Human Rights Act Research Articles

Human Rights with Focus on Gender, Race, and Religion: A Comparative Study Between Jordanian Legislation and International Human Rights Acts

This study sheds light on the role of Jordanian legislation in implementing human rights. It focuses on the development of Jordanian laws to adjust with the current advice to help put an end to discrimination within its society. In addition to discussing the atrocities people of minorities suffer from because of their race, sex, and religion, this research focuses on the root issues that lead to discrimination. This research also focuses on the psyche behind discriminatory acts to further establish what could cause these gaps between the population of people in our current time. It includes the different treaties and laws that punish crimes fueled by hate towards those who are considered different and introduces the possible solutions to assist in eliminating this problem.

Substantive Equality and the Possibilities of the Queensland Human Rights Act 2019

The passage of the Human Rights Act 2019 (Qld) (‘HRA 2019’) was a significant achievement, particularly in a state often known for its parochial conservatism and disinterest in, if not outright rejection of, human rights. The HRA 2019 is substantially based upon the human rights Acts in place in Victoria and the Australian Capital Territory. However, there are some small, but potentially important differences between the HRA 2019 and the corresponding state and territory equivalents. In this article, I focus on one of these differences: the definition of discrimination contained in the HRA 2019. Unlike the Charter of Human Rights and Responsibilities Act 2006 (Vic) the definition of discrimination in the HRA 2019 is not tied to the definition or grounds of discrimination in the state discrimination legislation. This small but important distinction could feasibly allow courts to define discrimination and the broader notion of equality in a more substantive manner, covering a wider variety of actions and conduct, and apply that wider definition to a broader range of attributes (commonly understood as ‘grounds’). The purpose of this article is to consider the possibilities and potential challenges confronting Queensland courts in broadening the definition of discrimination in the context of HRA 2019. I argue that, though a substantive interpretation of discrimination and equality is challenging and requires a degree of ‘creativity’ on the part of judges, it is a challenge worth undertaking.

The Nelson inquest: Relevance of the Victorian Charter to the coronial function of preventing deaths in custody

The 2023 coronial inquest findings into the death of Aboriginal woman, Ms Veronica Nelson, in a Victorian prison represents a high-water mark for the relevance and application of the Victorian Charter of Human Rights and Responsibilities Act 2006 to inquests into deaths in custody. The reliance on the Victorian Charter in the inquest was particularly significant because of the detailed findings and recommendations, directed at a wide variety of criminal justice system agencies, intended to prevent future deaths in custody. The outcome of the inquest clearly demonstrates that Human Rights Acts can enhance the preventive function of coroners in Australia.

Discretionary Space and Declarations of Incompatibility

The Human Rights Act (HRA) has long been hailed for solving the historic tension between judicial oversight of rights protection and democratic legitimacy through the ‘elegant’ and ‘ingenious schem...

Human Rights in Action. Assessing the Positive Impact of the Human Rights Act 1998 in the UK

When the Independent Human Rights Act Review (IHRAR) was announced, the Human Rights in Action (HRiA) team were reassured, on the one hand, to see that its overriding mission would be to consider how the Human Rights Act (HRA) is working in practice and whether any change is needed. But on the other hand, we were concerned, first by the fact that the IHRAR’s “terms of reference frame[d] the review against a politically polarised backdrop - concerning how it allegedly allows the judiciary to usurp the power of the executive for instance” and, secondly, by the fact that the terms of reference “fail to ask the cardinal question of whether the HRA has effectively protected individual rights in the UK”. As academic human rights experts who have observed, analysed and, in collaboration with others, worked to promote – through our scholarship, teaching and public engagement activity – the indisputable positive influence of the HRA in protecting human rights in the UK, we were strongly motivated to join forces, with the ambition of providing comprehensive, evidence-based responses to the key questions being asked by the IHRAR. The HRiA project reflects, and is the mechanism that allows us to pursue, this ambition. In the context of this project, the HRiA team invited some of the foremost human rights experts in their fields to answer the fundamental question of how the HRA has shaped UK law and UK courts over the last two decades, and to consider the questions that the IHRAR asked in its call for evidence. The HRiA submission to the IHRAR comprises 20 contributions by 26 experts which provide answers to some of the IHRAR’s central questions, while taking particular care to highlight the continuous positive impact of the HRA in human rights protection in the UK. The individual expert contributions are reproduced in their entirety in this submission, and we are submitting them to the IHRAR with the hope that they will inform its work. We feel that, read together, they highlight the significant value of the HRA to the lives of everyone in the UK. Taking into account that this report is not a submission from a single author but a product created by a group of independent experts, we have exceeded the suggested maximum word count for a single submission. We have made all of the contributions from the HRiA project available on our website, which we will continue to update with new contributions in the future. In addition to informing the IHRAR’s work, we remain committed to engaging with the wider public to show the positive impact of the HRA and alerting them to the risks inherent in the potential undermining of its key protections.

The ECHR, the HRA and Protecting Human Rights in the UK: A View from International Law

As a working paper, it reflects on the interplay between the European Convention on Human Rights (ECHR) and the Human Rights Act (HRA) as human rights laws protecting human rights in the UK. It is centred on the premise that the interplay is one of a relationship between international law and domestic law, specifically the implementation of international law via a domestic statute

Harmful cultural practices and HIV stigma as psychosocial issues in North Central Nigeria

PurposeThe purpose of this study is to explore the influence of harmful cultural practices and its implications on stigmatization and the spread of HIV infection among people diagnosed with HIV in North Central Nigeria. It will help to identify the cultural values that pose a threat to the social, health and psychological well-being of the members of the society. This study will provide recommendations through educational teachings to community leaders and policymakers for health-care protection through Human Rights Act.Design/methodology/approachThis study uses the qualitative phenomenological research design through a face-to-face in-depth interview to collect data using the audio recorder and field notes. Purposive sampling technique was used to recruit, from three selected hospitals, 20 participants aged 18 years–56 years who gave their consent by filling the informed consent form between April 2019 and July 2019. The data collected were analyzed through thematic analysis using ATLAS.ti 8 software. Also, thematic network analysis was used to visualize the themes, sub-themes and quotations.FindingsThe study findings indicate that sociocultural factors and HIV stigma in Nigeria are significant psychosocial problems that have adverse implications for health and psychological well-being. These problems contribute to the harmful traditional practices, thereby making people vulnerable to contracting HIV infection. The nontherapeutic practices of female genital mutilation, sexual intercourse during menstruation and tribal marks or scarification cause medical complications such as vesicovaginal fistula, rectovaginal fistula and HIV infection. Also, the practice of 18 months of sexual abstinence during breastfeeding predisposes couples to extramarital affairs and HIV infections. The findings also reveal that lack of education contributes to gender inequality.Originality/valueThe research uses a scientific method using ATLAS.ti 8 software for the transcription, organization and thematic analysis of the qualitative data. The study findings will benefit specifically the young girls and women who are usually the victims of the harmful cultural practices of female genital mutilation, gender inequality, sexual intercourse during menstruation and lack of female education in North Central Nigeria. Also, this study will serve as a relevant document and guide for policy implementation of Human and Child Rights Acts against all harmful cultural practices and gender inequality.

COVID-19 and the Australian Human Rights Acts

This article considers how the response to COVID-19 in Australia may be examined and challenged by the Human Rights Act 2004 (ACT), the Charter of Human Rights and Responsibilities 2006 (Vic) and the Human Rights Act 2019 (Qld) (collectively, the Australian HRAs). It also considers the unique model of rights protection provided at the Commonwealth level under the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) (2011 Act). The authors argue the Australian HRAs and the 2011 Act have the potential to play a key role in scrutinising some laws implementing the COVID-19 measures, and action taken under those laws.

The Impacts and Implications of Human Rights upon the EU and the UK Arbitration Process

One of the most significant and fundamental sources of law regarding legal rules agains bias can be found in the European Human Rights Law, which has intrinsically stipulated that a decision maker must be independent, impartial and hence clear of bias. In 1950, the 47 states of the Council of Europe, including the United Kingdom, signed the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).1 Accordingly, provisions contained in the ECHR have been incorporated into domestic laws of member states. In 1998, the guaranteed rights of the ECHR have been successfully incorporated into the United Kingdom domestic law by means of the Human Rights Act (HRA). Accordingly it is essential to apprehend the magnitude of the human rights impact and its extended application and implication bon the arbitration process across the EU and UK. In the attempt to answer such question, I will divide my answer into three main parts. In the first part, I will set out and unpack Article 6 of the Convention and explain how theses provisions contained in Article 6 are applicable to Arbitration. Secondly, we will be looking at the shifts between the applications of the tests against bias used in the EU, the UK in particular. In the final part of this essay, the main discussion would be placed upon assessing the efficiency and effectiveness of the current bias test and to examine whether or not the test currently and commonly employed in the UK should be improved or replaced.

A Comparative Analysis of North Korean Human Rights Acts of South Korea, the United States, and Japan

A Comparative Analysis of North Korean Human Rights Acts of South Korea, the United States, and Japan

Human rights can inform end of life care.

A palliative care charity has developed a new approach to end of life care based on the Human Rights Act (HRA).

A Magna Carta for all humanity: homing in on human rights

INTRODUCTION: The Magna Carta: marvel or myth? SECTION ONE: HUMAN RIGHTS: A TIME TRAVELLERS' GUIDE. 1. First stop: in search of British values. 2. Fast -forward to the Universal Declaration of Human Rights. 3. Exploring the Human Rights Ethic. 4. The meaning of 'universal'. 5. Conclusion: inspiration or foundation? Section One Anthology of other work by the author. SECTION TWO: WHEN UNIVERSAL HUMAN RIGHTS HIT HOME: THE HUMAN RIGHTS ACT CONTROVERSY UNCUT. 6. The disputed parentage of the ECHR. 7. On the road to the HRA. 8. Principles and values. 9. Critiques and Controversies. 10. Back to the future? 11. Conclusion: Human Rights: endgame or lit flame? Section Two Anthology of other work by the author.

The Right to Privacy and Continuous Overstepping by the Press

The right to privacy has been incorporated in the UK through Human Rights Act 1998 which is in consonance with Article 8 of the European Convention on Human Rights (ECHR). However, since the UK does not have a statutory law that explicitly deals with right to privacy, the judiciary had to be involved in several cases to interpret the laws of privacy and the role of Press in terms of expression. Disputes about whether the Press is overstepping have plagued the English legal landscape for several years and the question still remains whether privacy laws can give rise to an independent tort of privacy. The first instance of a legislation that limited what the Press could write was the Judicial Proceedings (regulation of reports) Act 1926. However, it was not until passing of the Human Rights Act (HRA) in 1988 that finally led to privacy rights in the UK. The HRA was a big step towards protection of human rights and privacy rights of individuals in the UK.Today, there has been huge number of incidents where the Press has overstepped and published personal information for the sake of news. In Von Hannover v Germany6, the European Court of Justice held that photographs that depicted Princess Caroline in her day-to-day activities were purely private and were not open for publication. Privacy laws in the UK and the freedom of speech enjoyed by the Press was called into question in 2008 with the Max Mosley7 judgment and thereafter movie actress Sienna Miller also fought a legal battle against News International for breach of her privacy.8 However, in spite of such actions by the Press, there has been no real legislation incorporated by the government to protect the privacy rights of individuals. There is clearly a need for legislation to settle such disputes and frame clear regulations that demarcate between freedom of expression and privacy rights. The privacy rights in UK need to be strengthened to provide better protection and rights to the individuals. The Press has continuously overtaken the rights of individuals and invaded in private lives which need to be stopped by the government by enacting legislations that clearly protect right to privacy. Having independent bodies that regulate the Press cannot be considered as a way to protect the rights of individuals and balance it with the freedom of expression enjoyed by the Press. There has to be a clear demarcation between the two rights.

The Human Rights Act: Ambiguity about Parliamentary Sovereignty

The Human Rights Act: Ambiguity about Parliamentary Sovereignty

Права людини: демократичний шлях

The article deals with the problem of the relation of political and legal functions of the human rights principally in the constitutional context of the Commonwealth of Nations. The author advocates the position of legalism, or ethical positivism, involving a model of the rule of law, according to which human rights Acts must serve legislative, rather than judicial, review that would facilitate both individual autonomy and democratic effectiveness.

The Conservative Party and Constitutional Reform: Revisiting the Conservative Dilemma through Cameron's Bill of Rights

In June 2006 the Conservative Party leader, David Cameron made a speech to the Centre for Policy Studies. In it he committed a future Conservative government to repeal the Human Rights Act (HRA) and replace it with a British Bill of Rights (BBoR). The purpose of this article is to subject David Camerons BBoR proposal to closer scrutiny by placing it in the wider context of Conservative thinking about constitutional reform. It does this by revisiting an essay published in 1980 by the late and distinguished political scientist, Nevil Johnson, where he explored some of the core dilemmas for Conservatives that arise when they find themselves in the position of protagonists for constitutional reform in Britain. It is argued in this article that Johnsons original essay offers a useful analytical lens through which to consider further David Camerons proposal to replace the HRA with a BBoR. The central argument of the article is that Camerons approach to addressing Conservative concerns about human rights law in Britain by advocating the repeal of the HRA and replacing it with a BBoR is inconsistent with many of the key themes of a generally orthodox conservative approach to constitutional reform.

The Exclusionary Rule in Criminal Procedure: a comparative study of the English, American, and Japanese approaches

Paper in which the author aims to compare the reasoning of and approaches to the exclusion of certain evidence in criminal litigation in England, in the United States and in Japan, with reference in particular to the potential impact of the Human Rights Acts 1998 on the increased possibility that the defence challenge the admissibility of prosecution evidence alleging breach of the European Convention on Human Rights. Article by Ryo Ogiso (Associate Professor, Faculty of Law, Komazawa University, Tokyo, Japan. Published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.

Profoundly Un‐Conservative? David Cameron and the UK Bill of Rights Debate

This article considers David Cameron's proposal to repeal the Human Rights Act (HRA) and replace it with a British Bill of Rights. Cameron's proposal has been heavily criticised by a range of political, academic and non‐state actors and was described by a current senior Coalition Cabinet member as ‘xenophobic’ and ‘legal nonsense’. This article takes a slightly different direction to those lines of attack and critique that have been developed of the Conservative's proposals. The central proposition of the article is that Cameron's proposal is profoundly un‐Conservative at two levels. Firstly, at the level of Conservative approaches to constitutional reform and secondly, at the level of Conservative political philosophy.

The Impact of the Human Rights Act 1998 on Policing in England and Wales

This article explores the impact of the Human Rights Act (HRA) 1998 on the police service of England and Wales. It draws upon qualitative data produced during interviews with police personnel to provide the first empirical study of the influence of the HRA on the police service at an organizational level and on the day-to-day working practices of police officers. Whilst the fundamental aim of the HRA is to protect and enhance citizens’ rights and freedoms, we argue that there is little evidence to suggest that it has promoted a greater awareness of, and respect for, human rights amongst police officers. Rather, the HRA has become institutionalized by the police service into a series of bureaucratic processes that, although requiring conformity by officers, do not encourage active consideration of human rights issues. Instead of shaping police work to make it more responsive to human rights, bureaucratic processes are used by officers to legitimize and justify their existing practices. Focusing on ‘risks’ rather than ‘rights’, officers satisfy the ‘tests’ introduced by the HRA through an assessment of the dangers posed by particular individuals and crime types and the resource implications of effectively managing them. An important result of this is that the HRA is not used to achieve a balance between individual rights and community interests, but becomes a framework for mandating police decision making and protecting officers from criticism and blame.

Mechanisms of Health Care Accountability, Marketisation and the Elusive State

In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which NHS and private health providers can be held to account through principles of judicial review, or the Human Rights Act (HRA) for failure to provide access to publicly funded health care. Moreover a range of non judicial mechanisms have been developed, for monitoring standards and promoting transparency, participation and equality in the provision of NHS services. This article recognises that an important symbiosis has developed between administrative law courts and non-judicial mechanisms to enhance equality of opportunity and transparency in the distribution of health care resources. However, it also argues, that the unimpeded advance of corporate providers into NHS clinical services reflects a critical gap in the potential to hold government to account for failure to provide access to publicly funded health services, in accordance with commitments in Article 12 of the International Covenant on Economic Social and Cultural Rights (ICESCR).