The European Convention on Human Rights Act 1998 - 968 Words

The aim of this essay is to critically evaluate the statement The European Convention on Human Rights exists to guarantee legal protection to fundamental rights. It will examine how rights are protected in law and the way the UK approaches the protection of these rights. Explanation will be made of the way that the UK addresses the implementation of the rights in the English legal system. Issues such as conflicting rights and legal limitations will also be considered. An evaluation will be made of whether or not The Human Rights Act 1998 protects the fundamental rights of UK citizens as contained in the European Convention on Human Rights. Before the Human Rights Act 1998 was passed by parliament it had been considered unnecessary†¦show more content†¦Under this procedure judges will decide whether or not the public authority has infringed the rights of the person affected and has therefore acted illegally. People can only bring cases against public authorities. Cases cannot be brought against privately funded organisations or individuals. However, because the Act has affected the way that judges are interpreting and developing existing laws the Act can also affect both individuals and private organisations. Clearly though, there will be situations that will arise where the rights contained within the Act will be in conflict between individuals and authorities or organisations. For example, Article 11: Freedom of association and assembly. This Article protects the right to peaceful protest and demonstration. In some circumstances this may interfere with the rights that are protected under Article 8: The right to respect for private and family life. This could occur when the activities of an individual are being protested against outside of their home. An example of this would be when animal rights organisations stage demonstrations outside of the homes of scientists who work in laboratories which use live animals in experiments. Additionally, there are limitations to some of the rights contained within the Act. These are known as qualified rights and in some circumstances these rights can be breached. Article 10:Show MoreRelatedThe Human Rights Act 19981486 Words   |  6 Pages The Human Rights Act 1998 The Human Rights Act 1998 was fully enforced in 2000 and describes further effect to freedoms and rights that are entitled under the ECHR (the European Convention on Human Rights) (Ward, Wragg Walker 2011, p. 146). The constitutional framework of the United Kingdom implies that the Human Rights Act 1998 is not ‘embedded’ in the same way as the human rights papers that are adopted by many nations in the world. Nonetheless, it is argued that any attempt to amend or repealRead MoreThe European Convention On Human Rights1492 Words   |  6 Pagesthat is italicized needs to be rewritten The European Convention on Human Rights. Exactly what is it and what are its aims? Its an international treaty which only member States of the Council of Europe may sign. The Convention lays a basic groundwork of all rights and guarantees which the States have to be held to. These rights include the freedom of though, expression, conscience, religion, effective remedy, peace enjoyment of possessions, and the right to vote and to stand for election. However,Read MoreThe Problem Of Human Rights Law1361 Words   |  6 PagesThis essay will argue that human rights law is not completely of no assistance in dealing with homelessness. However, it will discuss its deficiencies in dealing with homelessness. It will focus on how the human Rights law influences decision making policies in protecting and preventing new range of homelessness, this will be discussed from the United Nations perspectives. It will also emphasize on the provisions and the influence of the European Convention on Human Rights (ECHR) on the domestic lawRead MoreHuman Rights Act of 1998681 Words   |  3 Pagesstatement The European Convention on Human Rights exists to guarantee legal protection to fundamental rights. It will examine how rights are protected in law and the way the UK approaches the protection of these rights. Explanation will be made of the way that the UK addresses the implementation of the rights in the English legal system. Issues such as conflicting rights and legal limitations will also be considered. An evaluation will be made of whether or not The Human Rights Act 1998 protectsRead MoreThe Human Rights Act of 1998 and Its Judicial Impact1190 Words   |  5 PagesThe Human Rights Act of 1998 and its judicial impact In spite of the fact that there is much controversy when regarding human rights and the degree to which the authorities are determined to get actively involved in stopping significant crimes from being committed, its components basically remained the same. The European Court of Human Rights has the authority to determine the outcome of a trial involving a violation of human rights and all judges coming across such a case need to take into considerationRead MoreThe European Convention Of Human Rights1657 Words   |  7 PagesThe European Convention of Human Rights (ECHR) can be defined as an international agreement initiated within the Council of Europe, which was established in 1949 in Strasbourg in France in order to unify Europe after the Second World War (Harries et al., 2014; O Boyle, 2014). According to Donald et al., (2012), United Kingdom was among the first countries to adopt and has played an important role in ECHR creation at that time. In 1966, the petition and jurisdicti on of UK’s citizens was voluntaryRead MoreThe European Convention On Human Rights1704 Words   |  7 PagesThe European Convention on Human Rights was drafted in 1950. The UK and other 47 states have signed up. It is based on a series of articles and each of them protects a basic human right, allowing people to live free and respected lives. All the signatory states have to respect the fundamental civil rights which include: the right to life (article 2); prohibition of torture(article 3); the prohibition of slavery and forced labour(article 4); the right to liberty and security(article 5); the rightRead MoreThe Between The Uk Parliament And The Human Rights Act 1998 ( Hra ) On Sovereignty1030 Words   |  5 PagesParliamentary Sovereignty is, as Dicey coined â€Å"the right to make or unmake any law whatever†¦ [with] no person or body†¦ having a right to override or set aside the legislation of Parliament.† Immediately, we see a contradiction between the UK Parliament and the Human Rights Act 1998 (HRA) on sovereignty. The issues David Cameron puts forward in his speech have all attracted much attention from a Human Rights perspective. More and more the European Courts of Human Rights (ECHR) are becoming an integral part ofRead MoreHuman Rights Act 1998 ( Hra )1627 Words   |  7 PagesHuman Rights Act 1998(HRA) gives effect to the convention in the UK law, it does this to reschedule one of the Acts. The statute is considered a constitutional importance since it has a major effect on the way that the statute interacts with its citizens. One of the major concerns that was around when the HRA 1998 was first passed, was what effect it would have on Parliamentary Sovereignty, to an extent it is a debate that it still ongoing when you consider the things like the interaction with theRead MoreThe European Convention Of Human Rights Act1490 Words   |  6 PagesThe European Convention of Human Rights (ECHR), outlines the various rights of citizens in European nations, giving explicit power to the European courts (ECtHR), as well as domestic courts, with regard to the violation of these rights in the member states of the European Union. One thing to note is that the ECHR cannot be enacted without referring to the Human Rights Act (HRA) of 1998, which was inspired by the Universal De claration of Human Rights (UDHR) at Geneva in 1948. The aim of this essay