The Human Rights Act is a protective Bill of Rights. It started life at the end of the Second World War to prevent further atrocities against humanity, from happening. The Convention was drawn up by the Council of Europe to promote peace, equality and basic human rights, and it has evolved over the years. The human rights contained in British law are based within the “rights and freedoms” of the European Convention of Human Rights and these include:
The right to life, which includes protection and investigation of all suspicious deaths.
Freedom from degrading, inhuman treatment or punishment and torture, regardless of the situation.
Protection from slavery and forced labour.
The right to liberty and freedom, unless you have committed a crime and are a danger to yourself or others.
The right to a fair and public trial. Here, you are innocent until proved guilty, will receive no punishment without law and have the right to hear evidence against you.
The right to respect the privacy of private life, home life, family life, correspondence. Here, this right may protect you from stalkers, the Media, fans.
The freedom to think, worship and believe what you want without repercussions from people who do not share your views, religion or practices.
The freedom of expression – Should you wish to air your views, you should be able to freely, without repercussions.
The right to assemble and protest peacefully.
The right to marry and start a family.
The prohibition of discrimination- you have the right to enjoy the same right as everyone else, regardless of sex, gender, religion, race, sexuality or age.
The right to enjoy your possessions in a peaceful manner, which means that public authorities cannot usually interfere with what you own or how you use them except in certain circumstances.
The right of access to education.
The right to free elections, they must be free, fair and conducted in private when...
...that specified the basic rights of the English people. However, in the year 1950, the United Kingdom Government signed the European Convention on HumanRights, to protect people’s rights from abuses seen under Hitler’s rule, following the Universal Declaration on HumanRights made by the General Assembly of the United Nations in 1948. Even so, the European Convention on HumanRights had not ratified and incorporated itself into law until 1998 when Parliament enacted the HumanRightsAct.
The HumanRightsAct 1998 states that when judges are deciding cases in which a question about a Convention right has been brought forward, the court must take into account any judgment, decision, declaration or advisory opinion of the European Court of HumanRights. This means that instead of a conflicting decision by the United Kingdom court, the court must follow decisions of the European Court of HumanRights.
An example of this was seen in the case of Re Medicaments (No 2), Director General of Fair Trading v Proprietary Association of Great Britain (2001). The Court of Appeal had refused to follow the decision of the Supreme Court in the earlier case of R v Gough on grounds that it was slightly different to decisions...
...The humanrightsact 1989
The HumanRightsAct 1998 came into force in the United Kingdom in October 2000.
All public bodies such as courts, police, local governments, hospitals, publicly funded schools and other bodies carrying out public functions have to comply with the Convention rights
This means, among other things, those individuals can take humanrights cases in domestic courts; they no longer have to go to Strasbourg to argue their case in the European Court of HumanRights
The humanrightsact includes:
1. Right to life
2. Freedom from torture and inhuman or degrading treatment
3. Right to liberty and security
4. Freedom from slavery and forced labour
5. Right to a fair trial
6. No punishment without law
7. Respect for your private and family life, home and correspondence
8. Freedom of thought, belief and religion
9. Freedom of expression
10. Freedom of assembly and association
11. Right to marry and start a family
12. Protection from discrimination in respect of these rights and freedoms
13. Right to peaceful enjoyment of your property
14. Right to education
15. Right to participate in free elections
How the human...
...The aim of this essay is to discuss the development of humanrights legislation and whether the HumanRightsAct has helped to protect the rights of British citizens.
The general aim of this essay is to;
1) To follow the development of humanrights legislation, from the end of World War 2, to the present day.
2) And how the HumanRightsAct 1998, has affected the lives of British Citizens, for example recently a law allowing terror suspects to be detained for up to 90 days without charge, but this was dropped as it was deemed to breach the rights of those being detained for such a long period of time.
After World War 2, appalled by the atrocities committed during the war, The United Nations adopted the universal Declaration of Rights in 1948. Although not legally binding, it urged member countries to promote certain rights contained within the declaration. The Universal Declaration was the first ever international, legal attempt to limit the behaviour of countries.
The Universal Declaration of HumanRights contains 30 articles. But the most important of these are articles are considered to be the following;
o The right to life, liberty, property and security of person.
o The right to an education
...replacing the HumanRightsAct 1998 with a British Bill
of Rights and Responsibilities.
The HumanRightsAct 1998 (HRA 1998) is the single most effective piece of legislation, passed in the United Kingdom, which enforced the principles set out in European Convention on HumanRights in British domestic courts. A brief history as to the enactment of such a profound piece of legislation will help us understand the importance of the HumanRightsAct 1998, and reasons the current coalition government would consider replacing the HumanRightsAct 1998 with a British Bill of Rights and Responsibilities.
After World War 2, and the barbaric atrocities of the Nazi holocaust, European politicians and jurist were convinced that there was a need to forge a new Europe. The foundation of the Council of Europe was inspired by the need to guard against dictatorship, avoid risk of another war and to provide a beacon of hope. The first task was to establish rights for individuals against sovereign states. The code of the European Convention of HumanRights (ECHR) was formed, and the European Court on HumanRights (ECtHR) was established and located in Strasbourg.
This treaty was signed by member...
Discuss whether the HumanRights succeeded in doing what it was designed to do
Prior to HumanRightAct 1998, European Convention HumanRights were not directly applied by the courts and while there were infringements of the rights enshrined in the ECHR an application have to make to the Strasbourg Court when domestic avenues had been exhausted. Therefore,HumanRightAct 1998 was incorporated in UK in 2000 to bring ECHR rights to the English law and to ensure that the public authorities have due regard for Humanrights. Undeniable, it has a substantial impact in UK as according to Jack straw “these are new rights for new millennium. The HumanRightAct is the most important piece of constitutional legislation the UK has ever seen.”
However, we must also recognise that as a consequence of the incorporation of ECHR in English law, it had also led to some political tension between the Legislative and the Judiciary. Judges often being criticised that go beyond their constitutional role as a “interpreter” and hence violate the principle of parliamentary supremacy and Separation of power.
This is because the ultimate purpose of HRA was designed to give judges a mandate to ensure that legislative and...
...The HumanRightAct 1998 is an act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.It’s aim is to “give further effect” in UK law to the right contained in the European Convention on HumanRight. The Act makes available in UK courts a remedy for breach of a Conventionright, without the need to go to the European Court of HumanRight in Strasbourg. It also totally abolished the death penalty in UK law although this was not required by the Convention in force for the UK at that time.
In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the Convention, unless the wording of an Act of Parliament means they have no other choice. It also requires UK judges to take account of decisions of the Strasbourg. Court and to interpet legislatron,as far as possible, in a way which is compatible with the convention.However,if it is not possible to interpret an Act of Parliament so as to make it compatible with the Convention, the judges are not allowed to override it. All they can do is issue a dedaration of incompatibility. This declaration does not effect the validity of the Act of parliament, in the way, the...
...Humanrights refer to the natural or basic rights and freedoms to which all people are entitled to. Traditionally, the rights and freedoms of citizens were protected by an Act of Parliament or by the judges in developing the common law. Prior to World War II, the convention for the protection of humanright and freedom was drafted in 1950s by the Council of Europe. It was drafted because of disgust with fascism and an anxiety to protect basic freedom. On 1953, it has developed to become an international treaty, which all 47 countries of the continent of Europe are bound by the European Convention of HumanRights and Fundamental Freedoms 1950, also known as ECHR. United Kingdom (UK) was one of the first countries to sign the Convention in November 1950. Although it entered into force in the UK on 3rd Sept 1953, UK chose not to incorporate its terms into domestic law. Therefore UK was only bound to ECHR on the matter of international law and not within the domestic legal system. During 1960s, there are few parties concerned had campaigned for the enactment for HumanRightsAct in UK. These parties are the commentators and public interest groups. However, due to several criticisms and the reluctant of UK government to pass such legislation, the HRA did not enact until 1998. Though the convention did not...
...torture is an unacceptable practice.
The aim of this essay is to critically analyse how the Committee against Torture and the HumanRight Committee have both generated a rich jurisprudence on the extent of state obligations related to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment beyond the traditional view of or preventing the use of torture in interrogations.
Torture has received so many international recognition due to its wide use in the Second World War. Torture is clarly defined in section 1 (1) of the Convention against Torture as ‘…any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession’. Other explanation of torture is that it ‘…is intended to humiliate, offend and degrade a human being and turn him or her into a thing’.1
There is a wide record of the use of torture since the history of mankind. For example, in the Roman law, it was customary to apply torture as a way of uncovering the commission of a crime.2 Also, there were reports of torture being permitted in situations where a confession was needed for a punishment in Japanese and Chinese criminal code.3. Also, the United Nations in its Special Rapporteur on torture in 1987 to the United Nations HumanRights Commission, indicated that...