Donna Purcell Order# 542460 08 May 2011 Law: The Promotion of Substantive Equality in the Human Rights Act of 1998 and the Equality Act of 2010 The European Convention on Human Rights (ECHR), previously known as the Convention for the Protection of Human Rights and Fundamental Freedoms is in essence an international treaty to protect all human rights and basic freedoms in Europe…
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Second, the convention responded to the growth of Communism in Eastern Europe by protecting the member states from communist subversion. The constant reference to values and principles became norm within the Convention as it was deemed “necessary in a democratic society.” The Convention was drafted in 1950 by the Council of Europe, however, did not go into force until September 1953. This Convention established the European Court of Human Rights (ECHR). The court hears cases from persons who feel their rights have been violated under the Convention by a state party. Any state party judgements are binding on the states concerned and they are obligated to execute them. Executions of judgements are overseen by the Committee of Ministers of the Council of Europe. Particular discretion is used to ensure that payment amounts awarded by the Court to the applicants are received in compensation for damages sustained. The establishment of an international Court to protect individuals from human rights violations is a very innovative feature. This innovative feature gives the individual a very active role on the international field. Tradition will show that only states or members are considered participants in international law. However, the European Convention remains the only international human rights agreement that provides this high degree of individual protection. Parties of the state can take cases against another state party to this Court, but this power is seldom used. Ten members originally joined as members in 1949. After the fall of the communist regimes in 1989, several states from Central and Eastern Europe became members. There are currently 33 members. Several other countries or States have been granted observer status including the United States, Canada, Mexico and Japan. The ECHR consists of Eighteen Articles covering fundamental rights with respect to respecting rights, life, torture, servitude, liberty and security, fair trial, retrospect, privacy, conscience and religion, expression, association, marriage, effective remedy, discrimination, derogations, aliens, abuse of rights, and permitted restrictions. The Court also must abide by its five established protocols. The European Court of Human Rights historically has a distinguished track record. The Court judges thousands of cases every year and its opinions are internationally cited. Historically the Court’s jurisprudence on equality was based on a formal concept of equality. However, in recent years the ECHR has started to give equality more of a substantive content. Its “weak equality jurisprudence resulted from the limitations of ECHR, judicial procedure, and a formal concept of equality.” Article 14 of ECHR applies only specifically to the enjoyment of conventional rights. “The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground……” As far as procedure, only alleged victims can apply for complaints (excluded from states), and they first have to exhaust all other domestic remedies in their perspective states. The Convention furthermore was reluctant to draw inferences of discrimination from statistics. However, the most limiting factor was the ECHR’s formal concept of discrimination, which focused on direct discrimination. Recently the court has had some difficulty with cases involving covert discrimination or
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(“To what extent is substantive equality promoted through the Human Essay”, n.d.)
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(To What Extent Is Substantive Equality Promoted through the Human Essay)
“To What Extent Is Substantive Equality Promoted through the Human Essay”, n.d. https://studentshare.org/macro-microeconomics/1424287-to-what-extent-is-substantive-equality-promoted.
Thereafter, it is up to Parliament to take suitable action, if deemed necessary.1 In its White Paper, the UK Government clarified that the Human Rights Act 1998 was aimed at providing a novel basis for the interpretation of every piece of legislation by the judiciary.
The Act provides that an employer need not treat an employee, a former employee, or a job applicant, worse than any other person due to a protected characteristic thereto considered as direct discrimination needs. In this regard, the Act provides that in a situation of maternity or pregnancy, this direct discrimination can arise simply if the individual has the characteristic considered protected without the need to compare such treatment to other individuals.
This is because the UK is only bound by the Convention under international law, but not domestically. With the passage of the HRA 1998 however, Convention rights have been domesticated and become part of English law to which courts are obligated to legally defer to in their decisions.
Extended Essay on the New Equality Act 2010 Introduction Inequalities in societies have existed from the historic times. There have always been male and female, Rich and poor, educated and non educated and superior and inferior. These inequalities have found their way in the modern society.
This essay describes that The Equality Act covered: the creation of the Commission on Equality and Human Rights, anti-discrimination in the provision of goods and services on the grounds of religion, belief and sexual orientation, and for the first time placed a duty on public authorities to promote equality of opportunity between men and women.
People are entitled to expect that public authority respect their conventional rights. One of main aims of the Act a shared understanding of what is fundamentally right and wrong will lead to people having more confidence in key state bodies and that this will encourage more openness and participation in Democracy and it ultimately leads greater rights and fairness in the society.
Legal complexity that faces the issue concerning the definition of 'public authority' in the Human Rights Act section 6(3)(b) is a classic case of public ignorance of their rights or no rights because of the sheer inaccessibility of common information typecast in legal terms.
Once the Osmosis of the above scenario clears in the reader's mind it is possible to discern a pattern where as the Queen of Hearts (later rhetorically referred to as "nothing-but a pack of Cards" by Alice) is equivalent to the Modern Executive with its unfettered discretion to use and abuse its powers, lock up and detain people at its own will, apply legislation in an oppressive manner and the list goes on.
The consequence of this theory is that the Judiciary and its components, the individual judges, can discharge their professional responsibilities without being subjected to any inappropriate influence by the Executive, the Legislature or any other source.