Human Rights ensures basic rights and freedoms Analyse this statement.

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This essay sets out to critically analyse the statement: “Human rights ensure basic rights and freedoms”. The essay will explain what it is to have a rights and the background of Human Rights. The essay will the move forward to examine the law on privacy, Article 8 of the European Convention of Human Rights and family discipline within the United Kingdom in order to reach a conclusion as to the accuracy of the above statement.

There are two types of rights these are moral rights and legal rights. Moral rights naturally exist to all human beings they are universal therefore applicable to everyone and are inalienable. Legal rights are artificial. They are given only in law, not simply on the basis that we are human. Legal rights exist only in certain societies or to those in a certain legal system they are therefore, only applicable to some people and are inalienable. Human Rights legislation is based on the theory that both moral and legal rights should correspond and that legal rights should build on the foundation of moral rights.

When thinking about rights it is important to understand that there is a difference between rights and desires or needs. Rights are different to something one may believe is desirable or even morally acceptable, rights are something that a person is entitled to. Therefore, if a person has a right to something, for example housing or shelter it becomes the duty of another person or body to supply it to the person in need.  The rights of an individual have to be controlled and are objectively balanced against the rights of a community.

 With rights comes the implication of freedom, that is to say that by living in a free country a person has the right and freedom to do and say as they choose without any interference from others. Nevertheless rights and freedom are separate as freedom is not absolute and has to be curtailed, as no individual has the right to hurt others verbally or physically simply because they choose to. A person cannot take property that does not belong to them just because they so desire it, this would infringe on the rights of other individuals who are supposed to have the same rights. This is where the state is required to limit and balance the freedoms that we enjoy individually in order to resolve conflict.

The introduction of the Magna Carta and The Bill of Rights 1689, mark occasions of serious discussions concerning ideas about rights. Before these documents, the United Kingdom had no written constitution covering these issues. It was not until 1998 that the government introduced the Human Rights Act. This came into force in 2000 in order to maintain equality in a multicultural society, the state attempts to maintain stability of the rights of those of other people against the other minorities. Due to the controversial nature of rights based law, limitations are put in place to prevent one person’s rights infringing on another person’s rights. An example can be drawn from the right to freedom of speech, while it is a right for a person to have the freedom of speech, a person does not have the right to speak in a racist manner and with society constantly evolving laws have been put in place to prohibit such expression, therefore it is evident that there exists a right to freedom of speech however, a duty is placed upon the individual or group to use that right responsibly. Human Rights have been adapted and changed through the history and ages from slaves being outlawed and women having now equal rights to men, however woman‘s social rights are still under disrepute with things such as income from employment. Once again due to the controversial nature of rights courts are required to deliberate over rival rights to make judgments which balance the issues in hand without being morally or politically neutral. For example there have been passionate debates of the rights of householders defending their property and privacy against intruders and the rights of the intruders. Human rights are important within the European Union however, it becomes harder to enforce in less developed countries where the right to an education would be deemed less important in comparison to the issues of starvation and torture.  It is here that it would be fair to imply that although Human Rights are law, not everyone has rights or at least not in their entirety. In these countries individuals still have rights and therefore there is a duty to provide them. But basic rights such as freedom of speech do still exist to all individuals residing within the European Union and this essay outlines basic rights not every right considered within Human Rights.

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Moving on to the law on privacy, within the United Kingdom a right to privacy does not exist as such.  There are however, two ways in which an individual’s privacy can be protected these are the right to confidentiality and Article 8 of the European Convention of Human Rights. A case can be brought to court under the law on confidentiality and/or Article 8 of the ECHR. The case of Prince Albert v Strange (1849) I H & 21 -22 illustrates how privacy is preserved under the right to confidence. Confidentiality states that everyone has the right to have certain ...

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