The European Convention on Human Rights Act 1998

968 WordsJun 23, 20184 Pages
The aim of this essay is to critically evaluate the statement 'The European Convention on Human Rights exists to guarantee legal protection to fundamental rights'. It will examine how rights are protected in law and the way the UK approaches the protection of these rights. Explanation will be made of the way that the UK addresses the implementation of the rights in the English legal system. Issues such as conflicting rights and legal limitations will also be considered. An evaluation will be made of whether or not The Human Rights Act 1998 protects the fundamental rights of UK citizens as contained in the European Convention on Human Rights. Before the Human Rights Act 1998 was passed by parliament it had been considered unnecessary…show more content…
Under this procedure judges will decide whether or not the public authority has infringed the rights of the person affected and has therefore acted illegally. People can only bring cases against public authorities. Cases cannot be brought against privately funded organisations or individuals. However, because the Act has affected the way that judges are interpreting and developing existing laws the Act can also affect both individuals and private organisations. Clearly though, there will be situations that will arise where the rights contained within the Act will be in conflict between individuals and authorities or organisations. For example, Article 11: Freedom of association and assembly. This Article protects the right to peaceful protest and demonstration. In some circumstances this may interfere with the rights that are protected under Article 8: The right to respect for private and family life. This could occur when the activities of an individual are being protested against outside of their home. An example of this would be when animal rights organisations stage demonstrations outside of the homes of scientists who work in laboratories which use live animals in experiments. Additionally, there are limitations to some of the rights contained within the Act. These are known as 'qualified' rights and in some circumstances these rights can be breached. Article 10:
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