Human Rights Essay Example | Topics and Well Written Essays - 4000 words - 3

Human Rights - Essay Example Further, Section 3, sub section 2, delineated that the validity of this provision of legislation applies to such kind of primary legislation, which could be state courts of member countries, but in no way, could impinges upon enforcement and operation ability of existing laws, that are not in consistency with laws of the ECHR, or in the enforcement of inconsistent lower legislation, should the primary legislation not be competent enough, to take cognisance of such secondary legislation enforcement. Thus effectively, it is seen that apropos HRA 1998, British Courts are themselves required to act compatibly with the Convention, thus putting broader responsibility on them to incorporate and apply the Convention and its elucidation by the European Court of Human Rights. UK courts are also privileged to amend specific provisions of UK laws to make them in line with European Convention, provided it does not disagree with the express intentions of UK Parliament.  2 The main idea behind this however, is that that secondary laws in countries could still co-exist, independent of the fact that ECHR laws are inconsistent with them, or cannot be enforced in certain contexts. 3 Normally it is seen that in case of European Convention laws clashing with State or domestic laws, it is necessary for local laws to be amended in order to provide for implementation of EC laws and conventions. But perhaps this is not applicable in the case of ECHR laws which deal with Human rights. But in the cases of ECHR, it is believed that the verdicts of national courts determine internal laws, and it is to these decisions that law of precedents need to be applied. Therefore, the application of European laws needs to respect the framework of domestic and local laws in its installation and enforcement of diktats. 4 The ECHR broadly lays down the various articles that underpin the enforcement of various human right laws in the United Kingdoms and