Human Rights Act 1998

The Human Rights Act 1998 (c42) is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECtHR) in Strasbourg.

In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the Convention, unless the wording of any other primary legislation provides no other choice. It also requires the judiciary (including tribunals) to take account of any decisions, judgment or opinion of the European Court of Human Rights, and to interpret legislation, as far as possible, in a way which is compatible with Convention rights. However, if it is not possible to interpret an Act of Parliament so as to make it compatible with the Convention, the judges are not allowed to override it. All they can do is issue a declaration of incompatibility. This declaration does not affect the validity of the Act of Parliament: in that way, the Human Rights Act seeks to maintain the principle of Parliamentary sovereignty (see: Constitution of the United Kingdom). However, judges may strike down secondary legislation. Under the Act, individuals retain the right to sue in the Strasbourg court.

Human Rights Act

Human Rights Act may refer to:

Australia

Canada

Ireland

New Zealand

United Kingdom

United States

See also

Human Rights Act 2004

The Human Rights Act 2004 is an Act of the Australian Capital Territory Legislative Assembly that recognises the fundamental human rights of individuals. It was the first of its kind in Australia, however Victoria has since passed the Victorian Charter of Human Rights and Responsibilities and the Human Rights Consultation is currently deliberating on whether the federal government should adopt a human rights act.

The Act established an Australian Capital Territory Human Rights Commissioner. It also empowers the ACT Supreme Court to declare on compliance of legislation.

The Act was amended in 2005 by the Human Rights Commission Legislation Amendment Act 2005

See also

External links

Human rights

Human rights are moral principles or norms, that describe certain standards of human behavior, and are regularly protected as legal rights in municipal and international law. They are commonly understood as inalienable fundamental rights "to which a person is inherently entitled simply because she or he is a human being," and which are "inherent in all human beings" regardless of their nation, location, language, religion, ethnic origin or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They require empathy and the rule of law and impose an obligation on persons to respect the human rights of others. They should not be taken away except as a result of due process based on specific circumstances; for example, human rights may include freedom from unlawful imprisonment, torture, and execution.

Human rights in East Asia

The situation of human rights in East Asia varies between the region's countries, which differ in history and political orientation, as well as between contexts within each country.

See the following for more details on each country:

See also

Human Rights (journal)

Human Rights was an abolitionist and anti-slavery journal founded by noted American abolitionist Lewis Tappan.

References