Impact Of The Human Rights Act 1998

Human Rights Act 1998 – is an Act that gives legal effect in the UK to certain fundamental rights and freedoms contained in

The workplace is a delicate environment filled with different personalities types. These differing needs of feeling safe and comfortable create many challenges in the workplace. The creation of the Human Resource Department has helped create a safety net for all employees to fall under and create a stable environment for employees to feel safe and secure. Regulations such as Equal Employment Opportunity Commission and the Department of Labor have in some ways removed the common sense and compassion in the workplace and replaced it with litigation. The effect of these regulations have balanced the workplace and created a more

Human Rights Act 1998 - The Human Rights Act means that residents of the United Kingdom will now be able to seek help from the courts if they believe that their human rights have been infringed.

Human rights act 1998 – specifies and enforces the rights of individuals and if these

The social composition of the judiciary doesn’t matter, judiciary operates under parliament. Parliament is under control

Both statutory interpretation and the Human Rights Act are a doctrine of precedent by which law is changed and justice is served. The doctrine of precedent is an essential principle of English legal system, which is a form of reasoning, interpreting and decision making formed by case law. It suggests that precedents not only have persuasive authority but must also be shadowed when similar situations arise. Any rule or principle declared by a higher court must be followed in future cases. In short the courts and tribunals are bound within prearranged restrictions by prior decisions of other superior courts. All the judges are also obliged to follow the set-up precedents established by prior decisions which is called Stare decisis. Making decisions according to precedent helps achieve two objectives. Initially it aids to maintain a system of stable laws which gives predictability to the law and affords a degree of safety for individual rights. Moreover, it ensures that the law progresses only in accordance with the developing perceptions of the community. Therefore, it more accurately mirrors the morals and prospects of the community that we live in.

The charter binds Public Authorities to act in a way that is compatible with human rights. However, crucial to interpreting the effectiveness of this obligation affecting legislation, is the definition of what a Public Authority is. Since the charter is constructed to affect legislation, it is tempting to misinterpret “Public Authority” to mean actors with Legislative or Jurisdictive power. However, the provided definition specifically excludes:

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

‘Article 14 Discrimination’ (bbc.co.uk). This tells us that no one has a right to discriminate against anyone for any reason including race, colour, religion, sex and many other reasons. ‘Protocol 1 article 1’ (bbc.co.uk). This is a right to your possessions everyone is entitled to their possessions. ‘Protocol 1 Article 2’ (bbc.co.uk) this is a right to an education, no one should be deprived of their education. ‘Protocol 1 Article 3’ (bbc.co.uk). This is the right to vote, everyone has the right to vote with the freedom of their expression.

The human’s rights act is very useful within the UK because it lays down the law about what rights we have. It

The Human Rights Act applies to everyone within the country as it makes sure everyone is treated the same but it could be in different ways. This act allows students to have freedom of thought and religion. People are allowed to have and voice their own opinions but they have to take into consideration not everyone believes the same and they may disagree with their opinion. It helps people to become their own individual and to express themselves in a healthy way. This act also allows everyone to have the right to further and higher education within their own county.

HRP gives other functional areas information and allows the business to plan for the future by looking at the businesses objectives and making sure that the business can adapt to changes when they happen i.e. employing new staff and making sure that training is provided. This can help them to avoid things like to little or to many staff and develop new training programmes if employees seem lacking in the skills needed for the job. HRP allows the business to take more time when making decisions, which means that any actions that they take will be better planned and thought through.

The reform of the Human Rights Act can illustrate that the constitutional reform did not go far enough. In 1998, the Blair government announced that the citizens ' rights would be safeguarded and strengthened through incorporating the European Convention on Human Rights into UK law. However, this created a problem as the UK now has two sets of rights – those built up under Common Law and those in the Human Rights Act. These two sets of rights may conflict and, in addition, cases can be taken using these rights to both the UK Supreme Court and the European Court of Human Rights (which is the supreme court for the European Convention on Human Rights). The UK judiciary is divided on how to resolve this issue.

The human rights system has been created by both top-down and bottom-up dynamics, by the relationship between the global and the local. Discuss.

The European Convention of Human Rights (ECHR) can be defined as an international agreement initiated within the Council of Europe, which was established in 1949 in Strasbourg in France in order to unify Europe after the Second World War (Harries et al., 2014; O 'Boyle, 2014). According to Donald et al., (2012), United Kingdom was among the first countries to adopt and has played an important role in ECHR creation at that time. In 1966, the petition and jurisdiction of UK’s citizens was voluntary and individuals was able to take a case and jurisdictions to the ECtHR in Strasbourg. Latterly, in 1998 this process become compulsory for all countries that are members of the (ECHR). Since that time, European countries has become covered under this agreement as a form of legal system in the unify area.