An Analysis of Human Rights Protection Development in the UK

This essay examines the development of human rights protection in the United Kingdom, tracing its roots from the Magna Carta to the present day. It analyzes the evolution of civil rights and freedoms before and after the incorporation of the European Convention on Human Rights, highlighting the roles of UK courts and the European Court of Human Rights. The essay discusses key legislation, including the Human Rights Act 1998, and explores relevant case law. It also addresses criticisms of human rights laws and considers the future of the European Convention on Human Rights, providing a comprehensive overview of the subject.

Running head: HUMAN RIGHTS
HUMAN RIGHTS
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The aim of this report is to discuss the development of Human Rights protection in the
United Kingdom. Human rights are model norms or principles which describe specific standards
of the human behaviour and are protected as the legal and natural rights in the national and
international law system. Human Rights is a written constitution that protect the people in need
and survive the harsh reality of society. In this paper the difference of civil rights and freedoms
in the country before incorporation of European convention on the human rights will be
analysed. Along with this factors like the role of European court in the Human Rights issue and
Human Rights case law will be discussed (Cole, 2017). Finally the future of the European
convention on human rights will be concluded so that a perfect idea of the past and future of civil
rights movements can be understood.
In the present International Law system human rights are commonly realised as inalienable and
these are the fundamental rights which people inherently e achieve because of the reason he or
she is a human being. These human rights are inherent regardless of the ethnic origin age
location religion language ethnicity and any other status. Human rights are applicable each and
everywhere and every time universally. Human rights are regarded as the rule of law requiring
empathy and they are imposed obligation to the persons for respecting the human rights of the
others. It is considered that human rights cannot be taken away but only in the case of specific
circumstances the government can prevent human rights to be enjoyed. Human Rights can
include freedom from execution unlawful imprisonment and torture (Bayliss & Mattioli, 2018).
This doctrine of Human Rights influence highly the international law and global institutions. all
actions taken by the states as well as Nongovernmental organisation describe with this Human
Rights according to the United Nations the idea of Human Rights suggests that win a public
discourse of apiece time international society can have a common model language that is the

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human right. Human Rights provoke scepticism as well as debates about their content
justification and nature in these days but in every form of government in every part of the world
has to follow the regulations associated with human rights. according to the United Nations
accepted moral publications there are five basic Human Rights which include Right to Equality,
right to freedom from discrimination, right to life, liberty and personal security, freedom from
slavery and freedom from degrading and torturous treatment (Zedner, 2016).
Human Rights in in the UK is considered to be the fundamental rights in law which must be
enjoyed by every person in the country. This is an integral part of the Constitution of the UK.
Human Rights in this country has derived from the common law and from the statues like Magna
Carta 1689 bill of rights and 1998 human rights act from the membership of European Council
and from the international law. Modification of human rights have been developed recently but
the country like the United Kingdom has there law supporting the Human Rights tradition for a
long period of time. Presently the main source of jurisprudence is the 1998 human rights act that
incorporated European convention on human rights into the domestic litigation.
The codification of human rights in the law system of the UK has been originated from the
Magna Carta act of 1215. This was related to bind the king requiring the consent of the
Parliament Before any tax (Crowe, 2019). this had respected to the right true love full judgement
of the peers by the law of land. In 1215 Magna Carta act the English chapter had acknowledged
for the first time that the citizens of the country head legal rights and the laws only be applied to
by the parliament when there is a full consent of the subject. This particular act had established
the idea that no man will be denied to justice and right (Wright, 2019). this act had guaranteed
free movement of paper and preserved the common land for everybody Magna Carta 1215 had

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implicitly supported the understanding of the writ of habeas corpus. This had safeguarded the
freedom against any unlawful imprisonment affecting the individual freedom.
Before the incorporation of the European convention on human rights the UK government had to
depend upon these two who acts and in 17 century the petition of rights 1628 had been reasserted
the value of Magna Carta (Purdam et al., 2017). after the civil war in England the bill of rights
was established in 1689. this was referred to the Claim of Rights Act in 1689. This particular act
has enshrined the principles of Democratic country, taxation under the permission of Parliament
and promoting freedom of speech in the parliament. In addition to this the opposition for unusual
and cruel punishment was established.
The European convention on human rights international convention for protecting the political
freedoms and Human Rights in Europe. This particular Act was drafted in 1950 by the Council
of Europe and the European Court of human rights under this convention the person who feels
his right is violated under the convention by the state party can take this case to the court. In case
the judgement finds any case of violation they will be execute judgement. The committee of
ministers of the Council of Europe can monitor this particular execution of judgement and ensure
payment of compensation amount (Sulit & Lawrence, 2019). This convention has 14 protocols
that mainly related to the property education, elections, civil imprisonment, expulsion, free
movement, restriction of the death penalty, crime, discrimination, abolition of death penalty and
many more.
The importance of human rights act 1998 include complete abolition of death penalty in the
society of UK. This particular act provides that it is illegal for the public authority to contravene
the convention rights. For this reason the public authority needs to include any other person
whose functions are of public nature. This explicitly includes the courts in this process. The

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convention rights also include the right specified in the section 1 of the act. The section 7 of this
act enables a person to oppose against the public authority and take action if it has acted or
proposed to act in convention contravening manner. Human rights act 1998 provides defence for
the public authorities if any convention violating act is being persuaded as the mandatory
obligation imposed upon the legislation.
Depending upon the 1998 human rights act there has been a development of new acts in the
United Kingdom. The new review system depending upon the 2006 Universal Periodic Review
of the country has meant that the Human Rights records the member states coming under the
regular scrutiny Universal periodic review. It has a clear message that all the countries need to
score for improving the way a human rights can be promoted as well as protect it. In 2010 the
equality act has brought together more than 116 different pieces of legislation into one single act
(Manea, 2016). this is a new and streamlined law Framework that protect the rights of the
individuals as well as advance the equality of opportunity for everybody.
There are various criticisms of these laws related to human rights. The critics refer to the
increasing discrimination in the workplace in terms of cultural and gender biases. These are the
factors which challenge the Human Rights understanding and acceptability in the country. This is
not always possible to take help from court in every matter of infringement of human rights
(Justice.org.uk, 2020). Moreover the issue of poverty can also limit the Human Rights argument
where people are being exploited everyday compromising with their human rights to arrange
their basic needs. The critics have also pointed out that in the case of armed conflict as well as
violence the protection of human rights are not seen. In this case the government also can take
part in in armed conflict which limits the capability of the court to take step against the law
breakers. In some cases of weak institutions the issue of human rights can be seen

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(Equalityhumanrights.com, 2020). the leadership of these weak Institutions may not support the
human rights but did situation for silent. finally the democracy deficit are capable to challenge
Human Rights in the country or in a global context. this is not always possible to follow the
Human Rights norms because the government often uses Force to keep the citizens law abiding.
The Council of Europe has been taken initiative for consulting on a long-term future of the
European convention on human rights. The conventional system needs to be built up on the
commitment for every right of individuals to seek conclusion before the European Court of
human rights the development of strong and independent Court is capable to provide deceive
interpretation of rights that are protected by the European convention on human rights. It is
crucial for the success of the system.

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Equalityhumanrights.com. (2020). The Human Rights Act | Equality and Human Rights
Commission. Retrieved 20 April 2020, from
https://www.equalityhumanrights.com/en/human-rights/human-rights-act
Justice.org.uk. (2020). Future of the European Convention on Human Rights - JUSTICE.
Retrieved 20 April 2020, from https://justice.org.uk/future-european-convention/
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