Human Rights
- Created by: hayden Francis
- Created on: 19-05-14 08:50
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- Human Rights
- European Convention on Human Rights (ECHR)
- Why?
- Recognition that many of the horrors of the Second World War were inflicted on citizens because their human rights had not been protected
- When?
- Treaty was signed in 1950 and ratified in 1951. It became binding in 1953
- Who?
- Originally created by the council of Europe. Now 45 countries have signed the ECHR.
- What?
- Treaty made by the countries who signed it, agreeing to give their citizens the basic rights contained within it.
- How?
- Any citizen of a state that has signed the ECHR can take their case to the European Court of Human Rights in Strasbourg
- Examples of Human Rights
- Right to liberty
- Right to a fair trial
- Freedom from slavery
- Prohibition of retrospective criminal laws
- Freedom from torture
- Right to a private life
- Right to life
- Right to an education
- Why?
- Human rights act
- Why?
- Difficult for citizens to seek redress if they felt their rights under the convention had been abused
- When?
- HRA came into force in the UK on 2 October 2000
- Who?
- HRA was a piece of legislation created by Tony Blair's Labour government
- What?
- HRA is an Act of Parliament which incorporated the ECHR into UK law
- How?
- Can use the HRA to seek redress for a breach of their Human rights as stated in the European Convention by taking their case to any British court
- Made the following changes
- Courts must interpret all legislation in a way that is compatible with ECHR
- Government/ public authority cannot behave in a way that is not compatible with the ECHR
- Made it easier for a UK citizen to seek redress
- Government must publish a statement as to whether or not any new bill introduced is compatible with the ECHR
- For/against the human rights legislation
- Against
- Gives too much power to judges that must interpret it, causing conflict between Parliament and the courts
- Not entrenched and could be repealed at any time
- Should not apply to all because some people in society should not be entitled to all of their rights.
- Countries allowed to stray from obligation to carry out most of the rights in time of emergency
- For
- If the HRA were repealed by parliament, the UK is still a signatory of the ECHR
- Rights have been strengthened
- avoids conflict between domestic and international law
- Rights to all humans equally
- wrongdoers can be made to pay compensation in cases of human rights violation
- Cheaper for a citizen to seek a remedy for a violation of rights
- Against
- Why?
- European Convention on Human Rights (ECHR)
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