Friday, 9 August 2019

To what extent has a Human Rights Act transformed the protection of Essay

To what extent has a Human Rights Act transformed the protection of the idividual rights in the UK - Essay Example The European Convention on Human Rights which was formed in the year 1950 has been an international agreement, which has kept the UK bound by the ECHR. The UK adopted and integrated the ECHR in its national legislation, and operates in compliance with the provisions of the ECHR. As such, the ECHR protects the fundamental civil and political rights of all citizens of the European Union1. The UK enacted the Human Rights Act in the year 2000 and adapted the provisions of the ECHR in it. The courts in the UK have to respect the human rights laid down by the act. In the absence of a written constitution, the Human Rights Act protects the fundamental rights and civil liberties. The underlying objective of this Act is to comply with the rights provided by the ECHR, wherever possible. Therefore, the Human Rights Act strengthens the scope of the ECHR rights. The Human Rights Act strives hard to protect the fundamental rights of all citizens of the UK. The act ensures that an individual’s rights do not interfere with the rights of other individuals. On the other hand, the interests of the community should be treated as a whole. The ECHR also considered this aspect while drafting the Convention rights. Articles 8 to 11 of the ECHR provide that the community’s interests are protected. The first part of these Articles established the rights and the second part dea ls with the limitations of these rights2. The English courts have to follow the decisions of the European Court of Human Rights and interpret them in the cases coming before them. The Human Rights Act ensures that the Parliament invariably takes into account, while proposing legislation, that balance is maintained between individual’s rights and the interests of the community. Furthermore, the Human Rights Act also requires the English courts to comply with the legislation enacted by Parliament. It permits the High Courts or the Supreme Court to disallow any law that is in

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