2014The International Journal of Human RightsRequires access

Positive obligations and Article 4 of the European Convention on Human Rights: a defence of the UK's Human Rights Act 1998

Ian Turner

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Abstract

The Human Rights Act 1998 came into effect in the UK in 2000, incorporating specific Articles of the European Convention on Human Rights, such as the freedoms from torture (Article 3) and slavery (Article 4), into British law. But this legislation, and the rights it enshrines, are under severe attack from politicians and sections of the British press. This article presents a strong defence of the statute, by reference to one of its notable achievements: the obligation it imposed on the UK to outlaw the holding of a person in slavery or servitude, or compelling them to perform compulsory labour.

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What this paper is about

The Human Rights Act 1998 came into effect in the UK in 2000, incorporating specific Articles of the European Convention on Human Rights, such as the freedoms from torture (Article 3) and slavery (Article 4), into British law. But this legislation, and the rights it enshrines, are under severe attack from politicians and sections of the British press. This article presents a strong defence of the statute, by reference to one of its notable achievements: the obligation it imposed on the UK to outlaw the holding of a person in slavery or servitude, or compelling them to perform compulsory labour.

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Available abstract

The Human Rights Act 1998 came into effect in the UK in 2000, incorporating specific Articles of the European Convention on Human Rights, such as the freedoms from torture (Article 3) and slavery (Article 4), into British law. But this legislation, and the rights it enshrines, are under severe attack from politicians and sections of the British press. This article presents a strong defence of the statute, by reference to one of its notable achievements: the obligation it imposed on the UK to outlaw the holding of a person in slavery or servitude, or compelling them to perform compulsory labour.

Key concepts: Human rights, Torture, Law, Convention, International human rights law, Political science, Ex post facto law, Obligation

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Positive obligations and Article 4 of the European Convention on Human Rights: a defence of the UK's Human Rights Act 1998 — Research Paper | ScholarLens