Part of The Student Room Group

  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Human rights act

Extracts from this document...

Introduction

Is the "Human Rights Act 1998" Ethical? The Human Rights Act 1998 is a United Kingdom Act of Parliament which received Royal Assent on November 9, 1998, and came into force on October 2, 2000. Its aim is to enforce UK law to the rights enclosed in the European Convention on Human Rights. The Act provides UK courts with a solution for breach of a Convention right, without the need to go to the European Court of Human Rights in Strasbourg. It also completely got rid of the death penalty in UK law. This Act makes it unlawful for any public body to act in a way which is incompatible with the Law, 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 interpret legislation, as far as possible, in a way which is compatible with the Convention. Human rights are basic freedoms that all people in democratic countries are entitled to enjoy. ...read more.

Middle

like an individual's action, which in itself is pretty neutral in content and may be for the good of him/herself but may disturb the other person's rights, so it also goes against human rights. For example, an "artist's" rights are for the artist alone, as long as the person is an artist he has those rights, which others have to take into account and comply with fully. Art 2 Sec 1 states that "Everyone's right to life shall be protected by law." And on the other hand abortion is legal. Babies are human beings therefore the law should apply to them as well. Art 5 Sec 1 states "Everyone has the right to liberty and security of person." in conjunction with Art 6 Sec 1 stating "In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. These sections of the act were breached on the "Stag Case" where he was unfairly convicted of murdered and sentenced to 10 years imprisonment. ...read more.

Conclusion

One should not be judged by someone else's' actions. Hitler was Christian and yet no one mentioned a "war on Christianity". Art 12 states that "Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right." Although Gay marriages have been made legal recently, this section does not protect them or mention them at all which also break the law under article 14 which states that "The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status." In conclusion to all the above, I would like to state that The Human Rights Act only protects a certain groups of people that interest the British government. I find the whole act very hypocritical and not well enforced. People should be treated as individuals according to their own circumstances and not as members of a certain group. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

or


Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Jury Essay

    This is because section eight of the Contempt Of Court Act 1981 states that it is a criminal offence to talk about any matters discussed in private, so therefore no inquiry is allowed to be made into why the jury came upon their decision.

  2. Discuss whether incorporation of the European Convention on Human Rights into the domestic legislation ...

    Although under section 3 (1) it states that all primary and subordinate legislation "so far as possible to do so...must be read and given effect in a away compatible with the Convention rights."17 This is not the only view.

  1. unit6 end of unit assignment civil litigation

    can be enforced by a warrant of possession which commands the county court bailiffs to enter upon the land, evict those in unlawful possession and give possession to the claimant. * Committal for contempt of court where the judgment is an injunction ordering the defendant to do or refrain from

  2. Describe and evaluate the impact of the children's rights perspective on social policy for ...

    For example, Michael Freeman (1992), a child advocate who supports the "child empowerment" school of thought, viewed that the most significant article in the Convention is Article 12 which states: "Parties shall assure to the child who is capable of forming his or her own views the right to express

  1. Can the Islamic approach to Human Rights be compatible withthe current International Human Rights ...

    Sharif Muhammad declares, as it is quoted by Ida Glaser and Napoleon John, that the Qur'an has preserved women dignity, justice, and protection which, for a long time remained out of their reach (Glaser and John, 1998). Conceptually, there are many accounts in the Qur'an and Hadis)1, and also in

  2. How has the European Court of Human Rights contributed to the protection of children's ...

    A similar pair of contrasting cases is Koniarska v. United Kingdom34 and DG v. Ireland35. The former involved a disappointing refusal of disturbed teenager girl's claim that security accommodation order infringed her Art. 3, 5 and 8 rights. Refusal of her liberty was justified by flexibly interpreted exemption under Art.

  1. Evaluate the extent to which the Human Right Act 1998 is consistent with the ...

    signed and dealing with the subject matter of international obligation...are to be construed, if they are reasonably capable of bearing such a meaning, as intended to carry out the obligation and not to be inconsistent with it''.30 This Garland approach of 'harmonious construction' of the national law rather than the

  2. The right to a fair trial is one of the key points established within ...

    Section 1 defined terrorism broadly. It has been argued that the definition is too broad, to the extent that it could include those who cause damage to fields in a campaign against GM crops, or some relatively minor aspects of pro- or anti-hunting campaigns.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work