Quote:
Originally Posted by Kymmy
HRA though is so overused and could be twisted in mosts groups favor... It does though beg the question as to how far do you go...If the discrimination laws covering this are agianst the true spirit of the HRA then surely the laws would never have been passed especially in such a modern world...
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When the ECHR was brought into UK law as the HRA it was framed in a way that gave it primacy over other laws already on our statute book. Since then, a lot of legislation and common practices in this country have been found not to be compatible with the HRA and have had to change.
I admire your faith in our legislators but is simply isn't safe to assume that a law would not have been passed had it been incompatible with the Human Rights Act. Parliament can, and does, pass legislation that royally screws up other, older laws. Some barristers have made a lucrative career out of sorting out the resulting mess. But in cases where the HRA is involved it is fairly clear cut because the HRA has built in the provision that it over-rides everything else.
The Human Rights Act guarantees freedom of religious expression and this is bound to be made an issue when this case gets to court.