The Human Rights Act of 1998 Essay

The Human Rights Act of 1998 Essay

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The Human Rights Act of 1998 came into power in October 2000, and it represent an honourable epitome of ethical and moral ideologies. As for any idealistic expectations, one must query the effectiveness of the Human Rights Act of 1998 at meeting all its aims in the context of aiding, safeguarding and supporting those in need of assistances from the Social Services in the UK.
The objective of this essay is to appraise at the HRA 1998, in terms of its enactment, application, practicability, and commitment to its principles. Furthermore, one will critically analyse the importance of the aforementioned act from a social worker’s perspective. One believes that the social workers must be familiar with the British law system and The Human Rights Act of 1998 and its capability of upholding and safeguarding the human rights. Furthermore, the social workers must know how to apply the aforementioned act as a tool for the betterment of their practice and the service users whom they represent.
The history of the European Convention of Human Rights
The Human Rights Act of 1998 was co-founded upon the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. Developed following the ending of the Second World War, European Convention on Human Rights (ECHR) was constructed to further the idealistic principles and endeavours of equality among all human beings, as well as a devout declaration of preventing the reoccurrence of the holocaust and massacres which have occurred as a casus belli . ECHR comprises civil privileges and liberties fundamental to all human beings irrespective of race, gender, age, sexual orientation exclusive of discrimination. The UK government have promptly endorsed the ECHR, recognising the need of ...


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...and inquiries. Harlow: Pearson Longman.
LONG, L., ROCHE, J. and STRINGER, D., 2010. The law and social work: contemporary issues for practice. Basingstoke: Palgrave Macmillan.
LORDE, A. and WALKER, A., 1996. The Audre Lorde compendium essays, speeches and journals. London: Pandora.
MANLIUS, J., 1563. Loci Communes.
MICHAELSEN, C., THE RENAISSANCE OF NON-REFOULEMENT? THE OTHMAN (ABU QATADA) DECISION OF THE EUROPEAN COURT OF HUMAN RIGHTS. .
TRAVERS, M., 2010. Understanding law and society. Abingdon: Routledge.
WHITE, R., BROADBENT, G. and BROWN, K., 2009. Law and the social work practitioner: a manual for practice. Exeter England]: Learning Matters.
WILL AND MAR SESS, 1689. The Bill of Rights 1689 : An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown. CHAPTER 2 edn. London: The Stationery Office.



















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