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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