In conclusion, theECHR has impacted many people and protected their rights. I believe it is apositive factor to the UK Law system and promotes justice for the people. The courts were given a lot of power than before to hold thegovernment due to the Human Right Act 1998. Judges can now make rightsenforceable in the UK courts rather than previously travelling to Strasbourg.
Judgescan also now make a declaration of incompatibility. A declaration ofincompatibility is a statement unconstrained by judges in the United Kingdom inwhich they reflect the terms of a law, or act of a public authority. Parliament issovereign therefore courts can’t strike out law, there must be a vote, due tothis influence people were also given a sense of power, it is relevant thatpeople can now argue articles of the Human rights act in UK courts which theycouldn’t do before. Another case where the UK laws have been exaggerated is the caseof Abu Qatada (2012) who was granted asylum in the UK after being tortured inhis native country Jordan. What happened was that he was given lifeimprisonment in his country, so the UK preferably wanted to exile him, but theproblems were that the indication used to provoke him were brought aboutthrough torture and that there was a high serious risk that he would betortured once returning to his country.
They could not deport him because itwould be a violation of the European Convention of Human Rights: Article 3.More so, in the caseof R(RH) V MHRT, North and East London Region 2001 is about a man who isschizophrenic and was in a mental hospital, where he is placed in imprisonment.The law argued that he can only be discharged if he can prove he is ‘of soundmind’ but it is almost dreadful for him to do so when he has been placed inconfinement in such a condition. The judges argued that it is not fair-mindedfor a man to prove his health to come out to be allowed back into civilization.
They argued that it should be ”those in charge who should distinguish that thepatient may cause a threat to themselves or those around them”. The ECHR acknowledged that thisviolated the Human Rights Article 5, that it is inappropriate for the patientto prove the threat of his own symptom. This leads to an altering in a result,the law changed to give mentally ill patients great protection of their humanrights, including the right not be confined with burden on them to prove theirsanity.
The impact thatthe ECHR has on the UK judicial system in the result of law changing can beseen in many significant cases. For example, the ‘Dudgeon vs. United Kingdom(1981)’, the defences were banned in Northern Ireland by the penalty ofimprison as an accusation of male homosexual of their sexual activities. TheECHR stated that his right to respect for private life had been violated andwas the first time the ECHR protected Gay Rights. As a result, Northern Irelandlegalised male homosexual acts, and this led to a decision to change in law inthe Republic of Ireland ever since.
The ECHR has had a huge impact on thecourts in the UK and has affected the UK Human Right Laws. The ECHR wanted theban lifted on prisoner voting. Bestowing to the guardian (October 2017), the ban on prisoners’ votingwas challenged by John Hirst, who successfully won a case in the ECHR inStrasbourg. With the appeal that a ban on voting wascontrary to article 3, which guarantees the right to free elections. In 2005, the ECHR finally declared that the ban on prisonersparticipating in elections violated human rights and should be illegal. due tothis it has been noted that short-term prisoners may finally be permitted tovote in elections.
The European Court of Human Rights is a lawful bodysafeguarding the rights which are protected in the European Convention on HumanRights for everyone under the authority. There has been a court opened since 1stNovember 1998 which is in Strasbourg (France). The most vital and key rightscontained in the ECHR is Article 2: ‘The right to life’, which is the mostfundamental right cherished in the ECHR; implies that nobody – including thegovernment – have the ability or right to end your life. Everyone should becomfortable enough to believe and trust their government and that everyone isprotected by the law.
The government should take suitable procedures tosafeguard people’s life. Alternatively, another key right is Article 3: ”Prohibition of torture” this protects you from torture both mentally or physically it also protects you from exile.Article 4:’Prohibition of slavery and forced labour’, is considered important becausemany places, no exception to the UK, are controlled domestic work forces,prostitution, and illegal drug cartels. This act means that a person is not entitlingto enslaved or made to work against their will. Article 6: ‘Right to a fair trial’, This means that a person isentitled to a fair trial and to legal defence if accused of a crime he or sheis innocent until proven guilty; everyone has a right to turn to their lawyers.
Lastly, Article 10: ‘Freedom ofExpression’, which means that somewhat any one is entitled to theiropinions. Free speech is vital to life in a democratic civilisation. The freespeech may be the result of the incredibly changes in legal practise.Opposing tothis, The European Convention on Human Rights (ECHR) 1950 was created by theCouncil of Europe. The Council of Europe was created just after the SecondWorld War to protect human rights and to encourage free democracy throughout thewhole of Europe. The mostcrucial violation acts towards human rights occurred during that time.
Theyadditionally done this to stop a repetition of the Second World War and to notever allow the genocide or holocaust to occur again.A written constitution is a recognized documentoutlining the nature of the constitutional settlement, the guidelines thatgovern the political system and the rights of citizens and governments in anordered form. Many countries have a written constitution for example: Americahave the bill of rights. A billof rights, sometimes also called a declaration whichis essentially a list of the most important rights to the people of that specific country. The UK’sconstitution is not written in a document but, originates from many sourcesthat are part written and part unwritten, including conventions, Acts ofParliament, the common law, and The EU law.An example of the bill of rights is Amendment 1 which is “Congress shall make no lawrespecting an establishment The Freedom of Religion, and Freedom of Speech”, this means that Congress cannot make a law which insolencesan establishment of religion orprohibits the practice of it, nor can they condense the freedom of speech. TheU.
S. Constitution is protected from alteration due to temporary opinion by the amendment process called the ‘entrenchment’,and this makes certain amendments either more tough or impossible to permit. Whereas,The UK parliament, needs 51% majority in the Parliament to dispose of the Act,such as the Human Rights, as its constitution is not entrenched. The EuropeanConvention of Human Rights was designed by The Council of Europe after the Second World War in 1950 to protect human rights and the rule of law andto promote democracy across the whole of Europe. It has over 40parties, including the UK.
Some of the human rights are: the right to life,freedom from slavery and forced labour, the right to liberty, freedom ofexpression, the right to an education and the right to participate in freeelections. At any time if anyone believed that their rights and freedoms werebeing breached, they have the right to bring those cases to the court to findtheir right.