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Human Rights Law

Human Rights U.K. law

Essay A

A social movement is indeed a mass organization with hierarchy, structure, and an intellectual determination to promote or oppose progressive reform (Fenwick and Phillipson, 2001; 547). Global movements, including group actions, are related to trends in the wider community and society. Both societal movements and group behavior, as they seem to go along with the status quo or even the existing state of culture, might create confusion. Social movement studies in the social sciences gained interest in the 1960s and 1970s when many people took to the streets in protests against racial discrimination and economic inequality, the Vietnam War, unequal pay and opportunities for women, mistreatment of gays and lesbians, and other large-scale social issues. Social movement scholarship has since become one of the most important areas of study in collective behavior (Fenwick, 1999; 491). Therefore, this essay explores the rights of protesters regarding the Human Rights Act 1998 and relevant domestic case law.

In the case of Ingrid has just discovered from a software expert that AFR, For example, a social movement arose in the United Kingdom in 2016 against the perceived threat of the Dakota Access Pipeline, a proposed oil-supply pipeline. The movement began among the Standing Rock Sioux, a Native American tribe. Many members of this tribe live on the Standing Rock Sioux Reservation in North and South Dakota. They argued that the pipeline threatened their water supply and their lands. Thousands of people across Canada and the United Kingdom believed that the Dakota Access Pipeline would cause an environmental disaster that came to the Standing Rock Reservation in support of the Sioux. This action was precipitated by a legal decision ending the ban on constructing the pipeline. As more people began to join the Standing Rock Sioux in protest of the pipeline, the crowd made people feel safe joining in or voicing support for this social movement. This, in turn, helped the movement gather more momentum. Part of what makes people feel safe and willing to join a large social movement is the possibility of remaining relatively anonymous. When movements grow, people perceive that others share their beliefs, and they are less likely to worry about being the target of law enforcement, counter-protesters, or others who may oppose it (Gilmore, 2013). Likewise, when people observe the growth of a social movement, they may also be more likely to believe that by joining in, they can have an impact.

Mass media also play a key role in social protests. This has long been the case with newspapers, magazines, and radio, all of which played a role in numerous social movements of the past. In 1898 a French newspaper published a letter titled “J’accuse” (“I accuse”) by the French novelist Émile Zola (1840–1902). The letter was written in support of Alfred Dreyfus, a Jewish Frenchman and former army captain unjustly convicted of spying. Zola’s accusations touched on widespread anti-Semitism in France and corruption in the French military. The letter launched a social movement that reverberated throughout French society (Gilmore, 2013). Mass media’s impact on social movements increased throughout the 20th century, particularly with the development of television broadcasting. In the 21st century, the role of mass media in social movements is extremely important. The phenomenon of an event or idea going viral—being shared on a huge scale on social media platforms—can be an extremely influential factor in the growth of a social movement. Members of the Dakota Access Pipeline protest used platforms such as Facebook to spread their message, concerns, and ideas to many American society segments.

Researchers propose a range of theories to explain why and how social movements develop and what kinds of people are attracted to social movements (Hamilton Jarman and Bryan, 2001). The theory of mass culture implies that individuals enter a revolution, not because of the ideals of the campaign but instead to fulfill a social desire to contribute to anything greater than themselves. And citizens also begin to believe in the ideology of the revolution. This model assumes that people who feel excluded are much more inclined towards joining a social movement. Mass society theory is sometimes used to try to understand why movements based on extreme beliefs attract individuals. It arose to understand the appeal of fascist movements in the first part of the 20th century (Mead, 2010). It has also been applied to understanding the emergence of white power movements in Europe. One criticism of mass society theory is that many—likely most—socially isolated individuals (people who perceive themselves as isolated or do not feel a sense of connection to others) do not join social movements. Rather, social movements depend on social ties and social networks.

The theory of relative inequality reflects on the behavior of disadvantaged people that demand freedoms or privileges that some now possess in society. It attempts to analyze how and why social groups who have less privilege and access to power in society choose to take action in order to achieve social change. When a group comes to feel that it is deprived of rights, benefits, or opportunities that others in society enjoy, it is more likely to become frustrated. This prompts members of the group to turn to collective action, organized protests, and social movement development. People’s increased feelings of deprivation, relative to others in society, spur them to this action. An illustration of this theory is the push for same-sex marriage equality that began in the United Kingdom in the late 20th century. Analysis of this movement using the lens of relative deprivation theory would argue that same-sex couples, deprived of the right to marry as well as associated benefits related to taxes, health care, and other issues, came to feel sufficiently frustrated over this imbalance. This pushed them to take collective action and develop a social movement calling for equal rights for same-sex couples.

Resource mobilization theory looks at how social movements develop in response to the resources available to a group and the opportunities for social change. This theory emphasizes on the realistic problems that aid or impede the behavior of social movements. It analyzes how social movements use and gain access to resources such as membership, money, expertise, social networks, and technology. Successful social movements are able to use resources to promote the acceptance of their goals effectively. They are also able to use strategies that successfully harness political trends or opportunities. One criticism of this theory is that many successful social movements have been led by people who have little social power and few resources. This theory might be used to understand the growth and success of Mothers Against Drunk Driving (MADD). This group was founded in 1980 by Candace Lightner after a drunk driver killed her daughter. She began to work to try to change laws in her home state of California and then joined together with other mothers who had lost children to drunk drivers. Eventually, MADD developed a larger membership, more access to lawmakers, greater access to the press, greater fundraising capabilities, and other resources. Through these efforts, MADD influenced a broad social movement against the practice of driving while intoxicated.

The provisions of the Human Rights Act 1998 states that social movements involve organized calls for social change. They are usually opposed by groups in society who disapprove of the proposed changes. A countermovement is a social movement that forms in opposition to another social movement. The larger and more consequential a social movement is, the more likely a countermovement will develop. For instance, in the United Kingdom, a social movement to support respect and equality for gays and lesbians arose in the 20th century. By the early 21st century, this movement began to succeed in its goal of legalizing same-sex marriage. Massachusetts legalized same-sex marriage within the state in 2004, with several other states following suit. As the movement toward accepting and legalizing same-sex marriage progressed, groups around the country who felt this right was an affront to their religious beliefs began a countermovement to restrict LGBTQIA’s rights (lesbian, gay, bisexual, transgender, queer, intersex, or asexual) individuals. For example, so-called “bathroom bills” have been introduced in various states, including North Carolina and Texas, seeking to deny transgender individuals access to public restrooms corresponding to their gender identity (Gross, 2013).

Starting in the early years of the nation, the abolition movement fought to outlaw slavery throughout the country (Pickard, 2018; 95). Other legislation such as the passage of the Fugitive Slave Act of 1850, which contained multiple provisions suppressing the rights of both free and enslaved Africans in the United Kingdom and harsh penalties for people who helped slaves to escape, gave added energy to the abolitionist cause. However, it also prompted some in the movement to shift their focus away from opposing slavery per se and toward preserving opportunities for free individuals who escaped from slavery. Meanwhile, these changes, as well as events such as Nat Turner’s slave rebellion in 1831 and John Brown’s efforts to launch a slave revolt in 1859, gave energy to the countermovement opposing abolition. The clash of these movements culminated in the Civil War (1861–65). Throughout the over 150 years since the war, advocates of racial equality and advocates of white supremacy continued to fight numerous and varied battles. For instance, the civil rights movement grew after World War II. It won important victories with legal decisions outlawing school segregation and passage of the Voting Rights Act and the Civil Rights Act. As the countermovement protested the implementation of these laws, the civil rights movement pushed for further gains, such as affirmative action in employment and higher education admissions. Both movement and countermovement were also influenced by other societal trends, such as the rise of live television news coverage, the hippie movement, protests against the Vietnam War, and economic fallout from the 1973 OPEC oil crisis (Pickard, 2018; 104).

In conclusion, the struggles between movement and countermovement can last decades. Both movements and countermovement change in response to each other’s gains and setbacks, as well as in response to external events. This can be seen in the history of racial oppression and civil rights in the United Kingdom.

Essay B

Every person has the right to equality and protection, and one individual must be free from any form of discrimination, no matter what or who they are. These rights shall be intensified by both international and domestic laws and shall be duly fulfilled to respect, protect, and achieve these rights as well as the dignity of every person. And promote human dignity by addressing efforts for discrimination and violence to be prohibited due to the basis of sexual orientation and gender identity, according to an act written under the House Bill 00267 of the United Kingdom seventeenth congress (Gates and Saunders, 2016; 26). Therefore, this essay explores the statement, “Though there is no explicit right to sexuality or gender identity, the importance of this right has been recognized through the courts ”  LGBTI rights.

What makes a person different? Color, life status, age, and even a person’s gender identity do not make them differ. Every individual has everything in common, but being a lesbian, gay, bisexual, or transgender perceive as different for some reason (Russell and McGuire, 2008; 137). Society only recognized two gender identities, the gender assigned at birth, making the LGBT people slightly different. This recognition is extended in school, making the LGBT students feel any form of discomfort because they need to act following the gender that the schools only impose (Bosia, 2014; 259).

Any form of discrimination, exclusion, marginalization, bullying, and violence can trigger individual self-esteem, limiting one’s self- talent and creativity. Schools shall accept every student equally and shall be the place where they will nurture their talents. Still, for the LGBT youth, the school can be a hostile environment where they only move like a shadow and beaten up by the other students using any form of violence, including hitting, shoving, and punching. The poor implementation of school policies regarding LGBT issues can have a massive effect on an LGBT student (Mertus, 2007; 1039). The continuous bullying can drain them, which sometimes leads to poor school academic performance, nonparticipation of school activities, social isolation, and even school dropouts or seek to transfer in another school to avoid bullying.  Socialization is an important feature in everyday lives, especially for a student. Still, aspects like rejection can sometimes be a hindrance to socialize, leading to feeling the loneliness that also affects their studies because of the peer pressures and lack of friend circle. Students all over the United Kingdom experience bullying and discrimination inside the school campus, especially the LGBT students, because of their chosen identities. Even though the United Kingdom already provides a law regarding the protection against discrimination and exclusion in schools, the implementation is still insufficient (Mertus, 2007; 1042).

Schools are promptly obligated to be among the safest countries in the world for all. However, for Filipino LGBT students, their educational experience is biased owing to bullying, discrimination, absence of access to LGBT-related information, and maybe some instances of physical with sexual assault owing to the unavailability of supporting resources that describe their educational rights. As per Ryan Thoreson, LGBT students throughout the U.K. are sometimes the subjects of mockery and perhaps even abuse. Politicians and school officials know LGBT youth violence as a significant concern (Serra, 2012; 582). In the year 2013, the anti-bullying laws were passed with the implementation of rules and regulations, which states that bullying one’s sexual orientation and gender identity is prohibited. The enactment of these policies signalizes that bullying and discrimination are intolerable and should not be accepted in schools. But the implementation is still insufficient; the law is still heavy on paper but applied accordingly. So the lack of legislation so oversight brings the LGBT community to the ongoing perception of violence and intimidation.

The mistreatment that the LGBT students face in their schools was not included in the policies and practices of schools, leading to limited participation in a school environment. Schools in the United Kingdom accept only two (2) gender categories that are male and female, which is why schools are telling restrictive norms such as sex uniforms including dress codes, hair length limits, gendered toilets as well as a boy with girl events. Schools imposed that students must act inside the school campus according to their gender assigned at birth rather than acting according to their chosen identity. Because of these norms, the LGBT students felt discomfort in expressing themselves or participating in schools because they only considered two gender identities, and they must act in every activity that the school considered to be unsuitable for their sex.

The only way that the school can address regarding the implementation of anti-bullying and discrimination is to orient or educate the teachers, students, and staff to familiarize their selves to the LGBT issues. But unfortunately, the gender identity information and resources do seem to be rare, particularly at both the secondary level. These bigotry problems are resulting in both loneliness or even the school being a toxic place for members of the LGBT. Besides,   the psychological with physical disabilities, the students of the LGBT described how intimidation, bigotry, and alienation forced them to lose concentration, miss their classes, or threaten to switch schools and restrict their ability to study (Dworkin and Yi, 2003; 274). Any student has the right towards education; therefore, school officials, staff, politicians, and learners from the LGBT must strive with each other to ensure the school becomes innocuous for everyone, especially the LGBT students, to learn and impart their ideas. As the department of education and Congress recognized their effort to address bullying, discrimination, exclusion, and marginalization can damage these rights to education and the well-being of the LGBT youth. Whether it is physical or verbal bullying, whether personally or in cyberbullying threatens one individual’s safety, health, and effects on education, especially the youth. Studies in the United Kingdom found that LGBT youth who experience low-esteem and poor acceptance along with discrimination results in anxiety, depression, and isolation, and due to schools’ unwelcoming behavior towards LGBTs, the LGBT students may skip classes or drop out of school entirely.

Despite all laws implemented by the government, LGBT protection is insufficient and will never be enough because bullying or judging is human nature. The following were rights that contain and address that LGBT discrimination is restricted; (a) Right to security of the person that is written under article 3 of Universal Declaration of Human Rights which states that everyone has the right to be protected, we all know that the LGBT people are always the object of physical and verbal assault; (b) Right to equality and nondiscrimination, written under article 26 of the International Covenant on Civil and Political Rights (ICCPR) which states that everyone has the right to be treated with full respect and equal protection of the laws. And (c) Rights to Recognition before the law, written under articles 16 and 17 of ICCPR, which states that courts partially recognized the rights of an intersex person to choose his/her gender identity. Four times further likely gay with lesbian youth towards contemplate or commit suicide. As per Charles Radcliffe, transgender youngsters are ten times quite prone to do it anyway

Individuality is what makes us common, but being different by being a lesbian, gay, or bisexual lead them to abuse. They experienced being bullied in their childhoods, rejected by their families as well as dropping in a school even throw-out from their homes results in them to live in the streets. Approximately 40% of the people living in the streets of the U.S. are identified as LGBTs. We all know that bullying, isolation, and rejection leaves a deep scar, especially to the LGBT, which leads them to a higher percentage of suicides. And according to the European Survey, 1 out of 5 LGBT employees experienced to be discrimination in his/her workplace; studies tell that joblessness, poverty, food insecurities, and depression are higher to the LGBT people. It’s one of the biggest problems of the wider community, leading to less human talent, creativity, and productivity because it hits down society as well as the economy. The study conducted for 39 countries is positive in the clear link of LGBT marginalization. The cause of both homophobia and trans-phobia is colossal from the labor force down to productivity. The human rights watch is eagerly studying it to provide a solution for ending this cycle. Companies should be fair, safe, and accepts LGBT people to lessen discrimination. For the countries, human rights watch suggests implementing laws regarding LGBT protection as well as effective education and training, resulting in a world free and equal.

After World War II, the first organizations dedicated to advancing the rights of gays and lesbians were founded. Gay and lesbian organizations became more assertive in their demands for rights in subsequent decades. In 1969 New York City police officers raided the Stonewall Inn, a bar with a gay, lesbian, and transgender patronage that lacked a liquor license (Russell and McGuire, 2008; 140). While police arrested several employees and patrons, a crowd gathered outside the bar, and a riot erupted. Days of clashes between police officers and patrons followed. The Stonewall Riots became a symbol of resistance to oppression for organizations for lesbian, gay, bisexual, transgender, and queer, or LGBTQ, United Kindom. Some people found these changes conflicted with their religious beliefs, which created some issues regarding compliance with new court rulings regarding same-sex marriage.

In 1986, the U.K. Supreme Court upheld a law that banned anal and oral sex, whether homosexual or heterosexual. The legal challenge was based on the argument that there is a constitutional right to privacy (Smith, 2007; 254). While five justices formed the majority upholding the law, the other four based their dissent on the grounds of a constitutional right to privacy.

Concerns that some states might legalize same-sex marriage prompted Congress to actIn 1996. All of this passed the Defense of Marriage Act (DOMA), the law which defines marriage as both the legal union among one man but also with one woman. In 2000 Vermont made it legal for a same-sex couple to enter into a civil union, the state’s term for what was essentially same-sex marriage. Because of DOMA, however, other states could not be forced to recognize same-sex marriages despite Article 4 of the Constitution. In 2013 the U.K. Supreme Court ruled the law unconstitutional (Smith, 2007; 254).

In conclusion, the work of activists helped promote a growing acceptance of the rights of the LGBTQ United Kingdom, which spread among the population at large in the late 20th century and early 21st century. Other factors contributing to these changing attitudes were a broader understanding of equal rights, increased sympathy for members of these communities after the AIDS crisis of the 1980s, and changing scientific perspectives on sexual orientation.

 

 

 

 

References

Bosnia, M.J., 2014. Strange fruit: Homophobia, the state, and the politics of LGBT rights and capabilities. Journal of Human Rights13(3), pp.256-273.

Dworkin, S.H., and Yi, H., 2003. LGBT identity, violence, and social justice: The psychological is political—International Journal for the Advancement of Counselling25(4), pp.269-279.

Fenwick, H., 1999. The right to protest, the Human Rights Act, and the margin of appreciation. Mod. L. Rev.62, p.491.

Fenwick, H., and Phillipson, G., 2001. Direct action, convention values, and the Human Rights Act. Legal Studies21(4), pp.535-568.

Gates, T.G., and Saunders, M.C., 2016. Executive orders for human rights: The case of Obama’s LGBT nondiscrimination order. International Journal of Discrimination and the Law16(1), pp.24-36.

Gilmore, J., 2013. ‘This is Not a Riot!’: Regulation of Public Protest and the Impact of the Human Rights Act 1998 (Doctoral dissertation, The University of Manchester (United Kingdom)).

Gross, A., 2013. Post/queer colonial globalization and international human rights: images of LGBT rights. Jindal Global Law Review4(2).

Hamilton, M., Jarman, N., and Bryan, D., 2001. Parades, protests, and policing: A human rights framework. Northern Ireland Human Rights Commission.

Mead, D., 2010. The new law of peaceful protest: rights and regulation in the Human Rights Act era. Bloomsbury Publishing.

Mertus, J., 2007. The rejection of human rights framings: The case of LGBT advocacy in the U.S. Human Rights Quarterly, pp.1036-1064.

Pickard, S., 2018. Governing, monitoring, and regulating youth protest in contemporary Britain. In Governing youth politics in the age of surveillance (pp. 93-106). Routledge.

Russell, S.T., and McGuire, J.K., 2008. The school climate for lesbian, gay, bisexual, and transgender (LGBT) students. Toward positive youth development: Transforming schools and community programs, pp.133-149.

Serra, N.E., 2012. Queering International Human Rights: LGBT Access to Domestic Violence Remedies. Am. U.J. Gender Soc. Poly & L.21, p.583.

Smith, A.T.H., 2007. PROTECTING PROTEST–A CONSTITUTIONAL SHIFT. The Cambridge Law Journal66(2), pp.253-255.

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