Analysis of the uk human rights act

If a public authority has breached your human rights, you may be able to take action under the Act. The European Convention on Human Rights protects the human rights of people in countries that belong to the Council of Europe.

However, there has never been a case where the Act has been successfully invoked to allow travellers to remain on greenbelt land, and indeed the prospects of this ever happening seem highly unlikely after the House of Lords decision in Kay v Lambeth LBC which severely restricted the occasions on which Article 8 may be invoked to protect someone from eviction in the absence of some legal right over the land.

These rights are called Convention rights. They protested under the Human Rights Act, arguing that they could not be required to give evidence against themselves. A remedy under the Act is therefore not limited to a Declaration of incompatibility possibly taking into account the equitable maxim Equity delights to do justice and not by halves.

Human rights

Where there is no clear precedent in the common lawjudges remain accused of judicial activism. Only public authorities have obligations under the Human Rights Act. But such disputes arise not from contractual arrangements made between two private parties, but tortious or quasi-tortious relationships, where the legislature has expressly, impliedly or through inaction, left it to the courts to carry out the balancing exercise".

The Human Rights Act says they must act in a way which is compatible your human rights. A and Others v. The Act provides that it is unlawful for a "public authority" to act in such a way as Analysis of the uk human rights act contravene "Convention rights".

Section 7 limits a right to bring proceedings under section 6 only to victims or potential victims of the unlawful act of the public authority.

This precipitated the enactment of the Prevention of Terrorism Act to replace Part 4 of the Act. Examples of Convention or human rights include: In she said that the Act was overused, and criticised the decision of European human rights judges to ensure all signatory states give some prisoners the vote.

They must respect and protect your human rights when they make individual decisions about you. Therefore, in cases "where the parties are in a contractual relationship in respect of which the legislature has prescribed how their respective Convention rights are to be respected" then the Court decided, as set out in paragraph 59 "In these circumstances, while we accept that the Strasbourg court jurisprudence relied on by the appellant does provide some support for the notion that article 8 was engaged when Judge Corrie was asked to make an order for possession against her, there is no support for the proposition that the judge could be required to consider the proportionality of the order which he would have made under the provisions of the and Acts.

You can complain to the public authority or you may be able to take legal action in the courts. So I hope when we bring forward proposals in the next few weeks that we will have a little less party politics and a little more support for national security.

More about taking action What if a private organisation or person has breached your human rights?

Human Rights Act

UK[34] a judgment given by ECtHR, declared that travellers who had their licences to live on local authority-owned land suddenly revoked had been discriminated against, in comparison to the treatment of mobile-home owners who did not belong to the traveller population, and thus their Article 14 protection from discrimination and Article 8 right to respect for the home rights had been infringed.

Sections 4 and 10 of the Human Rights Act Sections 4 and 10 allows courts to issue a declaration of incompatibility where it is impossible to use section 3 to interpret primary or subordinate legislation to be compatible with the articles of the European Convention on Human Rights, which are also part of the Human Rights Act.

It was designed to incorporate a traditional civil liberties approach to securing "effective political democracy", from the strong traditions of freedom and liberty in the United Kingdom. Who does the Human Rights Act protect?

What rights are protected under the Human Rights Act?

The declaration does not invalidate the legislation, but permits the amendment of the legislation by a special fast-track procedure under section 10 of the Act. Recent cases such as R ProLife Alliance v. A range of superior courts can issue a declaration of incompatibility.

Public authorities, like a local authority or the NHS, must follow the Act.

Therefore, judges have a duty to act in compatibility with the Convention even when an action is a private one between two citizens. Section 8 says that UK judges can grant any remedy that is considered just and appropriate. They must also follow the Human Rights Act when they plan services and make policies.

For example, the police have a positive duty to protect you if they know your life is in danger from someone.The Human Rights Act contains certain provisions which have enacted to prevent busybodies, cranks and other mischief makers from bringing actions under the act.

It will be argued that whilst this was the aim of the legislation, this has only in part been achieved. The Human Rights Act (c42) is an Act of Parliament of the United Kingdom which received Royal Assent on 9 Novemberand mostly came into force on 2 October Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights.

Assess the impact of the Human Rights Act on the protection of individual rights in the UK. Introduction The protection of freedom, autonomy and dignity of the individual is a key consideration of international community.

The Human Rights Act received royal assent on November 9, and came into force on October 2, The objective of said Act was to harmonize the domestic law of the United Kingdom with the European Convention on Human Rights.

An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes.

The Human Rights Act protects our fundamental rights and allows us to challenge authorities if they violate them. You might not have used it, but it's there if you need it.

These are your rights, protected by the Human Right Act.

Human Rights Act 1998 Download
Analysis of the uk human rights act
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