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Human rights- modern slavery

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In this essay, I will explore the matter as a doctrinal research methodology with the comparative-legal approach. This would assist the research in building a systematic explanation of the role of the UN in the abolition of slavery and forced labour. It will also be discussed the effectiveness and productivity of the UN in protecting enslaved forced-laboured individuals concerning their needs and the breach of rights they face upon having ‘equal rights ….of nations large and small’ . Also,...

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  • uploaded  31-01-2022
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case comment R (on the application of Lumba) v Secretary of State for Home Department [2011] UKSC

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False imprisonment is the unlawful restriction of a person’s freedom of movement . Lumba is a leading case as it outlines instances of false imprisonment where an appellant is detained by the state, it becomes the Secretary of State’s responsibility to display, on the balance of probabilities, that the detainment under the Immigration Act 1971 Sch.3 was lawful . Lord Dyson asserts this, ‘that he was directly and intentionally imprisoned by the defendant, whereupon the burden shifts to the...

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Lumba v. Secretary of State for the Home Department [2011] UKSC

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Lumba , a leading case in false imprisonment heard by the the Supreme Court, established that a detainee would only be awarded damages if an error made by the Secretary of State was the sole reason for the detention. In other words, if the detainee would have been lawfully detained irrespective of the error then he would not be entitled to any more than nominal damages for the tort of false imprisonment. This set the precedent for all similar cases decided immediately after Lumba and continues t...

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