The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity.
Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology.
The right of self-defense is the right for people to use reasonable or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including – in certain circumstances – the use of deadly force.
The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. It is the body of rules that organizes and regulates the rights and duties arising between individuals. The specific rights and duties are referred to as obligations, and this area of law deals with their creation, effects and extinction.
Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Such legal immunity may be from criminal prosecution, or from civil liability, or both. The most notable forms of legal immunity are parliamentary immunity and witness immunity. One author has described legal immunity as "the obverse of a legal power":
A party has an immunity with respect to some action, object or status, if some other relevant party – in this context, another state or international agency, or citizen or group of citizens – has no (power) right to alter the party's legal standing in point of rights or duties in the specified respect. There is a wide range of legal immunities that may be invoked in the name of the right to rule. In international law, immunities may be created when states assert powers of derogation, as is permitted, for example, from the European Convention on Human Rights "in times of war or other public emergency." Equally familiar examples include the immunities against prosecution granted to representatives and government officials in pursuit of their duties. Such legal immunities may be suspect as potential violations of the rule of law, or regarded as quite proper, as necessary protections for the officers of the state in the rightful pursuit of their duties.
Some philosophers distinguish two types of rights, natural rights and legal rights.
Noblesse oblige is a French expression that means that nobility extends beyond mere entitlement, requiring people who hold such status to fulfill social responsibilities; the term retains the same meaning in English. For example, a primary obligation of a nobleman could include generosity towards those around him. As those who lived on the nobles' land had obligations to the nobility, the nobility had obligations to their people, including protection at the least.
On Liberty is an essay by the English philosopher John Stuart Mill. Published in 1859, it applies Mill's ethical system of utilitarianism to society and state. Mill suggests standards for the relationship between authority and liberty. He emphasizes the importance of individuality, which he considers prerequisite to the higher pleasures—the summum bonum of utilitarianism. Furthermore, Mill asserts that democratic ideals may result in the tyranny of the majority. Among the standards proposed are Mill's three basic liberties of individuals, his three legitimate objections to government intervention, and his two maxims regarding the relationship of the individual to society.
Self-ownership, is the concept of property in one's own body, expressed as the moral or natural right of a person to have bodily integrity meaning the right to be the exclusive controller of one's own body including one's life, where 'control' means exerting any physical interference and 'exclusive' means having the right to install and enforce a ban on other people doing this. Since the legal norm of property title claim incapacitates other people from claiming property title over the same resource at the same time, the right to control or interfere with one's own body in any arbitrary way is secured. Libertarians usually bundle self-ownership with self-sovereignty as a concept. Self-ownership is a central idea in several political philosophies that emphasize individualism, such as libertarianism, liberalism, and anarchism.
The Constitution of the State of Hawaii, also known as the Hawaii State Constitution, is the fundamental governing document of the U.S. state of Hawaiʻi. As an organic text, it establishes the principles and framework of government, enumerates the rights and freedoms of Hawaiian citizens, and serves as the supreme law of the state.
Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views.
Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country, and to leave the country and return to it. The right includes not only visiting places, but changing the place where the individual resides or works.
Assignment is a legal term used in the context of the laws of contract and of property. In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee. An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee. The right or benefit being assigned may be a gift or it may be paid for with a contractual consideration such as money.
Wesley Newcomb Hohfeld was an American jurist. He was the author of the seminal Fundamental Legal Conceptions as Applied in Judicial Reasoning and Other Legal Essays (1919).
The right of person A to obligate person B to refrain from (causal) physical interference with, in particular a purely interfering negligence tort against, some object or thing is called a negative right. So a negative right is a claim right. If a claim right is not a negative right, it is called a positive right. To every claim right of person A to obligate person B corresponds the obligation on B, so the obligation corresponding to a negative right is called a 'negative obligation' and an obligation corresponding to positive right a 'positive obligation'. Examples of negative rights are natural right to self-ownership and property like land and territorial sovereignty of the state. An examples of a positive right is the right of the government to enforce the law on all inhabitants or a sale contract to receive a product. Defamation, free-market competition or refusal to offer a delivery service are not forms of damage that are tortuously necessarily caused by an act of pure interference. Bans on these actions are positive obligations and the right to inviolability of these actions are positive rights.
Civil liberties in the United Kingdom are part of UK constitutional law and have a long and formative history. This is usually considered to have begun with Magna Carta of 1215, a landmark document in British constitutional history. Development of civil liberties advanced in common law and statute law in the 17th and 18th centuries, notably with the Bill of Rights 1689. During the 19th century, working-class people struggled to win the right to vote and join trade unions. Parliament responded with new legislation beginning with the Reform Act 1832. Attitudes towards suffrage and liberties progressed further in the aftermath of the first and second world wars. Since then, the United Kingdom's relationship to civil liberties has been mediated through its membership of the European Convention on Human Rights. The United Kingdom, through Sir David Maxwell-Fyfe, led the drafting of the Convention, which expresses a traditional civil libertarian theory. It became directly applicable in UK law with the enactment of the Human Rights Act 1998.
Article One of the Georgia State Constitution describes the Georgia Bill of Rights, a set of forty paragraphs which enumerate the Rights of Persons, the Origin and Structure of Government and other General Provisions. The Georgia Bill of Rights was written by Thomas R.R. Cobb under the title Declaration of Fundamental Principals, as part of the Georgia Constitution of 1861 when the State of Georgia seceded from the United States of America and joined the Confederate States of America.
Part Two of the Constitution of Albania is the second of eighteen parts. Titled The Fundamental Human Rights and Freedoms, it is divided into 6 chapters that consist of 49 articles.
A legal relationship or legal relation is a legal connection between two persons or other entities. It may also be known, particularly in the law of India, as a jural relationship. A legal relationship may exist, for example, between two individuals or between an individual and a government. Legal relationships often imply rights and obligations. Examples of legal relationships include contracts, marriage, and citizenship. As with other fundamental legal concepts, many different ways of defining and classifying legal relationships have been put forward.
