Critically analyze the impact of the Human Rights Act 1998
It is an Act which gives more effect to rights and freedom which is running by the European convention on it. It is an Act made by the parliament of United Kingdom. This Act has been given the fully support and assent to be used from the 9th of November 1998 but fortunately it is forced to used on 2nd October 2000.From this date the usage of this Human Rights Act 1998 got increased compared from when it got assent to be used. All the United Kingdom law which contained in the European convention on Human Rights are involved in the Act.
The European Convention on Human Rights- After Second World War, the Council of Europe started the ECHR , to prevent such horrors happening
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Each article addresses a different law. These are all taken from the ECHR and are commonly called "the Convention rights
Article 2: Right to life 1. The right of everyone to life is protected by law. No one can be deprived of his life intentionally save in execution of a sentence of a court following his conviction of a crime for which the penalty prescribed by law.2. Death should not be regarded as inflicted in contravention of this article when it occurs as a result of the use of force, which is more than necessary Example case - Pretty v United Kingdom [2002]
Article 3: Freedom from torture and inhuman or degrading treatment As expected, the government should not inflict such treatment on you. They must also be protected if someone treats you that way. If they know that this right is violated, they should intervene to stop it. The State should also investigate credible allegations of such treatment. Example case - Chahal v United Kingdom
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You have the right to personal liberty. This means that you should not be imprisoned or detained without a valid reason. If you are arrested, the Law on Human Rights states that you are entitled to: be told in a language that you understand why he has been arrested and face charges that be brought to justice without delay bail (provisional release while continuing the trial), subject to certain conditions have a trial within a reasonable time go to court to challenge their detention if you think it is illegal, and if compensation was illegally detained.
Article 6: Right to a fair trial which he is charged with a crime and has to go to court, or a public authority makes a decision that has an impact on their civil rights or obligations. In this context, civil rights and obligations are recognized in the areas of UK law, including the right to property, the law of planning, family law, contract law and labor law. It's a good idea to get more tips if you think that the right to a fair and public trial could apply to you. Example case-DG v Secretary of State for Work and Pensions (ESA)