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Human Rights Basics

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Submitted By shaam9
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Human rights
Background
After World War 2 the universal declaration of human rights was taken into account and adopted by the united nation commission of human rights this was done so that the same acts would not happen again in the future. The convention was written and approved by the members of the council of Europe on November 1950 and was put into force on September 1953.The convention was created to protect human rights as well as freedoms.
Due to this there was the creation of the Commission on Human Rights and the European Court of Human Rights (ECtHR).The ECtHR was put in place to take care of breaches of the convention. This would be done by one sovereign state being able to take legal action against another sovereign member state who had breached the convention rights.
The UK had approved of the Convention in 1951 but this only meant that they had to take it into consideration and did not have to act upon it, however it had to be incorporated in to the UK legal system, and this was done in 1998 through the Human Rights Act (HRA).

From the case we can see that Charlie tyke can use the Human Rights Act 1998 (HRA) to challenge the decision of the chief constable (CC). Based on the HRA 98 Convention rights S 1(1) that states that the rights and fundamental freedoms set out in articles 2 to 12 and 14 of the convention. These articles that are mentioned could be used by Charlie tyke in his case to challenge the CC as under the ECHR article

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