Essay about The Human Rights Act
The Human Rights Act 1998 incorporates into domestic law the ECHR to which the UK has been committed since 1951. The Act modernises relationships between people and the State.
The Act has brought huge responsibilities across the UK and one such responsibility is with regards to Article 2(the protection of the right to life) & Article 3(No one shall be subjected to torture or to inhuman or degrading treatment). Article 2 & 3 imposes on the State positive obligations in that the securing of certain conventional rights can only be achieved by State action to regulate certain types of conduct.
Article 2 is one of the 'most fundamental provisions in the Convention' as it …show more content…
A positive obligation arises where the authorities knew or ought to have known of a real and immediate risk to an identified person and they did not do all that could be reasonably expected of them to avoid such a risk.
The obligation has extended to protect identified individuals from a threat