The Human Rights Act 1998

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 main difference between the HRA and the ECHR is that the former is the domestic legislation and the latter is an international

Countries such as Australia and People’s Republic of China owe a duty to their citizens to uphold basic human rights outlined in such treaties as International Covenant on Civil and Political Rights 1976 (United Nations,1948) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1987. Article 2 of the treaty has been accepted by Australia and China which states that each State party should take legislative, administrative and judicial measures to prevent torture within the States jurisdiction. Wang claims he was tortured whilst within the Chinese prison and that the Australian consulate-general was aware of his torture. All articles apart from article 20 and paragraph 1 of article 30 of the

Human rights were initiated for the protection of the basic civil and political liberties in the general public. In the United Kingdom the Human Rights Act of 1998 came into force in October 2000. The aim of the HRA in the UK was to provide further legal effect to the basic rights and freedoms contained in the European Convention of Human Rights. The rights contained in the HRA not only affect essential matters of life and death, but also issues that occur in people's daily life. Considering the broad range of basic rights covered, it is not astonishing that the HRA is viewed as one of the most significant segments of legislation ever passed in the UK.

All around the world, each country individually focuses on approaching freedom in different ways. Communist countries such as China, would have a different way of approaching freedom in contrast to Australia. Being ruled by a parliamentary system, Australia achieves freedom through democracy whereas the freedom of China is influenced by The Communist Party of China. Due to these different approaches, this affects both countries freedom of speech, freedom of Education, and freedom of assembly and association.

The United Nation’s Declaration of Human Rights was commissioned in December 1948 by the UN General Assembly in an attempt to create a standard which is common to all people regardless of “race, sex, nationality, ethnicity, language, religion or any other status”. It is the United Nations responsibility to ensure that the participating countries follow these articles set forth by the assembly and to ensure that these rights are not being desecrated. The term "Human Rights" is best described by the United Nations as "Human rights are the rights to be born free, the right to life, the right to equality, the right to freedom, the right to assembly and the right to own property which is inherent to all human beings”. However, this statute by the

Sensitive issues like taking an alleged offender on 'remand, ' 'extra-judicial kill-ings ' through cross-fire or 'death in cus-tody ' have become a source of concern for those who are interested in the upholding of human rights and due process of law. Controversy has also been generated be-cause of less than clear answers from those in charge of maintenance of law and order in the ministry of home affairs.

Over the years there have been many changes to how we view ‘human rights’. The United Nations of Human Rights define human rights as “rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status”(OHCHR 2015). The developments in human rights have lead to the introduction of new legislations and policies which aim to protect human rights. This change can be seen in the ‘100 national constitutions which now explicitly protect human rights’ (Neyroud and Beckley 2001, p. 53). The Queensland Police Service is just one example of a service group that works to ensure that these human rights are applied to everyone. This can be seen in their organisational

The response to the much conspicuous question that many philosophers cross-examine encompassing the Human Rights Act, remains ambiguous and divergent. 'Do we have more rights than before? ' Seems to be key topic in todays society and although the framework provided by the Police and Criminal Evidence Act (1984) and subsequently the safeguards provided by the legislation on liberty for subjects/citizens, the effectiveness of the safeguards in terms of police power and of arrest, detention, interrogation and the handling of police complaints remains under considerable telescopic scrutiny. While the accepted definition for 'powers of arrest ' clearly states that ' 'the powers of arrest are not something to be abused by the police or by a public citizen and are powers that should only be used responsibly ' ', in the opinion of Tony Benn and Andrew Hoods (1993), authority rests with self-serving elites amd tje omdividua;s liberties envisaged by philosophers auch as Tom Paine are far from ensrhined. In fact, Tony Benn goes as far as to say that in Britain, we are in fact 'subjects ' rather than citizens. If Britain were to ever become a fairer democracy, Benn believed that that a radical and democratic ovehaul of the system is essential. While the British constitution promotes the intention of treating citizens as 'freemen ' (or women) as well as adverstise the purpose of the states existance as a mechanism to serve the citizen aas well as embody the aggregate of the

Over the last 20 years there has been a concerted effort by the government to erode our civil liberties and infringe upon our most fundamental human rights. Whether it be “paternalistic” state snooping authorised by the Home Secretary Theresa May, closed courts and “secret justice,” the seizure of travel documents, reintroduction of exile as a punitive measure or restrictions placed on individuals through Terrorism Prevention and Investigatory Measures, legislation has noticeably become more draconian in the UK to the detriment of western liberal ideals. Nevertheless, even in the most liberal democracy there is a need for common sense. As such, pragmatists acknowledge some erosion of freedom maybe a necessity to ensure greater protection

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 Incorporation of the Human Right Act into British Law The Human Rights Act came in force in 2000 and has been successful in UK. This is because after a year Michael Beloff QC pointed out in The Times that 15% of the cases brought in the high court with Human Rights Act implication had been successful. The Act has the effect of in cooperating the European convention on Human Rights into British law. The home secretary Jack Straw said “these are the new rights for the new millennium.

We should learn to accept people for who they are, what they believe in, their cultures and lifestyle choices. We should also accept individuals as unique persons by treating them with respect and dignity; by identifying their needs and preferences. Without these, it may lead to labelling or name calling and derogatory remarks. Victims of domestic violence in refugee and ethno-cultural communities which are not mainstream, often face additional challenges and barriers in escaping the domestic violence they are experiencing. Religion plays a vital role in that factor. Everybody has the right to worship whichever way they want to worship. Human Right Act, 1998. Vulnerable people have the right to privacy and protection from harm. Invasion of privacy is also an issue in residential homes where some staff members do not knock before entering a resident’s room.

In spite of the fact that there is much controversy when regarding human rights and the degree to which the authorities are determined to get actively involved in stopping significant crimes from being committed, its components basically remained the same. The European Court of Human Rights has the authority to determine the outcome of a trial involving a violation of human rights and all judges coming across such a case need to take into consideration the court's decision.

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.