Thursday 7 February 2013

Human rights
Definition:
 “Human rights provide language of ethics that we all can recognize. Which does not belong to a particular group or belief but to all of us. That is one base on the principle of common humanity”

Introduction and History:
In U.K the Human Right Act 1998 came into effect on 2nd, October 2000. The Human Right Act 1998 incorporates the European convention on Human Right (ECHR) into U.K domestic law. The Act incorporates ‘European Convention for the Protection of Human Right and Fundamental Freedoms’ into U.K domestic Law.

Human rights under domestic Law
·         Right to Life
·         Right to liberty and security
·         Right to fair trial
·         Right to Personal Privacy
·         Prohibition of discrimination........
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 Compatibility of Legislation and Government action with ECHR:
It is the duty of such courts to interpret all existing legislation including Supreme Court so that is compatible with the ECHR so far as it possible to do so. If the courts decide it is not possible to interpret legislation so that it is compatible with the convention it will issue what is known as “Declaration of incompatibility”.......

The value for the UK of the European human rights framework:
Human right system in the U.K is founded on the principle of collective guarantee of human right. It allows the individuals for to create the independent supranational court, hold the government and their agents to establish the regional mechanism......
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Human Rights:
According to the Act 1998 which incorporates the European Convention of Human Right ECHR in U.K domestic law rights are discussed below...

Right to Life:
Every one’s right to life should be protected by the law. No one shall be deprived of his life intentionally, unless by the carrying out of the death penalty in a country where this is allowed by the law. Deprivation of life shall not be regarded as inflicted in contravention of this Article
When it results from the use of force which is no more than absolutely necessary.
In defense of any person from unlawful violence.

Right  to liberty and security:
Everyone has the right to liberty and security of person. No one shall be deprived of his liberty. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any change against him............
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Right to Fair trail:
Every one charged with a criminal offence should be presumed innocent until proven guilty according to the law.
Every one charged with a criminal offence has following minimum rights:

Right to personal privacy:
Everyone has the right to respect for his private and family life, his home and his association. There shall be no interference by the public authority with the exercise of this right except such as is in accordance with the law and is necessary in a domestic society, in the interest of national security, public safety for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the right and freedom of others............

Prohibition of Discrimination:
There should be no discrimination on the ground of such as sex, race, colour, language, and religion, national or social origin, associated with a national minority, property, birth or other status.

Application of Ethical theories:
According to the Human right Act 1998 we can apply the Duty 

Right Theory:
Right of one person implies the duties on another person; it is called the correlativity of rights and duties. British philosopher John Locke argued that the law of nature mandate that we should not harm any one’s life, health, liberty……….

 Utilitarianism: 
An act is morally right if the consequences of that action are more favorable than unfavorable to everyone. If law took any step about any right which is going to be violate in the community, they want to improve it than this step must be in favor of everyone.

References:

1)  =  Jack Straw MP, as justice secretary, 1999
2)  =  Lord Bingham (Former senior Law Lord), the rules of law, 2010, Penguin
3)  =  Alice Donald, Jane Gordon and Philip
4)  =  David Kelly, Ann Holmes, Ruth Hayward, English Legal System, BPP
5)  = Monica Macovei
6)  = Ursula Kilkelly


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