The Human Rights Act

The Human Rights Act

The Human Rights Act 1998 incorporates into domestic law the ECHR to

which the UK has been committed since 1951. The Act modernises

relationships between people and the State.

The Act has brought huge responsibilities across the UK and one such

responsibility is with regards to Article 2(the protection of the

right to life) & Article 3(No one shall be subjected to torture or to

inhuman or degrading treatment). Article 2 & 3 imposes on the State

positive obligations in that the securing of certain conventional

rights can only be achieved by State action to regulate certain types

of conduct.

Article 2 is one of the 'most fundamental provisions in the

Convention' as it 'not only safeguards the right to life but sets out

the circumstances when the deprivation of life may be justified.'[1]

The State's obligation is not confined to the duty to refrain from

unlawful killing and to investigate suspicious deaths; it also extends

to the State to take steps to prevent the avoidable loss of life.

In LCB v. UK, for the first time the Court recognised that Article

2(1) not only refrains the State from the intentional and unlawful

taking of life, but also imposes a duty on the State to take

appropriate stops to safeguard the lives of individuals within the

jurisdiction. The Court was prepared to examine, an application

regarding circumstances that did not result from use of force by the

agents of the State. The applicant had developed leukaemia, which she

claimed was because of her father being exposed to radiation whilst

serving in the military, claiming that the absence of information and

monitoring of her heal...

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... [3] X v. FRG app., 1984.

[4] X v. UK (1978)14 DR 31.

[5] A national Health Service Trust v. D & Ors (2000) TLR 19/7/2000.

[6] 'Judge confirms patient's right to die'. The Guardian, 7th October

2000.

[7] LCB v. UK Appl. No. 234113/94(1998), The Times, 15 June 1998.

[8] NHS Trust A. NHS Trust A v M and NHS Trust B v H [2001].

[9] (App. 33394/96), Judgment of 10th July 2001.

[10] Tanko v. Finland, 1994.

[11] D v UK [1997] 24 EHRR 423.

[12] See footnote 5.

[13] Herczegfalvy v Austria (1992) 15 EHRR 437.

[14] X v FRG (1984) 7 EHRR CD 152.

[15] X v Germany.

[16] East African Asians v. UK, 1981.

[17] Hurtado v Switzerland (1994).

[18] See the A v UK judgment of 23rd September, 1998.

[19] Al-Adsari v UK.

[20] Osman case.

[21] Like in the case of Akkoac v Turkey.