Sentences with phrase «human rights jurisdiction»

The issue in this appeal is how that discretion ought to be exercised when another tribunal with concurrent human rights jurisdiction has disposed of the complaint.
But sudden big changes in the UK constitution are not easily accepted, as we have seen with the likes of giving more power to the EU and the Human Rights Act, which gives the European Court of Human Rights jurisdiction in the UK and which the Tories want to replace.

Not exact matches

«Another factor is companies [that punish protesting employees] could be viewed as retaliating against political statements, which in some jurisdictions are protected under the human rights legislation, and that can get really hairy.
Like other nations, however, Canada has steadfastly resisted pressure to directly regulate companies» behaviour abroad, even when they're operating in jurisdictions with abysmal human rights records.
A first element is the unconditionality with which human rights and human dignity should be presented as values that take precedence over any state jurisdiction.
International political organization should have jurisdiction only in matters essential to basic peace and justice among the nations and to the preservation of certain universal human rights everywhere.
The Protocol authorizes the UN Human Rights Committee to receive and consider communications from individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of any of the rights set forth in the CovRights Committee to receive and consider communications from individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of any of the rights set forth in the Covrights set forth in the Covenant.
The first and most urgent obligation of law and government is to protect the fundamental rights of every human being within their jurisdiction.
He called for a new environmental solidarity to deal with ecological issues that transcend national jurisdictions and he insisted that a «right to a safe environment» be included in the Charter of Human Rights.
Had the Conservatives had a Parliamentary majority (or had formed a coalition with a certain party whose name shall go unmentioned), they might have found a way back to the status quo ante on at least (some of) the reforms that are practically reversible, viz. the House of Lords, the Human Rights Act, the Lord Chancellor's jurisdiction over the judiciary.
«SERAP also argues that Nigerians are entitled to the right to truth derived from the obligations of the government to carry out an investigation of violations of human rights and crime of corruption committed within its jurisdiction; to identify, prosecute and punish those responsible; and to ensure that victims have the simple and prompt recourse for protection against violation of fundamental rights, as well as to ensure transparency in public administration.»
[27] Although Davis is a staunch Eurosceptic and has criticised the record of the European Court of Human Rights, he has also argued against withdrawal from the court's jurisdiction, on the basis it might encourage countries with far worse civil liberties to do likewise.
The Supreme Court of Canada considered this inherent substantial jurisdiction of provincial superior courts in Canada (Human Rights Commission) v. Canadian Liberty Net, 1998 CanLII 818 (SCC), [1998] 1 S.C.R. 626 at para. 32:
«SERAP also notes the final report on the Question of Impunity of Perpetrators of Human Rights Violations by UN Special Rapporteur El Hadji Guiss which concluded that violations of economic, social and cultural rights could be declared international crimes that are consequently subject to the principles of universal jurisdiction and imprescriptibility.&Rights Violations by UN Special Rapporteur El Hadji Guiss which concluded that violations of economic, social and cultural rights could be declared international crimes that are consequently subject to the principles of universal jurisdiction and imprescriptibility.&rights could be declared international crimes that are consequently subject to the principles of universal jurisdiction and imprescriptibility.»
• Amending Chapter 536 of the Laws of 2010 concerning the jurisdiction of the Division of Human Rights over claims made under that statute;
A recent appeals court ruling found that school districts weren't under the jurisdiction of the New York State Division of Human Rights.
«By asserting extraterritorial jurisdiction, the Drip bill could provide unintended justification for such actions by other governments, including those that seek to limit freedom of expression and other human rights online.
That last sentence is the heaviest hint yet that the Tories will back leaving the jurisdiction of the European Court of Human Rights.
He said that a collapse of the treaty could mean that «countries which have accepted the jurisdiction of the court and which have poor human rights records but which have at least been subject to a lot of pressure will see that pressure removed.»
The Human Rights Division of the Superior court of Jurisdiction in High court of Justice Accra, preferred an out of court settlement, which was accepted by both the plaintiffs, Mr. Philip Ayamba and seven others and the Defendant, the Ministry of Justice and Attorney General's Department in respect of L.I 2146.
The ECOWAS Community Court of Justice dismissed a preliminary objection filed by the Federal Government of Nigeria challenging the jurisdiction of the court to hear a case of breach of fundamental human rights filed by Nnamdi Kanu.
As no state successfully secures women's human rights within its own jurisdiction, no state is motivated to «break ranks» 29 and confirm a human rights norm for women's status and treatment that no state thus far meets.
Asserting that anthropogenic climate change poses an existential threat to our nations, our cultures and to our way of life, and thereby undermines the internationally protected human rights of our people — including the right to sustainable development, right to life, the right to self - determination and the right of a people not to be deprived of its own means of subsistence, as well as principles of international law that oblige all states to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction;
By contrast to accession to the European Convention of Human Rights, which would effectively enable the jurisdiction of a separate international court over all aspects of EU legislative and administrative acts, the ambit of jurisdiction of any future joint EU - UK court would be far more limited.
Nor does it just say the council may consider a ruling, issued by a tribunal constituted under the Human Rights Act or a court of competent jurisdiction under the Charter, that the university has violated the Human Rights Act or Charter,» the court of appeal also said.
The Ontario Human Rights Commission wouldn't proceed with a similar complaints against the magazine (neither would the Canadian Human Rights Commission), but in an odd twist, while the Ontario commission's press release said it wasn't within its jurisdiction to deal with the contents of magazine articles, it cast judgment anyway, saying it «strongly condemns the Islamophobic portrayal of Muslims, Arabs, South Asians and indeed any racialized community in the media, such as the Maclean's article and others like them, as being inconsistent
There's a reason why this legal opinion comes from a leading human rights lawyer in our jurisdiction.
The Supreme Court of Canada will be hearing an appeal of Schrenk v. British Columbia (Human Rights Tribunal) and determining whether the B.C Human Rights Tribunal had jurisdiction to hear a complaint about discrimination in employment involving individuals from different workplaces / separate employers.
These frameworks attempt to circumvent national constitutional or human rights protections governing interferences with the right to privacy of communications that, States purport, apply only to nationals or those within their territorial jurisdiction.
Unlike other jurisdictions which rely upon mandatory quota and affirmative action schemes to ensure more acceptable rates of employment amongst their handicapped citizens, Canadian governments have relied upon human rights legislation.
In Ontario, there are two human rights tribunals which may have jurisdiction, one being provincial and the second federal.
[22] The Association also argued that such an analysis, even had it been within its jurisdiction, was already being undertaken in related proceedings before the Human Rights Tribunal, making the matter an abuse of process.
He acts in all areas of labour, employment, and human rights law in both provincial and federal jurisdictions, regularly helping clients respond to wrongful and constructive dismissal claims, human rights complaints, and statutory entitlement claims.
In addition, he has worked in the firm's London office and conducted internal investigations of anti-corruption and human rights compliance issues for multinational corporations and their subsidiaries across many international jurisdictions.
The issue of solitary confinement is now being investigated at all levels of government, in multiple jurisdictions, including by the Ontario Ombudsman, the Ontario Human Rights Commission, the federal government, and now the B.C Supreme Court.
Neil is currently instructed in a number of cases before the European Court of Human Rights including AL v United Kingdom (female genital mutilation in Nigeria), Bureau of Investigative Journalism v United Kingdom (bulk interception of communications; protection of journalistic sources), and Nait - Liman v Switzerland (universal jurisdiction for acts of torture; state immunity).
The ECJ could not remain indifferent to the global trend to widen the category of crimes that «should not go unpunished», according to recent International Criminal Court (ICC) guidelines (see Policy Paper on Case Selection and Prioritisation of the Office of the Prosecutor, 15 September 2016), and therefore consider «serious» financial crimes as crimes against human rights, with the primary objective of ensuring «jointly with the relevant national jurisdictions, that the most serious crimes committed in each situation do not go unpunished» (ICC, Policy Paper, para. 1 (8)-RRB-, through the implementation of «effective» measures.
Some of the allegations relate to the broadcast of the offensive logo and team name, which is a federal issue, while hosting the game in Ontario sees the matter also fall under provincial jurisdiction, which is why applications were filed with both federal and provincial human rights tribunals.
This test can be applied to specific causes of action in a Statement of Claim even if other causes of action are within the Federal Court's jurisdiction (see Canada (Human Rights Commission) v. Canadian Liberty Net, [1998] 1 SCR 626 at para 8):
Businesses working across jurisdictions will increasingly have to deal with «human rights» issues, says Chris Syder
In February a Spanish judge of the National Court indicted Karake, along with 39 other Rwandans including president Paul Kagame, with crimes against human rights, claiming «universal jurisdiction» to do so.
Human Rights: Tribunal Jurisdiction; Discrimination Schrenk v. British Columbia (Human Rights Tribunal), 2016 BCCA 146 (37041)
An Indigenous activist's case against a Major League Baseball team and its league will be before the Ontario Divisional Court next week as the league argues that Ontario's Human Rights Tribunal does not have jurisdiction to hear the case.
We also act for clients in the courts of other countries, including Hong Kong, France and Australia and offshore jurisdictions, and before the General Court and the European Court of Justice in Luxembourg, the European Court of Human Rights, the World Trade Organisation Dispute Settlement Body, the International Labour Organisation Administrative Tribunal and the United Nations Dispute Tribunal.
His expertise spans issues of state responsibility, treaty law, immunities from jurisdiction, justiciability and act of state as well as international humanitarian law and international human rights law.
Human rights cases provide an array of interesting procedural issues, including questions of personal jurisdiction.137 Several important cases brought under the Alien Tort Statute (ATS) 138 could form the basis for interesting LRW problems involving corporate structures and personal jurisdiction or other procedural issues.
Peter Skelton QC's practice encompasses public inquiries, inquests, human rights litigation, clinical negligence, judicial review, national security and personal injury litigation, with a particular emphasis on multi-party actions and claims arising in foreign jurisdictions.
«Whenever a student puts a human rights - related concern in a letter of appeal, the faculty has told us that they do not have the jurisdiction to consider human rights - related matters, which is a huge problem,» Gervais tells Legal Feeds.
In December 2014, the Investigatory Powers Tribunal — the UK court which has jurisdiction over GCHQ, MI5 and MI6 — ruled that these practices may in principle comply with the UK's human rights obligations, a finding that is the subject of this challenge.
In two decisions, the Canadian Human Rights Tribunal dismissed the complaints for lack of jurisdiction, and concluded such a challenge may only be brought under s. 15 of the Canadian Charter of Rights and Freedoms and therefore must be made to a court of law.
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