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European Convention of Human Rights and UK law - Essay Example
The concept of human rights is by no means of recent vintage. It is used primarily to define relationships between the citizens and the State, by constituting a check on the awesome power of the State and by enabling human beings to flourish to their fullest potential free from oppression, strife, hunger and discrimination…
The various conflicts and revolutions in the world have shaped the concept of human rights as we know it. In the last two hundred and fifty years, we see the clamour for human rights as the clamour of a world and of the various peoples inside it for equality and freedom. The European Convention on Human Rights was crafted with the end in view of promoting and preserving these rights.
In the ECHR, the writer has chosen Articles 10, which pertains to Freedom of Expression. It While the right to free speech and assembly is a crystallized principle that has been place almost since the beginning of time, enjoying a cherished position in the bill of rights of virtually all civilized legal systems, the interpretation of what constitutes free and protected speech still has yet to be perfectly refined. This provision has been invoked many times over in the course of history, whether within the European Union or outside, successfully and unsuccessfully; and Courts have had many opportunities to set standards and devise guidelines to determine if the speech in question should be protected or not. It becomes more difficult when the right to free speech competes with another principle, for example, the principle of public order. ...