Breaches of Human Rights Convention in Grainville Fire Incident

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General Advice
Historical Background
The European Convention on Human Rights (ECHR) initially known as the convention for the
protection of human rights and fundamental freedoms is an international treaty to protect human
rights and political freedoms in Europe. The convention was drafted in the 1950 by the then new
European council. It was later entered into force in 1993 on 3rd of September. The members of
the Convention comprise all the European State members1.
The enforcement of the Convention led to the establishment of the European court of human that
is in charge human rights violation. It has various protocols that amend the convention
framework2. On the other hand, the 1998 Human Rights Act refers to an act of parliament that
got the royal assent on November 9th of the same year and there after came into force in 2000
October 2nd 3.
In regards to their historical relation, they are related in the sense that the aim of enacting the
Human Rights Act was to be able to incorporate the convention rights into the United Kingdom
law. Currently, they are related in a way that the Act exists so as to be able to give more effect to
the rights and freedoms provided for under the Convention.
Main Rights under the Convention
1 Albertini & Tosi. Grandparenting after parental divorce: The association between non-resident
parent–child meetings and grandparenting in Italy. European Journal of Ageing, 1-10 (2018).
2 Arjomand. Nobuaki Kondo: Islamic Law and Society in Iran. A Social History of Qajar Tehran.
(Royal Asiatic Society Books.) xii, 196 pp. London: Routledge, 2017. ISBN 978 0 415 71137
1. Bulletin of the School of Oriental and African Studies, 81(3), 548-550 (2018).
3 Murch. The role of the family court system of England and Wales in child-related parental
disputes: Towards a new concept of the family justice process. In How Couple Relationships
Shape our World (pp. 91-128). Routledge (2018).

Article 1 of the Convention in regards to binding duty of states to respect all the secured rights,
article 2 the right to life, article 3 prohibits any form of torture and inhuman degrading
treatment. Article 10 freedom of expression, article 13 right to efficient remedy, article 14 right
to discrimination, article 15 right to derogations, article 16 right of aliens, 17 in regards to abuse
of rights and article 18 outlines restrictions on provided main rights.
Discussion of the main rights
The discussion is in regards to the main rights provided and the class in which they fall under
application.
Article 1 binds parties to respect all the rights secured within their jurisdiction and any other
territories where the state exercises control as was in the case of, Loizidou v Turkey4 where the
European court held that a member’s jurisdiction in accordance with the convention extends to
areas where the state has military control5. Additionally, the bodies are to guarantee that the
power circuits are all fitted to an extent that they don't in any capacity add to the developing of
flame which dangers coming about to death misfortune and thusly rupturing the arrangement
with respect to life6. Further in deciphering the obligation of a state under Article 2 the court has
entrusted states with the accompanying three principle obligations: obligation to stop from ill-
conceived slaughtering, obligation to investigate suspicious demise and in a few occasions
positive obligation to anticipate predictable death toll which for this situation is appropriate to
the gathering and Grainville the executives.
4 Krieger, H., & Zimmermann, A. J. (2018). Sentenza 238/2014 of the Italian Constitutional
Court and the International Rule of Law.
5 Pomianowski, Piotr. "Divorce proceedings pursuant to the Code Civil and the Code de Proédure
Civile of 1806 in the practice of polish courts." Vergentis 6 (2018).
6 MacDonald & Dildar. Married Women’s Economic Independence and Divorce in the
Nineteenth-and Early-Twentieth-Century United States. Social Science History, 1-29 (2018).

Article 2 guarantees the right to life where by every individual’s right to life is to be protected
but the same does not extend either to legal persons like entities and other animals.
In regards to Article 3 prohibiting the act of torture and inhuman treatment, no exceptions nor
limitations have been made concerning it. The court has also affirmed that the article is to be
applied in absolute terms regardless of the conduct of the victim.
In addition, the Convention under article 5 guarantees the right to liberty and security, which are
usually considered together. A case in place is that of Assanidze v. Georgie7 regarding Assanidze
illegal incarceration by Ajarian authorities in violation of the convention human rights. The
European Court in delivering its judgment found that the petitioners’ rights in regards to liberty
& fair hearing had been breached and therefore ordered for his release and further awarded him
one hundred and fifty thousand in damages.
Subsequently article 13 is an absolute right securing the need for a person to be accorded an
effective remedy and therefore any failure results to the contravention of the Convention. In
addition to that, the right to discrimination is an absolute right which extends broadly in some
instances and narrowly in others.
In regards to article 15 it permits various states to derogate from some rights upon meeting some
conditions following the contracts they have entered into. The right is a limited right since a
party has to meet certain set conditions in order to be protected; one of the conditions is that
there must be a public emergency threatening the life of a country. A case in place is A v United
Kingdom8 in which the court dismissed a claim terming the derogation that had been lodged by
Britain in response to the September 11 attacks as invalid. Further article 16 secures the right of
aliens as a qualified right by allowing states to limit the activities of foreigners in their country.
In addition, article 17 calls upon all persons not to use the given rights to limit the right of other
7 Krieger & Zimmermann. Sentenza 238/2014 of the Italian Constitutional Court and the
International Rule of Law. (2018).
8 Gilmore & Glennon. Hayes and Williams' family law. Oxford University Press, USA (2018).
Glendon. The new family and the new property. Butterworths (1981).