The UK Government has often been found in breach of the European Court of Human Rights: Legal Issues and Evidence Reporting Essay, UORL, UK

University University of Roehampton London(UoRL)
Subject Legal Issues and Evidence

The UK Government has often been found in breach of the European Court of Human Rights. The following case study evaluates a breach of Article 8, how the European Court responded, and the effect it had upon UK law.

Two persons; K. Gillan and P. Quinton were separately heading to the protest of the dealing of violent weapons at the Excel Centre in East London. Each was stopped and searched for articles in relation to terrorism under Section 44 of the Terrorism Act 2000, causing feelings of intimidation and distress (rightsinfo.org, 2017).

Section 44 of the Terrorism Act 2000 provided the police with the power to search for anything carried by a person, upon a person or within a vehicle, within the authorized area, without the need to suspect an offense had been committed (Legislation.gov.uk, 2017).

Gillan and Quinton felt that being stopped and searched under the anti-terrorism laws was a breach of their human rights, in respect to private and family life – Article 8.

  • Article 8: The right to respect for private and family life
  1. b .” (rightsinfo.org, 2017)
  2. “There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary for a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” (rightsinfo.org, 2017)

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