a plethora of applicable national legislation that are not easily found, as well as international human rights and labour treaties to which Nigeria is a state rights and labour treaties to which Nigeria is a state party.
The city said that the contract was necessary to ensure consistent quality across prekindergarten programs, while Success said that the contract violated state law, which it argued gave a charter school's authorizer the sole right to oversee the school's operations.
From Feedback's files falls BR's commuters» Charter, which «defines the standard of service the commuter has a right to expect as value for money, in terms of punctuality, reliability, comfort, cleanliness and information».
It is extremely important to emphasize that our report focused on a number of other civil rights dimensions in charter schools, none of which have been addressed in these recent postings.
Or the state could simply require that districts that fail to reduce costs responsibly get out of the property - ownership business, either by having the state assume ownership, by placing the buildings into a third - party trust, or by establishing a cooperative to which charter schools have equal rights.
The city's two competing newspapers, the Boston Globe and the Boston Herald, which cater to the left and right of the political spectrum, respectively, have both given Boston charters consistent and full - throated editorial support.
Further, it is extremely important to emphasize that our report focused on a number of other civil rights dimensions in charter schools, none of which have been addressed in this critique.
The extent to which Uncle Sam should intrude himself into school discipline practices — and the extent to which «disparate impact» should intrude itself into federal civil - rights policies — are hugely important issues, with or without charter schools.
Some districts have simply chosen not to follow the law, which gives public charter schools the right of first refusal.
Right now, the only public charter high school in Holyoke is the Paolo Friere Social Justice High School, which admits slightly more than 100 9th graders from all over Holyoke every year via random lottery.
The National Charter School Resource Center hosted a webinar on May 9, 2013, which explored legal rights of children with disabilities and charter sCharter School Resource Center hosted a webinar on May 9, 2013, which explored legal rights of children with disabilities and charter scharter schools.
That's much of the genius behind charter schools, which, when state laws get it right, allow school leaders true autonomy and allow teachers to choose schools that align with their personal philosophies.
So my compromise position would be to acknowledge parents» right to choose their children's schools (which, for low income parents, effectively means allowing them to take public dollars with them), while at the same time being vigorous in shutting off public dollars to schools (whether they be district, private or charter schools) that are failing to prepare students to succeed on measurable academic outcomes.
Oregon is already on the right track with charter schools, which Obama propped up as part of the solution Tuesday.
The National Center for Special Education in Charter Schools (NCSECS) released a report today, «Key Trends in Special Education in Charter Schools: A Secondary Analysis of the Civil Rights Data Collection,» which examines 2013 - 2014 data on enrollment and placements of children with disabilities in the nation's charter sCharter Schools (NCSECS) released a report today, «Key Trends in Special Education in Charter Schools: A Secondary Analysis of the Civil Rights Data Collection,» which examines 2013 - 2014 data on enrollment and placements of children with disabilities in the nation's charter sCharter Schools: A Secondary Analysis of the Civil Rights Data Collection,» which examines 2013 - 2014 data on enrollment and placements of children with disabilities in the nation's charter scharter schools.
Avoid expanding school privatization options, including privately - operated charter schools, vouchers and neo-vouchers, such as tax credits and opportunity tax scholarships, which research shows: (1) fail to deliver on the promise of better learning opportunities and student performance; (2) siphon limited resources from local community schools; (3) open up the potential for violating students» civil rights; (4) hinder transparency and accountability; and (5) tend to lead to more schools being racially segregated.
Over 30,000 people have signed a petition calling on the U.S. Department of Education to open a civil rights investigation into Success Academy Charter Schools, which have received $ 37 million in federal funds since 2010.
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