The Human Rights Act 1998

1790 Words8 Pages
RIGHTS TO SAFE HAVEN
The Human Rights Act 1998 (HRA) was passed in 1998 and brought into action in 2000 so that each citizen has a testimony of rights for their safety. The HRA was accepted in british law in order to give better effects to the European Convention of Human Rights (ECHR) and this is represented in S.1 of the HRA. Two effects of the HRA is the time given and the cost, as the citizen would had to take the case to Strasbourg court in France. ECHR was created because of the causes which occurred in the world war II, for example, the tolerance violence and gas chambers which was used to kill innocent citizens which to be specific is called as the Holocaust, so to prevent the abuse which the citizens received, the ECHR was brought
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This essay will be advising and explaining remedies for Charlie, Sanya and The Rights to Safe Haven (RSF). By looking at the scenario, Charlie, Sanya and RSF can use HRA to encounter actions which was met by Bruddersfield police. This is shown when the police infringed and violated many articles of HRA which caused serious harm to the pressure group.
Charlie was in custody for 3 months with no grant of trial. For this situation, Charlie can state there has been a violated action towards her Human Rights. Particularly under Article 6(1) The Right to a Fair Trial suggests “...everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.” The police have not obtained a fair trial upon Charlie as she has not been given the chance to assess court for a judicial proceeding even though 3 months have passed. On that account Charlie can argue she has not been “entitled to a fair and public hearing” as she has lost a big period of her time in custody which turns out being unfair. Adding to this argument, the grant of no trial surpassed the ”reasonable time” limit as 3 months cannot be “reasonable” and clearly shows she has been in custody for some time. A trial is fair when the trial is given within the “reasonable time” but if not then
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