Why Is Human Rights Important?

Human rights are rights granted upon every idiosyncharatic human being regardless of his / her nationality , place of residence , sex , national or ethnic origin , colour , religion , language , or any other related status.We are entirely and totally entitled to human rights without any discrimination and all these rights would be interdependent and indivisible.Amnesty International in its report published in 2004 has quoted the following ; “Governments are losing their moral compass , sacrificing the global values of human rights in a blind pursuit of security.This failure of leadership is a dangerous concession to armed groups”. ( Amnesty International Report . 2004 / www.amnestyinternational.org ). Canada , San Marino and Norway rank amongst

Article 5 of the convention speaks that everyone has the right to liberty and security of person wherein no one should be deprived of his liberty save in certain circumstances stated in the sub articles to 5(1).This long and intricate Article has provided platform for many challenges on behalf of persons detained and is in many cases linked to Article 6 ( presumed innocent until proven guilty in accordance to law).The first requirement to be met in relation to the above said Article 5 is that where a person is deprived of his liberty , the deprivation must be in consequence of a lawful detention.In Weeks v United Kingdom (1987) , the issue that was raised under Article 5(1)(a) was whether the revocation of a life licence deprives a person of his liberty without the conviction of a court of law.In the case mentioned above , the applicant had been sentenced to life imprisonment but , after ten years , was released on licence.The Home Secretary revoked the licence after Weeks had failed to stay out of trouble , however , the Court held that the original sentence was passed in the knowledge that the Home Secretary enjoyed a discretion as to the liberty of prisoners under sentence and that accordingly , there was a sufficient link between the original sentence passed , the granting of a licence , and the revocation of the licence.Article 5(1) was also violated in the case of Johnson v United Kingdom (1996).In this case , the applicant had been convicted of a number of assaults and , having been found to be suffering from mental illness within the Mental Health Act 1983 , was in 1984 ordered to be detained indefinitely.In 1989 , the Mental Health Review Tribunal decided that the applicant was no longer suffering from mental illness.However , since no suitable accommodation for the applicant could be found , he was detained until 1993.That detention violated the requirements of lawful detention.The question that arises primarily in this Article is if the detention of