The Human Rights Act 1998 and the source of this act (the European Convention of Human Rights), which can easily be argued to be much more robust than our domestic law version, are so important to protect. It is all too easy to see how these basic rights need to be protected. Especially in a world of social media, where everyone reading and commenting feels that they have a right to an opinion on someone’s life and decisions.
Right to respect for Private and Family Life (Article 8):
This is the most obvious of the Rights, as detailed in the ECHR which might apply, and is often at the core of many cases in immigration where families may be separated, but for a UK visa. For Meghan, however, the word private is of paramount importance. Those around her, even some of those in the media who subject her to such treatment,
The job for a judge in this situation would start with the question: Does she, and do they, have a right to a private life and family life? We would hope the answer to this would be affirmative. The next question might be: Is this right being infringed? One might argue it absolutely is, as I doubt many people could live under such a microscope as they must, and not let this affect their daily lives, and how they therefore treat their child and each other. The next question, determined by previous precedent case law looking at the function of Article 8, might be: Is this infringement proportionate when considering the public interest in allowing this to happen. I would say it is not. Others may disagree….
Right to Liberty and Security (Article 5):
This right may be looked at in its broadest meaning in the context of Meghan Markle’s life. Should she have to live like other senior members of the Royal Family have in the past, and perform public duties regularly, just because she married into the Family?
The huge media and press presence and influence in their lives, can also be seen as a threat to their liberty, especially at certain times of the year and after any period of controversy. It remains a valid question as to whether this media and press influence infringes the right to liberty and whether this is a proportionate infringement when weighed against the public interest. The issue of Right to Security I deal with below due to its overlap with the Right to Life.
Prohibition of torture (Article 3):
This right includes the protection from inhumane and degrading treatment. Many would argue that this is a misapplication of this particular article, as in most cases it is held for very serious cases of physical or mental harm.
Prohibition of discrimination (Article 14):
Of the many articles written recently about Meghan, some defend her position and the recent joint decision of her and her husband to step back from public office.
Right to Life (Article 2):
Now this point is obviously very much dependant on the specific facts of Meghan’s life and only she, those close to her and her security personnel would know the detail of any threats and whether these should be taken seriously.
Freedom of expression (Article 10) and Freedom of assembly and association (Article 11):
These last rights provide possibly the weakest arguments but are still a factor when looking at the Royal Family in general and how we (as their citizens and as a collective group) expect them to behave.
Whichever way you look at human rights, you can see that they are there for a reason: to protect the very basic standards of life that we should all expect to have. It can also be seen that money and fame does not necessarily guard against this, and for some at least, may make matters worse.
We are raising money for Dove House Hospice by selling raffle tickets to win a wonderful Easter Egg! Event has… Read More
Many of our clients who become involved in court proceedings of any sort concerning the arrangements for children will encounter… Read More
A blog by Blue Stephenson, Solicitor in the Family Department at Williamsons. If you are contemplating getting a… Read More
We are delighted to announce that Williamsons Solicitors have been approved to join the Headway Injury Solicitors Directory. Headway is… Read More
Cancer is a disease that no one want to hear they have, however the NHS report that 1 in 2… Read More
Please not the office closes at 12pm on Friday 22nd December 2023. We re-open at 8:00am in Hull & 8:45… Read More