Human Rights Law

Paper Summary:

The paper reviews the history of the Council of Europe and The Convention for the Protection of Human Rights and Fundamental Freedoms, commonly known as the ECHR (European Convention on Human Rights). The paper analyzes the history of human rights in the UK beginning with the Magna Carta of the 13th century, and continuing into the 20th century, when legislation was developed to coordinate British law with the original ECHR of 1949 and its subsequent charters and protocols expanding European protections of civil rights. The paper reviews various sections of the ECHR and compares them to English Common Law and provisions of the UK's Human Rights Act of 1998. The paper discusses the difference between non-derogable rights and derogated rights, citing several relevant sections of the ECHR. It also examines several points of the ECHR and considers their acceptability under UK law. In conclusion, the paper finds that the ECHR laws are quite complex and that new British legislation only furthers the dissonance with their applicability to the UK.

Table of Contents:
Introduction
Analysis
Conclusion
Bibliography

From the Paper:

"The Council for Europe had been originally established at the end of the Second World War and had an objective of the protection of Europe against totalitarianism and atrocities that were witnessed during the war. This council had the convention as a treaty within the actions it took. (European Convention on Human Rights) The United Kingdom was one of the founder members of this convention and also involved in the design of the law. It was also one of the first countries to approve the treaty. It has also appeals to be made to the European Commission for Human Rights since 1966. The influence of the Convention has been growing in the UK during the past ten years as the European Court of Human Rights are now taking quicker action about the appeals that are being made to it. (The European Convention on Human Rights)"

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