JollyGiant wrote:The concept of Human Rights is a good thing, it should provide a moral framework which we all aspire to. The problem lies with the current Human Rights legislation and how it applies in practice. It's too vague, and open to interpretation.
In my opinion there should be no Human Rights legislation because it's too difficult to define (try thinking of every conceivable way a person could be slighted), and concerns an individuals state of mind based on their own experiences and prejudices. The concept should remain, but instead of promoting victimization, it should promote individual responsibility.
Interesting points. What I would say, WHOSE moral framework is used is important. Hitler thought what he was doing was moral.
Regarding the scope of HR legislation - damn right. The same provisions of the US Constitution have been interpreted to forbid and permit abortion.
However, legislation is needed - Lon Fuller wrote that there was no greater diminution of human rights than unpublished laws, so we do need a positive legislative framework. But the Human Rights Act is too vagie. The European Convention, on which it is based, was deliberately left vague as an international treaty. Judges are contstructing it way to broad and do NOT pay attention to the second paragraphs of ALL the articles bar perhaps one or two, that allow derogations from the rights provided they are proportionate (i.e. the aim of the impugned legislation of administrative act could npt be achieved any other way), in accordance with the law and necessary for national security, protection of morals, etc.
Perhaps it is time to go further and expressly legislate for certain categories of claim to be excluded, for instance, one where no palpable harm is done.
Does anyone feel happeir since the Human Rights Act? People feel angry, not more protected. And it is peverse that civil liberties have decreased under Labour.
(If anyone is sad enough to want me to explain the difference between human rights and civil libs, I will!)
I'm Barry Scott.
