Introduction To Human Rights - GDL English Legal System

Introduction to human rights

• Most democratic countries have a written Bill of Rights.

  • Britain is unusual among democratic countries in having, to date, neither a Bill of Rights nor a written constitution.

  • In this country, our rights and freedoms are traditionally considered to be protected by a presumption that we are free to do whatever is not specifically forbidden either by legislation or by the common law.

  • A significant change in the British position was made by the Human Rights Act 1998, which makes the European Convention on Human Rights (ECHR) part of the law of the UK.

• The Uuropean convention on Human rights

  • The ECHR was drawn up by the Council of Europe, which was established after the Second World War.

  • A special court, known as the European Court of Human Rights, was set up to deal with claims concerning breaches of the ECHR.

• The Human rights act 1998

  • The Convention is now applicable directly in the UK courts under s. 7 of the Human Rights Act.

  • Under s. 2 of the Act, the domestic judiciary ‘must take into account’ any relevant Strasbourg jurisprudence, although they are not bound by it.

  • The UK courts are required to interpret all legislation in a way which is compatible with Convention rights ‘so far as it is possible to do so’ (s. 3).

  • It is unlawful for public authorities to act in a way which is incompatible with Convention rights (s. 6).

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