NEGLIGENCE IN TORT

Negligence in Tort

Negligence in Tort

Question 1

How do Charles Mandox's views on liberty and rights differ from most modern understanding or interpretation of human rights under the European Convention of Human Rights and the Human Rights Act?

To answer this question lets discuss in brief about the Human Rights Act 1998 that incorporates the European Convention on Human Rights (ECHR) into British law. This means that a public authority, including government agencies, hospitals and even courts cannot act in a way which breaches those rights. According to the Article 8 of the European Convention on Human Rights which explicitly states that everyone has the right to respect for his private and family life, his home and his correspondence. The corresponding Article 10 of the European Convention on Human Rights sets out a range of limitations on free speech. Although the convention draws its inspiration from the declaration, it is a legally enforceable code and thus requires recourse to mechanisms for overriding particular rights.

And there can be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is a measure which, in a democratic society, is necessary for national security, to public safety or the economic well-being of the country, the prevention of disorder and the prevention of crime, protection of health or morals or the protection of rights and freedoms of others. The ECHR is the engine of the Human Right Act, which is the bodywork surrounding it (Rothe, 2006, pp.1-7, Article 08). The UK Government firmly believes that each citizen should enjoy basic human rights and a freedom to which person has the right to their daily lives. Respect for human rights forms the basis of life in the UK. The UK government, nongovernmental organizations and charities also play a crucial role in ensuring the importance of human rights around the world. The Human Rights Act 1998 defines the social, economic and partisan rights of British citizens, including:

1. Protection from crime;

2. Freedom of expression in religion and politics;

3. Protection against abuse of the system has entitled, such as - the arrest or imprisonment without trial;

4. Equality of rights, which guarantees non-discrimination;

5. Economic rights education and protection against extreme poverty or hunger.

The Human Rights Act 1998 has an impact on own aspects of daily life, including:

1. Racial Discrimination;

2. Age discrimination;

3. Religion and belief;

4. Protecting people from discrimination based on disability;

5. Discrimination based on sex;

European Legislation and, Case Law

The law of the European Union consists of the Treaties (primary legislation) and legislation (secondary legislation) made by the European institutions (directives, regulations). More broadly, the "law of the European Union" includes the fundamental rights, the general principles of law, the jurisprudence of the Court and the union law has binding effects against Member States, and, their nationals that provide a unified legal protection to all citizens.

An absolute right is a right that can never be ...