There is the assumption that each being is a moral and rational being that deserves to be respected and treated with dignity. Human rights are fundamental rights which are not subject to being taken away or given away by the possessor; and to which a person is inherently entitled for simply being human. Human rights can be classified into civil and political. These rights are considered as first generation rights and everyone’s birthright which should be enjoyed and protected by the state. The right to life and the right to marry are examples of rights which fall into this category. Human rights can also be classified in the category of social and economic and examples of rights in this category include the right to education and freedom
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Therefore, it is important that adequate measures are put in place by the international and domestic law for these rights to be recognised and protected. Human rights are protected both internationally and domestically. Domestically, human rights are normally protected by having a legal status in the country’s constitution or in a Bill of Rights. However before the Human Rights Act 1998 was passed, the traditional method which the United Kingdom embraced was the common law method. However, parliament passed legislation in form of the Human Rights Act 1998 which protects human rights. The Human Rights Act 1998 gives effect to the European Convention on Human Rights and all courts in the UK must interpret and give effect to the law in a manner which is as close to the Human Rights Act as possible; in cases involving both public authorities and individuals. Internationally, human rights are protected through treaties which states become members of. By becoming a party to a treaty, the states are obliged to protect individuals and groups against human right abuses. States like the UK that have parliamentary sovereignty have to put into place domestic measures and pass legislation that is compatible with the obligations and duties in the …show more content…
They are conditional and subject to lawful interference and restrictions. However, before these rights can be subject to any lawful interference or restrictions, they are subject to a test for legality as prescribed in the Articles of the Convention . The interference has to be prescribed by the law which means that it should have some reference to provisions made in domestic law. It is also required that the provisions be free from arbitrary interference by public authorities. Also, the law has to be accessible to those it will affect; and it should be formulated in a manner whereby the certain outcome of a conduct will be known to the individual. However, there must be a legitimate reason for the conditional rights to be interfered with such as situations that involve national security. It must also be shown that it was in pursuance of one of the aims laid down in the Convention . The Courts will then consider the reasonableness of the restriction and if it is necessary in a democratic society. In making this decision, the court will apply the doctrine of proportionality. The doctrine of proportionality relates to the interpretation of statutory provisions to maintain fairness and justice. Here, the court ensures that the means employed to achieve a goal, impinges on the minimum extent to preserve the interest of the public. The court will consider if there was any alternative
Therefore, it is important that adequate measures are put in place by the international and domestic law for these rights to be recognised and protected. Human rights are protected both internationally and domestically. Domestically, human rights are normally protected by having a legal status in the country’s constitution or in a Bill of Rights. However before the Human Rights Act 1998 was passed, the traditional method which the United Kingdom embraced was the common law method. However, parliament passed legislation in form of the Human Rights Act 1998 which protects human rights. The Human Rights Act 1998 gives effect to the European Convention on Human Rights and all courts in the UK must interpret and give effect to the law in a manner which is as close to the Human Rights Act as possible; in cases involving both public authorities and individuals. Internationally, human rights are protected through treaties which states become members of. By becoming a party to a treaty, the states are obliged to protect individuals and groups against human right abuses. States like the UK that have parliamentary sovereignty have to put into place domestic measures and pass legislation that is compatible with the obligations and duties in the …show more content…
They are conditional and subject to lawful interference and restrictions. However, before these rights can be subject to any lawful interference or restrictions, they are subject to a test for legality as prescribed in the Articles of the Convention . The interference has to be prescribed by the law which means that it should have some reference to provisions made in domestic law. It is also required that the provisions be free from arbitrary interference by public authorities. Also, the law has to be accessible to those it will affect; and it should be formulated in a manner whereby the certain outcome of a conduct will be known to the individual. However, there must be a legitimate reason for the conditional rights to be interfered with such as situations that involve national security. It must also be shown that it was in pursuance of one of the aims laid down in the Convention . The Courts will then consider the reasonableness of the restriction and if it is necessary in a democratic society. In making this decision, the court will apply the doctrine of proportionality. The doctrine of proportionality relates to the interpretation of statutory provisions to maintain fairness and justice. Here, the court ensures that the means employed to achieve a goal, impinges on the minimum extent to preserve the interest of the public. The court will consider if there was any alternative