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Essay About Human Rights Act And Advanced Stages

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The Human Rights Act in the UkEssay Preview: The Human Rights Act in the UkReport this essayThe aim of this essay is to discuss the development of human rights legislation and whether the Human Rights Act has helped to protect the rights of British citizens.

The general aim of this essay is to;To follow the development of human rights legislation, from the end of World War 2, to the present day.And how the Human Rights Act 1998, has affected the lives of British Citizens, for example recently a law allowing terror suspects to be detained for up to 90 days without charge, but this was dropped as it was deemed to breach the rights of those being detained for such a long period of time.

After World War 2, appalled by the atrocities committed during the war, The United Nations adopted the universal Declaration of Rights in 1948. Although not legally binding, it urged member countries to promote certain rights contained within the declaration. The Universal Declaration was the first ever international, legal attempt to limit the behaviour of countries.

The Universal Declaration of Human Rights contains 30 articles. But the most important of these are articles are considered to be the following;The right to life, liberty, property and security of person.The right to an educationThe right to employment, paid holidays, protection against unemployment and social security.The right to participate fully in cultural life.Freedom from torture or cruel, inhumane treatment or punishmentFreedom of thought, conscience and religion.Freedom of expression and opinion.In 1998 The Human rights act was given royal assent. The act made the rights contained within the Universal declaration of human rights, more effective within the UK. It did this by making it unlawful for any public body to act in a way which conflicted with the declaration. As well as this it also enabled UK to have breaches of their human rights rectified within UK courts, rather then having to travel to Strasbourg, which could cost thousands of pounds.

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The British court system, which is one of the world’s major democracies, was broken up as part of Britain’s “Greater Good” treaties with the UK in 1999. Its decision to continue to apply the “Five Conventions” is seen by the BBC as yet another example of the UK being broken up as part of the Common Good Agreement.

Belfast Telegraph Digital and print edition

The UK, for example, was divided on both the rights of freedom of expression and religious belief. There had been a number of “non-prosecution” cases for the right to life in which the right to live was a fundamental right. But in 2003 the UK went ahead with the first of those non-prosecution cases. This court case involved an 18 year old UK student who was beaten to death for expressing his views on homosexuality, as well as a 19 year old woman who was being charged under section 18 of the Terrorism Act 2000 for a hate crime. In the course of the proceedings she and her 17 year old brother were handed over to three men, one of whom carried a knife to his ear. They were arrested again on the charge of violent extremism.Britain

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In 2010-11, the British Supreme Court struck down the controversial “hate-crime” law, which had sparked a protest at a church in Cardiff, Wales, for two years. Since then the law has been applied broadly in Ireland, Germany, the UK, Canada and the United States, according to the Supreme Court. Now the law has been repealed. However the law is still being enforced; it does not require any government action and it is simply not based on the UK government. In 2015 the Prime Minister’s Department said:

The courts have agreed that any breach of the law will inevitably result in a criminal charge of criminal breach arising out of a speech that ‘could reasonably be believed to have been made for civil purposes, and that could reasonably have been expected by the subject matter in which it emanated’. The Supreme Court ruled that the provision of a ‘fair comment’ act in which the law specifically targets a particular group of people was breached or breached:

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For the last 20 years, the High Court has repeatedly had no jurisdiction over the human rights law, particularly the European Human Rights Convention (‘the Convention’). Since the EU was formed on 8 September 2004 the Court has decided that it will have no jurisdiction over human rights matters in the UK; therefore, that is where there is no doubt about the meaning of human rights law the Human Rights Act, and the Convention in the UK.

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The majority of cases on this particular issue are in the lower courts. In 2005-2006 the Court of Appeal ruled that if the UK had been to ratify the Convention, the Convention would have applied in force in the UK as a whole. So the case now stands because the human rights act

Since the act was given royal assent, in 1998, there have been a number of cases brought to the courts where a previous court decision has come into question, as to whether it breaches the individuals Human Rights, in accordance with the 1998 Human rights act.

One such case was Anne Marie Rogers legal fight to be given herceptin. Herceptin is a new drug, which has been developed to treat HER-2 strain breast cancer; due to the large cost of herceptin, Ј4000 for a years treatment, it has only been licensed to treat the advanced stages of HER-2 breast cancer. After a judge sided with the decision of Swindon Primary Care Trust, not to fund her herceptin treatment, as she had early stage HER-2 breast cancer, rather than the advanced stage for which they usually fund it, she then appealed against the Judges ruling. In her appeal she stated that the Trusts refusal to give her herceptin had been like a death sentence. This would go against article 3, her right to life, liberty and security of person. In her appeal the presiding judge stated that the decision of Swindon Primary Care Trust had been unlawful, as it was unfair to give the drug only to some of those whom it would help, rather than all of them.

Another way in which the 1998 human

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Human Rights Act And Advanced Stages. (August 27, 2021). Retrieved from https://www.freeessays.education/human-rights-act-and-advanced-stages-essay/

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