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The Effect of English Law Human Rights Act 1998 - Essay Example

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The United Kingdom enacted the Human Rights Act 1998 to incorporate the provisions of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms into its national law. This Act has drastically changed the laws of the UK. Prior to the introduction of…
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The Effect of English Law Human Rights Act 1998
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The Effect of English Law Human Rights Act 1998

Download file to see previous pages... The courts in the UK are required to give effect to the provisions of the ECHR, which bestows new powers upon the UK judges. It also requires public authorities to comply with the provisions of the ECHR. In the area of employment law, the HRA focuses on unfair dismissal of employees. The present employment law is effective in protecting the interests of employees. However, in the wake of the HRA, employers would have to be more cautious in their dealings with their employees (Human Rights Act takes effect, 2000).
The Human Rights Act 1998 introduces several provisions that relate to employment law. The Act prohibits the unfair dismissal of employees. For instance, Eurostar, reinstated two female employees, it had dismissed for wearing trousers, due to the enactment of the Human Rights Act. The dismissal of female employees, on grounds of inappropriate dress, is generally on the basis of a substantial reason. This clause has been removed by the new Act. However, it does not provide any novel and enforceable rights to employees (Hirst, 2000, 3).
Some rights under the European Convention on Human Rights, such as the Article 3 rights that prohibit torture, or subjection to inhuman or degrading treatment, are absolute rights. Judges are required to maintain a balance between the rights and the responsibilities of individuals with regard to their commercial interests. Article 9 provides the right to hold religious beliefs. This is an absolute right; and individuals have the right to manifest their religious beliefs through worship, teaching, practice and observance. These activities can be conducted, either in private or in the public (Lammy).
Although it is absolute in nature, it has to be limited to ensure the interests of public safety and to protect public order. The rights and freedoms of people belonging to other religions have to be respected. As ...Download file to see next pagesRead More
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