Article 5 - Liberty & Security

Article 5 - Liberty & Security

Introduction

Article 5 ECHR 1950 principles in the UK have been severely undermined and compromised due to the introduction of terrorism legislation since 2001. This paper discusses the various aspects and perspectives of terrorism legislation along with its impact on Article 5 ECHR 1950. It further elaborates the influence of modification in laws. The challenges and issues faced by Article 5 (liberty and security) are also explained. Inspired by the UN Declaration on human rights, the Council of Europe established the European Convention for the protection of human rights and fundamental freedoms. The Convention was signed in Rome in 1950, and entered into force in 1953.

Discussion

The citizens of the States that have signed the Convention can operate judicially their own Governments on the grounds of violations of human rights under the Convention. Although all EU Member States and candidate countries are signatories to the European Convention for the protection of human rights, the European institutions are not yet linked by the same, to the extent that the EU, as a whole, has not yet signed it.

The draft Constitution provides the legal basis for the EU to also subscribe to the European Convention for the protection of human rights. The EU will be endowed with legal personality which will enable you to sign the Convention. As referred to in article 5, this new status will not affect the competences of the Union. The text of the draft Constitution does not give primacy to the Convention for the protection of human rights, as had been proposed by Euro sceptics in the Convention responsible for drafting the Letter.

Key Issues

The legal problems pertaining to Article 5 in case of terrorism legislations occurs due to rise in terrorism. Therefore, it impacts the security and liberty of UK in various manners. Thus, the issues and challenges regarding the Article were considered as the primary problem. The rise in terrorism after the incident of 2001 acted as an alarming condition for nations which have impacted them on international scale. There are several legal principle concerns for the Article to consider in this regard. The security on national and individual level is outlined providing various conditions. The circumstances for the cases were highly discusses and promoted on the legal grounds. Thus, this article holds significance in UK history.

The terrorism breaching the security and liberty is the major section in this Article which has been severely undermined and compromised due to the introduction of terrorism legislation since 2001. The underestimation of this perspective has produced the problems and consequences. The terrorism legislations have compromised the Article 5. Thus, UK is concerned due to the occurring problems and endeavours to address these problems under all circumstances. Thus, it can be stated that the Article itself has provided considerable prevention from the terrorism in terms of security and liberty but faced challenges since 2001 due to terrorism and related activities.

Legal Principles & Problems

The European Court of human rights (ECHR) ...