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Part one This should consist of a discussion of s 1 Human Rights Act 1998 and Sch 1.You should note in particular that Articles 1 and 13 have not been included within the scope of Convention rights.If a member of your family dies in circumstances that involve the state, you may have the right to an investigation.
Case summary taken from Human rights, human lives: a guide to the Human Rights Act for public authorities, which shares examples and legal case studies that show how human rights work in practice.
Chapter 14 Essay answer 1 This answer divides into three parts.
Due to limited resources, the state might not always be able fulfil this obligation.
This could mean, for example, that the state does not have to provide life-saving drugs to everyone in all circumstances.
In this part of the answer you need to discuss the:? In addition, your answer should include any relevant case law contained in this guide and conduct a comprehensive analysis.
Part two Parliament: Here, you should focus on s 19 which requires a minister or sponsor of a bill to make a declaration of compatibility.(Example provided by the British Institute of Human Rights) 1.Everyone’s right to life shall be protected by law.Section 3 - The obligation to interpret statutes in accordance with Convention rights is an important way of giving effect to those rights. Section 8 - This deals with the nature and scope of judicial remedies and restricts these to the remedies already available to the courts.Sections 6 and 7 give individuals directly enforceable rights against public authorities. You should also mention that Article 13 of the European Convention has not been incorporated by the European Convention.No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which the penalty is provided by law. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: A woman suffering from an incurable degenerative disease wanted to control when and how she died.To avoid an undignified death, she wanted her husband to help her take her life.Essay answer 2 This question links the subject of human rights with roles of the functions and organs of government discussed in Chapter 3.Some parts of Chapter 5 and Chapter 6 might also be useful. Part one Here you should concentrate on the judicial role including: Section 2 - Here you should discuss the judicial obligation to take into account the jurisprudence of the European Court of Human Rights.Article 2 of the Human Rights Act protects your right to life.This means that nobody, including the Government, can try to end your life.