http://www.wired.com/threatlevel/2011/06/internet-a-human-right/
http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf
A UN report has indirectly declared internet access a human right , i dont have time to read it with exams coming but i'v been saying for years that internet access will eventually be a human right. Keep in mind this is not a 'fundamental declaration of rights' right but a right under Treaty jurisprudence applicable only in a certain sitaution.
So no : you cannot sue daddy for taking away your 100mbit connection. It doesnt work that way- maybe in 50 years it will.
Sunday, May 6, 2012
The suggestion of a referendum on the Privy council and Gay rights
IF
there are any constitional scholars out there you can correct me if i'm
wrong , but referendums are only constitutionally necessary to change
'entrenched' or fundamental principles of government , like the court
system.
It makes logical and legal sense to have a referendum for the privy council's adoption : it will allow the government an opportunity to galvanize and educate the public in support of a change to the Court system .The court system is the 3rd branch of government and the guardian of their rights, the people have a say in how their rights are to be treated.
In short , they have a right to vote on their own rights.
However this is not true for the debate on equal rights for LGBT persons : There is no right to decide the rights of other people especially a minority group. It goes against the constitution itself ( Right to Equality) and against hundreds of years of political science and philosophy.
The interpretation of what human rights mean is a complex process, but it is a process to be decided by impartial bodies such as the courts and international tribunals. The modern concept of Human Rights was largely created by the UN in the Declaration of the Rights of Man in 1948. The UN human rights committee has already decided Non discrimination and equality means equal rights for LGBT persons :
http://en.wikipedia.org/wiki/Toonen_v._Australia
The wealth of international case shows that once you have the right to Equality protected in the constitution , Equality means Equal rights for LGBT persons as well.
So the result of any referendum on LGBT rights is unnecessary . It is also a principle of Human Rights (and common sense) that a Majority must never decide the rights of a minority.
This happened in Nazi Germany : First they came for the gays , then the jews and gypsies , then those with deformities all because the masses supported Hitler.
Once you strengthen the rights of one group you strengthen all.
And i must reiterate again : The gay rights movement in Trinbago is not for 'marriage' , that is a debate only relevant to the USA. It is at present legal in theory to fire someone from their job for being gay , and gays are not given equal protection against domestic violence etc.
It makes logical and legal sense to have a referendum for the privy council's adoption : it will allow the government an opportunity to galvanize and educate the public in support of a change to the Court system .The court system is the 3rd branch of government and the guardian of their rights, the people have a say in how their rights are to be treated.
In short , they have a right to vote on their own rights.
However this is not true for the debate on equal rights for LGBT persons : There is no right to decide the rights of other people especially a minority group. It goes against the constitution itself ( Right to Equality) and against hundreds of years of political science and philosophy.
The interpretation of what human rights mean is a complex process, but it is a process to be decided by impartial bodies such as the courts and international tribunals. The modern concept of Human Rights was largely created by the UN in the Declaration of the Rights of Man in 1948. The UN human rights committee has already decided Non discrimination and equality means equal rights for LGBT persons :
http://en.wikipedia.org/wiki/Toonen_v._Australia
The wealth of international case shows that once you have the right to Equality protected in the constitution , Equality means Equal rights for LGBT persons as well.
So the result of any referendum on LGBT rights is unnecessary . It is also a principle of Human Rights (and common sense) that a Majority must never decide the rights of a minority.
This happened in Nazi Germany : First they came for the gays , then the jews and gypsies , then those with deformities all because the masses supported Hitler.
Once you strengthen the rights of one group you strengthen all.
And i must reiterate again : The gay rights movement in Trinbago is not for 'marriage' , that is a debate only relevant to the USA. It is at present legal in theory to fire someone from their job for being gay , and gays are not given equal protection against domestic violence etc.
Several religious groups also support equal rights (short of marriage).
http://www.stabroeknews.com/2012/news/stories/05/06/catholics-must-challenge-laws-that-promote-discrimination-%E2%80%93-aec-president/
As a catholic i'm glad when my own political views intersect with what the dude in rome says.
If anyone has not seen my thesis on Human rights law applied to LGBT rights, or doubts that i have read extensively on this issue and got a good grade for my for doing so please see here : http://works.bepress.com/jonathan_bhagan/1/ .
International law and human rights law is my thing. Most of my As and Bs are in human rights /international law courses. My Ds are in courses i fell asleep in the exam room for , long story- but basically never try to bring sleeping meds into Barbados without a perscription. Customs and immigration will sieze and destroy them.
http://www.stabroeknews.com/2012/news/stories/05/06/catholics-must-challenge-laws-that-promote-discrimination-%E2%80%93-aec-president/
As a catholic i'm glad when my own political views intersect with what the dude in rome says.
If anyone has not seen my thesis on Human rights law applied to LGBT rights, or doubts that i have read extensively on this issue and got a good grade for my for doing so please see here : http://works.bepress.com/jonathan_bhagan/1/ .
International law and human rights law is my thing. Most of my As and Bs are in human rights /international law courses. My Ds are in courses i fell asleep in the exam room for , long story- but basically never try to bring sleeping meds into Barbados without a perscription. Customs and immigration will sieze and destroy them.
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