Human Rights Act
Discussion
hesnotthemessiah said:
davepoth said:
Athlon said:
Interfere with someones human rights, forfeit your own.
And that's pretty much all the new law would need to say. Either "human rights" exist or they don't. You can't just pick and choose when they apply. It's like the standard PH argument that everyone should obey all the laws except that "I" feel entitled to break the speed limit whenever "I" see fit.
Ozzie Osmond said:
Brilliant, just brilliant.
Either "human rights" exist or they don't. You can't just pick and choose when they apply. It's like the standard PH argument that everyone should obey all the laws except that "I" feel entitled to break the speed limit whenever "I" see fit.
No, that's not the case. The PH argument is that speed limits are in the main wrong, not that they are better than the speed limit. We have the right to complain about laws, enshrined by the Human Rights Act.Either "human rights" exist or they don't. You can't just pick and choose when they apply. It's like the standard PH argument that everyone should obey all the laws except that "I" feel entitled to break the speed limit whenever "I" see fit.
But where there is a victim of a crime, and that victim has in some way been stripped of their rights, why does the law protect the rights of the criminal?
So for example the guy who goes to rob a house and cuts himself on barbed wire. At the moment he can claim damages for his cut hand. If we suspend his human rights for the period in which he was involved in robbing, he has no claim.
Or, convicted criminals in prison. Do they deserve to vote? I don't believe they do. But it's a human right to vote (by case law) so that would mean that they should have the right to vote.
Essentially, the suspension of certain provisions of the HRA seems to me logical if it is limited to damage claims resulting from the commissioning of a criminal offence, and custodial sentences.
We all should have a responsibility to not commit criminal offences.
GentleFellow said:
But essentially, you think a HRA is a good thing?
Yes, it's a great thing; the closest thing we have to a Bill of Rights, and the opportunity, through the ECtHR, to have important matters heard in a binding court outside of the UK's control. It's completely out of control now though. davepoth said:
No, that's not the case. The PH argument is that speed limits are in the main wrong, not that they are better than the speed limit. We have the right to complain about laws, enshrined by the Human Rights Act.
But where there is a victim of a crime, and that victim has in some way been stripped of their rights, why does the law protect the rights of the criminal?
So for example the guy who goes to rob a house and cuts himself on barbed wire. At the moment he can claim damages for his cut hand. If we suspend his human rights for the period in which he was involved in robbing, he has no claim.
Or, convicted criminals in prison. Do they deserve to vote? I don't believe they do. But it's a human right to vote (by case law) so that would mean that they should have the right to vote.
Essentially, the suspension of certain provisions of the HRA seems to me logical if it is limited to damage claims resulting from the commissioning of a criminal offence, and custodial sentences.
We all should have a responsibility to not commit criminal offences.
The bit that I've highlighted suggests that speeding is a victimless crime. Many would argue that it is not.But where there is a victim of a crime, and that victim has in some way been stripped of their rights, why does the law protect the rights of the criminal?
So for example the guy who goes to rob a house and cuts himself on barbed wire. At the moment he can claim damages for his cut hand. If we suspend his human rights for the period in which he was involved in robbing, he has no claim.
Or, convicted criminals in prison. Do they deserve to vote? I don't believe they do. But it's a human right to vote (by case law) so that would mean that they should have the right to vote.
Essentially, the suspension of certain provisions of the HRA seems to me logical if it is limited to damage claims resulting from the commissioning of a criminal offence, and custodial sentences.
We all should have a responsibility to not commit criminal offences.
singlecoil said:
The bit that I've highlighted suggests that speeding is a victimless crime. Many would argue that it is not.
So if I drive at 65 mph for 2 miles through open countryside and no-one sees me or is indeed within 5 miles of me, I have broken the law and there is a victim? Pray tell, who is the victim and in what way have they suffered because of my actions in this instance?mondeoman said:
singlecoil said:
The bit that I've highlighted suggests that speeding is a victimless crime. Many would argue that it is not.
So if I drive at 65 mph for 2 miles through open countryside and no-one sees me or is indeed within 5 miles of me, I have broken the law and there is a victim? Pray tell, who is the victim and in what way have they suffered because of my actions in this instance?A person enters someone's unlocked garage and steals a lawnmower. It turns out that the owner was planning to take the lawnmower to the dump that weekend, and is doesn't mind in the slightest that someone has spared him the trouble. Is the owner of the lawnmower the victim of a crime?
singlecoil said:
I'm glad you asked me that, let me answer by asking you a question-
A person enters someone's unlocked garage and steals a lawnmower. It turns out that the owner was planning to take the lawnmower to the dump that weekend, and is doesn't mind in the slightest that someone has spared him the trouble. Is the owner of the lawnmower the victim of a crime?
Yes, of course he is. The two scenarios are completely different. There's no comparison to be made.A person enters someone's unlocked garage and steals a lawnmower. It turns out that the owner was planning to take the lawnmower to the dump that weekend, and is doesn't mind in the slightest that someone has spared him the trouble. Is the owner of the lawnmower the victim of a crime?
Blib said:
singlecoil said:
I'm glad you asked me that, let me answer by asking you a question-
A person enters someone's unlocked garage and steals a lawnmower. It turns out that the owner was planning to take the lawnmower to the dump that weekend, and is doesn't mind in the slightest that someone has spared him the trouble. Is the owner of the lawnmower the victim of a crime?
Yes, of course he is. The two scenarios are completely different. There's no comparison to be made.A person enters someone's unlocked garage and steals a lawnmower. It turns out that the owner was planning to take the lawnmower to the dump that weekend, and is doesn't mind in the slightest that someone has spared him the trouble. Is the owner of the lawnmower the victim of a crime?
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