The Human Rights Act

Improved Essays
Human rights have a part in everyone’s life. There are approximately 10 core articles that are part of the Human Rights Act. Article 1: every human being is born with the same rights. Article 2: includes basic rights and freedom, no matter the nationality, gender, race colour, sex, language, political or non political opinion, property birth or religion. Every person is equally entitled to have human rights without receiving discrimination for it. Article 3: every human being has the right to life, liberty and security. Article 4: no one is to be held under slavery or servitude. Article 5: No human is to be exposed to torture, or any inhumane punishments or treatments. Article 6: every human is entitled to the right of recognition everywhere. …show more content…
This Act was introduced to “bring rights home”. In other words, those who are UK nationals are able to rely on the rights that are part of the European Convention on Human rights, just before the domestic courts. Britain’s journey of developing human rights from the Magna Carta has been very long and is a proud tradition for Britain. It is believed by the Commission that the Human Rights Act has provided the correct protection that people need and it accurately meets the needs of the British constitutional traditions, however before, people were made to deal with the delay of claiming human rights in the European Court of Human Rights. Courts look to understand the legislation and how compatible it is with the Convention rights. There were two reviews that were conducted by the government on how effective the Human Rights Act is. The DCA (Department for Constitutional Affairs) published a review in July 2006 as a response to the request of the Prime Minister to the Lord Chancellor. This was to consider if there are any problems with the achievement of the Human Rights Act. The Home Office also directed a review of the wider effects of the Human Rights Act in the context of the criminal justice system in order to better the protection of those who are victims of crime. The DCA examined three aspects that were directly related to the effect of the Human Rights Act; the impact that it has had on the development of the law, …show more content…
One being the right to freedom of thought, religion and conscience, and the other being the right to have an education. In article 9 of the European Court of Human Right, it is stated that “everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance”. With this statement, it is very clear to see that Shabina was not given the chance to practice her religious beliefs. This is because being a Muslim, practicing modesty in relation to clothing and custom is required, therefore resulting in Shabina wearing a jilbab. It is a cause for concern on whether or not Shabina was allowed to wear a hijab to school even though it was not part of the schools’ policy with

Related Documents

  • Improved Essays

    Human Rights Dbq

    • 1795 Words
    • 8 Pages

    Majority held that the Anti-terrorism, Crime and Security Act 2001 was discriminatory under the Human Rights Act 1998 because the power was only extended to non-nationals . In A v SSHD, human rights laws had worked in favour of liberalism as it empowered courts to question an Act of Parliament. This suggests that if the Human Rights Act 1998 or ECHR applied to Bancoult (No 2), there could have been a better outcome for liberalism. Nonetheless, Lord Bingham reasoned that through the Chagossians’ connection with the BIOT, they are British Dependent Territory citizens under the British Nationality Act 1981 . Therefore, the 2004 Order would be invalid, as the Crown’s duty to protect its citizens cannot be satisfied from expelling them from their homeland .…

    • 1795 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    On December 10, 1948 the Universal Declaration of Rights was formed, motivated by the experiences of previous World Wars. It was the first period in which countries across the world agreed on a comprehensive statement of human rights. Australia also played an influential role in the development of the Declaration. It begins by recognising that ‘the inherent dignity of all members of the human family is the foundation of freedom, justice and peace in the world’. The document declares that each of the rights are universal and can be shared and enjoyed by all people no matter their race or religion.…

    • 279 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Egypt Declaration Dbq

    • 599 Words
    • 3 Pages

    I believe it is more of a deletion to the UDHR. For example, Article 1 of the UDHR states that “All human beings are born free and equal in dignity and rights.” (United Nations General Assembly 1948) However, the Cairo Declaration states that “All men are equal in terms of basic human dignity and basic obligations and responsibilities,” (Organization of the Islamic Conference 1990) but nowhere in the article does it state that they have equal rights. Another example that is hard to miss revolves around Article 10 of the Cairo Declaration.…

    • 599 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Throughout history, violations of human rights were a major concern. Human rights are the basic rights and freedoms of all humans. Causes of these violations came in many forms, such as religion, political, and ethical. Other causes might include, discrimination for gender and race. Human violations had many impacts, including lots of death and security issues.…

    • 709 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Human rights belong to everyone in the world. They are fundamental rights and freedoms to be able to choose how to live our life and be treated with dignity and respect. In the UK human rights are protected by the Human Rights Act, law which was passed in 1998. The Department of Health states that the law. Offers a practical tool to help support NHS organisations to put the individual at the heart of decision making process and make decisions that better protect the interests of service users and staff and carers.…

    • 374 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Judicial Deference

    • 790 Words
    • 4 Pages

    Introduction This paper is based on varied literature including journal articles, research papers, online resources, edited books, etc. The main focus of this paper is to examine the UK courts procedure in relation to the concept of deference with regards section 3 and section 4 of the Human Rights Act (HRA) 1998, it’s limitations and the essence of judicial deference to legislation and the interference of Parliamentary supremacy. In addition, it would be potent to highlight ‘the judicial approach to the scheme of the HRA particularly the interpretation and application of the interpretive obligation laid down in s 3 and the power to declare legislation incompatible under s4 as well as the construction by the judiciary of a principle of deference’…

    • 790 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Australian Sentencing

    • 537 Words
    • 3 Pages

    The human rights in Australia have been developed under the Australian Parliament and fortified by institutions of…

    • 537 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Qin Dynasty Human Rights

    • 1829 Words
    • 8 Pages

    In society, the role of the government is to provide adequate care to all its people and insure that they are protected socially, politically, economically, and even physically. Regardless of the system of polity in place, the sole purpose of the government is to serve the governed. To protect the rights of people all around the globe, the Declaration of Human Rights (D.H.R.) was created by the United Nations. The document cites three basic rights that all people are entitled to. These include Article 7 which states that every human has the right to “equality before the law,” Article 5 which condemns “torture and [degrading] treatments of people,” and Article 21 which states that everyone has the right to “participate in government and in free…

    • 1829 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    The human rights act 1998 combined the European agreement of the protection of Human Rights and Fundamental Freedoms 1950. It allows individuals to enforce 16 of the fundamental rights and freedoms contained in the European Convention on Human Rights in British courts. This makes Parliament and public bodies more accountable to UK citizens through courts. The fundamental rights include rights that impact directly on service provision in the health and social care sector. Rights particularly relevant to dignity in care include the right to life, the right not to be subjected to inhuman or degrading treatment and the right to a family life.…

    • 682 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Australia Human Rights

    • 145 Words
    • 1 Pages

    Human rights recognise the inherent rights, freedoms and responsibilities of all people regardless of race, gender, religion or cultural background. Hence, it is often argued that administrative law, being a public law, is intrinsically linked to human rights, and therefore these humanitarian principles should influence every decision taken by governments and public officers. Australia is a signatory to The Universal Declaration of Human Rights adopted by the UN, which is the most internationally accepted guideline on human rights. However, as opposed to other democratic countries, Australia lacks a constitutional bill of rights or a federal charter.…

    • 145 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Over the course of time, our perception of human rights has changed drastically, considering back in the day these rights were only given to a certain group of people. The main contributor to this is the natural divide between races and their conflicting cultures, where one race believes that their values and beliefs rank superior to another. Even today, prejudice beliefs and media outlets cause us to alter our views and dehumanize others based on both race and culture. Although basic human rights should be given to every person, throughout history the perspectives and lifestyles of certain people have barricaded others from receiving these rights. Mankind has dealt with integrating civil right laws in many civilizations since BCE, but many of those laws in that time period were only granted to the men…

    • 1007 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Charter Of Rights

    • 748 Words
    • 3 Pages

    In essence, the Canadian Charter of Rights and Freedoms is the sole piece of legislature which balances equality and liberty, whilst taking into perspective individual rights in opposition to the needs of society. The manner with which the charter is composed upholds the balance of liberty and equality justly; however, in practise the charter is implemented with the neither the honour nor the justice for which the spirit of the law intended. Furthermore, sections one, twenty four, and eight of the charter aptly demonstrate the misinterpretation with which the charter has been dealt. Overall, the faults within the charter are not within the legislature; a societal change in ideology is necessary in which the interpreters and enforcers of the…

    • 748 Words
    • 3 Pages
    Great Essays
  • Improved Essays

    Whether or not Australia should adopt a bill of rights that protects individual rights from infringement by the legislature or executive, has been a subject of debate over the past few decades, specifically as Australia remains the last Western democracy without a bill of rights (Galligan, 1990: 345). On the International level, Australia has ratified seven major human rights treaties, however these treaties cannot enforce their obligations on domestic law, as can be seen in the parliaments decline to enact legislation on ratified treaties such as the Convention on the Rights of the Child (Firth, 2011:308). On the national level, five explicit human rights exist in the constitution, along with the common law system and the Australian Human…

    • 1099 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Unalienable Human Rights

    • 1474 Words
    • 6 Pages

    I have an issue with the idea that people all have the same rights, not because I believe differently, but because I just don’t see that we on the whole follow through with that idea. For this essay I will be reasoning that while we do have rights that should be inalienable, as claimed in article II of the Universal Declaration of Human Rights (UDHR), in practice we do not. It seems to be a recurring theme, that we tell people they have rights, but exclude certain demographics from the rights that we consider most inalienable. We say “all men are created equal”, but this is only really true if you are born a Caucasian male, regardless of your socioeconomic status, and with the exclusion of females in general.…

    • 1474 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    ‘We cannot succeed when half of us are held back’ How true is this quote by Malala Yousafzai and how does this relate to Human Rights violations? It’s hard to define what human rights are; there is just too much to consider. Generally, human rights are simply referred to as the rights a human has. Of course, there are heaps of rights worldwide aimed towards certain groups of people; however, human rights are the only set of rights that are applied to everyone, universally.…

    • 1733 Words
    • 7 Pages
    Improved Essays