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Are there any other ways to recognize human rights other than a referendum

  • 21-10-2012 10:33am
    #1
    edgal
    Registered Users Posts: 107 ✭✭ edgal


    Would holding a referendum really be the optimal way of recognizing such rights ?

    Take the children's rights referendum 2012, are there any other legal ways their rights could be recognized ?

    Would imposing greater penalties for breaches of such rights be a way to recognize them or is that just wrong ?

    Other suggestions means of legal recognition would be much appreciated!
    Tagged:


Comments

  • #2
    Victor
    Registered Users Posts: 77,772 ✭✭✭✭ Victor


    edgal wrote: »
    Other suggestions means of legal recognition would be much appreciated!
    The usual method here is for the government to be sued successfully at substantial cost and for there to be a risk of being sued again.

    Another option would be legislation, but this would be subject to constitutional challenge. One of the current 'complaints' from officialdom is that any action they take is at risk of a court challenge, so they do nothing.


  • #3
    edgal
    Registered Users Posts: 107 ✭✭ edgal


    Victor wrote: »
    The usual method here is for the government to be sued successfully at substantial cost and for there to be a risk of being sued again.

    Another option would be legislation, but this would be subject to constitutional challenge. One of the current 'complaints' from officialdom is that any action they take is at risk of a court challenge, so they do nothing.

    thanks for your interesting suggestion. Which would you think more appropriate as a form of recognition of such rights & why ?

    IMO a constitutional referendum would be effective as it is constitutionally binding if passed. But whether there would be much need in the Children's referendum for example, I am unconvinced.


  • #4
    Victor
    Registered Users Posts: 77,772 ✭✭✭✭ Victor


    Anything needs comprehensive treatment - constitution, legislation, policy and funding.


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