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Public Law (European Convention on Human Rights): The Rights of Detainess - Essay Example

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Title Page Public Law (European Convention on Human Rights): The Rights of Detainees This paper is aimed at critically reviewing the extent to which it can be considered that the English Courts have upheld the responsibility within the European Convention on Human Rights to treat people with dignity and respect…
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Public Law (European Convention on Human Rights): The Rights of Detainess
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Public Law (European Convention on Human Rights): The Rights of Detainess

The executive has often been entangled in serious allegations vis-a-vis the detainee rights and after 9/11 Terror Attacks, the legal system of the western countries like UK and USA has often come under close scrutiny and criticism by conservatives, liberals, immigrants and human rights activists. However, despite the criticisms, the human rights protection legislation framework in UK has reasonably protected the rights of the detainees and in the 21st century, the English Courts have considerably upheld the issue of human rights in a sensible way. The first point of argument is that the situation of the rights of detainees in UK is much better at least after the enactment of the Human Rights Act1. Unswerving incorporation of the European Convention directives into the English statutory instruments appears to have led to a constructive and effective justice system in the country. Although the inclusion of the European Convention on Human Rights2 in the human rights legislation of UK could have given rise to a continued dilemma between domestic and international law enforcement, things like that did not occur. The Convention provides much flexible yet practical ways to orchestrate its provisions with the domestic laws. For example, in the case of Ocalan v Turkey (2005), Article 33 of the Convention was applied to deter the overly harsh judgement of the Turkish State Security Court.4 Thus the Convention has been looked upon as a force to protect the detainees from unfair treatment even in the face of stricter domestic laws and prejudices of the local courts.5 And in UK, the situation appears to be appreciably healthier. There are two reasons behind such a conclusion. Firstly, the Human Rights Act in UK has been highly orchestrated with the Convention. According to Donnelly, Britain’s pronouncement in 1997 to integrate the European Convention almost directly into the British Law has been a remarkable example of interpenetration of international and national human rights concepts. Secondly, the Human Rights Act6 has formed a strong framework of justice and law enforcement in technical conjugation with the legislations like Equality Act7, Criminal Justice Act8, Sex Discrimination Act9, etc. The rights of the detainees are closely associated with the status they have and treatment they receive in the course of detention. In spite of the superfluity of international regulations regarding this area of law enforcement, satisfactory prison conditions collinear with the internationally acknowledged standards have not yet been achieved even in the developed countries like UK. “First, the fact of lawful imprisonment itself might lead to a re-evaluation of the standards expected in prisons and the acceptability of certain practices such as social isolation, which outside the context of imprisonment might be regarded as inhuman and degrading. Secondly, and related to the first issue, adjudicative bodies might take into consideration the dangerousness of the offender and the need to guarantee prison order and public safety in assessing whether international standards have been violated.”10 Hence, the issue of basic human rights is needed to be reflected on in order to simplify the legal debacles regarding detainees’ rights. According to Owers, in Britain, the juridical safeguard of the prisoners' rights, by the means of ... Read More
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