Rights

“Human Rights” - Extract from Essay 8 - Essays in Jurisprudence and Philosophy by H.L.A. Hart

Page 196 There is however no doubt that the conception of basic human rights has deeply affected the style of diplomacy, the morality, and the political ideology of our time, even though thousands of innocent persons still imprisoned or oppressed have not yet felt its benefits. The doctrine of human rights has at least temporarily replaced the doctrine of maximizing utilitarianism as the prime philosophical inspiration of political and social reform. It remains to be seen whether it will have such success as utilitarianism once had in changing the practices of governments for human good.

Special Needs - Legal Rights in UK

Clause 1 3, 2001 SEN Act: ‘If a statement is maintained under section 324 for the child, he must be educated in a mainstream school unless that is incompatible with - a the wishes of his parent, or b the provision of efficient education for other children.’ My underlining

Catchpole v Buckingham County Council and another, The Times Law Reports on 18 March 1999, Lord Justice Thorpe said “the local education authority had a duty to ensure that a child with special education needs was placed at a school that was appropriate. It was not enough for the school to be merely adequate.”

Phelps v Hillingdon Borough Council, Anderton v Clwyd County Council, Gower v Bromley London Borough Council and Jarvis v Hampshire Country Council. Times Law Reports, July 28, 2000. The House of Lords ruled that LEAs duty of care required them to “have to take reasonable care of their health and safety including the monitoring of their needs and performance.”