Human Rights

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Human rights refer to the natural or basic rights and freedoms to which all people are entitled to. Traditionally, the rights and freedoms of citizens were protected by an Act of Parliament or by the judges in developing the common law. Prior to World War II, the convention for the protection of human right and freedom was drafted in 1950s by the Council of Europe. It was drafted because of disgust with fascism and an anxiety to protect basic freedom. On 1953, it has developed to become an international treaty, which all 47 countries of the continent of Europe are bound by the European Convention of Human Rights and Fundamental Freedoms 1950, also known as ECHR. United Kingdom (UK) was one of the first countries to sign the Convention in November 1950. Although it entered into force in the UK on 3rd Sept 1953, UK chose not to incorporate its terms into domestic law. Therefore UK was only bound to ECHR on the matter of international law and not within the domestic legal system. During 1960s, there are few parties concerned had campaigned for the enactment for Human Rights Act in UK. These parties are the commentators and public interest groups. However, due to several criticisms and the reluctant of UK government to pass such legislation, the HRA did not enact until 1998. Though the convention did not incorporate into domestic law, UK did recognize the authority of European Court of Human Rights (ECtHR) to hear and adjudicate complaints from UK citizens. In 1997, the newly elected Labour Government promised to introduce a human right bill to Parliament. As a result, The Human Right Act 1998 received Royal Assent on 9 November 1998 and came into full effect in the UK on 2nd Oct 2000. For the past 20 years or so, UK governments ha... ... middle of paper ... of expression of a political party contravenes racial discrimination or the right to life of a foetus overrides the mother’s right and liberty. Some would argue that question which concern with political should not be answered by the judiciary but the politician. Otherwise, the judiciary will become politicized. Some academic argued that merely granting rights does not necessary means individual freedom and empowerments are secure. The right granted must supported by economic and social provision. Imbalance in power in society means that the powerful can take advantages on those who are less powerful. For example, equal payment of women in work may results the employers to recruit more of the male workers. Therefore, it might be that Britain Bill of rights is not as powerful as Human Rights Act 1998 to protect the individual freedom and rights. In summary,

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