European Convention on Human Rights

European Convention on Human Rights
5 min read
15 December 2022

(This paper was prepared by Coursework Writing Service)

The ascent and implementation of the HRA in 1998 have had a significant impact on the UK’s domestic law. First, before the Act, the majority of UK citizens wishing to pursue human rights cases based on the ECHR had to go to France before the ECtHR. However, after the development of the HRA, the courts in the UK now have the power to compel the equal treatment of people by all public agencies. It has given a voice to the voiceless and helped raise the level of public accountability. The Act has had huge significance with the UK’s domestic law. For example, through the Act, courts have the mandate of evaluating the compatibility of legislative statutes. Even though the Act preserves the sovereignty of Parliament, it also helps bring about the question for human rights in politics (Amos 2017). The vast content of information found in domestic law sets a precedent for the settlement of cases, and through the implementation of the HRA, the courts are required to review both sources of information before arriving at a decision (Nevill 2008).

The adaptation of the 1998 HRA has had numerous benefits for the UK. For instance, through having established and enforceable rights, the citizens, get a greater understanding of their rights and have an avenue to pursue any infringements. Furthermore, it has brought protection to vulnerable groups such as the old and people of different sexual orientations (LGBTQ). As an example, an old couple that had been together for sixty-five years (Mr. and Mrs. Driscoll) were recently separated, and this brought tremendous anguish to both parties. Mr. Driscoll has problems walking and depended on his wife while Mrs. Driscoll was blind and relied on her husband. Their separation is seen as a breach of their right to protected family life. After the story broke out, the couple’s case was reviewed based on the 1998 HRA, and the verdict was that the two were to be taken care of in the same residential care facility (Amnesty.org.uk, 2018). These are some of the benefits of having the HRA implemented within the UK’s court systems.

The rights of people with different sexual orientations are also upheld in the HRA, and this helps in promoting equal protection and access to public amenities regardless of their race, gender, or sexuality. Another significance of the 1998 HR act is the upholding of the individual’s right to privacy, especially regarding the holding of personal DNA for people who have not been charged with crimes. A 2008 ECtHR decision showed that it was illegal for the UK to hold the DNA and fingerprints of more than a million-innocent people despite the lords of the UK Law defending the action (Amnesty.org.uk, 2018). Furthermore, the 1990 deportation case of Mr. Chahal, he argued that his deportation would be a death sentence. He produced evidence of his claim and the ECtHR riled that immigrants cannot be deported if they are at a real risk of torture or death (Jones, 2008). It is because of this ruling that the UK cannot send immigrants back if they stand a risk of being tortured.

Conclusion

Through this document, the significance of the Council of Europe has been shown as the upholding and enforcing the ECHR. The COE is seen to have three bodies, Parliamentary Assembly, Committee of Ministers, and the Congress. The most recognized function of the council is the ECtHR, which is charged with implementing the ECHR across the forty-seven member states. The characteristics of the ECHR and its purpose have been extensively reviewed. Based on the evidence reviewed, the integration of the 1998 HRA into UK law is yet to be fully achieved despite its benefits. There exists a considerable number of people opposing the HRA, arguing that the country is sufficient in protecting its people. The paper would recommend a higher incorporation of the HRA and an expansion of the court’s power to enforce the Act.

References

Amos, M., 2017. The value of the European court of human rights to the United Kingdom. European Journal of International Law28(3), pp.763-785.

Amnesty.org.uk. (2018). Eight reasons why the Human Rights Act makes the UK a better place. [online] Available at: https://www.amnesty.org.uk/eight-reasons-why-human-rights-act-has-made-uk-better-place-british-bill-of-rights [Accessed 20 Nov. 2019].

Cameron, I., 2014. An introduction to the European convention on human rights. Iustus förlag.

Echr.coe.int. (2010). European Convention on Human Rights. [online] Available at: https://www.echr.coe.int/Documents/Convention_ENG.pdf [Accessed 20 Nov. 2019].

Greer, S., 2006. The European Convention on Human Rights: achievements, problems and prospects. cambridge university press.

Leverick, F., 2004. What has the ECHR done for victims? A United Kingdom perspective. International Review of Victimology11(2-3), pp.177-200.

Jones, K., 2008. I. Deportations with assurances: addressing key criticisms 1: public international law. International & Comparative Law Quarterly57(1), pp.183-194.

 

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