tag:blogger.com,1999:blog-6110794854146484721.post7756108030340361997..comments2024-03-29T08:05:56.264+00:00Comments on Law and Lawyers: Human Rights ~ recent newsObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-6110794854146484721.post-78496987115545651302012-09-11T09:32:30.826+01:002012-09-11T09:32:30.826+01:00Anonymous - So many points! There are certainly p...Anonymous - So many points! There are certainly politicians in the UK would wish to curtail "human rights" and, in particular, access to the European Court of Human Rights. These politicians are backed up by elements in the popular media but the latter will be screaming about their rights if and when Lord Justice Leveson recommends a statutory regulation.<br /><br />Habeas Corpus exists and I have not heard of any attempt to replace it but recourse to it is rarely needed today since other procedures exist.<br /><br />You now begin to mix the EU and Human Rights. The European Convention on Human Rights is a product of the Council of Europe and not the EU. However, the EU does not ignore the Convention and work continues towards the EU itself being directly subjected to the European Convention on Human Rights.<br /><br />EU law has a supremacy over national laws. A complex topic here which covers a considerable number of pages in the textbooks.<br /><br />It is possible the separate parts of the UK could end up with separate rights. For example, there are a number of issues peculiar to Northern Ireland. If Scotland goes independent then it will no doubt do its own thing and would (I think) have to sign up separately to the European Convention on HR. However, whatever happens internally, the UK (or what remains of it) would be bound by the European Convention.<br /><br />Mental Health is another major topic. Many of the legal questions which arise in this area of the law are dealt with by the Mental Capacity Act and by the Court of Protection in the event of disputes. I doubt that the existing legislation in the mental capacity area will be demolished by any form of human rights legislation. Legislation in the UK is generally well compatible with the European Convention. Only in quite a small number of cases have UK courts made declarations of incompatibility. The UK has been found wanting in many areas by the European Court of HR but this tends to be in areas where older legislation or common law prevailed. The UK has generally modified its law so as to comply with the Convention.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-34300149796519533842012-09-11T00:16:16.960+01:002012-09-11T00:16:16.960+01:0010 September 2012
I am fascinated to read this blo...10 September 2012<br />I am fascinated to read this blog about Human Rights as the UK seems to be in a dither as to whether or not we should actually have them or not.<br />Habeas Corpus is still used but for how much longer?<br />Will a Bill of Rights be superior to any EU legislation?<br />Will Luxemburg trump London?<br />Will the individual nations of Northern Ireland, Wales, Scotland and England have different and separate Rights?<br />What happens if Scotland becomes Devolution Max?<br />What happens if Scotland gains full independence?<br />Whose rights prevail when there are competing interests such as people who are deemed to be mentally incapacitous?<br />Whose rights prevail when there are competing interests such as people who are deemed to have mental health problems – and don’t forget that the Department of Health has stated that a quarter of the population at some point in their <br />lives has mental health problems/illness.<br />Can it ever be justified under Article 8 of the Human Rights Act to detain a person on grounds of “health and safety” when the person him or herself wishes NOT to be placed in detention regardless of what anyone else says?<br />This is the root problem in my opinion of Mental Health and Mental Capacity legislation that it is the “Nanny knows best” mentality that removes <br />individual freedom of liberty, freedom of expression, freedom of thought and freedom to make choices.<br />In effect, I hope that the Mental Health Act 2007 and Mental Capacity Act 2005 are demolished by the Human Rights legislation.<br /> Rosemary Cantwell<br /> law student<br /> <br /><br />Anonymousnoreply@blogger.com