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Analysis of Human rights Act 1998 - Essay Example

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Analysis of Human rights Act 1998

To abide the above said aims and to appease the people who are hankering for unity and unanimity, the Act incorporates some provisions which extends some rights to the people to enjoy these unity .These provisions give the so called conventional rights to the people from the all area includes offenders, suspects etc. But the question is how far these rights enjoyable to these offenders particularly for suspects whose status is neither in the culprit's nor in the normal persons. The question is whether their rights are being protected aptly or not is a crucial question before the Law.
As said above the suspects also enjoy the benefits of the different provisions which meant for the well being of the society. Article 2 of the Act provides everyone present in UK has the right of life and no one can de be deprived of their life, including
those such as suspected terrorists or violent criminals. Moreover Article 3 gives the suspects a right to freedom from torturing, inhumane or degrading treatment. It further says that even in times of war or other public emergency, a person has the right not to be treated in these ways .It is a also applicable to the suspects.
By sticking to the individual fre...
As said above the suspects also enjoy the benefits of the different provisions which meant for the well being of the society. Article 2 of the Act provides everyone present in UK has the right of life and no one can de be deprived of their life, including
those such as suspected terrorists or violent criminals. Moreover Article 3 gives the suspects a right to freedom from torturing, inhumane or degrading treatment. It further says that even in times of war or other public emergency, a person has the right not to be treated in these ways .It is a also applicable to the suspects.

By sticking to the individual freedom of living own life ,the Act empowers the persons to live in personal privacy taking into the account of rights and freedom of the others and also limits on the extent to which a public authority can do thing which invade your privacy about your body without your permission. The point is well explained in Law Vs R (2) and it was held that the principal purpose of s 8 of the charter was to protect an accused's privacy interests against unreasonable intrusion by the state. In the instant case, the mere fact that the police recovered the stolen property was insufficient to support an inference that the owners voluntarily relinquished their expectation of privacy in the item and the Court confirmed that the officer's conduct constituted an unreasonable search. It followed that there was a violation of s 8 of the charter.

Moreover referring the principle 21 of the Body of the principles on detention, which envisages the well being of the suspects who is in detention by prohibiting undue advantage ...Show more

Summary

Human rights Act 1998(1) gives the people a clear legal statement of their basic rights and fundamental freedoms. The key principles of the Act are that whatever possible that should be compatible with the conventional rights. The Human rights Act ensures that all the public authority should do every thing which is compatible with convetional rights unless an Act of Parliament makes that impossible…
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Analysis of Human rights Act 1998 essay example
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