The rules and theory of human rights law The European Convention on Human Rights

Objectives Discuss the European Convention on Human rights and the various Articles. Explain the role of the European Court of Human Rights. Explain the impact of the Human Rights Act on our human rights. Critically evaluate the Human Rights Act, suggest reforms and consider the need for a Bill of Rights.

European Convention on Human Rights ECHR drawn up by Council of Europe -signed in Rome in 1950 - ( Council now has 45 members) – UK signed in 1951- ratified in 1953 The Convention contains rights known as Articles What rights do you think are in the convention? In pairs / groups list them , there are 18 in total

European Convention on Human Rights Article 1 – Introductory. Article 2 – Right to life. Article 3 – Right not to be subjected to torture or inhumane or degrading treatment.

European Convention on Human Rights Article 4 – Right not to be held in slavery. Article 5 – Right to liberty. Article 6 – Right to a fair trial .

European Convention on Human Rights Article 7 – Laws should not act retrospectively Article 8 – Right to privacy Article 9 – Right to freedom of religion

European Convention on Human Rights Article 10 - Right to freedom of expression. Article 11 - Right to peaceful protest. Article 12 - Right to marry and have a family. Article 13 - The country (in our case the UK) must have a court system where the person complaining about a breach of rights can have their case heard. Article 14 – The rights in the Convention are enjoyed free from discrimination.

European Convention on Human Rights New rights were added later (1952) in Protocol 1, these include: Article 1 - Right to peaceful enjoyment of your possessions Article 2 - Right to education Article 3 - Right to vote Protocol 6 - Abolition of the death penalty

European Convention on Human Rights Who can you enforce your rights against? You can enforce the rights in the Convention ONLY AGAINST PUBLIC BODIES. What does this include? Government departments Courts Education authorities Councils Prisons Police NHS etc

European Convention on Human Rights Very important to note that you SUE (Civil law) for a breach of human rights, you are seeking compensation or other remedy.

European Convention on Human Rights There are three categories of human rights: Absolute Limited Qualified Research which rights fall within each category.

European Convention on Human Rights 1951 – European Court of Human Rights set up –The Court has heard many cases brought against the UK, can you think of any? – If not research some. Some examples are: Malone v UK Pretty v UK Goodwin v UK D v UK

European Convention on Human Rights How has the Human Rights Act affected how our rights are protected? Sections 2, 3, 4, 6 & 7 are of particular importance. Before the Human Rights Act taking a case to Strasbourg could take up to 6 years. The Convention rights now incorporated into the Human Rights Act, therefore we can take a case directly to our own courts – an appeal to the European Court is still possible as a last resort.

European Convention on Human Rights Important cases to note: Donoghue v Poplar Housing & Regeneration Community Association Ltd (2001). Douglas V Hello (2001). Wilson v First County trust (2003). Procurator Fiscal v Brown (2000). A and Z and others v Secretary of State for the Home Department (2004). Re JJ ( control orders ) (2006). Ali v Head Teacher and Governors of Lord Grey School (2006).

European Convention on Human Rights The main problem with the Human Rights Act is that it is not ENTRENCHED – this means it is not permanent, any new government could scrap it. We have no entrenched laws in this country, unlike America that has a Bill of Rights.

Evaluation of the Act In small groups research /discuss the advantages & disadvantages of the Human Rights Act 1998. Consider recent publicity surrounding the Act and comments from both Labour and Conservative leaders – David Cameron wants to scrap it. Should we scrap the Human Rights Act?

The Need for a Bill of Rights? UK and Israel do not have a Bill of Rights – does that matter? America ,China, Iraq, South Africa, Most of Europe does. What do you think of China and Iraq having a Bill of Rights? Advantages to a Bill of Rights. Disadvantages to a Bill of Rights. Do you think that the Human Rights Act has given greater protection to people against breaches of Human Rights?

Useful websites www.echr.coe.int/echr - website of the European Court of Human Rights