Use the Human Rights Act 1998 to Challenge the UK Domestic Legislation

Peaceful protests are an original maker of history with a long and noble tradition in the UK. Such protests have been used as a natural continuation of politics, granting the general public the ability to demonstrate dissent over government policy. Peaceful demonstrations are particularly useful when elections are not at hand, and the public feels they have insufficient avenues to express dissatisfaction with the decision makers. Part of their effectiveness derives from the role that peaceful struggles have played in the establishment of important political and social changes including voting rights, union rights, and the creation of a welfare state. However, for much of the time that peaceful protests have been used as tools to voice public dissatisfaction with existing policies, they were not protected by any law. Any occurrences of peaceful protests were merely tolerated but had no legal basis. 

Not until the European Convention on Human Rights came into force in 2000 did peaceful protests have some grounding in the law. The specific articles that could be used to argue for peaceful demonstrations are Articles 10 and 11. The European Convention forms a part of the UK’s laws, and as such, Articles 10 and 11 which serve to protect the rights to Freedom of Expression and Freedom of Assembly can be read as part of country’s laws. In line with a reading of these two Articles, any actions or decisions made by public bodies can thus be challenged on the basis that they have no adequate basis or are disproportionate in their effects. Moreover, Articles 10 and 11 could also be used to mandate the police service and other public bodies to facilitate the protest. 

In a legal case over protest rights, courts of law have an obligation to protect the rights to

Freedom of Expression and Freedom of Assembly as protected by Articles 10 and 11 of the Human Rights Act. However, it is worth noting that the two Articles merely provide sufficient ground for a deliberation on protest rights but do not assure victory to the protesting parties. Also, due process should be followed. For example, the demonstrations and marches should be consistent with the Public Order Act of 1986, particularly with the directions covered in section 11, 12, and 14. Else, any claims made will not hold.

Bibliography

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