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European Convention on Human Rights - Essay Example

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Having closely examined the European Convention on Human Rights and the Human Rights Act of 1998, the law is very clear on the absolute rights and the qualified rights considering the conduct of individuals and the state…
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European Convention on Human Rights
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Extract of sample "European Convention on Human Rights"

Download file to see previous pages In explaining the proceedings of Mike Russell against Wicket World in the High Court alleging that his right to privacy was infringed various provisions of the law in the Convention and Human Rights Act provide an important pieces of reference for consideration as a basis on which both parties would argue out their case. Basis on which Mike Russell would bring his claim according to the Convention on Human Rights and Human Rights 1998 is grounded on Article 8 on Right to Privacy. Basically, this Article stipulates the respect for private or family life. In this respect then, the privacy of Mike ought not to have been infringed especially when the confidential information about his health status was leaked to the Wicket World by the Cloisters private clinic. The prevention or disclosure of information received in private (Article 10) was overstepped and it justifies the claim. This is therefore outright that his privacy on health matter became public creating an argument that he and his fellow team mates failed to show case a standard and successive competition in South Africa.
Article 12 Protocol 1 stipulates about possessions enjoyment. This Article argues that every individual can peacefully enjoy his possessions and no party can curtail the enjoyment of the same. The Claimant took to account that it was his sole right to enjoy and make himself happy while engaging in cricket action while in South Africa as the law explains. Regardless in whichever way of enjoyment as far as it does not override any other law of the land had a right to enjoy in any way he wished and with any person. Mike Russell having partied with local prostitute during the night passion was just enjoying his right. This also infringed his right to privacy where it was revealed the caliber of the class type that he enjoyed with. The basis on which Wicket World would defend the claim would be founded on a number of provisions of the law as enshrined in the European Convention on Human Rights and the Human Rights Act, 1998.1 The claim according to Article 8 on right to privacy is however limited by Article 18 that limits on use of restriction of rights. This therefore overrides the limits to the privacy of the individual (Mike Russell) where exercising his privacy in a manner that resulted to moral decadence while on a public activity .Wicket World was meant to cover and provide information on the activities engaged to the cricket team and its their role to report in the best interest of the public even where the participants actions are in question. According to section 6 of Human Rights Act 1998, it is unlawful for a public authority to act in a way which is incompatible with conventional rights but the Cloisters was a private clinic and it was not bound by this section 6 of the Human Rights Act 1998 hence it exercised discretion to release information on the health status of Mike Russell Article 12 provides that individuals enjoy rights to peaceful possessions enjoyment but this right is not absolute and hence qualified. It is imperative to establish that the right to private life for enjoyment is qualified in the sense that infringement in this basic right may be justified necessary in order to protect some important general public interest. It therefore explains that it was in the interest of the citizens of England to be represented in the best way possible by the cricket team in the competitions rather than the poor performance that the team produced. 1European Commission on Human Rights and Human Rights Act, 1998 Playing without sober mind due to alcohol influence cannot be merely assumed that it was their absolute rights to enjoy in the expense of the country that needed them to ...Download file to see next pages Read More
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