Human Rights And Responsibilities In Britain And Ireland

Preface to the first edition

This green paper launches a public consultation across the UK. The Government intends to involve all parts of society in discussions about the fundamental arguments for and against a new Bill of rights and responsibilities as well as the advantages and disadvantages of the individual components of any such Bill.

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

All institutions have human rights responsibilities. Some have been set up with this function and others have had human rights principles thrust upon them. This book explores how different institutions, from state entities, national human rights commissions and the judiciary, to the United Nations agencies and international courts, have engaged in human rights protection. There is analysis of their evolution in this role and the methods that they use. Northern Ireland and Bosnia & Herzegovina are illustrative of what can happen to human rights when societies are in conflict. Other chapters consider the development of international criminal law, the trouble with treaties, and the increasing pressure on corporations to demonstrate social responsibility. There is plenty of evidence that human rights protection is as important as ever and this book looks at what is required to achieve this effectively. The British Institute of Human Rights aims to further the protection of human rights through education and research. It is a charity based at King's College London.