The European Convention On Human Rights - 1492 Words

- Anything that is italicized needs to be rewritten The European Convention on Human Rights. Exactly what is it and what are its aims? Its an international treaty which only member States of the Council of Europe may sign. The Convention lays a basic groundwork of all rights and guarantees which the States have to be held to. These rights include the freedom of though, expression, conscience, religion, effective remedy, peace enjoyment of possessions, and the right to vote and to stand for election. However, there are some limitations within these rights that need mentioning: Qualified, Absolute and Limited Rights. Absolute rights refer to the prohibition torture and inhuman and degrading treatment (Article 3). The State can never withhold or take away these rights. Limited rights, such as the right to liberty (article 5) may be limited under explicit and finite circumstances. Qualified rights are those which require a balance between the rights of the individual and the needs of the wider community or state interest. These include th e right to respect for private and family life (article 8), to manifest one’s religion or beliefs (Article 9), expression (Article 10), freedom of assembly and associations (article 11), the right to peaceful enjoyment of property (protocol 1, article 1), and to some extent, the right to education (protocol 1 Article 2) The Council of Europe is a regional intergovernmental organization which promotes human rights, democracy, and in the rule ofShow MoreRelatedThe European Convention Of Human Rights1657 Words   |  7 PagesThe European Convention of Human Rights (ECHR) can be defined as an international agreement initiated within the Council of Europe, which was established in 1949 in Strasbourg in France in order to unify Europe after the Second World War (Harries et al., 2014; O Boyle, 2014). According to Donald et al., (2012), United Kingdom was among the first countries to adopt and has played an important role in ECHR creation at that time. In 1966, the petition and jurisdiction of UK’s citizens was voluntaryRead MoreThe European Convention On Human Rights1704 Words   |  7 PagesThe European Convention on Human Rights was drafted in 1950. The UK and other 47 states have signed up. It is based on a series of articles and each of them protects a basic human right, allowing people to liv e free and respected lives. All the signatory states have to respect the fundamental civil rights which include: the right to life (article 2); prohibition of torture(article 3); the prohibition of slavery and forced labour(article 4); the right to liberty and security(article 5); the rightRead MoreThe European Convention On Human Rights2782 Words   |  12 Pagesholocaust, where humans were exploited was seen by many. To prevent this from happening in the future, the European Countries had come together in order to devise a strategy. The outcome of this was that Council of Europe, was created in order to draft a European convention on Human Rights (ECHR) to safeguard human rights and the basic freedoms in Europe. Human Rights (HR) is considered to be a minimum legal protection and freedom to which every citizen is entitled by virtue of human beings. EachRead MoreThe European Convention Of Human Rights Act1490 Words   |  6 PagesThe European Convention of Human Rights (ECHR), outlines the various rights of citizens in European nations, giving explicit power to the European courts (ECtHR), as well as domestic courts, with regard to the violation of these rights in the member states of the European Union. One thing to note is that the ECHR cannot be enacted without referring to the Human Rights Act (HRA) of 1998, which was inspired by the Universal Declaration of Human Rights (UDHR) at Geneva in 1948. The aim of this essayRead MoreThe European Convention on Human Rights Act 1998968 Words   |  4 Pagesstatement The European Convention on Human Rights exists to guarantee legal protection to fundamental rights. It will examine how rights are protected in law and the way the UK approaches th e protection of these rights. Explanation will be made of the way that the UK addresses the implementation of the rights in the English legal system. Issues such as conflicting rights and legal limitations will also be considered. An evaluation will be made of whether or not The Human Rights Act 1998 protectsRead MoreSources Of Law And European Convention On Human Rights Essay1160 Words   |  5 Pages Starting with the fact that sources of law in Wales and England are similar, there are 4 sources of law, which are: Statute Law, Common Law, European Law and European Convention on Human Rights. First of all, Statute law is a written law passed by a legislature on the state of federal level. An example of it would be  «Theft Act 1968 ». It is the first and primary source of law and it is created by proposing a Bill in Parliament. After three readings of the bill in House of Commons and House of LordsRead MoreDefinition Of Media Freedom Of Expression Under Article 10 Of The Human Rights Act And The European Convention On1676 Words   |  7 PagesChapter 3 - Explanation of Media Freedom of Expression under Article 10 of the Human Rights Act and the European Convention on Human Rights On the 2nd October 2000, the Human Rights Act 1998 came into force as the most important privacy statute to further strengthen the UK domestic law by affording the rights introduced by the European Convention on Human Rights. The HRA 1998 have been introduced with a wide and comprehensive scope as it applies to most domestic public authorities and bodies including:Read MoreThe European Convention On Human Rights1978 Words   |  8 PagesWith a number of recent high profile court rulings and a major new Regulation in the works, data privacy has become a cause cà ©là ¨bre within the European Union (EU). The size and connectivity of the European market means that shifts in its regulatory framework ripple with major consequences for global business. The EU’s latest attempts to legislate in this area are a consequence of shortcomings in the design and implementation of the existing system of data collection, retention and safeguarding.Read MoreChallenges Facing The European Convention On Human Rights1820 Words   |  8 Pagescitizenship enabling migration and cultural clashes, whilst also looking at the statute that enables free movement of goods and people, resulting in mass immigration and the Eu ropean Convention on Human Rights. This paper will evaluate EU principles that affect the UK constitution, such as the European Convention on Human Rights, the Costa v ENEL (1964) CMLR 425 case being evidence proving that the EU will face challenges concerning its law being more superior than national law, Van Gend en loos (1963)Read MoreChallenges Facing The European Convention On Human Rights1823 Words   |  8 Pagescitizenship enabling migration and cultural clashes, whilst also looking at the statute that enables free movement of goods and people, resulting in mass immigration and the European Convention on Human Rights. This paper will evaluate EU principles that affect the UK constitution, such as the European Convention on Human Rights, the Costa v ENEL (1964) CMLR 425 case being evidence proving that the EU will face challenges concerning its law being more superior than national law, Van Gend en loos (1963)