Legal opinion on human right case

Order Description Utopia is a state party to the followin" rel="nofollow">ing in" rel="nofollow">international human rights in" rel="nofollow">instruments: Convention Relatin" rel="nofollow">ing to the Status of Refugees, (1951) 189 United Nations Treaty Series (U.N.T.S.) 137; Protocol Relatin" rel="nofollow">ing to the Status of Refugees, (1967) 606 U.N.T.S. 267; International Covenant on Civil and Political Rights (1966) 999 U.N.T.S. 171. International Covenant on Economic, Social and Cultural Rights (1966) 993 U.N.T.S. 3. International Convention on the Elimin" rel="nofollow">ination of All Forms of Racial Discrimin" rel="nofollow">ination, (CERD) (1966) 660 U.N.T.S. 195. Convention on the Elimin" rel="nofollow">ination of All Forms of Discrimin" rel="nofollow">ination Again" rel="nofollow">inst Women (1979) 1249 U.N.T.S. 13. Convention on the Rights of the Child (1989) 1577 U.N.T.S. 3 Utopia is a country on the frin" rel="nofollow">inges of the European Union. While a candidate country for European Union membership, it is not envisaged that Utopia will be a member state of the European Union until at least 2030. Utopia has a constitution that sets down its status as a liberal democratic republic. The country operates a traditional separation of powers model, with a judiciary, executive and parliament. Utopia is unusual, in" rel="nofollow">in that it is a pure monist State, and all in" rel="nofollow">individuals can rely directly on the in" rel="nofollow">international in" rel="nofollow">instruments listed above, in" rel="nofollow">in domestic courts. The duty on in" rel="nofollow">interpretation of these treaties generally falls to the High Court of Ultimate Appeal. The approach of the High Court of Ultimate Appeal of Utopia to recommendations of decisions, general comments/observations and concludin" rel="nofollow">ing comments of human rights treaty bodies, is as follows: “It is commonly acknowledged that decisions, concludin" rel="nofollow">ing observations and general comments of UN human rights treaty bodies are not legally bin" rel="nofollow">indin" rel="nofollow">ing. Nevertheless, in" rel="nofollow">in ascertain" rel="nofollow">inin" rel="nofollow">ing the normative content of specific rights, this Court takes cognisance of the fact that that UN Human Rights Treaty Bodies and other specialised United Nations bodies, may provide authoritative guidance on the precise scope and content of such rights contain" rel="nofollow">ined in" rel="nofollow">in in" rel="nofollow">international treaties that Westphalia is a state party to…..It is also of utmost importance, when this Court is tasked with decidin" rel="nofollow">ing the normative content of in" rel="nofollow">international human rights treaties, that this Court takes judicial notice of similar decisions from domestic courts and tribunals in" rel="nofollow">in other liberal democracies.” Saxe-Coburg Gotha & Win" rel="nofollow">indsor v Utopia [2016] High Court Reports 23 at 45. Over the last number of years, Utopia has undergone significant political change, resultin" rel="nofollow">ing in" rel="nofollow">in part at least, from a severe economic depression that has hit the country. In November 2016, a new government was elected in" rel="nofollow">in free and fair elections. In April 2017, the new government implemented a key election promise in" rel="nofollow">in brin" rel="nofollow">ingin" rel="nofollow">ing in" rel="nofollow">into force the Make Utopia Great Again" rel="nofollow">in Act 2017 (herein" rel="nofollow">inafter, ‘the 2017 Act’). The preamble to the 2017 Act sets down the broad policy objectives which the 2017 Act seeks to achieve (extracts): “An Act to regain" rel="nofollow">in control of Utopia for the citizens of Utopia…. to decrimin" rel="nofollow">inalise certain" rel="nofollow">in conduct that is central to deeply held beliefs of citizens in" rel="nofollow">in Utopia… to limit access to socio-economic rights for those seekin" rel="nofollow">ing asylum in" rel="nofollow">in Utopia, and to limit the applicability of in" rel="nofollow">international human rights law to certain" rel="nofollow">in persons. [03rd April, 2017] The 2017 Act runs to over 700 pages but in" rel="nofollow">includes the followin" rel="nofollow">ing two legislative measures in" rel="nofollow">in this Act: Section 245 of the 2017 Act: Recognition and Protection of Culture In Utopia, the followin" rel="nofollow">ing measures cannot ever be in" rel="nofollow">interpreted as a violation of human rights, because these are long held and deeply valued traditions by some Utopian citizens: (a) Reasonable chastisement of married women by their husbands, or reasonable chastisement of unmarried women, over the age of 18, by their fathers (or other suitably appoin" rel="nofollow">inted male guardian). For the sake of clarity, reasonable chastisement in" rel="nofollow">includes any hittin" rel="nofollow">ing by the hand, by a leather belt not measurin" rel="nofollow">ing over 30 centimetres, of the said women to ensure compliance with in" rel="nofollow">instructions of husbands/fathers/suitably appoin" rel="nofollow">inted guardians. (b) Fathers (or a suitably appoin" rel="nofollow">inted male guardian) may, at their sole discretion, permit that their daughters, who have not reached the age of 16 years, must undergo female genital cuttin" rel="nofollow">ing. This female genital cuttin" rel="nofollow">ing procedure must be conducted under general anaesthetic by a medical practitioner registered with the Utopia Medical Council. Section 290 of the 2017 Act: The Socio-Economic Rights of Asylum Seekers (a) Those seekin" rel="nofollow">ing refugee status, but whose claims are not yet verified by the Utopia Refugee Appeals Authority, shall be known as asylum seekers. (b) Asylum seekers shall never enjoy, any service, benefit or the like, drawn from Utopian public funds, as regards the followin" rel="nofollow">ing rights: i. Right to shelter; ii. Right to work; iii. Right to a reasonable standard of livin" rel="nofollow">ing; (c) Those socio-economic rights listed above in" rel="nofollow">in section 290(b)(i), (ii) and (iii), contin" rel="nofollow">inue to be enjoyed by Utopian citizens. (d) For the avoidance of doubt, asylum seekers who lodged a refugee claim prior to the commencement of this section (on 03 April 2017) contin" rel="nofollow">inue to enjoy the socio-economic rights listed in" rel="nofollow">in section 290(b)(i), (ii) and (iii) of this Act. You are a student human rights legal researcher in" rel="nofollow">in the Utopian Public Interest Law Centre. You have been requested by a supervisin" rel="nofollow">ing solicitor to conduct the followin" rel="nofollow">ing work: provide a written legal opin" rel="nofollow">inion, backed up with extensive reference to treaty texts, relevant concludin" rel="nofollow">ing observations and general comments/recommendations of UN human rights treaty bodies, and academic literature