The imposition of states on the individual is visible in instances where the state choses to take away rights e.g. prisoner voting and the difficulty individuals face when exercising their right e.g. article 11 European Convention of Human Rights the ‘right to protest & freedom of association’. Legislations provided for the individuals use indicate limitations, which establish that no right is certain. Article 11 is a qualifying right and can be limited so long as law prescribes the limitation. There are necessary and proportionate actions states take to pursue a legitimate aim, namely: the interests of national security or public safety; the prevention of disorder or crime; the protection of health or morals; or the protection of the rights and freedoms of others . Article 11(2) also states that this right will not prevent lawful restrictions being placed on the exercise of these rights by members of the armed forces, the police or the administration of the State. Once again the distubution of power is disproportionate.
In R (Laporte) v Chief Constable of Gloucestershire [2006] UKHL 55; the issue of whether the Chief Constable’s actions, which it was conceded interfered with Laporte’s convention …show more content…
The enforcement system failed to allow the freedom of Laporte's rights and the state saw this resulting in protection being given. Although states do impose on individual rights, the state enables individuals to practice their rights. The passing of legislation helps to protect people; the Equality Act, Women and Children treaties, NHS, UDHR, and ECHR, are measures the state has taken to promote the rights of individuals, which help protect them. The tension could be due to individuals wanting more freedom in ways they can explore and use their rights, or they require greater rights from the state, which they are not being provided with. The latter supports the argument of this
In R (Laporte) v Chief Constable of Gloucestershire [2006] UKHL 55; the issue of whether the Chief Constable’s actions, which it was conceded interfered with Laporte’s convention …show more content…
The enforcement system failed to allow the freedom of Laporte's rights and the state saw this resulting in protection being given. Although states do impose on individual rights, the state enables individuals to practice their rights. The passing of legislation helps to protect people; the Equality Act, Women and Children treaties, NHS, UDHR, and ECHR, are measures the state has taken to promote the rights of individuals, which help protect them. The tension could be due to individuals wanting more freedom in ways they can explore and use their rights, or they require greater rights from the state, which they are not being provided with. The latter supports the argument of this