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Human rights Act 1998: Amendment

Comment 15th March 2013

The following amendment is proposed to Section 2: 3 (continues in comments)


(a) by the Lord Chancellor or the Secretary of State, in relation to any proceedings outside Scotland, Wales and Northern Ireland;
(b) by the Secretary of State, in relation to proceedings in Scotland, Wales and Northern Island; or
(c) by a United Kingdom department, in relation to proceedings before a tribunal in its own Country of the United Kingdom—

The following amendment is proposed to Part 5d of Section 4

(5) In this section “court” means—
(a) the House of Lords;
(b) the Judicial Committee of the Privy Council;
(c) the Courts-Martial Appeal Court;
(d) in Scotland, the High Court of Justiciary sitting otherwise than as a trial court or the Court of Session;
(e) in England the High Court or the Court of Appeal;
(f) in Wales or Northern Ireland, the High Court or the Court of Appeal, until such courts fashioned as a High Court and a Court of Appeal; or a High Court of Justicary -with subsection d applicable- exsist for those countries of our United Kingdom.


The following amendment is proposed to Section 5
5 Right of Crown to intervene
(1) Where a court is considering whether to make a declaration of incompatibility, the Crown is entitled to notice in accordance with rules of court.
(2) In any case to which subsection (1) applies—
(a) a Minister of the Crown (or a person nominated by him),
(b) a member of the Scottish Executive,
(c) a Northern Ireland Minister,
(d) a Northern Ireland department,
(e) a member of  the Welsh Assembly Government,

is entitled, on giving notice in accordance with rules of court, to be joined as a party to the proceedings.

The following amendment is proposed to Section 6:
(3) In this section “public authority” includes—
(a) a court or tribunal, and
(b) any person certain of whose functions are functions of a public nature and are -or were at time of the act- vested with authority to act in the interests of the public,

The following amenedment is proposed
7 Proceedings
(1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may—
(a) bring proceedings against the authority under this Act in the appropriate court or tribunal, or
(b) rely on the Convention right or rights concerned in any legal proceedings,

but only if the claimant;

(b)(a) is (or would be) a victim of the unlawful act, or
(b)(b) is the none judicial representitive or provided advocate of; an individual who is (or would be) a victim of the unlawful act and is legally determined to be insufficently competent.

(3) If the proceedings are brought on an application for judicial review, the applicant is to be taken to have a sufficient interest in relation to the unlawful act only if they satisfy subsection (1)ba or (1)bb.

(7) For the purposes of this section, a person is a victim of an unlawful act only in satisfaction of  subsection (1)ba or (1)bb for the purposes of Article 34 of the Convention if proceedings were brought in the European Court of Human Rights in respect of that act.

Amendment:

11 Safeguard for existing human rights

A person’s reliance on a Convention right does not restrict—
(a) any other right or freedom conferred on such person by or under any law having effect in any part of the United Kingdom; or
(b) the persons right to make any claim or bring any proceedings which they could make or bring apart from sections 7 to 9.

The following amendments are proposed:

12 Freedom of expression
(1) This section applies if a court is considering whether to grant any relief which, if granted, might affect the exercise of the Convention right to freedom of expression.
(2) If the person against whom the application for relief is made (“the respondent”) is neither present nor represented, no such relief is to be granted unless the court is satisfied—
(a) that the applicant has taken all practicable steps to notify the respondent; or
(b) that there are compelling reasons why the respondent should not be notified.
(3) No such relief is to be granted so as to restrain publication before trial unless–
    (a) the court is satisfied that the applicant is likely to establish that publication should not
        be allowed, and/or;
   (b) the court is satistfied that the respondant is likely to accelerate publication to moot the  
        purpose of relief.

(4) The court must have particular regard to the importance of the Convention right to freedom of expression and, where the proceedings relate to material which the respondent claims, or which appears to the court, to be journalistic, literary or artistic material (or to conduct connected with such material), to—
(a) the extent to which—
(i) the material has, or is about to, become available to the public; or
(ii) it is, or would be, in the insterets of public safety or civil wellbeing for the material to be published;
(iii) in the case of journalistic material the likelyhood of none self-inflicted endangerment or damage to the applicants physical or mental health should the material be based on information or presented in a fashion that may be later found to be, Malicious, Inaccurate or unlawful.

Further amendments:

SCHEDULE 1 The Articles

1 Everyone’s right to life shall be protected by law. No person shall be deprived of thier life intentionally save–

 (a) in the execution of a sentence, laid upon said person by agreement of three lawful courts following said persons thrice agreed conviction of a crime for which this penalty is provided by law.

Article 3 Prohibition of torture

No person shall be–

 (i)  intentionally or maliciously subjected to any act by which is caused significant pain or suffering, whether physical, emotional or mental.
 (ii) subjected to inhuman, dehumanizing or degrading treatment or punishment.

Article 4 Prohibition of slavery and forced labour

1 No one shall be held in slavery or servitude-
   (i) As a penalty provided by law.
  (ii) As a means of profit, torture or penalty.
  (iii) By any culture, organisation, relatives or group.
  (iiii) Without their direct, uncoerced, individual attianment of a notarial will.
  (iiiii) Without recourse or capacity to revoke forementioned will or have said will revoked by probate court, tribunal or lawful court.

2 No one shall be required to perform forced or compulsory labour.

Article 5 Right to liberty and security

(d) the detention of a minor by lawful order for the purpose of public safety, or the detention of a minor deemed 'competent' by lawful order for the purpose of educational supervison or the minors lawful detention for the purpose of bringing him before the competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading of infectious uncommon or fatal diseases, of persons of harmfully unsound mind, alcoholics or drug addicts or vagrants;

2 Everyone who is arrested shall be informed promptly, in a language or by methord which they best understand, of the reasons for thier arrest, thier rights while under arrest and of any charges against them.

3 Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

4 Everyone who is deprived of thier liberty by arrest or detention shall be entitled to take proceedings and be granted means or assistance by which to take proceedings by which the lawfulness of thier detention shall be decided speedily by a court and thier release ordered if the detention is not lawful.

5 Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.

Why does this matter?

" … " means intervening sections are unamended, had to continue in comments so read them first before voting please!

 

The amendment (to Section 2, part 3) graces the consitutent countries of the UK with thier own ability and responsibility to interpret the Convention of Human Rights while retaining the power of the secretary of state to intervene.

The second amendment (to Section 4, part 5) graces the consitutent countries of the UK with thier own ability and responsibility to declare incompatibility.

The third amendment (to Section 5, part 1) graces all the consitutent countries of the UK with thier own ability and responsibility to be joined as a party to proceedings.

The fourth amendment (to section 6, part b) extends the definition of those who we're at the time of act but are no longer; as public authority.

The fifth amendment (to section 7, part 1b and part 3) removes gender specific language and empowers a layperson or advocate to represent someone who cannot represent themselves.

The sixth amendment removes gender specific language.

The seventh amendment empowers the court to restrain publication if they are satisfied publication may be accelerated in order to moot relief or if the journalistic material is likely to endanger the applicant in the near future without good cause.

The eight amendment removes gender specific language.

Amendment to article 1, requirement for THREE courts/judges (instead of one) to independantly sign off on the death sentence should the penalty become law again.

Amendment to article 3, clarity improvement.

Amendment to article 4, balanced out so that BDSM relationships no longer technically violate international law.

Amendment to article 5, clarity improvement (can no longer detain a none competent minor for educational supervision, can no longer be detained for have the common Cold or being abit strange of mind)

More clarity amendments to account for gender and disabled people during arrest, interveiw etc.

Amendment to article 6, same, clarity clean ups and protection for those yet to be convicted.

addition of rights to cover disabled people and remove gender specifics

Amendment to article 8, clarity clean ups and requirement for 'national security' interests to be demonstratable as opposed to just "in the interests of national security".

Amendments to 9 10 and 11, clarity clean up, apparently we only have the right to change our belief (only one at a time? only once? XD).

Amendment to article 12: more inline with human rights text and article 14, is restricted according to national laws however.

Amendment 14: clarity, added some like diasabled people etc that somehow got missed of the 'examples' list….

amendment to first protocol article 1: more clarity clean up/removal of gender specific language

article 2: added for clarity "without bias, favour".

Sixth protocol: death penalty.

restricted the heck out of the death penalty incase it ever becomes lawful penalty again.

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