Human Rights Act

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The Human Right Act 1998 is an act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.It’s aim is to “give further effect” in UK law to the right contained in the European Convention on Human Right. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to go to the European Court of Human Right in Strasbourg. It also totally abolished the death penalty in UK law although this was not required by the Convention in force for the UK at that time. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the Convention, unless the wording of an Act of Parliament means they have…show more content…
Such a Dectaration has no direct impact upon the continuing force of the legislation but it is likely to produce public pressure upon the government to remove the incompatibility. It also strengthens the case of a claimant armed with such a decision from the demostic courts in any subsequent appeal to Strasbourg. In order to provide swift compliance with the convention the Act allows Ministers to take remedial action to amend even offending primary legislation via subordinate legislation. Campbell V MGN ltd (2002) EWCA civ 1373,Naomi Campbell and Sara cox both sought to assert their right to privacy under the Act. Both cases were successful for the complainant (Campbell’s on the second attempt ;cox’s attempt was not judicially decided but an out of court settlement was reached before the issue could be tested in court) and an amendment to British law to incorporate a provision for prixacy is expected to be introduced. Venables and Thompson v News Group Newspapers (2001) 1 April ER908, the James Bulger murder case tested whether the Article 8(privacy) rights of Venables and Thomson, and the convicted murderers of Bulgers,applied when four newspapers sought to public their new identities and whereabouts, using their Article 10 rights of freedom of expression. Dame Butler-sloss granted permanent global injunction not to public the material because of the disastrous consequences such disclosure might have for the former convicts, not least the
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