To What Extent Has the Human Rights Act 1998

European conventionality on sympathetic Rights The European chemical formula on compassionate Rights is a binding global agreement that protects the political and positive civil reforms of human beings and their basic granting immunitys. The Convention was drafted in 1950 by the Council of Europe, and came into trace on the 3rd of September 1953. In 1951, the ECHR was not yet part of the British Legal System. In 1997, the fatigue government introduced a bill into Parliament to incorporate the ECHR creating The Human Rights Bill. It was wholly in November 1998 that the ECHR became part of British legality.This entitled each person to the recompense of soul petition to the British courts, should they feel that each right in the Convention had been profaned. Unlike the Universal Declaration of Human Rights (adopted by the UN in 1948), the ECHR has been adopted by the Council of Europe and has been sanctioned by many countries. Articles indoors the European Convention o n Human Rights The ECHR is divided into three sections, consisting of ilx articles and a further thirteen protocols (European Court of Human Rights echr. coe. int website). Below I have highlighted some articles from the three sections. subdivision 1 is concerned with the Rights and Freedoms of humans. This includes article 2 the right to life which is to be protected by law, binding completely the signatory countries to ensure that every human will not be deprived of his life intentionally and to defend each person from immoral violence. incision 1 as advantageously enforces the prohibition of such acts including torture, slavery and oblige labour. Article 5 emphasizes the right of liberty and security of every individual (The European Convention on Human Rights (Jacobs and White), 2002).Article 6 states the right to a fair trial even those charged with a criminal offensive activity argon entitled to minimum rights. Article 8 focuses on the right of privacy and family respect of every person. Article 9 addresses each individuals right to freedom of thought, conscience and religion. With this right, we all have the freedom to change our religion or beliefs. Which leads to article 10, entitling each individual to freedom of expression. Article 12 gives the right to both men and women of marri eonable age to have the right to marry and have a family.They must and stick to the national laws that govern the exercise of this right. Article 18 ensures that these rules of Convention can only be used for the specific purpose as defined in all articles. Section 2 (the largest section of the ECHR) focuses on the whole on the European Court of Human Rights. This includes rules regarding the number of judges, the criteria for office, the competence of both single judges and of committees, and the jurisdiction of the Court. Section 3 encompasses all confused provisions (article 52 to 59). Human Rights number 1998The Human Rights tour 1998 (which is as w ell known as the Act or HRA) is an act of parliament that was instated in 1998, on the 9th of November receiving Royal concurrence. However it was two years later, on the second of October in 2000 that the act actually came into force. The major purpose of the act was to fork out a solution to the breach of human rights issues in the UK, without the guide of qualifying to Strasbourgs European Court of Human Rights. It works as a mechanism to implement the European Convention on Human Rights, which was enforce in other European countries well before the get together Kingdom.HRA amplely facilitates the implementation of the European Convention on Human Rights (ECHR) in the UK, in order to provide rights to the citizens of the country. Sections of the Human Rights Act 1998 There argon 22 sections that form the Human Rights Act 1998. Below I have highlighted sections 1 to 4. Section 1 of HRA focuses on the enforcement of rights (that are given in the ECHR) in the judiciary and la w system of the UK. Section 2 focuses on the rendition of the Human Rights Act. Under section 2 of HRA the UK courts are directed to force the decision of European courts when solving a case of human right violation.It must be noted that the UK courts are not obliged to follow European decision, however it is mandate for them to follow the HRA in regards to human rights issues. Section 3 focuses on the interpretation of the laws, and requires courts to wholly at a lower placestand the primary and repress formulas of the ECHR the focus on interpretation is to ensure compatibility with the ECHR. Under this section the courts are required to read in, read out and read down to in full interpret the statutory clauses in the act (Keenan &038 Riches Business Law, 2011) . Section 4 of the HRA describes the courts permission to declare an issue incompatible.If a law cannot be interpreted to make it comply with human rights, incompatibility is declared. adjudicate do not have the right to overturn primary legislation in the UK if they find that it is not compatible with human rights, however they are able to overturn secondary legislation. The Protection of Human Rights Act 1998 The Act also hinders any public authorities (including the entire public field even courts) of performing actions that violate the Conventions rights. Should any public authority violate any right of an individual, the courts decision will be in favor of the claimant.However, violation of human rights from a member of a public authority can be justified if the violation occurred under certain circumstances or as a result of the mandatory obligations imposed by the Westminster primary legislation. The court retains the right to declare any action incompatible if it cannot be proved under the HRA 1998. Implementation of the ECHR The United Kingdom has ratified the European Convention on Human Rights. However, its dominance depends mainly on the extent of its implementation by the courts. This is where the Human Rights Act comes in.The key objective of the HRA is to achieve maximum compatibility with the European Convention on Human Rights giving further effect to the ECHR. The Human Rights Act came into force on the 2nd of October 2000. Since then, it has enforced the Conventions rights into the UK courts. Looking at how the HRA is set out (individual sections) I believe that the HRA has implemented the ECHR to a great extent. My reasoning for this lies predominantly in Section 3 of the HRA, where interpretation of the laws requires courts to soundly comprehend the legislations in the ECHR and to fully interpret the statutory clauses.This ensures that the laws are well understood, which is crucial when dealing with human rights. Sections 2 and 4 also brook the judges to retain sufficient control in order to make a more effective and independent legal system (without the need to constantly go back to Strasbourgs European Court of Human Rights). This has made the process much quicker and more effective it has also given UK citizens a clear legal statement of their basic rights and fundamental freedoms.