European Convention of Human Rights and UK law Essay

European Convention of Human Rights and UK law - Essay ExampleThe various conflicts and revolutions in the existence have shaped the concept of human rights as we know it. In the last two ace C and fifty years, we see the clamour for human rights as the clamour of a world and of the various peoples at heart it for equality and independence. The European Convention on Human Rights was crafted with the end in view of promoting and preserving these rights.In the ECHR, the writer has chosen Articles 10, which pertains to Freedom of Expression. It While the right to free speech and assembly is a cryst totallyized rule that has been place almost since the beginning of time, enjoying a cherished position in the bill of rights of virtually all civilized legal systems, the interpretation of what constitutes free and protected speech still has yet to be dead refined. This provision has been invoked many times over in the course of history, whether within the European Union or outside, s uccessfully and unsuccessfully and Courts have had many opportunities to set standards and devise guidelines to determine if the speech in challenge should be protected or not. It becomes to a greater extent difficult when the right to free speech competes with another precept, for example, the principle of public order. In easy cases, all that should be done is look through jurisprudence until one finds the applicable case with similar facts. In hard cases with novel facts, the role of the judge becomes infinitely more difficult. The boundaries are ever-shifting and internally, the judge will be trying not only to apply the law, but to motif the facts of the case in question to her own subjective inquiry in order to determine purpose or mens rea. Statement of the lawArticle 10 of the ECHR reads1. Everyone has the right to freedom of thoughtfulness. this right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public au thority and regardless of frontiers. This phrase shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to much(prenominal) formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. The United nation law that will be examined in get of compatibilities and non-compatibilities are the Human Rights Act 1998, in particular the provision on the right to free expression and the right to privacy and the Public Order Act. T he Human Rights Act 1998 received royal assent on November 9, 1998 and came into force on October 2, 2000. The objective of said Act was to harmonize the domestic law of the United Kingdom with the European Convention on Human Rights. To reaffirm the commitment of the UK to human rights and civil