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Has anyone who isn't a criminal ever used the human rights act?


Bazj
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As the title says.....

 

The home secretary has recently spouted a lot of good ideas with regards to this criminals charter.... but are there any instances where it has been used by a victim against a criminal or any other examples where someone has used the HR act for none criminal gain?

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Which part do you have a problem with Baz

 

Here it is

 

 

- Article 2: Right to life

- Article 3: Prohibition of torture

- Article 4: Prohibition of slavery and forced labour

- Article 5: Right to liberty and security

- Article 6: Right to a fair trial

- Article 7: No punishment without law

- Article 8: Right to respect for private and family life

- Article 9: Freedom of thought, conscience and religion

- Article 10: Freedom of expression

- Article 11: Freedom of assembly and association

- Article 12: Right to marry

- Article 14: Prohibition of discrimination

- Protocol No. 1

- Article 1 : Protection of property

- Article 2 : Right to education

- Article 3 : Right to free elections

- Protocol No. 6

- Article 1 : Abolition of the death penalty

- Article 2 : Death penalty in time of war

 

 

There is nothing contentious in the Act, however all the Act does is enshrine the European Convention on Human Rights into English law, the purpose being to prevent the need for people to take the UK to the European Court of Human Rights, by making sure our law complies with the Convention anyway.

 

The Tories say they plan to repeal the Human Rights Act 1998, but we would still be a signatory to the Convention (since 1950), and so effectively this will still be part of our law.

 

btw, the Convention of Human Rights is NOTHING to do with the EU, and we signed it (indeed we drafted it) almost 25 years BEFORE we joined the EU/EEC. The Convention is the work of the Council of Europe, an institution which is NOT connected with the EU. Many countries are members of the council, without being a member of the EU.

 

It should also not be confused with the UN document, the Universal Declaration of Human Rights.

 

Also, no claimant can take a signatory nation to the European Court of Human Rights until all legal options in that country have been exhausted. To the UK this means that a claimant must go all the way to Supreme Court, or previously the House of Lords, to seek a ruling which complies with the Conventions, before he can ask the ECHR for a decision. A decision from the ECHR means that the member state must change its national law to comply with the ruling, and the ruling applies to all members.

 

Just a bit of info to mull over aswell :wink:

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Which part do you have a problem with Baz

 

 

 

- Article 2: Right to life - (all well and good unless you have taken someones life in an act of murder )

- Article 3: Prohibition of torture

- Article 4: Prohibition of slavery and forced labour

- Article 5: Right to liberty and security..... liberty is fine (unless you are a criminal)

- Article 6: Right to a fair trial

- Article 7: No punishment without law (Depends if the law is an ass or not - unfortunately time and time again in the UK, we see that it is....)

- Article 8: Right to respect for private and family life (providing you have not done any criminal act which takes that right from someone else...ie. murder etc.)

- Article 9: Freedom of thought, conscience and religion

- Article 10: Freedom of expression

- Article 11: Freedom of assembly and association

- Article 12: Right to marry (except for convenience purposes in order to fight extradition)

- Article 14: Prohibition of discrimination

- Protocol No. 1

- Article 1 : Protection of property (this is good because a homeowner can now give out justice to burglars....)

- Article 2 : Right to education (Most teenagers don't seem to want to take this one up unfortunately)

- Article 3 : Right to free elections (Is there ever such a thing?)

- Protocol No. 6

- Article 1 : Abolition of the death penalty (And we wonder why the crime rate continues to soar???)

- Article 2 : Death penalty in time of war

 

There is nothing contentious in the Act, however all the Act does is enshrine the European Convention on Human Rights into English law, the purpose being to prevent the need for people to take the UK to the European Court of Human Rights, by making sure our law complies with the Convention anyway.

 

The Tories say they plan to repeal the Human Rights Act 1998, but we would still be a signatory to the Convention (since 1950), and so effectively this will still be part of our law.

 

btw, the Convention of Human Rights is NOTHING to do with the EU, and we signed it (indeed we drafted it) almost 25 years BEFORE we joined the EU/EEC. The Convention is the work of the Council of Europe, an institution which is NOT connected with the EU. Many countries are members of the council, without being a member of the EU.

 

It should also not be confused with the UN document, the Universal Declaration of Human Rights.

 

Also, no claimant can take a signatory nation to the European Court of Human Rights until all legal options in that country have been exhausted. To the UK this means that a claimant must go all the way to Supreme Court, or previously the House of Lords, to seek a ruling which complies with the Conventions, before he can ask the ECHR for a decision. A decision from the ECHR means that the member state must change its national law to comply with the ruling, and the ruling applies to all members.

 

Just a bit of info to mull over aswell :wink:

 

OK....now that I have mulled over the stuff you have written....would you care to answer the original question?

 

Has anyone who isn't a criminal ever used the human rights act?

 

Or are you strugging to find anyone too :D

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As I listed the act Baz, what parts do you not like or do you have problems with :wink:

 

I answered in the quote box in the previous post....

 

So we have found 1 case from 2007 and 1 case from 2006..... now how many do you suppose there are examples of criminals using the act??

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Take a look at my link Baz :wink:

 

So you against freedom of thought, something you take for granted, and put to use every time you post on here, yet you would deny it to others :wink:

 

No I crossed out the ones that were acceptable!

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Look....

 

the human rights act per-say is not a bad thing. What is bad is the way it is used in cases like asylum seekers claiming right to family life breaches when they have taken the life of someone and should not be afforded the same priviliges as the poor soul they killed or their family.

 

By committing a criminal act, the criminal should not be allowed to make costly claims against the state for instance, using the human rights act..... it is not known as the "criminals charter" for nothing now is it??

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Then maybe we have a problem with affording human rights to criminals and convicts...... if that was done away with, it would be a good start. We should also do away with these no win no fee ambulance chasing lawyers that are always milking the system.

 

Then all we need to do is bring in some proper immigratuion controls and then bring back the death penalty and we might have a better place to live!

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Unless you live in France of course (and other countries that use the Napoleonic code) where the law does say what you are allowed to do :wink: :wink: :wink:Lets have more €urope shall we :wink: :wink: :wink:

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As usual you haven't bothered to actually read what I said.I was pointing out that under the Napoleonic code the state tells the citizen what they ARE allowed to do rather than as in Britain, Ireland and the USA the state tells the citizen what they are NOT allowed to do. Understand? :roll: :roll: :roll:

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