ECHR & Human Rights Act: Analyzing Rights, Breaches, and Obligations

This essay provides a detailed analysis of the European Convention on Human Rights (ECHR) and the Human Rights Act 1998, examining their historical background, key rights, and potential breaches. It discusses the binding duty of states to respect secured rights, the right to life, the prohibition of torture, and the right to liberty and security. The essay identifies potential breaches in a case scenario, including violations of the right to life, security, and the abuse of rights, further elaborating on the duties of relevant parties following such breaches, such as providing compensation, ensuring proper burials, and preventing foreseeable deaths. The analysis underscores the importance of upholding human rights and the responsibilities of management and councils in ensuring citizen safety and well-being; Desklib offers a wealth of solved assignments and study resources for students.

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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).

persons as guaranteed by the convention. Finally, article 18 being an absolute right provides that
the limitations set on the guaranteed rights should only be applied to the set purposes9
Specific Advice
Possible Breaches
In regards to this case, a number of breaches can be identified as per the Human Rights
Convention. There is a possible breach of article 2 in regards to right to life where due to the
continued negligence by the council and the management team of Grainville the fire has resulted
to the deaths of sixty five residents and rendering other residents homeless.
In addition there is a breach of article 5 in regards to liberty and security of which the precise one
is in regards to security thou the courts have not given the right to security a different
interpretation from that of liberty as they always address the rights as a compound right. In this
instance the council and the Grainville management group failed in their duty to secure the
residents from the fire outbreak and therefore they are currently required to ensure the safety of
the homeless residents10.
Further, there is a possible breach of article 17 in regards to the abuse of people rights which
prohibits the use of the provide rights to abuse another individuals right. In this scenario, the
management group and the council were at liberty to make considerable changes to the
residential apartment which due to the failure it resulted to a fire outbreak that has caused several
deaths and therefore violating the people’s right to life in regards to their right to liberty
There is a breach of Article 1 of the ECHR in regards to absolute duty of the state to respect and
secure the rights of the citizens. The right to life of the citizens who lost their lives under Article
2. The citizens were put under inhuman degrading treatment, which is prohibited under Article 3.
The freedom of expression of the citizens are unheard by the management and the council which
9 Mares & Turvey. False Allegations in Divorce and Custody Proceedings. In False
Allegations (pp. 135-163) (2018).
10 Oldham Thomas. Divorce, separation and the distribution of property. Law Journal Press,
2018.

violates Article 10. The right of the citizens to have an efficient remedy is jeopardized by the
ineffective management and council, violating article 13. Article 15 of the ECHR is violated
which guarantees right against derogation. Article 17 is infringed in regards to the abuse of rights
of the citizens as they deserve to be protected and have a safe living condition.
Subsequently, there is a possible breach of the right of the residents in regards to an effective
remedy whereby the duty is to ensure that each family is compensated equally in regards to the
damages they have incurred due to the fire break out. Further, there is also breach of the
residential laws by the management in that it has failed in its duty to ensure that the residents are
safe from any danger by ensuring that all house appliances are in good condition. On the other
hand, the council has failed to ensure the safety of the residents by carrying out inspection to
ensure that the management has fully complied with the residential apartment laws.
The management has failed to ensure that the electricity circuits are well fitted so that they do
not in any way contribute to a fire accident. The management and the council have failed to
protect the lives of the citizens, putting them under risk, which resulted to death and economic
loss. Therefore, a grave breach the provision of the ECHR and the Human Rights, regards to life
is evident.
Duties following breach
Following the breach, the Grainville management is tasked with the duty to ensure that the
deceased are accorded a proper burial and that their families are compensated while the homeless
are provided with residential homes.
Similarly, there is the duty of the management to ensure the prevention of a foreseeable death,
which in this case the management failed to look into the safety concerns that the residents had
raised therefore contributing to the breach of their right to life. The residents bear a right in
regards to an effective remedy where the management has failed to carry out its duty. The
management and the council has the duty is to ensure that each family is compensated equally in
regards to the damages they have incurred due to the firebreak out.
On the other hand, the management has a duty to ensure that it abides by all court procedural
rules in regards to summons and any other requirements upon suite. A breach of the residential

laws by the management is evident, as it has failed in its duty to ensure that the residents are safe
from any danger. The council has not ensured the safety of the residents. It should have carried
out inspection to ensure that the management has fully complied with the building regulations of
UK.
In regards to the council, they are tasked with ensuring that an inquiry body is formed so as to
look into the causes of the fire and propose possible effective remedy for the victims of the
incidence.
There is a breach of the right of the residents as to an effective remedy whereby the duty is to
ensure that each family is compensated equally in regards to the damages they have incurred due
to the firebreak out. There is also breach of the residential laws by the management in that it has
failed in its duty to ensure that the residents are safe from any danger by ensuring that all house
appliances are in good condition. On the other hand, the council has failed to ensure the safety of
the residents by carrying out inspection to ensure that the management has fully complied with
the residential apartment laws. Therefore, for these above-mentioned breaches the management
is under the obligation to pay damages to the residents and carry out a thorough investigation of
the accident. The management must make sure that the housing regulations are effectively
implemented.
Further, due to the criminal nature of the incidence, the council has a duty to ensure that the
victims are well represented in court and that they are accorded a fair hearing during the time of
trial in an effort to ensure that justice is served.
Responsibilities of Grainville Company and the Council
In regards to the responsibilities tasked to the council and Grainville towers under article 2, they
are to protect the lives of the residents as they are bound by the Convention. In doing so, the two
bodies are to ensure that the fire appliances fitted in the building are in a good condition and able
to be used in case of a fire emerging as the situation currently is11. Also, the bodies are to ensure
11 Fabricius, Aaron, Akins, Assini, & McElroy. What happens when there is presumptive 50/50
parenting time? An evaluation of Arizona’s New Child Custody Statute (2018). Journal of
Divorce & Remarriage, 59(5), 414-428.

that the electricity circuits are well fitted such that they don’t in any way contribute to the
emerging of fire which risks resulting to death loss and therefore breaching the provision in
regards to life. Further, in interpreting the responsibility of a state under article 2 the court has
tasked states with the following three main duties: duty to desist from illegitimate killing, duty to
look into suspicious death and in some instances positive duty to prevent foreseeable loss of life,
which in this case is applicable to the council and Grainville management12.
The Management and the council is under the obligation to comply with the rules and regulation
of the Building Regulation laws of UK. The Housing Act 2004 and the Regulatory Reform (Fire
Safety) order 2005 are the two significant legislations in the UK, which strive to regulate the
collaborative working relation between local authorities that regulates Housing issues and the
Fire and Rescue Authority. Nonetheless, there are dilemma in opinions regarding the
requirement of cladding and safety standards of Building Regulation Authorities. The Housing
Act 2004 comprises of the Housing Health and Safety Rating System (HHSRS), which ensures
the basic standard of housing that affects health, and safety of the citizens. The HHSRS is used
to assess hazards while renting a house or an owner occupied property.
Under the Environmental Protection Act 1990, the local authorities are under the obligation to
consider the complaints of statutory nuisance. They must take actions that are necessary to
preserve the building that has potential threat to damage. They must take actions against
hazardous and unsafe buildings that might harm environment. The Regulatory Reform (Fire
Safety) order 2005 gives the residents the authority to take control of a fire accident in their
premise and not wait for the fire authority to arrive and take charge. The Act says that actions
must be taken immediately in times of fire emergency. The Act asks the residents to be aware of
the condition of the building they are residing and ascertain any potential risk of fire breakout.
This Act calls for regular fire risk assessment, fire drills to make people ready for fire
evacuation, other useful arrangements. The Fire and Rescue Authority takes charge in case of
non-compliance.
Further, in accordance with the Act, the management has a duty to ensure that the residents are
secured which in this case can be done by ensuring that all the safety measures have are adhered
to and by guaranteeing the homeless residents a place to put up as other remedies are sought.
12 Oldham. Divorce, separation and the distribution of property. Law Journal Press (2018).

Conclusive Opinion
Following the outlined rights comes the responsibility of each person and various bodies to
ensure that every individual right is observed and protected. In this regard the state through their
various courts play a role in ensuring that everybody has access to justice13.
In regards to this scenario there is need to come up with a formal inquiry body to look into the
circumstances leading to the occurrence of the fire and establish the possible remedies that can
be afforded to the victims. The need for such an inquiry is promoted by various needs such as;
following the number of deaths that has occurred due to the negligence of the management it’s
clear that the resident right to life has been violated and therefore the state being the protector of
life has to get involved through forming an inquiry to establish what led to the violation.
Further, there is need to form an inquiry so as to help in ensuring that the residents are afforded a
fair hearing as provided for by the convention under article 6. Also the inquiry will be helpful in
ensuring that the residents are accorded an effective remedy following the loss suffered. In
addition, the case cites an incidence of negligence as the main reason behind the fire break out,
with this there is need for an inquiry to be established so as to determine if the allegations raised
are true. Subsequently, the acts mentioned fall under criminal acts in which according to the
relevant law, the state has a role to ensure justice is served in such acts therefore, the state can
only get involved by coming up with an inquiry to help in this situation. Therefore, effective
implementation of the housing laws and regulations is required to ensure the safety and security
of the residents. Additionally, a regular investigation and inquiry is required to be carried out by
for ensuring safety. In this case, various needs of the situation like the number of deaths that has
occurred due to the negligence of the management needs to be estimated and confirmed. It is
clear that the resident’s right to life has been violated and therefore the state being the protector
of life has to get involved through an inquiry to ascertain what led to the accident.
13 Parkinson, Patrick. "Family property division and the principle of judicial restraint." University
of New South Wales Law Journal, The 41, no. 2: 380 (2018).

In regards to the role of the inquiry it will first have to establish the cause of the fire, be involved
in confirming the number of deaths and come up with the appropriate measures on how the
burial can be done. Also, it will have to find appropriate measures to establish the losses each
family has incurred and estimate the kind of compensation that can be awarded. Further, it will
have to establish whether the owners of the apartment had really complied with all the relevant
laws in regards to residential building and by doing so it will have to show who is at fault
following the occurrence of the incidence. In conclusion such an inquiry is necessary as it plays
a big role in ensuring that the victims are effectively compensated following the violation of their
rights.
Bibliography
Albertini & Tosi. Grand parenting after parental divorce: The association between non-resident
parent–child meetings and grand parenting in Italy. European Journal of Ageing, 1-10 (2018).

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).
Cheffins, Does law matter? The separation of ownership and control in the United Kingdom
(2001). The Journal of Legal Studies, 30(2), 459-484.
Fabricius, Aaron, Akins, Assini, & McElroy. What happens when there is presumptive 50/50
parenting time? An evaluation of Arizona’s New Child Custody Statute (2018). Journal of
Divorce & Remarriage, 59(5), 414-428.
Gilmore & Glennon. Hayes and Williams' family law. Oxford University Press, USA (2018).
Glendon. The new family and the new property. Butterworths (1981).
Krieger & Zimmermann. Sentenza 238/2014 of the Italian Constitutional Court and the
International Rule of Law. (2018).
Krieger, H., & Zimmermann, A. J. (2018). Sentenza 238/2014 of the Italian Constitutional Court
and the International Rule of Law.
MacDonald & Dildar. Married Women’s Economic Independence and Divorce in the
Nineteenth-and Early-Twentieth-Century United States. Social Science History, 1-29 (2018).
Mares & Turvey .False Allegations in Divorce and Custody Proceedings. In False
Allegations (pp. 135-163) (2018).

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).
Oldham Thomas. Divorce, separation and the distribution of property. Law Journal Press, 2018.
Oldham. Divorce, separation and the distribution of property. Law Journal Press (2018).
Parkinson, Patrick. "Family property division and the principle of judicial restraint." University
of New South Wales Law Journal, The 41, no. 2: 380 (2018).
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).