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. Unmarried fathers and their children - has the law got it right?

    In response to a government paper on the situation, Families Need Fathers State: 'it is no longer reasonable to maintain any distinction between the legal position of married and unmarried fathers in relation to their children."34 It is reasonable to suggest that the law on fathers' rights is outdated.

  1. unit6 end of unit assignment civil litigation

    This drastically alters the role of the Court away from merely adjudicating on whatever cases the parties choose to present. Instead, it propels the judge into the arena, so to speak, - it makes him more active in the pre-trial matters to ensure not merely that the litigation progresses smoothly,

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

    and 3(1) of the 1972 Act. This argument was false because it failed to take account of the 'constitutional place in our law of the rule that Parliament cannot bind its successors'"16 So does the ECHR via the HRA actually undermine our sovereignty?

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

    More recently, however, Art. 8 has been interpreted more flexibly in realisation of children's need of protection against their parents, to be achieved by allowing states wide margin of appreciation in relation to term "necessary" and attaching crucial importance to best interests of child (Art.

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

    See R v Greater Manchester Police, ex parte R 20 There are however cases where the House of Lords have interpreted cases to be compatible with the Act. In R v A,21 a 'rape shield' for victims of rape introduced by the Youth Justice and Criminal Evidence Act 199 was

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

    Initiating with the Laissez-faire perspective of social policy, this viewpoint suggests that within the household, predominately fathers know best. Therefore the state intervention is kept to a minimal and takes place in severer circumstances. Secondly looking at the Birth Parents Rights perspective, this view highlights the importance of the birth parents and family structure.

  2. Are the Human Rights Act 1998 and the doctrine of Parliamentary supremacy compatible?

    For compatibility to occur, the protection for human rights provided through the 1998 Act needs to be able to occur alongside UK Parliament remaining superior. Nonetheless, if compatibility can be found between the two systems, the best place to look will be in the Act itself. It is C. A.

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