Constitutional and Administrative Law
January Assignment
(Deadline 05/01/2015)
The guide of European Convention on Human Rights(ECHR), Human Right Act by Access to Justice(A2J) advice service
Introduction and history of European Convention on Human Rights
- The European Convention on Human Rights ' (Short form: ECHR) full name is the Convention for the Protection of Human Rights and Fundamental Freedoms.
- ECHR Signed in Rome in 4th November, 1950 under the auspices of the Council of Europe. Entered into force in 3rd September, 1953[ Aisha Gani,‘What is the European convention on human rights?’(3rd October 2014)<http://www.theguardian.com/law/2014/oct/03/what-is-european-convention-on-human-rights-echr> accessed 24 December 2014 ].
- All …show more content…
The Human Rights Act underpins this by making it unlawful for a public authority to act (or fail to act) in a way which is incompatible with a Convention right.[ Health, Social Services and Public safety,‘Section 6 - Human Rights Act’(October 2003)<http://www.dhsspsni.gov.uk/fertility-eia-finalv-section6-end.pdf> accessed 26 December 2014]
There is a simple example(fictitious) can let you easier to understand about how people can be protected by HRA:
Albert is a french student who study in a college in Manchester. Last weekend he was accidently involve a fight in a pub. He was caught outside the pub by the police. He was sent into a detention room. He was a suspect of this fighting case.
So under to the HRA article 3, he will not be torture or to inhuman or degrading treatment or punishment from the police. In article 6, he is still an innocent before the trial, he had the right to have enough time to prepare for this case, for example to get a free translator to assist him and a lawyer to represent …show more content…
Criminal trial is concerned, once a person facing criminal charges, you can apply to Article 6(1) of the Convention, till the end of the case.
-The European Convention on Human Rights on the protection of the rights of a fair trial is perfect. First, it provides a fair trial is to be protected, and provides specific protection measures as well as measures to protect the disposal of less time; on the other hand, it made for a fair trial exercise the necessary restrictions, to prevent the abuse of rights.
Self opinion
Convention does not define the term for criminal charges, which is defined by the Member States of independent interpretation apply. Due to a lot of members of the Convention, the legal system and languages are not the same, so when the independent interpretation when applied to members of the treaty, that provision itself has a lot of ambiguity. So, I think that the content of the Convention 6 (1) have a little bit confused. Disputes relating to this article from the European Court of Human Rights of view, the main problem is related to the scope of the criminal charges established. This will generate the need for provisions to be implemented at the time of its interpretation. The European Convention on Human Rights, the European Commission on Human Rights and other bodies monitoring the implementation of the Convention to develop guidance documents,
January Assignment
(Deadline 05/01/2015)
The guide of European Convention on Human Rights(ECHR), Human Right Act by Access to Justice(A2J) advice service
Introduction and history of European Convention on Human Rights
- The European Convention on Human Rights ' (Short form: ECHR) full name is the Convention for the Protection of Human Rights and Fundamental Freedoms.
- ECHR Signed in Rome in 4th November, 1950 under the auspices of the Council of Europe. Entered into force in 3rd September, 1953[ Aisha Gani,‘What is the European convention on human rights?’(3rd October 2014)<http://www.theguardian.com/law/2014/oct/03/what-is-european-convention-on-human-rights-echr> accessed 24 December 2014 ].
- All …show more content…
The Human Rights Act underpins this by making it unlawful for a public authority to act (or fail to act) in a way which is incompatible with a Convention right.[ Health, Social Services and Public safety,‘Section 6 - Human Rights Act’(October 2003)<http://www.dhsspsni.gov.uk/fertility-eia-finalv-section6-end.pdf> accessed 26 December 2014]
There is a simple example(fictitious) can let you easier to understand about how people can be protected by HRA:
Albert is a french student who study in a college in Manchester. Last weekend he was accidently involve a fight in a pub. He was caught outside the pub by the police. He was sent into a detention room. He was a suspect of this fighting case.
So under to the HRA article 3, he will not be torture or to inhuman or degrading treatment or punishment from the police. In article 6, he is still an innocent before the trial, he had the right to have enough time to prepare for this case, for example to get a free translator to assist him and a lawyer to represent …show more content…
Criminal trial is concerned, once a person facing criminal charges, you can apply to Article 6(1) of the Convention, till the end of the case.
-The European Convention on Human Rights on the protection of the rights of a fair trial is perfect. First, it provides a fair trial is to be protected, and provides specific protection measures as well as measures to protect the disposal of less time; on the other hand, it made for a fair trial exercise the necessary restrictions, to prevent the abuse of rights.
Self opinion
Convention does not define the term for criminal charges, which is defined by the Member States of independent interpretation apply. Due to a lot of members of the Convention, the legal system and languages are not the same, so when the independent interpretation when applied to members of the treaty, that provision itself has a lot of ambiguity. So, I think that the content of the Convention 6 (1) have a little bit confused. Disputes relating to this article from the European Court of Human Rights of view, the main problem is related to the scope of the criminal charges established. This will generate the need for provisions to be implemented at the time of its interpretation. The European Convention on Human Rights, the European Commission on Human Rights and other bodies monitoring the implementation of the Convention to develop guidance documents,