scholarly journals CCTV and Human Rights: the Fish and the Bicycle? An Examination of Peck V. United Kingdom (2003) 36 E.H.R.R. 41

2002 ◽  
Vol 2 (2/3) ◽  
Author(s):  
Caoilfhionn Gallagher
Keyword(s):  
Human Rights ◽  
Private Life ◽  
European Convention ◽  
Public Places ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Media ◽  
The Right ◽  
The Impact

This paper analyses and considers the impact of a landmark decision by the European Court of Human Rights in January 2003 which highlighted the inadequacy of U.K. law in protecting the privacy of individuals captured on closed-circuit television (CCTV) cameras in public places. The domestic and Strasbourg decisions in the Peck case are assessed. Analysis of the subsequent responses of Government, the Courts and the media demonstrates that the lessons of Peck have yet to be learnt, and the Human Rights Act 1998 has failed to 'bring rights home' when it comes to Article 8 of the European Convention on Human Rights (ECHR), which guarantees the citizen the right to respect for private life. Privacy in the U.K. is now at best a residual right: what's left after each of an array of competing concerns have their say.

scholarly journals State Surveillance and the Right to Privacy.

2002 ◽  
Vol 1 (1) ◽  
pp. 66-85 ◽  
Author(s):  
Nick Taylor
Keyword(s):  
Human Rights ◽  
Common Good ◽  
Private Life ◽  
European Convention ◽  
The Right To Privacy ◽  
State Surveillance ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Right ◽  
The Impact

The influence of Article 8 of the European Convention on Human Rights on domestic law has ensured that the state’s use of technical covert surveillance equipment has become legally regulated over the past twenty years, albeit in a somewhat piecemeal fashion. The passage of the Human Rights Act 1998 will see the development of the "right to respect for private life"; in UK law. This paper seeks to reflect upon the impact that the European Convention has had on the regulation of covert surveillance, and whether there is a theoretical justification for developing the "right to respect for private life"; beyond traditional private spheres and into the public arena. It is argued that overt surveillance in the form of closed circuit television cameras (CCTV) should thus be legally regulated according to the principles established by the European Convention, and that such an extension of the "right to respect for private life"; need not be detrimental to the common good.

Remedies and Sanctions

2016 ◽  
Author(s):  
Matthew Nicklin QC ◽  
Chloe Strong
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Personal Information ◽  
European Convention ◽  
Criminal Sanctions ◽  
Legal Remedies ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Media ◽  
The Right

This chapter considers the legal remedies that may be available to those who complain that an invasion of their privacy has occurred or is threatened by the actions of the media, as well as touching briefly on the criminal sanctions that may be applicable. Regulatory remedies under the Data Protection Act are considered in Chapter 7 and the remedies available from the media regulators in Chapter 14. Whether a remedy is sought before or after publication, and whether the complaint relates to the content of an actual or proposed publication or the method by which personal information has been obtained, it is likely that any relief granted will affect the exercise of the right to freedom of expression enshrined in Article 10 of the European Convention on Human Rights (ECHR). In such circumstances s 12 of the Human Rights Act 1998 (HRA) applies. The interpretation given to this important statutory provision by the courts is considered in Section C, but this chapter begins by looking at Parliament’s intention in enacting s 12. This is not necessarily to suggest that courts should have regard to such material as an aid to construction under the rule in Pepper v Hart but rather to explain the legislative background to this highly relevant provision.

The English Fetus and the Right to Life

2004 ◽  
Vol 11 (4) ◽  
pp. 347-364 ◽  
Author(s):  
Rosamund Scott
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Right To Life ◽  
Selective Abortion ◽  
European Court ◽  
Balance Of Interests ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Legal Position ◽  
The Right

AbstractFollowing the enactment of the Human Rights Act 1998 in English law, there was speculation as to whether the English legal position that the fetus has no right to life is compatible with Article 2 of the European Convention on Human Rights (ECHR). The recent decision of the European Court of Human Rights in Vo v. France provides an opportunity to reflect on the current English and ECtHR approaches to the fetus. The problems of finding a fetal right to life, which Vo sidesteps, are noted. At the same time, the "all or nothingness" of rights language is not without difficulties and troubled the judges in Vo. In particular, the idea that the fetus has no right to life gives the impression that neither English nor ECHR law values the fetus. In this light, we find English and ECtHR judges trying to express a concern for the fetus which does not undermine a pregnant woman's legal interests. This article considers these issues and highlights the importance, in a highly genetic age, of developing ways of valuing the fetus without invoking the language of rights and thus without affecting the current legal balance of interests in the maternal-fetal relationship. The idea of valuing the fetus in this way is briefly explored with particular reference to aspects of selective abortion.

Human Rights Act 1998

2019 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Dan Squires QC
Keyword(s):  
Human Rights ◽  
Public Authority ◽  
European Convention ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Right

The following chapter examines claims that can be brought under the Human Rights Act 1998 (HRA). The HRA makes it unlawful for a ‘public authority’ to breach the European Convention on Human Rights (‘the Convention’). The HRA accords to the victims of a breach of the Convention the right to pursue a claim against the offending public authority in the UK courts, when previously they were required to apply to the European Court of Human Rights in Strasbourg to vindicate their Convention rights.

6. Right to family and private life

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Private Life ◽  
European Convention ◽  
The Right To Privacy ◽  
European Court ◽  
Margin Of Appreciation ◽  
Human Rights Act ◽  
Definition Of ◽  
The Uk ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the right to family and private life, which is considered a qualified right. It discusses Article 8, which has been developed to expand protection of the European Convention on Human Rights (ECHR) through wide definitions and use of positive obligations. It also considers the European Court of Human Rights’ (ECtHR) definition of private life and application of the living instrument principle to include areas such as sexuality and the environment. In addition, the chapter explains the use of the proportionality and margin of appreciation doctrines when examining the justification of an interference with the right to family and private life, and finally, looks at the development of the right to privacy in the UK via the Human Rights Act 1998 (HRA).

The Impact for the Church of England of the Human Rights Act 1998

2000 ◽  
Vol 5 (27) ◽  
pp. 431-439 ◽  
Author(s):  
Mark Hill
Keyword(s):  
Human Rights ◽  
Church Of England ◽  
European Convention ◽  
The United Kingdom ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Government ◽  
The Impact ◽  
Domestic Law

Though the first nation state of the Council of Europe to ratify the European Convention on Human Rights on 18th March 1951, and though permitting individual petition to the European Court in Strasbourg since 1966, the United Kingdom declined to give effect to the Convention in its domestic law until the government recently passed the Human Rights Act 1998. The Act received the Royal Assent in November 1998 and will come into force on 2nd October 2000.

Human Rights and Human Remains: the Impact of Dödsbo v Sweden

2006 ◽  
Vol 8 (39) ◽  
pp. 453-457
Author(s):  
Russell Sandberg
Keyword(s):  
Human Rights ◽  
Human Remains ◽  
European Convention ◽  
Dead Body ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
The Impact ◽  
Do So

The legal revolution brought about by the Human Rights Act 1998 has affected arcane legal areas such as the law of exhumation, by questioning whether refusal to grant an application to exhume and move a dead body would breach the applicant's human rights under the European Convention on Human Rights (ECHR). While the Consistory Courts have been quick to develop arguments based on human rights, the majority of the European Court of Human Rights in its recent judgment in Dödsbo v Sweden showed a greater reluctance to do so, emphasising the fact that although the refusal to exhume may interfere with the applicant's human rights, such an interference could be valid under the terms of the ECHR.

5. Right to liberty and right to fair trial

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Due Process ◽  
Fair Trial ◽  
European Convention ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Right ◽  
Article 5

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the right to liberty and fair trial, which are not qualified rights but can be derogated from in times of war and emergency, and provides an overview of the European Convention on Human Rights’ (ECHR) Articles 5 and 6, the most commonly argued rights before the European Court of Human Rights (ECtHR). Article 5 on the right to liberty and security of person protects individuals from unlawful and arbitrary detention, whereas Article 6 protects the rights to fair trial in both criminal and civil cases (with added protection in criminal cases). The ECtHR has expanded protection of Article 6 through its interpretation of ‘fair’ hearing and ‘civil’ rights and obligations. The chapter examines due process rights as part of UK law, including the Human Rights Act 1998 (HRA).

English Criminal Procedure and the Human Rights Act 1998

1999 ◽  
Vol 33 (3) ◽  
pp. 664-677
Author(s):  
J.R. Spencer
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
European Court ◽  
Correspondence Art ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Forced Labour ◽  
The Right ◽  
Initial List

The European Convention on Human Rights is one of the manifestations of the Council of Europe, an organisation of European states founded in 1949 with the aim of strengthening the common democratic heritage. It is an international treaty which binds the contracting States to respect the list of human rights and freedoms it proclaims. An enforcement mechanism exists in the form of the European Court of Human Rights (in this paper called ‘the Strasbourg court’).In brief, these rights and freedoms are the right to life (art. 2); freedom from torture or inhuman and degrading treatment or punishment (art. 3); freedom from slavery or forced labour (art. 4); the right to liberty (art. 5); the right to a fair trial (art. 6); freedom from retrospective criminal laws (art. 7); the right to respect for private and family life, home and correspondence (art. 8); freedom of thought, conscience and religion (art. 9); freedom of expression (art. 10); freedom of peaceful assembly (art. 11); and the right to marry and found a family (art. 12). Over the years, this initial list of rights has been expanded by a series of additional Protocols — not all of which have been ratified by all the Member States. The First Protocol, which Britain has ratified, guarantees the right to peaceful enjoyment of possessions, education, and free elections.

scholarly journals The European Convention on Human Rights Act 2003 – Ten Years On

2014 ◽  
Vol 3 (1) ◽  
pp. 61-96
Author(s):  
Ronagh JA McQuigg
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
General Level ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact ◽  
The Relationship

The European Convention on Human Rights Act 2003 has now been in force in Ireland for ten years. This article analyses the Act itself and the impact which it has had on the Irish courts during the first decade of its operation. The use of the European Convention on Human Rights in the Irish courts prior to the enactment of the legislation is discussed, as are the reasons for the passing of the Act. The relationship between the Act and the Irish Constitution is examined, as is the jurisprudence of the Irish courts towards the interpretative obligation found in section 2(1), and the duty placed upon organs of the State by section 3(1). The article ends with a number of observations regarding the impact which the Act has had on the Irish courts at a more general level. Comparisons will be drawn with the uk’s Human Rights Act 1998 throughout the discussion.

Sign in / Sign up

Export Citation Format

Share Document