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– Articles imported in violation of the rights set forth in section 1308 are subject to seizure and forfeiture in the same manner as property imported in violation of the customs laws.
It is true enough that the purpose of the rights set forth in that Amendment is to ensure a fair trial; but it does not follow that the rights can be disregarded so long as the trial is, on the whole, fair.
In this connection, it should be noted that there is no intention to imply that each of the reasons specified in paragraphs (c)(2)(i) through (iv) of this section are logically relevant to each of the rights set forth in paragraph (b)(1) of this section.
Rather, the Convention requires the host country, in that case the United States, "to allow the review and reconsideration of the" foreign national's "conviction and sentence by taking account of the violation of the rights set forth in the Convention". Ibid.
He gave some examples of this "obsessive concern," all of which were Supreme Court rulings intended to assure the observance of the "due-process" clause and the rights set forth in the Fourth, Fifth, Sixth, Seventh, and Eighth Amendments to the Constitution.
The rights set forth in the European Convention are similar to the first twenty-one articles of the Universal Declaration, covering standard civil and political rights.
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Now, given that phrase, and those rights set forth with clarity, what is your response to Justice Ginsburg's question, namely, that Miranda itself says that the phrase that I read, or the equivalent, is demanded by the Constitution?
The basic rights set forth in the revised charter concern housing; health; education, labour rights, employment, and parental leave; protection from poverty and social exclusion; free movement of persons and nondiscrimination; migrant worker rights; and nondiscrimination of persons with disabilities.
The human rights set forth in the Convention are legally enforceable rights to which member states are bound.
"All the provisions of the Bill of Rights set forth the rights of individual men and women – not, for example, of trees or polar bears".
The charter combines the rights guaranteed by the European convention of human rights with the fundamental social rights set forth in the European social charter and in the community charter of fundamental social rights of workers.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com