The European Convention on Human Rights (ECHR)
The European Convention on Human Rights (ECHR) is an international treaty elaborated within the Council of Europe. It was signed in 1950's in order 1"...to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration" and was finally signed on the 3rd of September 1953. The Convention was intended to provide a common standard across European Nations in respect of the protection of fundamental rights and freedoms. As of January 2000, most of the countries in the European Union have incorporated the Convention into their domestic law, enabling the judiciary of each country to take full account of its provisions when considering a grievance. The European Convention Rights are usually construed in "negative" terms, meaning that they guarantee that the State should not interfere with protected rights and freedoms (eg. no interference from the side of the State should take place in rights like the freedom of expression, or the right to peaceful enjoyment of private property). However, in some circumstances the Convention imposes a duty on the State to take active steps to enable its citizens to enjoy the rights protected under the ECHR.These duties are called "positive obligations". Accordingly, the ECHR created, with every article, a positive obligation to the United Kingdom, that being ensuring all these rights are protected.
The Human RIghts Act Has Revolutionised the Way Judges Interpret Statutes. Discuss.
“The Human Rights Act has revolutionised the way in which judges interpret statutes.” Introduction The Human Rights Act 1998 (HRA 1998) is described in its long title as “An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights.”[1] Its introduction created a huge impact on the English Legal system where previously, cases which involved breaches of the European Convention of Human Rights (ECHR) could only be heard in the Strasbourg courts and often involved proceedings which were lengthy and costly. With the introduction of the Act, the English courts could now hear cases involving these rights. The focus of our research paper is on the impact that the HRA 1998 had on the way judges interpreted statues following its introduction. Background to the Human Rights Act 1998 2 After the Second World War, the newly-established Council of Europe drew up the European Convention of Human Rights. The ECHR was drafted in 1950 and came into force in 3rd September 1953. All members of the council were expected to ratify the Convention as soon as possible.[2] However, ratifying the Convention did not compel member states to incorporate Convention provisions into their domestic law, as was the case with the UK, which despite ratifying the Convention, for many years, refused to incorporate the Convention into English
ethnic minority
Twentieth century Britain saw the immigration and full or partial integration of a variety of different ethnic minorities. Ethnic minority is defined as any group "whose members see themselves as sharing certain cultural characteristics, such as a common history, language, religion, or family or social values which distinguish them from the majority of the population." The sets of factors that hindered or encouraged integration of these groups overlap to a considerable extent. Yet, due to the special characteristics of the distinct ethnic minorities - their social, cultural and economic make-up and the different times at which they arrived - each of these groups also experienced peculiar difficulties and/or advantages with respect to integration. A recent study carried out by the home office in regard to policing British minority ethnic communities, concluded that there is a tendency for black and Asian communities to receive poor and derogatory treatment by the police and that ethnic minority communities are also considered to be suspect societies. Also, despite evidence of police racism, it still seems the case, that conflict between the police and Asian people has been different to that of African/Caribbean people. Studies from the 1970s to the present show that when Asians come into contact with the police, whether as victims or witnesses, their experiences, in terms of
Is police use of stop and search ethical?
Is Police use of Stop and Search Ethical? "The powers of the police under current legislation are required for the prevention and detection of crime and should remain unchanged". (Mcpherson, 1998) INTRODUCTION This report looks at how the Police have used stop and search powers over history and how contributing factors such racism and crime have caused policies and practices to evolve into the laws as we know them today. HISTORY The statutory authority for stop and search began with the vagrancy Act of 1824, which was passed to stop destitute soldiers coming back from the Napoleonic wars begging on the streets (socialistworker.co.uk). This controversially became known as The 'sus' law giving police the authority to arrest and prosecute anybody who was 'loitering with intent'. This led to ethnic communties being targeted by the police in a blatient act of discrimination. (Maguire et al 2007). The Act was amended several times, most notably by the Vagrancy Act 1839 which introduced a number of new public order offences that were deemed at the time to be likely to cause moral outrage. Legistlation continued to be amended throughout history, although ethnic minorities continued to be discriminated agaisnt, partly because the police service was still almost exclusively white. A lack of understanding alienated ethnic minority communties and led to mutual mistrust and
This essay will be divided into four sections. In the first section, the issue about toleration and freedom of speech is discussed. In the second section, the idea of hate speech will be defined. And the related issue of hate speech will be discussed
MLL 110-LAW, SOCIETY AND CICIL RIGHTS Semester One 2006 COMPULSORY ESSAY BY UYEN NGUYEN . The violent reaction to cartoons recently published in Denmark that satirized the prophet Muhammad and the jailing of English historian David Irving in Austria for denying the Holocaust are both serious blows to freedom of speech. In a healthy, tolerant and civilized society freedom of speech must be absolute, no matter how offensive or inflammatory some speech might be. BOUNDARIES TO FREEDOM OF SPEECH Introduction: Some people believe that in a tolerant society freedom of speech means that any point of view is legitimate and should not be suppressed. However, the two events, the satiric cartoon of Muhammad written in Denmark and the jailing of David Irving for denying the Holocaust, which lead people to think about what is meant by free speech and where is its boundary, and whether freedom of speech should be absolute or not. Yet, dilemma sets in when we try to limit freedom of speech. On the one hand, if we try to limit freedom of speech, we may risk the danger to allow governments to censor any speech that expresses ideas different from their. Nevertheless, if we do not limit freedom of speech some inflammatory speech which expresses hatred towards certain group of people might exist and leads to social disharmony. In this essay, I will argue that the above dilemma is in fact
'The conventions governing ministerial responsibility are uncertain in scope and inadequate to provide proper safeguards against incompetence or impropriety. Discuss.'
'THE CONVENTIONS GOVERNING MINISTERIAL RESPONSIBILITY ARE UNCERTAIN IN SCOPE AND INADEQUATE TO PROVIDE PROPER SAFEGUARDS AGAINST INCOMPETENCE OR IMPROPRIETY. DISCUSS.' As we have learnt from out study of conventions, it would be very difficult to track down every convention relevant to ministerial responsibility, as they can be found from a variety of sources, some of which are unwritten. I shall be attempting to examine the most significant conventions, and examining their nature to determine exactly how effective they are. In particular, I shall look at the nature of convention itself to establish criteria on which we can judge the scope and adequacy of the conventions. I shall also examine incompetence and impropriety throughout ministerial departments and the civil service, because as we shall discover shortly, ministers are accountable for more than just their own actions. Conventions are the rules which regulate the day-to-day functioning of the legal constitution, described by some as the rules of constitutional morality. The most important conventions in the constitution are commonly regarded as those which either limit monarchical power or, as is applicable here, regulate the relationship between government and Parliament. The nature of convention is such that some may be well-established and clear, like that which ensures that Parliament meets at least once a
Does the UK need a Bill of Rights?
Should the Human Rights Act 1998 be changed, and if so, how? Currently, the matter of whether or not a Bill of Rights should be introduced in Britain is a focal part of the political discussions. This is evident in the current Green Paper, which sets out several points that should be approached in terms of constitutional reform, and the introduction of a Bill of Rights is strongly suggested1. However it is important to consider what can be achieved in terms of a Bill of Rights, as well as looking at the Human Rights Act and seeing why it is deemed insufficient in the area, and whether or not it really is insufficient. The government outlines several reasons as to why a Bill of Rights should be introduced. Essentially they are claiming that the Human Rights Act is just the initial step in introducing human rights as an integrated part of British culture2. Also, the Human Rights Act has created a lot of negativity from a public point of view and changing it to a Bill of Rights is an effort to make it more publically accepted; a means of 'bringing rights home'3. A brief history of the Human Rights Act is relevant to look at, as it will help in understanding why the Act has brought about negative attention. The Human Rights Act 1998 was part of a plan to incorporate the European Convention of Human Rights (ECHR) into British law4. It was a way to ensure that Human Rights
Of all the human rights in the European Convention, the right to freedom of expression is the most overrated - Do you agree?
Question 4: 2002 Exam paper "Of all the human rights in the European Convention, the right to freedom of expression is the most overrated. Even when viewed in the abstract, free speech is an uncertain public good, but the way it is protected in the Convention is so riven with qualifications and exceptions as to render it essentially meaningless." Do you agree? Give reasons for your answer. "Article 10 constitutes one of the essential foundations of a democratic society, one of the basic conditions for its progress and development of every man"1 . The Article 10 right of freedom of speech is very broad encapsulating the "the freedom to hold opinions and receive and impart information" with limited interference from the state. The broad application of the term is also extended to what constitutes 'expression', which the Court has taken to mean expression through almost any medium. The Court has been able to apply the article with such width, one could argue, as a result of the safeguards that are built into the article in its second paragraph. It is through these safeguards that the Court can protect the freedom of speech whilst also recognising the special "duties and responsibilities" that arise when dealing with something as potentially powerful as freedom of speech. 2. It shall be contended in this essay that the right of freedom of speech is far from 'overrated',
Human Rights Act
Critically asses if articles 8 to 11 of the European Convention on Human Rights allow the state too much latitude in their qualification to interfere with those rights. This essay will asses if articles 8 to 11 of the European Convention on Human Rights allows the the state too much freedom to intefere with their rights. It will do this by describing the Qualified, Absolute, and Limited Rights, and will then discuss Articles 8, in regards to the right for a private life, and Article 10, in view of the right to freedom of expression. It will then sum up whether or not the European Convention on Human Rights does or does not allow the state too much latitude to intefere. In 1950, representatives of all the Member States of the Council of Europe signed the European Convention on Human Rights. It was argued that collective security in human rights was as necessary as its military counterpart for the promotion and defence of "individual freedom, political liberty and the rule of law."1 The European Convention on Human Rights still remains, a result of its time and the worry of those who drafted it. As the European Convention on Human Rights was signed shortly after Second World War and during Cold War, the rights naturally were ways of protection for predominantly civil and political rights, as apposed to social or economic. Clear examples of the kind of rights protected by the
Racism Review
Janet "Marie" John 5 April 2010 PS 201 Newman The Perception of Racism Has Eclipsed Actual Racism At Issue: Is Racism A Serious Problem? I. Response "The nature of racism has changed, so although it continues to exist, racism now is different from the historical, systematic oppression of black people." Shelby Steele of the Hoover Institution in his article "Does Racism Matter?" presents that racism today is drastically different in nature than that of racism seen in yesteryear. Steele, using the diction and both modern and older connotation of 'racism', allows him to argue the change in racism and the major differences he has noticed. Steele begins his argument with a list of questions he rhetorically asks to provoke thought and interest: "Is racism now a powerful, subterranean force in our society? Is it so subtly infused into the white American subconscious as to be both involuntary and invisible to the racist himself?" With this list, Steele begins his analysis by acknowledging the end of a key aspect to racism as it is historically known: the death of white supremacy. This statement aligns well with the writer's opinion that racism has changed from its original form into its current state. Typically, the word 'racism' creates a memory or connotation of stereotypical whites oppressing blacks, which would better align with the original form of racism seen years