Human Rights Act Flashcards
Human Rights Act 1998
state obligation to provide individuals with basic needs of human life
History
-united nations formed after WW2
-council of Europe
-ECHR drawn up and signed in Rome 1950
Art 1
rights respected
Art 2
life
Art 3
freedom from torture
Art 4
slavery
Art 5
liberty
Art 6
Fair Trail
Art 7
Retrospective law
Art 8
private life
Art 9
conscience and religion
Art 10
freedom of expression
Art 11
associations
Art 12
marriage and family
Art 13
effective remedy
Art 14
Discrimination
Absolute
cant restrict in any circumstance
Art 2 Art 6
Limited
come with exceptions, can be lawfully restricted
Art 5
Qualified
restricted in order to protect rights of other people, public interest
Art 8 Art 10 Art 11
Enforce Rights
Enforce your rights in the convention only against public bodies
Advantages of HR 1998
-access to rights
-conformity
-avoids conflicts between UK and international
-run for 30yrs
Disadvantages of HR 1998
-not entrenched
-too little judicial power
-only foreseeable against state not private
Reform
Equality and HR Commission 2007
-Conservative Party wanted to scrape Human Rights from 2010 to 2015
Bill of Rights Advantages
-control on executives
-increase power of judiciary
-entrenched
-new rights
-no ECHR influence
Bill of Rights Disadvantages
-no ECHR influence
-margin of appreciation
-unnecessary
-undemocratic
-inflexible
-uncertainty
