In conclusion, the
ECHR has impacted many people and protected their rights. I believe it is a
positive factor to the UK Law system and promotes justice for the people.
The courts were given a lot of power than before to hold the
government due to the Human Right Act 1998. Judges can now make rights
enforceable in the UK courts rather than previously travelling to Strasbourg. Judges
can also now make a declaration of incompatibility. A declaration of
incompatibility is a statement unconstrained by judges in the United Kingdom in
which they reflect the terms of a law, or act of a public authority. Parliament is
sovereign therefore courts can’t strike out law, there must be a vote, due to
this influence people were also given a sense of power, it is relevant that
people can now argue articles of the Human rights act in UK courts which they
couldn’t do before.
Another case where the UK laws have been exaggerated is the case
of Abu Qatada (2012) who was granted asylum in the UK after being tortured in
his native country Jordan. What happened was that he was given life
imprisonment in his country, so the UK preferably wanted to exile him, but the
problems were that the indication used to provoke him were brought about
through torture and that there was a high serious risk that he would be
tortured once returning to his country. They could not deport him because it
would be a violation of the European Convention of Human Rights: Article 3.
More so, in the case
of R(RH) V MHRT, North and East London Region 2001 is about a man who is
schizophrenic and was in a mental hospital, where he is placed in imprisonment.
The law argued that he can only be discharged if he can prove he is ‘of sound
mind’ but it is almost dreadful for him to do so when he has been placed in
confinement in such a condition. The judges argued that it is not fair-minded
for a man to prove his health to come out to be allowed back into civilization.
They argued that it should be ”those in charge who should distinguish that the
patient may cause a threat to themselves or those around them”. The ECHR acknowledged that this
violated the Human Rights Article 5, that it is inappropriate for the patient
to prove the threat of his own symptom. This leads to an altering in a result,
the law changed to give mentally ill patients great protection of their human
rights, including the right not be confined with burden on them to prove their
The impact that
the ECHR has on the UK judicial system in the result of law changing can be
seen in many significant cases. For example, the ‘Dudgeon vs. United Kingdom
(1981)’, the defences were banned in Northern Ireland by the penalty of
imprison as an accusation of male homosexual of their sexual activities. The
ECHR stated that his right to respect for private life had been violated and
was the first time the ECHR protected Gay Rights. As a result, Northern Ireland
legalised male homosexual acts, and this led to a decision to change in law in
the Republic of Ireland ever since.
The ECHR has had a huge impact on the
courts in the UK and has affected the UK Human Right Laws. The ECHR wanted the
ban lifted on prisoner voting. Bestowing to the guardian (October 2017), the ban on prisoners’ voting
was challenged by John Hirst, who successfully won a case in the ECHR in
Strasbourg. With the appeal that a ban on voting was
contrary to article 3, which guarantees the right to free elections. In 2005, the ECHR finally declared that the ban on prisoners
participating in elections violated human rights and should be illegal. due to
this it has been noted that short-term prisoners may finally be permitted to
vote in elections.
The European Court of Human Rights is a lawful body
safeguarding the rights which are protected in the European Convention on Human
Rights for everyone under the authority. There has been a court opened since 1st
November 1998 which is in Strasbourg (France).
The most vital and key rights
contained in the ECHR is Article 2: ‘The right to life’, which is the most
fundamental right cherished in the ECHR; implies that nobody – including the
government – have the ability or right to end your life. Everyone should be
comfortable enough to believe and trust their government and that everyone is
protected by the law. The government should take suitable procedures to
safeguard people’s life. Alternatively, another key right is Article 3: ”Prohibition of torture” this protects you from torture both mentally or physically it also protects you from exile.
‘Prohibition of slavery and forced labour’, is considered important because
many places, no exception to the UK, are controlled domestic work forces,
prostitution, and illegal drug cartels. This act means that a person is not entitling
to enslaved or made to work against their will. Article 6: ‘Right to a fair trial’, This means that a person is
entitled to a fair trial and to legal defence if accused of a crime he or she
is innocent until proven guilty; everyone has a right to turn to their lawyers.
Lastly, Article 10: ‘Freedom of
Expression’, which means that somewhat any one is entitled to their
opinions. Free speech is vital to life in a democratic civilisation. The free
speech may be the result of the incredibly changes in legal practise.
this, The European Convention on Human Rights (ECHR) 1950 was created by the
Council of Europe. The Council of Europe was created just after the Second
World War to protect human rights and to encourage free democracy throughout the
whole of Europe. The most
crucial violation acts towards human rights occurred during that time. They
additionally done this to stop a repetition of the Second World War and to not
ever allow the genocide or holocaust to occur again.
A written constitution is a recognized document
outlining the nature of the constitutional settlement, the guidelines that
govern the political system and the rights of citizens and governments in an
ordered form. Many countries have a written constitution for example: America
have the bill of rights. A bill
of rights, sometimes also called a declaration which
is essentially a list of the most important rights to the people of that specific country. The UK’s
constitution is not written in a document but, originates from many sources
that are part written and part unwritten, including conventions, Acts of
Parliament, the common law, and The EU law.An example of the bill of rights is Amendment 1 which is “Congress shall make no law
respecting an establishment The Freedom of Religion, and Freedom of Speech”, this means that Congress cannot make a law which insolences
an establishment of religion or
prohibits the practice of it, nor can they condense the freedom of speech. The
U.S. Constitution is protected from alteration due to temporary opinion by the amendment process called the ‘entrenchment’,
and this makes certain amendments either more tough or impossible to permit. Whereas,
The UK parliament, needs 51% majority in the Parliament to dispose of the Act,
such as the Human Rights, as its constitution is not entrenched.
Convention of Human Rights was designed by The Council of Europe after the Second World War in 1950 to protect human rights and the rule of law and
to promote democracy across the whole of Europe. It has over 40
parties, including the UK. Some of the human rights are: the right to life,
freedom from slavery and forced labour, the right to liberty, freedom of
expression, the right to an education and the right to participate in free
elections. At any time if anyone believed that their rights and freedoms were
being breached, they have the right to bring those cases to the court to find