HRA

• Human rights are considered to be

  • Absolute - can't be diminished
  • Universal - applies to all
  • Fundamental - can't be removed
• HRA problems

  • A negative right restrains other person's or gov by limiting their actions towards or against the right holder
  • A problem is that it's a piece of statue law so it's not entrenched
  • The HR can't be used to overturn primary legislation
• Right to life - Article 2

  • Everyone's right to life is protected by law
  • Exceptions in self defense you do not have to right to life if you cause a riot/insurrection
• Case - right to life - MCann and others Vs UK (1995)

  • The European court of Human rights found the UK violated article 2. There was excessive force used in killing members of the IRA without trying to arrest them
• No punishment without law - article 7

  • People found guilty of a criminal offence cannot have a heavier penalty imposed on them
  • No one can be found guilty for any act which at the time was commited was criminal
• Case - Article 7 - RV secretary of state for the home department

  • A man convicted of various sexual offences including rape was sentenced to 12 years
  • He argued he had a heavier penalty which the HOL disagreed with
  • HR law wouldn't only infringe if a sentence exceeded the maximum penalty available under law at the time of the offence
• Freedom from slavery and forced labour - article 4

  • No one shall be held in slavery or servitude
  • No one shall be forced or required to perform or compulsory labour
  • Exceptions - work done in detention, any service as a military character, in cade of emergency that threatens the community
• Case - Article 4 - Siliadin Vs France (2005)

  • 15 year old girl brought to France by someone who played for her but then confiscated her passport
  • The girl would then work until she paid the person back her air fare
  • She was then sent to another couple and forced to work 15 hour a day, 7 days a week with no pay
• Resolution of the Siliadin Vs France Case

  • Slavery and servitude were not specific criminal offences in France
  • The European court held that the girl had been kept in servitude.