How Effective Does The Human Rights Act 1998 Promote Substantive Equality?

Upholding human rights is essential for ensuring a fair and equitable society. In 1966, Australia and a majority of the world’s nations signed on to the International Covenant on Civil and Political Rights (ICCPR). After the atrocities committed in World War II this seemed like a positive step for ensuring acknowledgement and respect for the rights and freedoms of all people. However, the means of enforcing human rights is not a straightforward process. In response to ratifying the ICCPR, Australia set up the Australian Human Rights Commission. However, after a number of failed attempts, it has not followed through with implementing a

The Human Rights Act 1998 (also known as the Act or the HRA) came into force in the United Kingdom in October 2000. It is composed of a series of sections that have the effect of codifying the protections in the European Convention on Human Rights into UK law. All public bodies (such as courts, police, local governments, hospitals, publicly funded schools, and others) and other bodies carrying out public functions have to comply with the Convention rights. The Human Rights Act protects individuals from torture (mental, physical or both), inhumane or degrading treatment or punishment and deportation or extradition (being sent to another country to face criminal charges) if there is a real risk that they will face

Human Rights Act 1998 – Gives further legal status to the standards on Human Rights that was set out in 1948 with the Universal Declaration of Human Rights. This highlighted the principle that all humans have the same rights and should be treated equally. This act also sets out the rights of all individuals and allows individuals to take action against authorities when their rights are affected.

Based on analysis from these four cases, conclusions regarding the effectiveness of human rights policy will be discussed.

In relation to the Charter, my advice is that Josh’s conduct is not protected and the cancellation of his parole by the Adult Parole Board was not in breach of the Charter. Moreover, the conduct of Dianne and Cary is initially protected by the Charter however due to the limitations placed upon human rights it can be argued that Dianne and Cary’s conduct are indeed in breach. Additionally Victoria police in partner with AX6 are in breach of numerous rights set out in the Charter, which will be discussed in further detail.

The HRA makes a positive difference to people’s lives, and to the effective delivery of public services which focus on individual needs. Human rights by focusing on the needs of the individual, can help restore the power balance between the State and individuals. A human rights approach encourages participation by service users in service planning and delivery, increasing their autonomy, enhancing self-respect and building better relationships (Mitchell, 2008).

In Australia human rights have been honored and legislated in most sectors of society with the majority of the population living prosperous lives without much predicament. Moreover, the general populace has the ability to copiously exercise their human rights without opposition. Thus, Australia is well known for possessing one of the highest wellbeing rates in the world. However, this wasn’t, and arguably is still not the case for Indigenous Australians. Indigenous Australians have been statistically proven to fair much poorer in general wellbeing and thus their rights and freedoms (as the two are irrefutably intertwined) in comparison to their non-indigenous Australian counterparts. In regards to this, the content of this paper shall be

The Universal Declaration of Human Rights, envisaged and signed by 193 countries, accepts that every citizen in every country is entitled to every human right in the declaration. It is a matter of principle that such rights should be enforced with all the power invested in the government and in the justice system. We all deserve equal rights; yet in many countries, they are often flouted.

Section 3 of the Human Rights Act (HRA) 1998 provides that primary and subordinate legislation “must be read and given effect in a way which is compatible with Convention rights”. This provides judges the power to interpret and amend legislation so far as it is possible so that it is in accordance with Convention rights. There is no need for ambiguity in wording of the act to use section 3 and it does not affect the validity of the Act notwithstanding the Act being incompatible with Convention rights. There are limits on judges’ ability to use section 3 which restrict cases in which it can be used. First, section 3 cannot go against the grain of the fundamental purpose of the legislation in question. Second, judges can only go “so far as possible” when interpreting legislation. The means that judges are restrained by the plain words of the provision and cannot stray from it’s meaning so far as to completely amend it.

A duty of care arises at common law as long as the Caparo criteria is satisfied. This is applicable to public authorities in the regard that it is fair, just and reasonable to impose a duty upon them as they act for the collective welfare of society. Newtown Council is a local government authority exercising public function; it is therefore susceptible to liability. Furthermore, it is important to note that the introduction of the Human Rights Act 1998 has affected the law of negligence, a breach of duty that results in damage to the claimant. This area of law has shown to be problematic and has developed over the years as will be discussed subsequently.

The Human Rights Act ‘The Human Rights Act in its present form, besides failing to properly

This thus highlights that the event of the HRA being introduced into the UK constitution as a constitutional convention is necessary in the protection of human rights of its citizens. It is good to take note of the fact that the HRA, a fall out of the Human Rights Convention of 1953, was majorly enacted in order to enhance human life, as well as respect the inherent freedom of man. The essence of this act, and if truly the derogation of power through this act to the different arms of government compromises separation of power as well as the independence of the judiciary would be discussed in the course of this essay.

From the past, education has always been seen as a crucial aspect of our lives. In 1968, Durkheim stated that ‘society can survive only if there exists among its members a sufficient degree of homogeneity; education perpetuates and reinforces this homogeneity by fixing in the child, from the beginning, the essential similarities that collective life demands.’ Education has become even more indispensable as more instruments start to recognise the right to education. For instance, Article 2 of the First Protocol (A2P1) of the European Convention on Human Rights (ECHR) and Article 28(1) of the UN Convention on the Rights of the Child. This essay will assess the effect of the Human Rights Act 1998 (HRA 1998) in protecting the right to education in England. It is noted that the HRA 1998 provide a relatively limited protection as compared to the rest of the instruments. But looking in light of the proposed reform on HRA 1998, the current protection provided by the HRA 1998 has undeniably secured certain protections toward the children’s educational rights. Firstly, this essay looks into the scope of protections that are provided by the HRA 1998. Secondly, the effectiveness of A2P1. Thirdly, the influence of other conventions with regards to the right to education. Lastly, the essay will conclude by looking at the future reform of the HRA 1998.

This paper will offer insight on human rights and the part it plays in public administration. In addition, this paper will look at the potential ramifications that human rights writing may have for public administrators.

The supporting and advocating on behalf of human rights has been one of the primary principles of the United Nations. Since its founding in 1945, the United Nations has worked to preserve the basic human rights and fundamental freedoms it believes to be deserved of by every man, woman, and child on the planet. Throughout the near seventy years of the United Nations’ existence, it has been challenged with an array of questions, events, and claims regarding the possible violation of human rights. In order to combat these claims, the body has established two organizations to deal with matters of human rights. The first being the Commission Human Rights, was the original organization, founded in 1946. The Commission existed