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134-615: The Human Rights Review Tribunal is a statutorily established institution fundamental to the application, determination and up holding of human rights in New Zealand . The tribunal is established under the New Zealand Human Rights Act 1993 . The Human Rights Review Tribunal is one of two key human rights bodies in New Zealand and provides the mechanism for adjudication and resolution of human rights issues. The jurisdiction of

268-536: A broad range of civil, political, economic, social, and cultural rights, such as the right to life , freedom of expression , protection against enslavement , and access to education . The modern concept of human rights gained significant prominence after World War II , particularly in response to the atrocities of the Holocaust , leading to the adoption of the Universal Declaration of Human Rights (UDHR) by

402-537: A central focus in international relations and legal frameworks, supported by institutions such as the United Nations, various non-governmental organizations, and national bodies dedicated to monitoring and enforcing human rights standards worldwide. Many of the basic ideas that animated the human rights movement developed in the aftermath of the Second World War and the events of the Holocaust , culminating in

536-422: A country's population economically in order dampen that population's view of its government. It is also argued that, counterproductively, sanctions on offending authoritarian governments strengthen that government's position domestically as governments would still have more mechanisms to find funding than their critics and opposition, who become further weakened. The risk of human rights violations increases with

670-517: A court must determine whether to involuntarily hospitalize a mentally ill patient or to issue an Assisted Outpatient Treatment Order. This standard was also codified by the United States Supreme Court in all mental health civil commitment cases. This standard is used in many types of equity cases, including paternity , persons in need of supervision , child custody , the probate of both wills and living wills , petitions to remove

804-490: A court will issue a search warrant. It is a lower standard of proof than the "preponderance of the evidence" standard. The standard does not require the fact-finder to weigh conflicting evidence, and merely requires the investigator or prosecutor to present the bare minimum of material credible evidence to support the allegations against the subject, or in support of the allegation; see Valmonte v. Bane, 18 F.3d 992 (2nd Cir. 1994). In some Federal Appellate Circuit Courts, such as

938-494: A declaration that legislation is inconsistent with the New Zealand Bill of Rights Act 1990. Such a declaration has wide reaching repercussions and requires for the executive to place more emphasis on human rights in the creation of legislation . The other significant feature of the tribunal is that its decisions can carry substantial political and societal implications which in term reflects its important role and function within

1072-521: A determination, is not required to give effect to technicalities but rather, the substantial merits of the case. The Human Rights Review tribunal also holds special status within the array of tribunals in New Zealands domestic legal system, with a far more significant legal jurisdiction than other inter partes tribunals. This special status reflects the fact that decisions of the tribunal can have substantial political and societal implications. Members of

1206-400: A fair-minded evaluator would have reason to find it more likely than not that a fact (or ultimate fact) is true, which is quantified as a 51% certainty standard (using whole numbers as the increment of measurement). Some courts and scholars have suggested probable cause could, in some circumstances, allow for a fact to be established as true to a standard of less than 51%, but as of August 2019,

1340-562: A given country. Although not all NHRIs are compliant with the Paris Principles, the number and effect of these institutions is increasing. The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris on 7–9 October 1991, and adopted by United Nations Human Rights Commission Resolution 1992/54 of 1992 and

1474-410: A given description, or the gravity of the consequences flowing from a particular finding are considerations which must affect the answer to the question whether the issue has been proved to the reasonable satisfaction of the tribunal. In such matters “reasonable satisfaction” should not be produced by inexact proofs, indefinite testimony, or indirect inferences. Everyone must feel that, when, for instance,

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1608-405: A lion than a dog. The task for the tribunal then when faced with serious allegations is to recognize that their seriousness generally means they are inherently unlikely, such that to be satisfied that a fact is more likely than not the evidence must be of a good quality. But the standard of proof remains 'the balance of probabilities'. In Australia, two standards of proof are applied at common law:

1742-601: A mandate to investigate alleged human rights violations. 47 of the 193 UN member states sit on the council, elected by simple majority in a secret ballot of the United Nations General Assembly . Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The council is based in Geneva , and meets three times a year; with additional meetings to respond to urgent situations. Independent experts ( rapporteurs ) are retained by

1876-650: A mandate to promote and safeguard certain of the rights later included in the Universal Declaration of Human Rights (UDHR): the primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity. The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948, partly in response to

2010-407: A party during the trial must be highly and substantially more probable to be true than not and the trier of fact must have a firm belief or conviction in its factuality. In this standard, a greater degree of believability must be met than the common standard of proof in civil actions (i.e. preponderance of the evidence), which only requires that the facts as a threshold be more likely than not to prove

2144-436: A person from life support (" right to die " cases), mental hygiene and involuntary hospitalizations, and many similar cases. Clear and convincing evidence is the standard of proof used for immunity from prosecution under Florida's stand-your-ground law . Once raised by the defense, the state must present its evidence in a pre-trial hearing, showing that the statutory prerequisites have not been met, and then request that

2278-567: A reaction to slavery, torture, genocide, and war crimes. The medieval natural law tradition was heavily influenced by the writings of St Paul's early Christian thinkers such as St Hilary of Poitiers , St Ambrose , and St Augustine . Augustine was among the earliest to examine the legitimacy of the laws of man, and attempt to define the boundaries of what laws and rights occur naturally based on wisdom and conscience, instead of being arbitrarily imposed by mortals, and if people are obligated to obey laws that are unjust . The Kouroukan Fouga

2412-507: A reasonable person, considering the record as a whole, would accept as sufficient to find that a contested fact is more likely to be true than untrue.” One author highlights the phrase “more likely to be true than untrue” as the critical component of the definition. From 2013 to 2020, the Department of Education required schools to use a preponderance of evidence standard in evaluating sexual assault claims (USA). Clear and convincing evidence

2546-510: A similar approach is taken in Canada. In the United Kingdom the evidential requirements of the civil standard of proof don't vary with the seriousness of an allegation. The case law that establishes this is Briginshaw v Briginshaw , which is the fifth most cited decision of Australia's High Court. The case has since been incorporated into the uniform evidence law. The Briginshaw principle

2680-518: A term of imprisonment exceeding 12 months are called 'Summary Offences'. Some offences (with a term of imprisonment <10 years) may be heard by a court of summary jurisdiction, a.k.a. Magistrates Court with the consent of all parties; however the court may not impose a sentence greater than 12 months. Juries are required to make findings of guilt 'beyond reasonable doubt' for criminal matters. The Australian constitution does not expressly provide that criminal trials must be 'fair', nor does it set out

2814-493: A typology of six paradigms of action that agents, such as human rights agencies, international organizations, individual states, and NGOs , could use to enforce human rights: (1) accountability, (2) inducement, (3) assistance, (4) domestic contestation and engagement, (5) compulsion, and (6) external adaptation. Responsibility to protect refers to a doctrine for United Nations member states to intervene to protect populations from atrocities. It has been cited as justification in

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2948-454: A vehicle incident to a suspect's arrest only where it is "reasonable to believe" that there is more evidence in the vehicle of the crime for which the suspect was arrested. There is still an ongoing debate as to the exact meaning of this phrase. Some courts have said it should be a new standard while others have equated it with the "reasonable suspicion" of the Terry stop. Most courts have agreed it

3082-918: Is Rodger Haines QC. At present there are 10 members aside from the Chairperson who are practising lawyers or who have legal qualifications. Unlike judges, the Chairperson is not accorded tenure . The jurisdiction of the Human Rights Review Tribunal is derived from three different statutes , The Human Rights Act 1993, The privacy Act 1993 and the Health and Disability Commissioner Act 1994, with claims allowed to be bought where discrimination has occurred on grounds prohibited under these acts. The Human Rights Act protects against unlawful discrimination, such as discrimination based on race, gender, sexual orientation, ethnic origin, disability and political opinion. The Health and Disability Commissioner Act 1994 sets out

3216-519: Is a higher level of burden of persuasion than "preponderance of the evidence", but less than "beyond reasonable doubt". It is employed intra-adjudicatively in administrative court determinations, as well as in civil and certain criminal procedure in the United States. For example, a prisoner seeking habeas corpus relief from capital punishment must prove his factual innocence by clear and convincing evidence. New York State uses this standard when

3350-434: Is a low standard of proof to determine whether a brief investigative stop or search by a police officer or any government agent is warranted. This stop or search must be brief; its thoroughness is proportional to, and limited by, the low standard of evidence. A more definite standard of proof (often probable cause ) would be required to justify a more thorough stop/search. In Terry v. Ohio , 392 U.S. 1 (1968),

3484-618: Is a quasi-judicial organ of the African Union tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. The commission has three broad areas of responsibility: In pursuit of these goals, the commission

3618-472: Is also the standard of proof used in United States administrative law . In at least one case, there is a statutory definition of the standard. While there is no federal definition, such as by definition of the courts or by statute applicable to all cases, The Merit Systems Protection Board’s has codified their definition at 5 CFR 1201.56(c)(2). MSPB defines the standard as “The degree of relevant evidence that

3752-663: Is an autonomous organ of the Organization of American States, also based in Washington, D.C. Along with the Inter-American Court of Human Rights , based in San José , Costa Rica, it is one of the bodies that comprise the inter-American system for the promotion and protection of human rights. The IACHR is a permanent body which meets in regular and special sessions several times a year to examine allegations of human rights violations in

3886-725: Is an international organization, headquartered in Washington, D.C., United States. Its members are the thirty-five independent states of the Americas. Over the course of the 1990s, with the end of the Cold War , the return to democracy in Latin America, and the thrust toward globalization , the OAS made major efforts to reinvent itself to fit the new context. Its stated priorities now include the following: The Inter-American Commission on Human Rights (the IACHR)

4020-410: Is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. 45). With the creation of

4154-538: Is met if the proposition is more likely to be true than not true. Lord Denning , in Miller v. Minister of Pensions , described it simply as "more probable than not". Another high-level way of interpreting that is that the plaintiff’s case (evidence) be 51% likely. A more precise statement is that “the weight [of the evidence, including in calculating such a percentage] is determined not by the amount of evidence, but by its quality.” The author goes on to affirm that preponderance

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4288-478: Is now considered to be a central component of international customary law which may be invoked under appropriate circumstances by state judiciaries and other judiciaries. In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United Nations, between them making the rights contained in

4422-486: Is regrettably all too common and not at all improbable. Nor are serious allegations made in a vacuum. Consider the famous example of the animal seen in Regent’s Park. If it is seen outside the zoo on a stretch of greensward regularly used for walking dogs, then of course it is more likely to be a dog than a lion. If it is seen in the zoo next to the lions’ enclosure when the door is open, then it may well be more likely to be

4556-418: Is solely circumstantial, i.e. , when conviction is based entirely on circumstantial evidence , certain jurisdictions specifically require the prosecution's burden of proof to be such that the facts proved must exclude to a moral certainty every reasonable hypothesis or inference other than guilt. The main reason that this high level of proof is demanded in criminal trials is that such proceedings can result in

4690-399: Is somewhere less than probable cause. Probable cause is a higher standard of proof than reasonable suspicion, which is used in the United States to determine whether a search, or an arrest, is unreasonable. It is also used by grand juries to determine whether to issue an indictment . In the civil context, this standard is often used where plaintiffs are seeking a prejudgement remedy . In

4824-466: Is substantially lower than probable cause; factors to consider are those facts and circumstances a prudent investigator would consider, but must include facts or circumstances indicating a past, current, or impending violation; an objective factual basis must be present, a mere 'hunch' is insufficient." The reasonable indication standard is used in interpreting trade law in determining if the United States has been materially injured. Reasonable suspicion

4958-859: Is supported by the Division for the Advancement of Women (DAW). CEDAW formerly held all its sessions at United Nations headquarters in New York but now frequently meets at the United Nations Office in Geneva; the other treaty bodies meet in Geneva. The Human Rights Committee usually holds its March session in New York City. The human rights enshrined in the UDHR, the Geneva Conventions and the various enforced treaties of

5092-403: Is that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent unless and until proven guilty. If the trier of fact has no doubt as to the defendant's guilt, or if their only doubts are unreasonable doubts, then the prosecutor has proved the defendant's guilt beyond a reasonable doubt and

5226-443: Is used where short-term intervention is needed urgently, such as when a child is arguably in immediate danger from a parent or guardian. The "some credible evidence" standard is used as a legal placeholder to bring some controversy before a trier of fact, and into a legal process. It is on the order of the factual standard of proof needed to achieve a finding of "probable cause" used in ex parte threshold determinations needed before

5360-447: Is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit , a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and

5494-471: Is widely accepted, debates persist regarding which rights should take precedence, how they should be implemented, and their applicability in different cultural contexts. Criticisms often arise from perspectives like cultural relativism , which argue that individual human rights are inappropriate for societies that prioritise a communal or collectivist identity, and may conflict with certain cultural or traditional practices. Nonetheless, human rights remain

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5628-401: Is “merely enough to tip the scales” towards one party; however, that tilt need only be so slight as the weight of a “feather.” Until 1970, it was also the standard used in juvenile court in the United States . Compared to the criminal standard of “proof beyond a reasonable doubt,” the preponderance of the evidence standard is “a somewhat easier standard to meet.” Preponderance of the evidence

5762-701: The African Court on Human and Peoples' Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the commission will have the additional task of preparing cases for submission to the Court's jurisdiction. In a July 2004 decision, the AU Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with the African Court of Justice. The Court of Justice of

5896-558: The Child Support Standards Act , and in child custody determinations between parties having equal legal rights respecting a child. It is also the standard of proof by which the defendant must prove affirmative defenses or mitigating circumstances in civil or criminal court in the United States. In civil courts, aggravating circumstances also only have to be proven by a preponderance of the evidence, as opposed to beyond reasonable doubt (as in criminal court). The standard

6030-533: The Supreme Court ruled that reasonable suspicion requires specific, articulable, and individualized suspicion that crime is afoot. A mere guess or "hunch" is not enough to constitute reasonable suspicion. An investigatory stop is a seizure under the Fourth Amendment. The state must justify the seizure by showing that the officer conducting the stop had a reasonable articulable suspicion that criminal activity

6164-399: The United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged to protect, setting a global standard for human dignity , freedom, and justice. The UDHR has since inspired numerous international treaties and national laws designed to promote and safeguard these rights globally. While the principle of universal human rights

6298-1022: The United Nations Security Council and the United Nations Human Rights Council , and there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. The most senior body of the UN with regard to human rights is the Office of the High Commissioner for Human Rights. The United Nations has an international mandate to: ... achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion. The UN Human Rights Council, created in 2005, has

6432-476: The Virginia Declaration of Rights of 1776 encoded into law a number of fundamental civil rights and civil freedoms. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. Philosophers such as Thomas Paine , John Stuart Mill , and Hegel expanded on

6566-433: The common law and many later constitutional documents related to human rights, such as the 1689 English Bill of Rights , the 1789 United States Constitution , and the 1791 United States Bill of Rights . 17th century English philosopher John Locke discussed natural rights in his work, identifying them as being "life, liberty, and estate (property)", and argued that such fundamental rights could not be surrendered in

6700-867: The social contract . In Britain in 1689, the English Bill of Rights and the Scottish Claim of Right each made a range of oppressive governmental actions, illegal. Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789), leading to the United States Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen respectively, both of which articulated certain human rights. Additionally,

6834-504: The tribunal extends to cover matters from domestic human rights law, principles given in the Privacy Act 1993 and the Health and Disability Commissioner Act 1994. Complaints may be bought by the Director of Human Rights or where it is deemed not appropriate to do so, a citizen may proceed with a claim at their own cost. The tribunal has the power to grant a wide range of remedies and in making

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6968-637: The 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law , to be further developed following the two World Wars. The League of Nations was established in 1919 at the negotiations over the Treaty of Versailles following the end of World War I . The League's goals included disarmament, preventing war through collective security, settling disputes between countries through negotiation, diplomacy and improving global welfare. Enshrined in its Charter

7102-465: The African Court on Human and Peoples' Rights entered into force in January 2004, but its merging with the Court of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come into force when ratified by 15 countries. There are many countries in Africa accused of human rights violations by the international community and NGOs. The Organization of American States (OAS)

7236-527: The African Union is intended to be the "principal judicial organ of the Union" (Protocol of the Court of Justice of the African Union, Article 2.2). Although it has not yet been established, it is intended to take over the duties of the African Commission on Human and Peoples' Rights, as well as act as the supreme court of the African Union, interpreting all necessary laws and treaties. The Protocol establishing

7370-731: The Director of Human Rights Proceedings should the case be undertaken on behalf of the claimant. Should a claimant succeed on the merits of their case the Tribunal has the power to award their costs to be paid by the defendant. Human rights Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws . These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human , regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass

7504-411: The Director of Human Rights Proceedings. When making a decision on representation, the Director must consider certain factors including whether the complaint raises a significant question of law and whether or not providing representation would be in the public interest. Should the Director choose not to proceed then a complainant may bring an action but at their own cost. Proceedings are to be commenced by

7638-496: The Duty of Civil Disobedience which was later influential on human rights and civil rights thinkers. United States Supreme Court Justice David Davis , in his 1867 opinion for Ex Parte Milligan , wrote "By the protection of the law, human rights are secured; withdraw that protection and they are at the mercy of wicked rulers or the clamor of an excited people." Many groups and movements have managed to achieve profound social changes over

7772-616: The General Assembly Resolution 48/134 of 1993. The Paris Principles list a number of responsibilities for national institutions. The African Union (AU) is a continental union consisting of fifty-five African states. Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, especially by bringing an end to intra-African conflict and creating an effective common market. The African Commission on Human and Peoples' Rights (ACHPR)

7906-402: The Human Rights Review Tribunal are normally selected on the basis of knowledge or expertise of matters likely to come before the Tribunal. This includes such matters as, international and domestic human rights, public administration, economic, employment or social issues, cultural issues and the needs, aspirations and experiences of different communities within New Zealand. The current Chairperson

8040-430: The New Zealand legal system. An example is the fact that the tribunal can deal with matters of political sensitivity such as the human rights of prisoners. These factors act to show the fundamental importance of the Human Rights Review Tribunal. It is a fundamental body for the providing maintenance, access and the upholding of human rights in New Zealand.It has been suggested as such that the Chairperson be granted tenure to

8174-479: The Privacy Act, such as the Health Information Privacy Code) can be brought before the Tribunal for adjudication. The ground on which a claim can be brought are therefore of a wide variety. A claim may be made against another person or government agency, with these claims being brought by The Office of Human Rights Proceedings, a complainant or any other aggrieved party. Proceedings may be bought by

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8308-458: The School of Salamanca, defined law as a moral power over one's own.50 Although they maintained at the same time, the idea of law as an objective order, they stated that there are certain natural rights, mentioning both rights related to the body (right to life, to property) and to the spirit (right to freedom of thought, dignity). The jurist Vázquez de Menchaca, starting from an individualist philosophy,

8442-481: The Second Circuit, the "some credible evidence" standard has been found constitutionally insufficient to protect liberty interests of the parties in controversy at CPS hearings. Preponderance of the evidence (American English), also known as balance of probabilities (British English), is the standard required in civil cases, including family court determinations solely involving money, such as child support under

8576-497: The U.S. Supreme Court held that probable cause requires that there not be "reckless disregard for the truth" of the facts asserted. Examples of a police officer's truth-certainty standards in the field and their practical consequences are offered below: Some credible evidence is one of the least demanding standards of proof. This proof standard is often used in administrative law settings and in some states to initiate Child Protective Services (CPS) proceedings. This proof standard

8710-403: The UDHR and accompanying treaties, but the UDHR quickly became the priority. Canadian law professor John Humprey and French lawyer René Cassin were responsible for much of the cross-national research and the structure of the document respectively, where the articles of the declaration were interpretative of the general principle of the preamble. The document was structured by Cassin to include

8844-545: The UDHR binding on all states. They came into force only in 1976, when they were ratified by a sufficient number of countries (despite achieving the ICCPR, a covenant including no economic or social rights, the US only ratified the ICCPR in 1992). The ICESCR commits 155 state parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals. Numerous other treaties ( pieces of legislation ) have been offered at

8978-528: The United Nations are enforceable in law. In practice, many rights are very difficult to legally enforce due to the absence of consensus on the application of certain rights, the lack of relevant national legislation or of bodies empowered to take legal action to enforce them. There exist a number of internationally recognized organisations with worldwide mandate or jurisdiction over certain aspects of human rights: The ICC and other international courts (see Regional human rights below ) exist to take action where

9112-466: The United States Supreme Court has never ruled that the quantification of probable cause is anything less than 51%. Probable cause can be contrasted with "reasonable articulable suspicion" which requires a police officer to have an unquantified amount of certainty the courts say is well below 51% before briefly detaining a suspect (without consent) to pat them down and attempt to question them. The "beyond reasonable doubt" standard, used by criminal juries in

9246-438: The United States to determine guilt for a crime, also contrasts with probable cause which courts hold requires an unquantified level of proof well above that of probable cause's 51%. Though it is beyond the scope of this topic, when courts review whether 51% probable cause certainty was a reasonable judgment, the legal inquiry is different for police officers in the field than it would be for grand jurors. In Franks v. Delaware ,

9380-410: The United States. The intent surrounding an offense is nevertheless crucial to the elements of the offense in a first-degree-murder conviction. This brings up the ethical dilemma of whether or not a death sentence should be imposed when the defendant's motives or intentions are the contingent factors in sentencing. However, in some cases such as defamation suits with a public figure as the defamed party,

9514-431: The adoption of the Universal Declaration of Human Rights in Paris by the United Nations General Assembly in 1948. Ancient peoples did not have the same modern-day conception of universal human rights. However, the concept has in some sense existed for centuries, although not in the same way as today. The true forerunner of human rights discourse was the concept of natural rights , which first appeared as part of

9648-552: The appropriate choice being determined by the circumstances of the case. these remedies include, a declaration of a breach of the Human Rights Act 1993, damages up to $ 350,000 which is equivalent to the general jurisdiction afforded to New Zealand District Courts under the District Courts Act 1947 (s29). An order that the defendant perform any acts specified in the order with a view to redressing any loss or damage suffered by

9782-419: The balance of probabilities had led to a departure from the common law principles of just two standards. Baroness Hale said: 70. ... Neither the seriousness of the allegation nor the seriousness of the consequences should make any difference to the standard of proof to be applied in determining the facts. The inherent probabilities are simply something to be taken into account, where relevant, in deciding where

9916-491: The basic principles of dignity, liberty, equality and brotherhood in the first two articles, followed successively by rights pertaining to individuals; rights of individuals in relation to each other and to groups; spiritual, public and political rights; and economic, social and cultural rights . The final three articles place, according to Cassin, rights in the context of limits, duties and the social and political order in which they are to be realized. Humphrey and Cassin intended

10050-447: The burden of proof of its allegations. Per Superintendent v. Hill (1985), in order to take away a prisoner's good conduct time for a disciplinary violation, prison officials need only have "some evidence", i.e., "a modicum of evidence"; however, the sentencing judge is under no obligation to adhere to good/work time constraints, nor are they required to credit time served. "Reasonable indication (also known as reasonable suspicion)

10184-477: The case of Kirk constrains the way that State courts may operate during criminal trials per the Kable Doctrine . In Australia, the civil standard is termed the 'balance of probabilities'. In Australia, the 'balance of probabilities' involves considerations that the evidence required to establish a fact at the civil standard will vary with the seriousness of what is being alleged. Although it has been noted

10318-442: The civil standard of proof and that is the balance of probabilities , and the tribunals focus is on assessing the parties conduct. Also the tribunal, if it considers it necessary, can dismiss any claims it considers frivolous, vexatious or not brought in good faith . Every decision that grants a remedy or dismisses a claim, must be given in writing with reasons. These reasons must include, findings of fact, explanations and findings of

10452-399: The complainant or, as the case may be, the aggrieved person as a result of the breach. A declaration that any contract entered into or performed in contravention of any provision of Part 1A or Part 2 of the Human Rights Act 1993 is an illegal contract. An order that the defendant undertakes any specified training or any other programme, or implement any specified policy or programme, to enable

10586-450: The concept of human rights has been argued as a strategy to prevent human rights abuses. Many examples of legal instruments at the international, regional and national level described below are designed to enforce laws securing human rights. The United Nations (UN) is the only multilateral governmental agency with universally accepted international jurisdiction for universal human rights legislation. All UN organs have advisory roles to

10720-571: The core international human rights treaties. They are supported by and are created by the treaty that they monitor, With the exception of the CESCR, which was established under a resolution of the Economic and Social Council to carry out the monitoring functions originally assigned to that body under the Covenant, they are technically autonomous bodies, established by the treaties that they monitor and accountable to

10854-711: The council to investigate alleged human rights abuses and to report to the council. The Human Rights Council may request that the Security Council refer cases to the International Criminal Court (ICC) even if the issue being referred is outside the normal jurisdiction of the ICC. In addition to the political bodies whose mandate flows from the UN charter, the UN has set up a number of treaty-based bodies, comprising committees of independent experts who monitor compliance with human rights standards and norms flowing from

10988-437: The course of the 20th century in the name of human rights. In Western Europe and North America, labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour . The women's rights movement succeeded in gaining for many women the right to vote . National liberation movements in many countries succeeded in driving out colonial powers. One of

11122-421: The court deny a motion for declaration of immunity. The judge must then decide from clear and convincing evidence whether to grant immunity. This is a lower burden than "beyond a reasonable doubt", the threshold a prosecutor must meet at any proceeding criminal trial, but higher than the "probable cause" threshold generally required for indictment . Clear and convincing proof means that the evidence presented by

11256-420: The criminal context, the U.S. Supreme Court in United States v. Sokolow , 490 U.S. 1 (1989), determined that probable cause requires "a fair probability that contraband or evidence of a crime will be found". The primary issue was whether Drug Enforcement Administration agents had a reason to execute a search. Courts have traditionally interpreted the idea of "a fair probability" as meaning whether

11390-468: The criminal standard and the civil standard. It is possible for other standards of proof to be applied where required by law. The criminal standard in Australia is, 'beyond reasonable doubt'. An offence against a Commonwealth law, with a term of imprisonment in excess of 12 months is an 'indictable offence'; and is constitutionally required to be tried before jury of 12 people. Offences that do not carry

11524-548: The decision of the House of Lords in Re B (A Child) [2008] UKHL 35 there had been some confusion – even at the Court of Appeal – as to whether there was some intermediate standard, described as the 'heightened standard'. The House of Lords found that there was not. As the above description of the American system shows, anxiety by judges about making decisions on very serious matters on the basis of

11658-417: The defendant (for example, the statutory defense to drunk in charge that there was no likelihood of the accused driving while still over the alcohol limit ). However, where the law does not stipulate a reverse burden of proof, the defendant need only raise the issue and it is then for the prosecution to negate the defence to the criminal standard in the usual way (for example, that of self-defence ). Prior to

11792-445: The defendant bears the burden of proving an affirmative defense . The burden of proof is on the prosecutor for criminal cases , and the defendant is presumed innocent . If the claimant fails to discharge the burden of proof to prove their case, the claim will be dismissed. A "burden of proof" is a party's duty to prove a disputed assertion or charge, and includes the burden of production (providing enough evidence on an issue so that

11926-421: The defendant should be pronounced guilty. The term connotes that evidence establishes a particular point to a moral certainty which precludes the existence of any reasonable alternatives. It does not mean that no doubt exists as to the accused's guilt, but only that no reasonable doubt is possible from the evidence presented. Further to this notion of moral certainty, where the trier of fact relies on proof that

12060-407: The defendant to comply with the provisions of the Human Rights Act 1993. Or any other relief that the Tribunal thinks fit. It has been said that the Human Rights Review Tribunal holds special significance in New Zealands tribunal system. The tribunal in granting damages, is the only tribunal accorded the full power of a district courts in terms pecuniary limit and significantly, has the power to issue

12194-579: The deprivation of a defendant's liberty or even in their death. These outcomes are far more severe than in civil trials, in which monetary damages are the common remedy. Another noncriminal instance in which proof beyond a reasonable doubt is applied is LPS conservatorship . In the three jurisdictions of the UK (Northern Ireland; England and Wales ; and Scotland) there are only two standards of proof in trials. There are others which are defined in statutes, such as those relating to police powers. The criminal standard

12328-415: The elements of a fair trial, but it may by implication protect other attributes. The High Court has moved toward, but not yet, entrenched procedural fairness as a constitutional right. If it did so, this would have the potential to constitutionalise the 'beyond reasonable doubt' standard in criminal proceedings. State offences are not subject to the constitution's section 80 requirement for a jury. However,

12462-437: The events of World War II . The UDHR urges member states to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world". The declaration was the first international legal effort to limit the behavior of states and make sure they did their duties to their citizens following the model of the rights-duty duality . ... recognition of

12596-421: The evidence, or lack of evidence, in a case, then the level of proof has not been met. Proof beyond a reasonable doubt, therefore, is proof of such a convincing character that one would be willing to rely and act upon it without hesitation in the most important of one's own affairs. However, it does not mean an absolute certainty. The standard that must be met by the prosecution's evidence in a criminal prosecution

12730-1009: The experience of sexual initiation rites with men and passing sex training tests on girls are designed to make them more appealing as marriage prospects. Measures to help the economic status of vulnerable groups in order to reduce human rights violations include girls' education and guaranteed minimum incomes and conditional cash transfers , such as Bolsa familia which subsidize parents who keep children in school rather than contributing to family income, has successfully reduced child labor . Human rights abuses are monitored by United Nations committees, national institutions and governments and by many independent non-governmental organizations , such as Amnesty International , Human Rights Watch , World Organisation Against Torture , Freedom House , International Freedom of Expression Exchange and Anti-Slavery International . These organisations collect evidence and documentation of human rights abuses and apply pressure to promote human rights. Educating people on

12864-469: The hemisphere. Its human rights duties stem from three documents: The Inter-American Court of Human Rights was established in 1979 with the purpose of enforcing and interpreting the provisions of the American Convention on Human Rights. Its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights violations referred to it. Under

12998-530: The highest standard used as the burden of proof in Anglo-American jurisprudence and typically only applies in juvenile delinquency proceedings, criminal proceedings, and when considering aggravating circumstances in criminal proceedings. It has been described, in negative terms, as a proof having been met if there is no plausible reason to believe otherwise. If there is a real doubt, based upon reason and common sense after careful and impartial consideration of all

13132-400: The inclusion of all rights in a Unity Resolution, the rights enshrined in the UDHR were split into two separate covenants, allowing states to adopt some rights and derogate others. Although this allowed the covenants to be created, it denied the proposed principle that all rights are linked, which was central to some interpretations of the UDHR. Although the UDHR is a non-binding resolution, it

13266-548: The increase in financially vulnerable populations. Girls from poor families in non-industrialized economies are often viewed as a financial burden on the family and marriage of young girls is often driven in the hope that daughters will be fed and protected by wealthier families. Female genital mutilation and force-feeding of daughters is argued to be similarly driven in large part to increase their marriage prospects and thus their financial security by achieving certain idealized standards of beauty. In certain areas, girls requiring

13400-612: The inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world The UDHR was framed by members of the Human Rights Commission, with Eleanor Roosevelt as chair, who began to discuss an International Bill of Rights in 1947. The members of the Commission did not immediately agree on the form of such a bill of rights, and whether, or how, it should be enforced. The Commission proceeded to frame

13534-589: The international level. They are generally known as human rights instruments . Some of the most significant are: In 2021 the United Nations Human Rights Council officially recognized "having a clean, healthy and sustainable environment" as a human right. In April 2024, the European Court of Human Rights ruled, for the first time in history, that the Swiss government had violated human rights by not acting strongly enough to stop climate change. Charles Beitz proposes

13668-399: The issue for which they are asserted. This standard is also known as "clear, convincing, and satisfactory evidence"; "clear, cognizant, and convincing evidence", and is applied in cases or situations involving an equitable remedy or where a presumptive civil liberty interest exists. For example, this is the standard or quantum of evidence use to probate a last will and testament . This is

13802-565: The issue is on which of two dates an admitted occurrence took place, a satisfactory conclusion may be reached on materials of a kind that would not satisfy any sound and prudent judgment if the question was whether some act had been done involving grave moral delinquency The Briginshaw principle is sometimes incorrectly referred to as the Briginshaw standard of proof, in Qantas Airways Limited v. Gama Justices French and Jacobson stated

13936-531: The issue of the term universal , the declarations did not apply to domestic discrimination or racism. Henry J. Richardson III argued: The onset of the Cold War soon after the UDHR was conceived brought to the fore divisions over the inclusion of both economic and social rights and civil and political rights in the declaration. Capitalist states tended to place strong emphasis on civil and political rights (such as freedom of association and expression), and were reluctant to include economic and social rights (such as

14070-527: The latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states. There are no Asia-wide organisations or conventions to promote or protect human rights. Countries vary widely in their approach to human rights and their record of human rights protection. The Association of Southeast Asian Nations (ASEAN) is a geo-political and economic organization of 10 countries located in Southeast Asia, which

14204-422: The level of a district court judge or even High court judge , however, these suggestions have not been met with legislative effect. The costs associated with the tribunal are significantly less than those of litigating in court with the average per day being only $ 3,750. The minimal costs means that barriers to enforcement of human rights are minimised allowing access to justice. Further the costs may be covered by

14338-453: The lodging of an application in a prescribed form. Sittings of the Human Rights Review Tribunal are held at such times and places as directed by the Chairperson . The litigants may represent themselves or acquire the assistance of legal representation. All members of the tribunal must be present at a sitting but the decisions are by majority. The tribunal, unlike a court, must act according to

14472-611: The medieval natural law tradition. It developed in new directions during the European Enlightenment with such philosophers as John Locke , Francis Hutcheson , and Jean-Jacques Burlamaqui , and featured prominently in the political discourse of the American Revolution and the French Revolution . From this foundation, the modern human rights arguments emerged over the latter half of the 20th century, possibly as

14606-576: The most influential was Mahatma Gandhi 's leadership of the Indian independence movement . Movements by long-oppressed racial and religious minorities succeeded in many parts of the world, among them the civil rights movement , and more recent diverse identity politics movements, on behalf of women and minorities in the United States. The foundation of the International Committee of the Red Cross ,

14740-462: The national legal system of a state is unable to try the case itself. If national law is able to safeguard human rights and punish those who breach human rights legislation, it has primary jurisdiction by complementarity. Only when all local remedies have been exhausted does international law take effect. In over 110 countries, national human rights institutions (NHRIs) have been set up to protect, promote or monitor human rights with jurisdiction in

14874-503: The officer may require the person detained to remain at the scene until further investigation is complete, and may give rise to the level of probable cause. In Arizona v. Gant (2009), the United States Supreme Court arguably defined a new standard, that of "reasonable to believe". This standard applies only to vehicle searches after the suspect has been placed under arrest. The Court overruled New York v. Belton (1981) and concluded that police officers are allowed to go back and search

15008-407: The party carrying the burden will succeed in its claim. For example, the presumption of innocence in a criminal case places a legal burden upon the prosecution to prove all elements of the offense (generally beyond a reasonable doubt), and to disprove all the defenses except for affirmative defenses in which the proof of non-existence of all affirmative defense(s) is not constitutionally required of

15142-458: The prosecution. The burden of persuasion should not be confused with the evidential burden , or burden of production, or duty of producing (or going forward with evidence) which is an obligation that may shift between parties over the course of the hearing or trial. The evidential burden is the burden to adduce sufficient evidence to properly raise an issue at court. There is no burden of proof with regard to motive or animus in criminal cases in

15276-418: The public figure must prove actual malice. Burden of proof refers most generally to the obligation of a party to prove its allegations at trial. In a civil case, the plaintiff sets forth its allegations in a complaint, petition or other pleading. The defendant is then required to file a responsive pleading denying some or all of the allegations and setting forth any affirmative facts in defense . Each party has

15410-457: The relevant legal issues and its conclusions on such matters. It is important to note that the option is available to the claimant to have the Human Rights commission attempt a settlement before tribunal proceedings, and should settlement not first be attempted, it is likely the Director will not consider acting on behalf of the claimant . The Tribunal may award a wide range of remedies with

15544-474: The right to work and the right to join a union). Socialist states placed much greater importance on economic and social rights and argued strongly for their inclusion. Because of the divisions over which rights to include and because some states declined to ratify any treaties including certain specific interpretations of human rights, and despite the Soviet bloc and a number of developing countries arguing strongly for

15678-652: The rights in the UDHR to be legally enforceable through some means, as is reflected in the third clause of the preamble: Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law. Some of the UDHR was researched and written by a committee of international experts on human rights, including representatives from all continents and all major religions, and drawing on consultation with leaders such as Mahatma Gandhi . The inclusion of both civil and political rights and economic, social, and cultural rights

15812-489: The standards expected of health care providers in areas such as respecting patient privacy, ensuring services comply with relevant legal, ethical or other professional standards, and providing full information. The Privacy Act governs agencies which collect, hold and use personal information. It does so by way of a set of Privacy Principles. Alleged infringements of the Privacy Principles (or of codes of practice made under

15946-639: The state parties of those treaties – rather than subsidiary to the United Nations, though in practice they are closely intertwined with the United Nations system and are supported by the UN High Commissioner for Human Rights (UNHCHR) and the UN Centre for Human Rights. Each treaty body receives secretariat support from the Human Rights Council and Treaties Division of Office of the High Commissioner on Human Rights (OHCHR) in Geneva except CEDAW, which

16080-408: The stop and detention is to investigate to the extent necessary to confirm or dispel the original suspicion. If the initial confrontation with the person stopped dispels suspicion of criminal activity the officer must end the detention and allow the person to go about their business. If the investigation confirms the officer's initial suspicion or reveals evidence that would justify continued detention

16214-412: The substantial merits of the case and not be bound by technicalities. In exercising its powers and functions the Tribunal must act in accordance with the principles of natural justice; in a manner that is fair and reasonable; and according to equity and good conscience. The Tribunal may call for evidence, call on witnesses and generally require the evidence to be given under oath. The Tribunal adjudicates to

16348-439: The theme of universality during the 18th and 19th centuries. In 1831, William Lloyd Garrison wrote in a newspaper called The Liberator that he was trying to enlist his readers in "the great cause of human rights", so the term human rights probably came into use sometime between Paine's The Rights of Man and Garrison's publication. In 1849 a contemporary, Henry David Thoreau , wrote about human rights in his treatise On

16482-414: The trier-of-fact decides it rather than in a peremptory ruling like a directed verdict) and the burden of persuasion (standard of proof such as preponderance of the evidence). A "burden of persuasion" or "risk of non-persuasion" is an obligation that remains on a single party for the duration of the court proceeding. Once the burden has been entirely discharged to the satisfaction of the trier of fact ,

16616-423: The truth lies. 72. ... there is no logical or necessary connection between seriousness and probability. Some seriously harmful behaviour, such as murder, is sufficiently rare to be inherently improbable in most circumstances. Even then there are circumstances, such as a body with its throat cut and no weapon to hand, where it is not at all improbable. Other seriously harmful behaviour, such as alcohol or drug abuse,

16750-572: The use of recent military interventions. An example of an intervention that is often criticized is the 2011 military intervention in the First Libyan Civil War by NATO and Qatar where the goal of preventing atrocities is alleged to have taken upon itself the broader mandate of removing the target government. Economic sanctions are often levied upon individuals or states who commit human rights violations. Sanctions are often criticized for its feature of collective punishment in hurting

16884-414: The well-known Valladolid Debate that took place in 1550 and 1551. The thought of the School of Salamanca, especially through Francisco Vitoria, also contributed to the promotion of European natural law. From this foundation, the modern human rights arguments emerged over the latter half of the 20th century. Magna Carta is an English charter originally issued in 1215 which influenced the development of

17018-602: Was a mandate to promote many of the rights which were later included in the Universal Declaration of Human Rights. The League of Nations had mandates to support many of the former colonies of the Western European colonial powers during their transition from colony to independent state. Established as an agency of the League of Nations, and now part of United Nations, the International Labour Organization also had

17152-470: Was afoot. The important point is that officers cannot deprive a citizen of liberty unless the officer can point to specific facts and circumstances and inferences therefrom that would amount to a reasonable suspicion. The officer must be prepared to establish that criminal activity was a logical explanation for what they perceived. The requirement serves to prevent officers from stopping individuals based merely on hunches or unfounded suspicions. The purpose of

17286-417: Was articulated by Dixon in that case in these terms: ...it is enough that the affirmative of an allegation is made out to the reasonable satisfaction of the tribunal. But reasonable satisfaction is not a state of mind that is attained or established independently of the nature and consequence of the fact or facts to be proved. The seriousness of an allegation made, the inherent unlikelihood of an occurrence of

17420-536: Was decisive in the dissemination of the term iura naturalia . This natural law thinking was supported by contact with American civilizations and the debate that took place in Castile about the just titles of the conquest and, in particular, the nature of the indigenous people. In the Castilian colonization of America, it is often stated, measures were applied in which the germs of the idea of Human Rights are present, debated in

17554-661: Was formed in 1967 by Indonesia , Malaysia , the Philippines , Singapore and Thailand . The organisation now also includes Brunei Darussalam , Vietnam , Laos , Myanmar and Cambodia . In October 2009, the ASEAN Intergovernmental Commission on Human Rights was inaugurated, and subsequently, the ASEAN Human Rights Declaration was adopted unanimously by ASEAN members on 18 November 2012. Balance of probabilities The burden of proof

17688-547: Was formerly described as "beyond reasonable doubt". That standard remains , and the words commonly used , though the Judicial Studies Board guidance is that juries might be assisted by being told that to convict they must be persuaded "so that you are sure". The civil standard is 'the balance of probabilities', often referred to in judgments as "more likely than not". The civil standard is also used in criminal trials in relation to those defenses which must be proven by

17822-473: Was predicated on the assumption that basic human rights are indivisible and that the different types of rights listed are inextricably linked. Although this principle was not opposed by any member states at the time of adoption (the declaration was adopted unanimously, with the abstention of the Soviet bloc , apartheid South Africa, and Saudi Arabia ), this principle was later subject to significant challenges. On

17956-543: Was the constitution of the Mali Empire in West Africa . It was composed in the 13th century, and was one of the very first charters on human rights. It included the "right to life and to the preservation of physical integrity" and significant protections for women. Spanish scholasticism insisted on a subjective vision of law during the 16th and 17th centuries: Luis de Molina, Domingo de Soto and Francisco Vitoria, members of

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