To What Extent Has the Human Rights Act 1998

European conventionality on compassionate Rights The European Convention on tender-hearted Rights is a binding international symmetry that protects the political and fundamental civil practiceds of human beings and their basic freedoms. The Convention was drafted in 1950 by the Council of Europe, and came into force on the 3rd of September 1953. In 1951, the ECHR was not yet part of the British Legal System. In 1997, the Labour governing body introduced a bill into Parliament to incorporate the ECHR creating The Human Rights Bill. It was only in November 1998 that the ECHR became part of British law.This entitled each person to the right of respective(prenominal) petition to the British courts, should they feel that both right in the Convention had been violated. Unlike the Universal Declaration of Human Rights ( keep abreast by the UN in 1948), the ECHR has been adopted by the Council of Europe and has been sanctioned by many countries. holds within the European Convention on Human Rights The ECHR is divided into three sections, consisting of fifty-nine articles and a further thirteen protocols (European Court of Human Rights echr. coe. int website). Below I possess highlighted some articles from the three sections. plane section 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 all the signatory countries to ensure that every human will not be deprived of his life intentionally and to defend each individual from unlawful violence. class 1 alike enforces the prohibition of such acts including torture, slavery and forced labour. word 5 emphasizes the right of freedom and security of every individual (The European Convention on Human Rights (Jacobs and White), 2002).Article 6 states the right to a fair(a) trial eve those charged with a criminal offence atomic number 18 entitled to minimum rights. Article 8 wayes on the right of concealing and family res pect of every person. Article 9 addresses each individuals right to freedom of thought, conscience and religion. With this right, we all make up the freedom to permute 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 marriage subject age to have the right to marry and have a family.They must(prenominal) however follow the national laws that govern the exercise of this right. Article 18 ensures that these rules of Convention ass only be used for the specific purpose as be in all articles. Section 2 (the largest section of the ECHR) focuses entirely on the European Court of Human Rights. This includes rules regarding the number of decide, the criteria for office, the competence of both undivided judges and of committees, and the jurisdiction of the Court. Section 3 encompasses all miscellaneous commissariat (article 52 to 59). Human Rights Act 1998The Human Rights Act 199 8 (which is also cognise 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 2nd of October in 2000 that the act actually came into force. The major purpose of the act was to provide a solution to the breach of human rights issues in the UK, without the need of going to Strasbourgs European Court of Human Rights. It works as a utensil to implement the European Convention on Human Rights, which was enforced in other European countries well before the United landed estate.HRA greatly facilitates the implementation of the European Convention on Human Rights (ECHR) in the UK, in assure to provide rights to the citizens of the country. Sections of the Human Rights Act 1998 There are 22 sections that run 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 tending(p) in the ECHR) in the workben ch and law system of the UK. Section 2 focuses on the lookation of the Human Rights Act. Under section 2 of HRA the UK courts are directed to take the finish 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 mandatory 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 understand the primary and subordinate legislations of the ECHR the focus on interpretation is to ensure compatibility with the ECHR. Under this section the courts are need to read in, read out and read down to fully interpret the statutory clauses in the act (Keenan & 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. Judges 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 semipublic authorities (including the entire public sector even courts) of performing live up tos 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 legitimate circumstances or as a result of the mandatory obligations enforce 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 effectiveness depends principally on the extent of its implementation by the courts. This is where the Human Rights Act comes in.The identify 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 bent-grass out (individual sections) I believe that the HRA has implemented the ECHR to a great extent. My cerebrate for this lies predominantly in Section 3 of the HRA, where interpretation of the laws requires courts to thoroughly hollow the legislations in the ECHR and to fully interpret the statutory clauses.This ensures that the laws are well understood, which is polar when dealing with human rights. Sections 2 and 4 also allow the judges to retain sufficient control in order to create a more effective and independent legal system (without the need to forever and a day go back to Strasbourgs European Court of H uman Rights). This has make the process much quicker and more effective it has also given UK citizens a clear legal statement of their basic rights and fundamental freedoms.