Human rights Essay Example | Topics and Well Written Essays - 2000 words

Human rights - Essay ExampleThe law of protest in the UK is inherently complex, with both the common law and constitutional victual playing significant roles. ThePublic aim locomote 1986is one of the major legislations that frame conditions to which protest demonstrations and marches are subject.2 This act allows the UK natural law to impose conditions that are deemed necessary for preventing property damage, public disorder, or determine protestors from intimidating others, while making it needful for the protestors to present a prior presentment to the police. Failing to adhere to the stated conditions is an offence entailing arrest beneath the common law. Besides thePublic Order Act 1986,there are various other provisions such as the stop and search provisions created under the Police and Criminal Evidence Act 19843 and the Serious Organised Crime and Police Act 2005 (SOCPA)4 that prohibit protests and demonstrations in specific areas without prior notification and permiss ion. For example, areas surrounding the Parliament Square and Trafalgar Square come underthe SOCPA designated areas. ... This essay critically analyses the same statement suggesting that the policing of protests as provided by the Public Order Act 1986 favours the interests of the state over the democratic rights of an several(prenominal) as provided by the ECHR. Discussion Under provisions made by the ECHR, the Home Office and the police are under obligations to comply with the rights set out in the treaty however, at the same clipping the provisions under the UK common law are also taken into consideration. The UK politics is required to foster all that come under its jurisdiction, which includes demonstrators, protestors, those targeted by the protestors, the public and the police.5 There are two obligation types owed by the UK under the ECHR positive and negative. A positive obligation makes it necessary for the government to frame protective or preventive measures to secur e rights listed in article 11 of the ECHR, whereas under the negative obligation they must stop from taking certain protective or preventive measures. For example, under a negative obligation the UK Government cannot place hurdles in front of those necessitying to protest.6 A positive obligation, on the other hand, helps look for protests and makes it compulsory for the government to frame measures that safeguard individuals from the actions of others (such as those targeted by the protestors or business firms against whom individuals may want to protest). oblige 11 of the ECHR makes provisions that safeguard the rights of protestors and demonstrators taking part in peaceful assemblies from state interference. Article 11 comprises two interlinked rights the right not to be stopped from associating and meeting (except