War Against Terror and Human Rights

War Against Terror and Human Rights

The Human Rights Act 1998 took full legal effect across the English

and Welsh legal systems on October 2nd 1998. The Act, allows people to

claim a number of the rights and freedoms that are set out in the

European Convention on Human Rights. The Government had high hopes

that when the act was passed it would create a 'Culture of Human

Rights within the United Kingdom.'

The principal aim of the Human Rights Act 1998 was to give statutory

and formal protection in UK law to a set of clearly distinguishable

rights. It was also to allow people to claim their rights before their

own courts without having to take long drawn out and costly cases to

the European Court of Human Rights and to reinforce the idea and

objective that the United Kingdom possesses a legal system that

believes in the importance of its international obligations, as well

as protecting the freedom of individuals against unnecessary state

interference.

The Human Rights Act 1998 applies to all public authorities. It makes

it illegal for bodies like the Government and its departments, local

councils and authorities, and the police to violate the rights

contained in the European Convention on Human Rights.

The Human Rights Act cannot impose itself immediately or directly on

private individuals and companies unless they are performing a public

function. An example of this would be a private security firm looking

after or guarding prisoners for the police. In this case, the private

security firm would be bound by the Human Rights Act 1998.

Where there has been a breach of the European Convention of Human

Rights, or it is pro...

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...of Yazar v

Turkey (2003) shows that support of ideals in non violent ways is not

enough to justify violation of Article10.

This is due to the fact that whilst terrorist threats cannot be

encouraged or be seen to be supported by Governments, to blanket and

have complete authority over peoples views and whether they are

circulated in public would be just as detrimental to Democracy and

Human Rights as a concept and as a law.

It is important in an attempted culture of Human Rights that Democracy

realises it must be strong in the face of criticism if it is to

achieve its goals. If terrorists or related third parties remember

that along with Human Rights come Human Responsibilities and Democracy

can learn to cope with, rather than control opposing views, Human

Rights will not become a casualty in the War on Terrorism.