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Topic: Human Rights Act (1998)

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Human rights in the United Kingdom

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Scotland Act 1998

Factortame case

	One Country
		LONDON — Although recognized as a fundamental human right by nearly every nation, the freedom of religion or belief is woefully under-enforced by many governments and deserves more attention, said participants at a recent Parliamentary seminar here.
		Although it has often been relegated to second-class status among human rights concerns, the issue of freedom of religion or belief today stands at the center of many of our most pressing global challenges.
		Human Rights, the UN and the Bahá'ís in Iran -- by Nazila Ghanea -- The coming of the new millennium has also brought a surprising upsurge in religious feeling around the world.
	www.onecountry.org /listhr.html (1351 words)

	Human Rights Act 1998 - Wikipedia, the free encyclopedia
		The Human Rights Act 1998 is a United Kingdom Act of Parliament which received Royal Assent on November 9, 1998, and came into force on October 2, 2000.
		The death penalty for treason was abolished by the Crime and Disorder Act 1998.
		The James Bulger murder case tested whether the Home Secretary, a politician, was the right person to have the final say on the length of life sentences, or whether this infringed the perpertrators' right to a fair trial.
	en.wikipedia.org /wiki/Human_Rights_Act_1998 (1505 words)

	The Impact of the Human Rights Act 1998 on Medical Decision Making
		Human Rights Act is relevant to health care providers since it regulates the relationship between individuals and public authorities.
		Before the Human Rights Act was implemented, it was speculated that the common law position permitting the withdrawal of artificial nutrition and hydration from patients in pvs may be inconsistent with those patients' right to life.
		Human Rights Act allows judges to look at both the decision-making process and the merits of the decision (R-v-Ministry of Defence, ex p Smith [1996] Q.B. 517.) Therefore doctors' decisions are likely to be open to greater scrutiny and must be more transparent and properly recorded.
	www.cirp.org /library/legal/BMA-human-rights (7168 words)

	human rights - Hutchinson encyclopedia article about human rights
		Under the terms of the United Nations Charter human rights violations by countries have become its proper concern, although the implementation of this obligation is hampered by Article 2 (7) of the charter prohibiting interference in domestic affairs.
		The Universal Declaration of Human Rights, passed by the General Assembly on 10 December 1948, is based on a belief in the inherent (natural) rights, equality, and freedom of human beings, and sets out in 28 articles the fundamental freedoms – civil, political, economic – to be promoted.
		In 1966 two covenants on human rights were agreed: one on civil and political rights, and one on social and economic rights.
	encyclopedia.farlex.com /human+rights (785 words)

	World Law: United Kingdom
		The 1998 Act is a vitally important piece of constitutional legislation and a significant step-forward in the protection of human rights within the United Kingdom.
		Probably the most significant section of the Human Rights Act 1998 is section 6(1) which states that "it is unlawful for a public authority to act in a way which is incompatible with a convention right." This section ensures that all public authorities are bound by the European Convention.
		The Act states that English Law must be interpreted as if the intention of the legislators was to pass law in compliance with the Human Rights Act.
	jurist.law.pitt.edu /world/ukcor3.htm (5028 words)

	Background and content of the human rights act 1998 (Site not responding. Last check: 2007-10-29)
		UK citizens were, therefore, in the position of having to pursue rights, which the State endorsed, in an external forum rather than through their own court system; and, in addition, having to exhaust the domestic judicial procedure before they could gain access to that external forum.
		However, the Act was in force before that date in Scotland as consequence of the devolution legislation, the Scotland Act, which specifically applied the provisions of the Human Rights Act to the Scottish Parliament and Executive.
		The new Act, however, reflects a significant move towards the entrenchment of rights recognised under the Convention, but given the sensitivity of the relationship between the elected Parliament and the un-elected judiciary, it has been thought expedient to minimise the change in the constitutional relationship of Parliament and the judiciary.
	www.accaglobal.com /publications/studentaccountant/35699 (2070 words)

	IJNL Vol 4 Iss 1: Charity, Politics and the Human Rights Act 1998: Chasing a Red Herring?
		Important as this consequence of the enactment of the HRA 1998 is for charities and for charity law, this paper concentrates instead on certain aspects of the eligibility of organisations for charitable status rather than on the implications of any public functions that they may perform.
		Paradoxically whilst the political disqualification rule is predominantly a creature of the common law, a key element in the underlying rationale of the rule is to be found in the relationship between the legislative function of parliament and the role of the courts.
		Under the Human Rights Act 1998, s6 (1) it is unlawful for a public authority to act in a way which is incompatible with a Convention right and ‘a public authority’ includes ‘any person certain of whose functions are functions of a public nature’ (s 6(2)(b)).
	www.icnl.org /JOURNAL/vol4iss1/moffatt.htm (2009 words)

	Human Rights Act 1998
		The Human Rights Act 1998 was given effect on 02 October 2000 and is designed to give effect in the UK to the European Convention for the Protection of Human Rights and Fundamental Freedoms.
		Protocols The right to property, the right to education, the right to free and fair elections and the abolition of the death penalty in peacetime.
		The right to privacy is also likely to have implications for employers in terms of obligatory medical examinations and the use of medical reports and there may very well be challenges on for instance the random drug and alcohol testing of employees in non safety related occupations.
	www.tssa.org.uk /article-46.php3?id_article=960 (2110 words)

	IJNL Vol 4 Iss 1: Charity, Politics and the Human Rights Act 1998: Chasing a Red Herring?
		The principal formal purpose of the Human Rights Act 1998 is to ‘incorporate’ into UK law - some might prefer the terms ‘embrace’ or ‘transform’ - most of the substantive provisions of the European Convention on Human Rights.
		Technically the Act does not incorporate the Convention fully since under s 3(2)(b) primary legislation of the UK parliament will prevail in domestic courts over the Convention rights where the two are incompatible.
		It is true that they are directed under HRA 1998, s 2 to ‘take into account’ the judgments, decisions, opinions and declarations of the several existing Human Rights bodies at Strasbourg, but our courts are not bound to follow that jurisprudence.
	www.icnl.org /journal/vol4iss1/moffatt2.htm (1137 words)

	BBC News \| UK \| Human Rights: The European Convention
		A common misconception is that the European Convention on Human Rights and its institutions have been thrust upon an unwilling UK as part of the wider European project.
		The Human Rights Act 1998 was designed to deal with this situation and allow the British people to seek redress within their own courts.
		The human rights commission was originally set up to receive a complaint from any individual group of individuals or non-governmental organisation which claimed that it had been the victim in a breach of a particular element or elements of the convention.
	news.bbc.co.uk /1/hi/uk/948143.stm (600 words)

	Human Rights Act 1998 - Civil Proceedings
		The Human Rights Act came into force on 2nd October 2000 and incorporates into UK law certain rights and freedoms set out in the European Convention on Human Rights.
		A right to a fair trial within a reasonable time and by an independent and impartial tribunal / court, is likely to be one of the most asserted rights in the civil courts.
		Article 6 also guarantees a right to be given reasons for a court decision and a right to have decisions made within a reasonable time.
	www.compactlaw.co.uk /tiscali/smcf17.html (366 words)

	Human Rights Act - Wikipedia, the free encyclopedia
		A Human Rights Act is a piece of legislation that sets out individual rights and freedoms under law.
		Many countries have similar rights enshrined into law - the countries with this naming convention tend to be Commonwealth countries.
		This is a disambiguation page: a list of articles associated with the same title.
	en.wikipedia.org /wiki/Human_Rights_Act (132 words)

	BBC News \| UK \| Human Rights Act: A social revolution?
		Under the Act, judges have the power to rule against the workings of a "public authority" or go further and make a "declaration of incompatibility" if they conclude that primary legislation breaches one of the basic rights.
		In the human rights campaigns community, there are some who say the Act did not go far enough.
		But the Act's supporters say that Article 13's omission, coupled with the "declaration of incompatibility" procedure, will foster national debate instead of reducing the most important human rights cases to a battle for supremacy between the judiciary and Parliament.
	news.bbc.co.uk /hi/english/uk/newsid_949000/949078.stm (1340 words)

	Human Rights Act 1998 - Family Proceedings
		Any interference in these rights must be in accordance with the law, be necessary, for a legitimate aim and proportionate, i.e.
		The European Court of Human Rights has also recognised that the protection of family life includes the right to separate as well as protecting such rights as contact to a child.
		If a party in family proceedings wishes to rely on a provision of the Human Rights Act they must specify in their application, answer, petition or other originating document, precise details of the Convention rights they allege have been infringed.
	www.compactlaw.co.uk /free_legal_articles/hra2.html (289 words)

	Circumcision After the Human Rights Act 1998
		Human Rights Act could result in the extension of the assault provisions in the Offences Against the Person Act, and the Children and Young Persons Act 1933 to cover circumcision of infants with parental consent.
		The right to private life includes rights to physical and moral integrity of the person, prohibiting minor infringments on physical autonomy such as the taking of blood and urine samples.
		Human Rights Act 1998 may provide a route by which these different models of the individual compete more explicitly.
	www.cirp.org /library/legal/edge1 (6167 words)

	ASIL Insight: UK Human Rights Act
		The Human Rights Act 1998 of the United Kingdom (the "Act"), went into full force and effect on 2 October 2000.
		This event represents the first time human rights guarantees in the UK have been codified in a single document.
		Prior to the Act, challenges for Convention non-compliance had to be brought to the European Court of Human Rights in Strasbourg.
	www.asil.org /insights/insigh71.htm (490 words)

	Law - Oxford University Press - Blackstone's Guide to the Human Rights Act 1998 (3/e): Wadham (Site not responding. Last check: 2007-10-29)
		Challenges to the human rights compatibility of primary legislation have led to the amendment of Acts of Parliament (for instance the Mental Health Act).
		The right to life has been used to improve coroners' inquests but has not been held to grant a right to die.
		The competing rights of privacy and freedom of expression have been instrumental in determining cases where celebrities have tried to prevent newspapers publishing stories about them.
	www.oup.co.uk /isbn/0-19-925453-2?view=lawview (704 words)

	ipedia.com: Human Rights Act 1998 Article (Site not responding. Last check: 2007-10-29)
		The Human Rights Act 1998 is a British Act of Parliament enacting parts of the European Convention on Human Rights into, and force compatibility with, British law, which received Royal Assent on Novem...
		The Human Rights Act 1998 is a British Act of Parliament enacting parts of the European Convention on Human Rights into, and force compatibility with, British law, which received Royal Assent on November 9, 1998, and came into force on October 1, 2000.
		The act specifies that an individual "victim", not a pressure group or similar organisation, must bring a case to court.
	www.ipedia.com /human_rights_act_1998.html (593 words)

	Human Rights Act for Australia
		While we often associate human rights with lawyers, the 15 case studies show how family members, user-led support groups and the service users themselves can use this legislation to achieve successful outcomes, without recourse to lawyers and courts.
		A social worker from a domestic violence team at a local authority used human rights language to secure accommodation from the housing department for a woman and her children at risk of serious harm from a violent ex-partner.
		The rights invoked in this case were the right of the woman and her children not to be treated in an inhuman and degrading way and, given the extreme risk in this case, their right to life.
	www.humanrightsact.com.au (873 words)

	Your Rights: The Liberty Guide to Human Rights
		This website aims to provide an easily understood guide to the Human Rights Act 1998, explaining its relevance and impact in many different areas of law ranging from rights of privacy to rights of peaceful protest.
		Your Rights is written by expert lawyers, but intended primarily for people who have no specialist legal knowledge.
		Liberty is an independent human rights organisation - we are not overseen or regulated by a representative or umbrella body.
	www.yourrights.org.uk (104 words)

	Human Rights Watch: Arms
		Human Rights Watch urged the UN Security Council during its current deliberations on Somalia to include a strong civilian protection mandate in any peacekeeping mission.
		Human Rights Watch has devoted an extraordinary amount of time and energy to the CCW for more than a dozen years.
		Human Rights Watch is urging all nations to support the new Norwegian-led initiative to conclude in 2008 an international treaty prohibiting cluster munitions that cause unacceptable harm to civilians.
	www.hrw.org /doc/?t=arms (1552 words)

	Department for Constitutional Affairs - People's Rights
		9 May 2007: Responsibility for the Human Rights Act and the development of human rights policy has passed from the Department for Constitutional Affairs to the Ministry of Justice.
		We are not responsible for enforcing the Act and cannot investigate alleged human rights violations.
		If you want information about how to deal with a breach of your rights under the Act or on bringing a human rights case to court, you must contact a solicitor or other legal advisor.
	www.dca.gov.uk /peoples-rights/human-rights/index.htm (178 words)

	European Convention on Human Rights and its Five Protocols
		The European Court of Human Rights shall consist of a number of judges equal to that of the Members of the Council of Europe.
		The members of the Commission and of the Court shall be entitled, during the discharge of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the agreements made thereunder.
		The rights set forth in paragraph 1 may also be subject, in particular areas, to restrictions imposes in accordance with law and justified by the public interest in a democratic society.
	www.hri.org /docs/ECHR50.html (6536 words)

	Amazon.com: The Human Rights Act 1998 What it Means: The Incorporation of the European Convention on the Humans Rights ... (Site not responding. Last check: 2007-10-29)
		Amazon.com: The Human Rights Act 1998 What it Means: The Incorporation of the European Convention on the Humans Rights in the Legal Order of the United Kingdom : An...
		The Human Rights Act 1998 What it Means: The Incorporation of the European Convention on the Humans Rights in the Legal Order of the United Kingdom : An...
		In 1950, eight European states signed the European Convention on Human Rights (ECHR), a treaty that codified numerous human rights and established procedures for individuals to seek relief from governmental human rights abuses.
	www.amazon.com /exec/obidos/tg/detail/-/B000B9D4XA?v=glance (353 words)

	Human Rights Act 1998 (Site not responding. Last check: 2007-10-29)
		Where such a person is detained under the said Article 9 or 10 he may be detained for up to 48 hours on the authority of an examining officer and thereafter, where the Secretary of State extends the detention period, for up to a further five days.
		In its judgment of 29 November 1988 in the Case of Brogan and Others, the European Court of Human Rights held that there had been a violation of Article 5(3) in respect of each of the applicants, all of whom had been detained under Section 12 of the 1984 Act.
		To the extent that the exercise of these powers may be inconsistent with the obligations imposed by the Convention the Government has availed itself of the right of derogation conferred by Article 15(1) of the Convention and will continue to do so until further notice.
	www.beagle.org.uk /hra/80042--h.htm (551 words)

	Amazon.co.uk: Healthcare Law: Impact of the Human Rights Act 1998: Books (Site not responding. Last check: 2007-10-29)
		The passing of the Human Rights Act 1998 and the European Convention on Human Rights and Biomedicine put the icing on a good decade for the development of healthcare rights.
		The Act will require judges to interpret all law, except express legislative provision, in so far as possible, in a manner consistent with the rights laid down in it (these being drawn from the European Convention on Human Rights.
		With many issues still to be resolved,the Human Rights Act has brought considerable uncertainty with respect to healthcare law.
	www.amazon.co.uk /exec/obidos/ASIN/1859416705 (435 words)

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