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Human rights Act notes

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These comprehensive Public Law revision notes are designed for LLB students studying at the University of London and other law schools. The notes provide clear and well-structured explanations of the core principles of Public Law, including the UK Constitution, parliamentary sovereignty, the rule of law, separation of powers, judicial review, human rights, constitutional reform, and administrative law. Important legal principles, leading case law, and exam-focused analysis are included to help students understand complex topics and prepare effectively for assignments and examinations. These notes are ideal for coursework, revision, and final exam preparation.

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HUMAN RIGHTS IN THE UK
The Equality and Human Rights Commission gives the meaning of human rights as they are
essential privileges that intrinsically relates to every person merely by asset of being human.
These rights are widespread, pertaining to everybody without discrimination depends upon
race, civilization, belief, or any other characteristic. The values supporting human rights,
mainly self-esteem, impartiality, equivalence, admiration, and freedom, are foundational
ideologies that influence how individuals must be treated within cultures. Human rights make
sure that those persons who have the liberty to show themselves, to be treated equally and
correspondingly before the law, to have their pride appreciated, and to live freely without
distress of domination or discrimination.


There are two types of human rights from which first is the civil and political rights that are
also termed as the First-generation rights and are normally concerning on individual
independence and freedoms that restrict government action such as right to live, liberty of
communication, choice of association, and the right to a fair trial. The main objective is to
protect individuals from government intrusion and confirm their capability to contribute
entirely in political practices and express themselves liberally. Second type is the social and
economic rights that are also termed as Second-generation rights and are associated with
fundamental requirements for a honorable life, such as the right to employment, the freedom
of education, the liberty to healthcare, and the right to shelter. These rights frequently involve
the distribution of state resources to meet them efficiently instead of detaining government
action. Social and economic rights might need wider social and economic alterations to be
entirely realized while Civil and political rights are seen as instantly applicable and
enforceable through legal procedures.


Another main type is collective rights that are also named as third-generation rights such as
the right to self-determination, which involves the collective rights of peoples to easily
regulate their political position, follow their financial, societal, and cultural development, and
accomplish their own matters. This type is normally linked with appointments for
decolonization, ethnic rights, and minority rights, among fights for independence and
sovereignty. It shows that certain rights and interests cannot be sufficiently secure or justified
merely through individual procedures, but need wider identification and assistance for the

,rights of groups and communities (Costigan, R. and R. Stone Civil liberties and human
rights. (Oxford: Oxford University Press, 2017) 11th edition .


THE INTERNATIONAL DIMENSION
The end of the Second World War makes a substantial worldwide departure towards the
organization of new international agreements specifically in Europe which are directed for
protecting human rights as the destructive impact of war requires urgent union, peace, and the
deterrence of future outrages. The organization of the United Nations (UN) introduced the
Universal Declaration of Human Rights (UDHR) in 1948. Successively, the International
Bill of Human Rights was developed, encompassing not only the UDHR but also two main
international treaties such as the International Covenant on Economic, Social and Cultural
Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR)
which were approved by the UN General Assembly in 1966 and arrived into force in 1976.
The ICESCR underlines economic, social, and cultural rights while the ICCPR centers on
civil and political rights.


Article 2(1) of ICCPR describes the obligations of state parties to regard and confirm the
rights protected in the Covenant for all individuals within their region and subject to their
control, without discernment of any kind depending upon factors such as race, color, gender,
language, belief, political or other view, state or communal origin, estate, birth, or other rank.


Article 2(2) of ICCPRR demonstrates that if the rights acknowledged in the Covenant are
not already secured by current laws or actions within a state then the state should take the
required measures to accept such laws or actions. These steps must be occupied in accordance
with the state's constitutional procedures and the provisions of the Covenant itself,
confirming that the rights are efficiently applied and enforced nationally.


Article 2(3) of ICCPRR describes the obligations of States Parties to the ICCPR. Article
2(3)(a) states that States Parties are obligatory to make sure that any person whose rights or
liberties are disrupted, irrespective of whether the intrusion was dedicated by individuals
proceeding in an official capability, has approach to an effectual remedy such as the
individuals should be capable to pursue compensation for human rights violations, though
those disruptions were committed by government officials or individuals. Article 2(3)(b)

, states that States Parties must make sure that persons appealing such a remedy have their
right to it identified by proficient jurisdictive, executive, or statutory authorities, or by any
other proficient authority recognized by the legal system of the state which means that
individuals have approach to fair and impartial measures for requesting remedies for human
rights violations. Article 2(3)(c) states that States Parties are required to make sure that
proficient authorities impose the remedies approved to individuals when violations are
confirmed.


Article 2 also describes obligations of States Parties to the International Covenant on
Economic, Social and Cultural Rights (ICESCR). Article 2(1) of ICESCR states that States
Parties obligate to taking measures, both separately and through international support and
collaboration, to the highest scope of their obtainable resources, to increasingly recognize the
rights accepted in the Covenant which means a assurance to constantly refining the
fulfillment of financial, social, and cultural rights over time, by means of all suitable means,
involving legislative measures.


Article 2(1) of ICESCR states that States Parties commence to make sure that the rights
preserved in the Covenant are implemented without discernment of any kind which means
that individuals should be capable to experience their financial, societal, and cultural rights
without any discernment depending upon factors such as race, color, gender, language, belief,
political or other view, state or communal origin, estate, birth, or other rank.


Article 2(1) of ICESCR describes that developing countries might face specific encounters
in ensuring financial rights to non-nationals, so developing countries are stimulated to
equalize their duties under the Covenant with respects of their national economy and
development significances, while still supporting human rights principles.


The Council of Europe was recognized in 1949 through the Statute of the Council of
Europe, that is also termed as the Treaty of London. Its establishment intended to promote
association among European states to protect human rights. One of its substantial
accomplishments was the outlining of the European Convention on Human Rights (ECHR) in
1950, which became effectual in September 1953. Primarily comprising of 10 member states,
the Council of Europe has developed to incorporate 47 Member States, all of whom have
authorized the Convention. The ECHR appeals stimulation from UDHR but is slighter in

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