Research Methods Legal Studies Assignment Sample

 Introduction Of Research Methods Legal Studies Assignment

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There are various principal sources of graving human rights throughout the world, criminal justice systems are principal sources of grave human rights violations. It would include extrajudicial executions and also include torture[1], and detention at the arbitrary level, and also discrimination. The human rights clinic at an international level has been responsible for developing the substantial expertise for the documentation of such rights which have been abused in the context of the criminal justice and also for advocation of the investigations which are effective and thus also include remedies as well as reforms and accountability for the specified purposes.

This also been responsible for addressing the issues which were recorded regarding criminal justice in the country of Brazil, Mexico, Panama, Haiti, El Salvador, Paraguay, India, and the United States. The work in the project would include the finding of the fact, also writing of the report, advocacy, outreach of the media, and also litigation that were related to the security of the public and the rights of the human. There would have been litigation in the Inter-American[2] system regarding various rights of the prisoners and also the justice which takes place at juvenile and it will also result in conducting of the investigation that is extensive on police and the abuse that happen in various of the countries like Brazil.

BACKGROUND 

The humanitarian law which is at an international level is traditionally taking the formulation in the terms which have been specified in the terms of such rules that are objective for conducting the groups that are from states and armed groups while there are some human rights at an international level and that is expressed in the terms of the rights that are subjective for an individual. At present, there is an increasing number of the rules of the international humanitarian[3] law which are particular for the fundamental and have been guaranteeing for all the individuals who are in the authority of the party to the conflict and also to the rules of the international humanitarian law on the context which are for non-international armed conflict.

These are also taken place as the formulation in various of the subjective rights of the individual. For example, the rights of the individuals whose liberty has been placed in the restriction for receiving the individual or the collective relief or also the families as well as their rights, and this are done to know the fate of their relatives. Conversely, it could also take into consideration that various subjective rights have been translated by the United Nations General Assembly. Hence various resolutions[4] are converted into the rules of conduct for the officials at the state level. 

LITERATURE REVIEW

According to the author[5], there are basic principles that are reliable on the use of the forces and firearms by the officials of the law enforcement. They have been also adopted at the eighth united nations congress on the prevention of crime as well as the treatment of the offenders in the year 1990. This also had helped in providing an authoritative[6] interpretation of the principles and the authorities who must pay respect when they have been using force for not infringing the right to life. They would help in directing, inter alia, there shall be law enforcement officials who would like to give the clear warning of their intentions to them so that they could use the firearms, and they must have some sufficient period for the warning which have been observed, unless they are required to do so, and would unduly help in placing the law. There would be some phases where the officials[7] shall be involved in the process of the enforcement which would help in creating the risk of death.

This also might cause some serious harm or would not be very much inappropriate or pointless in some similar circumstances for the incident which have been happening around us. When there are comparisons of norms that are at the perspective of the law of the human rights at an international level and also there are some international humanitarian laws, they easily become apparent that the latter would protect only some of the human rights and only for the extension which has been are particularly endangered by the conflicts, and have not, as such, incompatible with the very armed conflict that is already existing[8].

According to the author[9], the Injured must be treated with respect and humanity for their rights and dignity, and proper measures must be taken for ensuring their psychological and physical privacy, safety, and well-being in connection to those regarding their families; The injured would have access to the remedies for jury inclusive of (a) effective and equal access to the jury (b) effective, adequate and fast repair for their suffering from the harm, and (c) access towards the appropriate information regarding the reparation[10] and violation related mechanism. Again, an injured of a gross breaching of the foreign humanitarian law will have equitable access towards the judicial remedies effectively as given for under the foreign law in connection with access to administrative and other bodies. The injured must also accept reparation, which must be proportional to the breaching gravity and are suffered from harm. Reparation ineffective could take various forms constituting compensation, restitution, satisfaction, rehabilitation, and non - repetition guarantee[11]. The things included in restitution as proper human rights enjoyment, restoration of liberty, citizenship, identity, return to one's residential place, property return, and employment restoration. Finally, the injured must have appropriate access to the relevant knowledge regarding the reparation and breaching mechanisms.

According to the author[12], there are different rights regarding social security in connection to the rights for free election, free from the rights of self-decision or their thought that are uncovered by the foreign law of humanitarian. In a large number of conditions, its regulations could be, on the scares matters which are dealt with, larger adapting for the specified issues that arise in an armed dispute. However, while the regulations[13] regarding the foreign law of humanitarian towards the person's treatment who are found to be in the enemy's power that might be well - understood as applying their rights as human rights, which takes the armed necessity and the peculiarities regarding military disputes into the account, specified regulations towards the hostility - based conduction dealing concerning the matters that are not indicated by the human rights, for instance, those who might participate directly towards the hostility and the way these people should differentiate themselves from the civilized population, or the identification of rights of the personnel related to the medical field. The law of foreign humanitarian gives towards the safety of several political and civil rights like that of the rights relating to enemy's life as situated[14] hors de combat or guarantee - based judiciary, social, economic or rights relating to culture like the rights for the food or health and the group relating rights like the rights for the environmental rights. This is specifically proved in context to the sick or wounded, that should be protected, respected, cared and gathered for.

RESEARCH METHODOLOGY

Research Aim

The research will be aim at gaining a deeper level of knowledge on the topic to explore and established the conflicts and historical relationship between human rights[15] and criminal laws. This will be helpful in gaining a sense of exploring and establishing the conflicts. It will help in also exploring the relationships which are historical between the criminal laws as well as human rights.

Research objective

The research which is going to be done with an objective which is discussed as follows are-

• To study the topic that is about the historical relationship between criminal laws and human rights.
• For establishing the rules of the conflicts and finding the solutions to the research questions.

Research significance

The importance of the research can be stated by the concept that humanitarian law at the international level is responsible for containing two different frameworks with the specified legal area. These are non-international armed conflicts[16]. Article 3 is very much common to the Geneva convention which has stipulated that armed conflict is not the case of the international character.

APPROACH TO BE USED FOR RESEARCH

In research there shall be a use of the qualitative approach of the study. There are few numbers of articles that have been used for researching the aforementioned topic.

As per the chief Guidelines and Principles to the Reparation and Remedial rights for victims of gross breaching of the Foreign Human Right laws and Humanitarian Law related serious violations, the injured are "those people or group of people who are suffering from harm, inclusive of mental or physical injury, economic loss, emotional suffering, huge impairment towards the basic rights, utilizing omission or acts which comprise gross breaching of the foreign human right laws, or higher degree violation of foreign humanitarian law.

Cases of proper, and according to domestic law, the word 'victim' again is inclusive of immediate dependents or family of the victim directly and those people who are found to suffer the harm during the process of intervention to help the distressed victims or to keep the concept of victimization away". The fundamental guidelines and principles make it clarified that the rights of the victim under the foreign humanitarian[17] law and the foreign human right law are inclusive of the State obligations for the prevention of the recurring violations and for them to investigate while performing. The fundamental guidelines and Principles again mention that the respect-based obligations, is there to ensure the element of respect for and utilization of foreign humanitarian law and the foreign human right law as given under the respective law bodies, including, inter alia, the duty towards:

(a) Take proper administrative and legislative and other required measures for the prevention of violations

(b) Investigate breaching in an effective, thorough, prompt, and impartial manner where required, do perform actions against the allegedly[18] obliged about the foreign and domestic law

(c) Provide people who claim to be injured relating to a humanitarian or human rights law breaching with effective and equal access to the justifiable cases

(d) Disregards of people who might finally become a bearer of the accountability for the breaching; and provide remedies with effect to the injured, inclusive of reparation.

Foreign law for human rights, fulfillment, and protection which stretch over all the rights of human. These given three terms consider the violation of the foreign human rights accountability. Foreign law of humanitarian is a set regarding the regulations that are seeking humanitarian-based reasons, to restrict the influence of military disputes. It helps in the protection of people who are no longer or not found to participate in the hostility and limits the methods and ways of welfare. Its potential is, hence, restricted material rationed for circumstances of military disputes.

Foreign law of humanitarian is a portion of us in Bello (the legislation on how the forces might be utilized), that have to be separated and differentiated from its ad Bellum (the legislation on the utilization of the legitimate force). The utilization of force is restricted under the United Nations Charter. Further, the law of foreign humanitarian is to be implemented equally by every side to all the military disputes, irrespective of their justifiable cause or reason[19]. This equates in between the belligerent again is necessarily differentiate military disputes, for which the law of foreign humanitarian law is implemented, from a criminal case, for which the laws regarding the human rights and the criminal legislation is to be applied and enforced.

DISCUSSION TO BE TAKEN FOR PURPOSE OF RESEARCH

In this context, both of the foreign humanitarian law and foreign human right law gives extensive guarantees and protections for the people's right not in an active manner or not largely hostilities in participation inclusive of civilians. Both the law bodies are applied that must be carried in a mutually or complementary manner to reinforce. By doing this, repels the gap for protection and helps in facilitating a dialogue along with the disputes of the parties regarding the extent of the law-based obligations. Furthermore, the complementary implementation of both of these law bodies would again give the essential elements to trigger the foreign or domestic responsibility mechanism to the violation as committed to the dispute. Lastly, both of the regimes give the essential mechanism[20] for ensuring that the injured could exercise the remedial rights and towards their reparation.

The rights of humans could be good to resolve the dispute as it could contribute to the long-term related stability for settlement of disputes. The safety of the rights of humans is effective with the usual justice association. This is caused by our expectation which is justifiable in a society that would protect the rights of a human being. Violent disputes grew by the self-decided quest, demand for clear access for discriminatory resistance and resources. Abuses regarding human rights create the dehumanized cycles as per the fear. The refusal for the rights of humans could engender and aggressive disputes and many more so that the demand regarding similar rights could be regarded.

Over the period, it would hold that the distinction in between the foreign law of humanitarian and human rights as that the earlier implemented in times of silence and the afterward condition relating to the military disputes. Modern foreign law, though, recognize those which is inappropriate in regards to their differences. Though, it is broadly known these days by the foreign community which since the obligation - based human rights derived from the known of inherited human rights[21] in connection to those whose rights can be influenced both in the period of war and peace, foreign law related to human rights continues to be implemented in the circumstances of military conflicts. However, it is never found in the treaties of human rights specified that they will be not implement in the period of military disputes. As a consequence, the two bodies are based on foreign humanitarian and human rights laws. These are considered to be sources relating to the complementary obligations in the circumstances of military disputes.

CONCLUSION

With the respect to both the international law of human rights as well as the international law of humanitarian, it could be said that they have been providing an extensive level of the protections and giving guarantee for the persons and their right and could no longer make participation in the civilians[22] which also include hostilities. There is an application of the law and their bodies of the law which are carried out in a manner that is complementary and would mutually reinforce the considered manner. This will help in preventing gaps in the level of protection and will help in facilitating the dialogues with the parties to the conflict that concerns the obligations in a legal manner.

There shall also be involved theory and the cases of proper, and also that are following the domestic law, the word victim again is inclusive of immediate as well as on the dependents or upon the family of the victim directly and those people who are found to suffer more the harm during the process of intervention to help the distressed victims or to keep the concept of victimization away. There also shall be an application of the law which shall be providing the required as well as the important elements which would help in triggering the accountability[23] at both the levels at the national level or the international level. These are also sometimes treated as the mechanisms for such violations which have been committed because of the various phases of the conflict. Finally, both the legal regimes would also help provide the mechanisms which are necessary for ensuring the victims would be exercising the rights to the reparation and well the rights to the remedy.

GNATT CHART

References 

Anthony, Kanu Ikechukwu. "Igwebuike philosophy and human rights violation in Africa." du salut: Une E’tude Analytique de Sermon 52 de Saint Augustine P. Kolawole Chabi, PhD, OSA 57 5. A Paraliament Of Vultures As Paradigms (2018): 109.

Appel, Benjamin J. "In the Shadow of the International Criminal Court: Does the ICC Deter Human Rights Violations?." Journal of conflict resolution 62, no. 1 (2018): 3-28.

Cordner, Stephen, and Morris Tidball-Binz. "Humanitarian forensic action—Its origins and future." Forensic science international 279 (2017): 65-71.

Cossart, Sandra, Jérôme Chaplier, and Tiphaine Beau De Lomenie. "The French law on duty of care: A historic step towards making globalization work for all." Business and Human Rights Journal 2, no. 2 (2017): 317-323.

Davis, Seth, and Christopher A. Whytock. "State remedies for human rights." BUL Rev. 98 (2018): 397.

Deva, Surya, and David Bilchitz, eds. Building a treaty on business and human rights: context and contours. Cambridge University Press, 2017.

Fortin, Katharine. The accountability of armed groups under human rights law. Oxford University Press, 2017.

Greer, Steven, Janneke Gerards, and Rose Slowe. Human rights in the Council of Europe and the European Union: achievements, trends and challenges. Vol. 29. Cambridge University Press, 2018.

Lokugamage, A. U., and S. D. C. Pathberiya. "Human rights in childbirth, narratives and restorative justice: a review." Reproductive Health 14, no. 1 (2017): 1-8.

Smith, Rhona KM. International human rights law. Oxford University Press, 2018.

Spano, Robert. "The Future of the European Court of Human Rights—Subsidiarity, Process-Based Review and the Rule of Law." Human Rights Law Review 18, no. 3 (2018): 473-494.

Sriram, Chandra Lekha, Olga Martin-Ortega, and Johanna Herman. War, conflict and human rights: theory and practice. Routledge, 2017.

Wuerth, Ingrid. "International Law in the Post-Human Rights Era." Tex. L. Rev. 96 (2017): 279.

[1] Smith, Rhona KM. International human rights law. Oxford University Press, 2018.

[2] Deva, Surya, and David Bilchitz, eds. Building a treaty on business and human rights: context and contours. Cambridge University Press, 2017.

[3] Greer, Steven, Janneke Gerards, and Rose Slowe. Human rights in the Council of Europe and the European Union: achievements, trends and challenges. Vol. 29. Cambridge University Press, 2018.

[4] Wuerth, Ingrid. "International Law in the Post-Human Rights Era." Tex. L. Rev. 96 (2017): 279.

[5] Davis, Seth, and Christopher A. Whytock. "State remedies for human rights." BUL Rev. 98 (2018): 397.

[6] Davis, Seth, and Christopher A. Whytock. "State remedies for human rights." BUL Rev. 98 (2018): 397

[7] Davis, Seth, and Christopher A. Whytock. "State remedies for human rights." BUL Rev. 98 (2018): 397

[8] Davis, Seth, and Christopher A. Whytock. "State remedies for human rights." BUL Rev. 98 (2018): 397

[9] Anthony, Kanu Ikechukwu. "Igwebuike philosophy and human rights violation in Africa." du salut: Une E’tude Analytique de Sermon 52 de Saint Augustine P. Kolawole Chabi, PhD, OSA--------------------------------------------------------57 5. A Paraliament Of Vultures As Paradigms (2018): 109.

[10] Anthony, Kanu Ikechukwu. "Igwebuike philosophy and human rights violation in Africa." du salut: Une E’tude Analytique de Sermon 52 de Saint Augustine P. Kolawole Chabi, PhD, OSA--------------------------------------------------------57 5. A Paraliament Of Vultures As Paradigms (2018): 109.

[11] Anthony, Kanu Ikechukwu. "Igwebuike philosophy and human rights violation in Africa." du salut: Une E’tude Analytique de Sermon 52 de Saint Augustine P. Kolawole Chabi, PhD, OSA--------------------------------------------------------57 5. A Paraliament Of Vultures As Paradigms (2018): 109.

[12] Cossart, Sandra, Jérôme Chaplier, and Tiphaine Beau De Lomenie. "The French law on duty of care: A historic step towards making globalization work for all." Business and Human Rights Journal 2, no. 2 (2017): 317-323.

[13] Cossart, Sandra, Jérôme Chaplier, and Tiphaine Beau De Lomenie. "The French law on duty of care: A historic step towards making globalization work for all." Business and Human Rights Journal 2, no. 2 (2017): 317-323.

[14] Cossart, Sandra, Jérôme Chaplier, and Tiphaine Beau De Lomenie. "The French law on duty of care: A historic step towards making globalization work for all." Business and Human Rights Journal 2, no. 2 (2017): 317-323.

[15] Fortin, Katharine. The accountability of armed groups under human rights law. Oxford University Press, 2017.

[16] Spano, Robert. "The Future of the European Court of Human Rights—Subsidiarity, Process-Based Review and the Rule of Law." Human Rights Law Review 18, no. 3 (2018): 473-494.

[17] Lokugamage, A. U., and S. D. C. Pathberiya. "Human rights in childbirth, narratives and restorative justice: a review." Reproductive Health 14, no. 1 (2017): 1-8.

[18] Spano, Robert. "The Future of the European Court of Human Rights—Subsidiarity, Process-Based Review and the Rule of Law." Human Rights Law Review 18, no. 3 (2018): 473-494.

[19] Spano, Robert. "The Future of the European Court of Human Rights—Subsidiarity, Process-Based Review and the Rule of Law." Human Rights Law Review 18, no. 3 (2018): 473-494.

[20] Smith, Rhona KM. International human rights law. Oxford University Press, 2018.

[21]Smith, Rhona KM. International human rights law. Oxford University Press, 2018.

[22] Deva, Surya, and David Bilchitz, eds. Building a treaty on business and human rights: context and contours. Cambridge University Press, 2017.

[23] Deva, Surya, and David Bilchitz, eds. Building a treaty on business and human rights: context and contours. Cambridge University Press, 2017.