The European Convention on Human Rights (ECHR) initially known as the convention for the protection of human rights and fundamental freedoms is an international treaty to protect human rights and political freedoms in Europe. The convention was drafted in the 1950 by the then new European council. It was later entered into force in 1993 on 3rd of September. The members of the Convention comprise all the European State members.
The enforcement of the Convention led to the establishment of the European court of human that is in charge human rights violation. It has various protocols that amend the convention framework. On the other hand, the 1998 Human Rights Act refers to an act of parliament that got the royal assent on November 9th of the same year and there after came into force in 2000 October 2nd .
In regards to their historical relation, they are related in the sense that the aim of enacting the Human Rights Act was to be able to incorporate the convention rights into the United Kingdom law. Currently, they are related in a way that the Act exists so as to be able to give more effect to the rights and freedoms provided for under the Convention.
Article 1 of the Convention in regards to binding duty of states to respect all the secured rights, article 2 the right to life, article 3 prohibits any form of torture and inhuman degrading treatment. Article 10 freedom of expression, article 13 right to efficient remedy, article 14 right to discrimination, article 15 right to derogations, article 16 right of aliens, 17 in regards to abuse of rights and article 18 outlines restrictions on provided main rights.
The discussion is in regards to the main rights provided and the class in which they fall under application.
Article 1 binds parties to respect all the rights secured within their jurisdiction and any other territories where the state exercises control as was in the case of, Loizidou v Turkey where the European court held that a member’s jurisdiction in accordance with the convention extends to areas where the state has military control. Additionally, the bodies are to guarantee that the power circuits are all fitted to an extent that they don’t in any capacity add to the developing of flame which dangers coming about to death misfortune and thusly rupturing the arrangement with respect to life. Further in deciphering the obligation of a state under Article 2 the court has entrusted states with the accompanying three principle obligations: obligation to stop from ill-conceived slaughtering, obligation to investigate suspicious demise and in a few occasions positive obligation to anticipate predictable death toll which for this situation is appropriate to the gathering and Grainville the executives.
Article 2 guarantees the right to life where by every individual’s right to life is to be protected but the same does not extend either to legal persons like entities and other animals.
In regards to Article 3 prohibiting the act of torture and inhuman treatment, no exceptions nor limitations have been made concerning it. The court has also affirmed that the article is to be applied in absolute terms regardless of the conduct of the victim.
In addition, the Convention under article 5 guarantees the right to liberty and security, which are usually considered together. A case in place is that of Assanidze v. Georgie regarding Assanidze illegal incarceration by Ajarian authorities in violation of the convention human rights. The European Court in delivering its judgment found that the petitioners’ rights in regards to liberty & fair hearing had been breached and therefore ordered for his release and further awarded him one hundred and fifty thousand in damages.
Subsequently article 13 is an absolute right securing the need for a person to be accorded an effective remedy and therefore any failure results to the contravention of the Convention. In addition to that, the right to discrimination is an absolute right which extends broadly in some instances and narrowly in others.
In regards to article 15 it permits various states to derogate from some rights upon meeting some conditions following the contracts they have entered into. The right is a limited right since a party has to meet certain set conditions in order to be protected; one of the conditions is that there must be a public emergency threatening the life of a country. A case in place is A v United Kingdom in which the court dismissed a claim terming the derogation that had been lodged by Britain in response to the September 11 attacks as invalid. Further article 16 secures the right of aliens as a qualified right by allowing states to limit the activities of foreigners in their country. In addition, article 17 calls upon all persons not to use the given rights to limit the right of other persons as guaranteed by the convention. Finally, article 18 being an absolute right provides that the limitations set on the guaranteed rights should only be applied to the set purposes
In regards to this case, a number of breaches can be identified as per the Human Rights Convention. There is a possible breach of article 2 in regards to right to life where due to the continued negligence by the council and the management team of Grainville the fire has resulted to the deaths of sixty five residents and rendering other residents homeless.
In addition there is a breach of article 5 in regards to liberty and security of which the precise one is in regards to security thou the courts have not given the right to security a different interpretation from that of liberty as they always address the rights as a compound right. In this instance the council and the Grainville management group failed in their duty to secure the residents from the fire outbreak and therefore they are currently required to ensure the safety of the homeless residents.
Further, there is a possible breach of article 17 in regards to the abuse of people rights which prohibits the use of the provide rights to abuse another individuals right. In this scenario, the management group and the council were at liberty to make considerable changes to the residential apartment which due to the failure it resulted to a fire outbreak that has caused several deaths and therefore violating the people’s right to life in regards to their right to liberty
There is a breach of Article 1 of the ECHR in regards to absolute duty of the state to respect and secure the rights of the citizens. The right to life of the citizens who lost their lives under Article 2. The citizens were put under inhuman degrading treatment, which is prohibited under Article 3. The freedom of expression of the citizens are unheard by the management and the council which violates Article 10. The right of the citizens to have an efficient remedy is jeopardized by the ineffective management and council, violating article 13. Article 15 of the ECHR is violated which guarantees right against derogation. Article 17 is infringed in regards to the abuse of rights of the citizens as they deserve to be protected and have a safe living condition.
Subsequently, there is a possible breach of the right of the residents in regards to an effective remedy whereby the duty is to ensure that each family is compensated equally in regards to the damages they have incurred due to the fire break out. Further, there is also breach of the residential laws by the management in that it has failed in its duty to ensure that the residents are safe from any danger by ensuring that all house appliances are in good condition. On the other hand, the council has failed to ensure the safety of the residents by carrying out inspection to ensure that the management has fully complied with the residential apartment laws.
The management has failed to ensure that the electricity circuits are well fitted so that they do not in any way contribute to a fire accident. The management and the council have failed to protect the lives of the citizens, putting them under risk, which resulted to death and economic loss. Therefore, a grave breach the provision of the ECHR and the Human Rights, regards to life is evident.
Following the breach, the Grainville management is tasked with the duty to ensure that the deceased are accorded a proper burial and that their families are compensated while the homeless are provided with residential homes.
Similarly, there is the duty of the management to ensure the prevention of a foreseeable death, which in this case the management failed to look into the safety concerns that the residents had raised therefore contributing to the breach of their right to life. The residents bear a right in regards to an effective remedy where the management has failed to carry out its duty. The management and the council has the duty is to ensure that each family is compensated equally in regards to the damages they have incurred due to the firebreak out.
On the other hand, the management has a duty to ensure that it abides by all court procedural rules in regards to summons and any other requirements upon suite. A breach of the residential laws by the management is evident, as it has failed in its duty to ensure that the residents are safe from any danger. The council has not ensured the safety of the residents. It should have carried out inspection to ensure that the management has fully complied with the building regulations of UK.
In regards to the council, they are tasked with ensuring that an inquiry body is formed so as to look into the causes of the fire and propose possible effective remedy for the victims of the incidence.
There is a breach of the right of the residents as to an effective remedy whereby the duty is to ensure that each family is compensated equally in regards to the damages they have incurred due to the firebreak out. There is also breach of the residential laws by the management in that it has failed in its duty to ensure that the residents are safe from any danger by ensuring that all house appliances are in good condition. On the other hand, the council has failed to ensure the safety of the residents by carrying out inspection to ensure that the management has fully complied with the residential apartment laws. Therefore, for these above-mentioned breaches the management is under the obligation to pay damages to the residents and carry out a thorough investigation of the accident. The management must make sure that the housing regulations are effectively implemented.
Further, due to the criminal nature of the incidence, the council has a duty to ensure that the victims are well represented in court and that they are accorded a fair hearing during the time of trial in an effort to ensure that justice is served.
In regards to the responsibilities tasked to the council and Grainville towers under article 2, they are to protect the lives of the residents as they are bound by the Convention. In doing so, the two bodies are to ensure that the fire appliances fitted in the building are in a good condition and able to be used in case of a fire emerging as the situation currently is. Also, the bodies are to ensure that the electricity circuits are well fitted such that they don’t in any way contribute to the emerging of fire which risks resulting to death loss and therefore breaching the provision in regards to life. Further, in interpreting the responsibility of a state under article 2 the court has tasked states with the following three main duties: duty to desist from illegitimate killing, duty to look into suspicious death and in some instances positive duty to prevent foreseeable loss of life, which in this case is applicable to the council and Grainville management.
The Management and the council is under the obligation to comply with the rules and regulation of the Building Regulation laws of UK. The Housing Act 2004 and the Regulatory Reform (Fire Safety) order 2005 are the two significant legislations in the UK, which strive to regulate the collaborative working relation between local authorities that regulates Housing issues and the Fire and Rescue Authority. Nonetheless, there are dilemma in opinions regarding the requirement of cladding and safety standards of Building Regulation Authorities. The Housing Act 2004 comprises of the Housing Health and Safety Rating System (HHSRS), which ensures the basic standard of housing that affects health, and safety of the citizens. The HHSRS is used to assess hazards while renting a house or an owner occupied property.
Under the Environmental Protection Act 1990, the local authorities are under the obligation to consider the complaints of statutory nuisance. They must take actions that are necessary to preserve the building that has potential threat to damage. They must take actions against hazardous and unsafe buildings that might harm environment. The Regulatory Reform (Fire Safety) order 2005 gives the residents the authority to take control of a fire accident in their premise and not wait for the fire authority to arrive and take charge. The Act says that actions must be taken immediately in times of fire emergency. The Act asks the residents to be aware of the condition of the building they are residing and ascertain any potential risk of fire breakout. This Act calls for regular fire risk assessment, fire drills to make people ready for fire evacuation, other useful arrangements. The Fire and Rescue Authority takes charge in case of non-compliance.
Further, in accordance with the Act, the management has a duty to ensure that the residents are secured which in this case can be done by ensuring that all the safety measures have are adhered to and by guaranteeing the homeless residents a place to put up as other remedies are sought.
Following the outlined rights comes the responsibility of each person and various bodies to ensure that every individual right is observed and protected. In this regard the state through their various courts play a role in ensuring that everybody has access to justice.
In regards to this scenario there is need to come up with a formal inquiry body to look into the circumstances leading to the occurrence of the fire and establish the possible remedies that can be afforded to the victims. The need for such an inquiry is promoted by various needs such as; following the number of deaths that has occurred due to the negligence of the management it’s clear that the resident right to life has been violated and therefore the state being the protector of life has to get involved through forming an inquiry to establish what led to the violation.
Further, there is need to form an inquiry so as to help in ensuring that the residents are afforded a fair hearing as provided for by the convention under article 6. Also the inquiry will be helpful in ensuring that the residents are accorded an effective remedy following the loss suffered. In addition, the case cites an incidence of negligence as the main reason behind the fire break out, with this there is need for an inquiry to be established so as to determine if the allegations raised are true. Subsequently, the acts mentioned fall under criminal acts in which according to the relevant law, the state has a role to ensure justice is served in such acts therefore, the state can only get involved by coming up with an inquiry to help in this situation. Therefore, effective implementation of the housing laws and regulations is required to ensure the safety and security of the residents. Additionally, a regular investigation and inquiry is required to be carried out by for ensuring safety. In this case, various needs of the situation like the number of deaths that has occurred due to the negligence of the management needs to be estimated and confirmed. It is clear that the resident’s right to life has been violated and therefore the state being the protector of life has to get involved through an inquiry to ascertain what led to the accident.
In regards to the role of the inquiry it will first have to establish the cause of the fire, be involved in confirming the number of deaths and come up with the appropriate measures on how the burial can be done. Also, it will have to find appropriate measures to establish the losses each family has incurred and estimate the kind of compensation that can be awarded. Further, it will have to establish whether the owners of the apartment had really complied with all the relevant laws in regards to residential building and by doing so it will have to show who is at fault following the occurrence of the incidence. In conclusion such an inquiry is necessary as it plays a big role in ensuring that the victims are effectively compensated following the violation of their rights.
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