Thursday, September 26, 2019

Statutory Interpretation and the Human Rights Act of 1998 Essay

Statutory Interpretation and the Human Rights Act of 1998 - Essay Example According the research findings Mr. Mendoza’s application for statutory tenancy on grounds of discriminatory violation of his Convention Rights under Article 14 and Article 8 on the basis of his sexual orientation, had been allowed in the lower Courts. The European Convention guarantees fundamental human rights, including the right to privacy and freedom of sexual orientation. Any interference by public authorities therefore constitutes a violation of fundamental human rights and the right to privacy. Mr. Mendoza contended that the House of Lords should exercise its interpretative power to read and give effect to Para on statutory rights to make it compatible with Convention rights that guarantee fundamental human rights, including succession rights, which prohibit discrimination on grounds of sexual orientation. This essay declares that the Court upheld the decision on Mr. Mendoza’s statutory rights of tenancy, since Article 14 of the European Convention on Human Rights mandates that â€Å"the enjoyment of the rights and freedoms† in the Convention be secured â€Å"without discrimination.† In the case of Karner v Austria, the European Court held that there had been a violation of Article 14 of the Convention taken with Article 8, since the appellant was discriminated on a tenancy issue on the basis of his sexual orientation. Therefore, applying Parliament legislation under the Rent Act of 1977, discriminatory aspects prohibited under Convention rights were applicable to Mendoza.

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