To what extent has the Human Rights Act 1998 fully implemented the European Convention on Human Rights into the UK legal system?
Tutor: Philip Benjamin Student: Ivan Sucic
TABLE OF CONTENTS
Article I. ABSOLUTE RIGHTS 4
Article II. LIMITED RIGHTS 4 INTRODUCTION
This very important act which came into force in October 2015 made a huge impact on the English courts, because all the rights in the European Convention on Human Rights had a direct effect on them. The European Convention on Human Rights was made by the Council of Europe and came into force in 1953. Now the Convention has 40 states, including the UK. It requires that the states which have the Convention to uphold several …show more content…
ABSOLUTE RIGHTS
The absolute rights are those rights which international human rights law recognise them as absolute, but there are only few of them. Some rights and freedoms could have reasonable limits that could be placed onto them. Absolute rights can not be suspended or restricted. Table below is showing some absolute rights.
ARTICLE
DESCRIPTION
Article 7
ICCPR
Freedom from torture, inhuman or punishment
Articles 8(1) & 8(2) ICCPR
Freedom from slavery and servitude
Article 15
ICCPR
Prohibition against the retrospective operation of criminal law
Article II. LIMITED RIGHTS
This kind of rights has few exceptions. Illustration of that is right to liberty which sometimes is reasonably controlled. Example of that is when a person is doing a crime, that person has no any rights of freedom.
Article III. QUALIFIED RIGHTS
Qualified rights are rights in which government can and sometimes must prevent your rights only if there is need to look after other people’s rights. Some that rights are right to respect private and family life, freedom of expression, freedom of assembly…
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