The Human Rights Act and life sentence prisoners Essay

The Human Rights Act and life sentence prisoners - Essay Example There was a powerful presumption against the retrospective application of the Act, and in relation to transactions that had taken place prior to the coming into force of the Act; there could be no question of interpretation under s 3 and accordingly no power to grant a declaration under s 4. 1 (Human Rights, Article 7) Three decisions of the House can be cited to illustrate the strength of the interpretative obligation under section 3(1). The first is R v A (No. 2) [2002] 1 AC 45 which concerned the so-called rape shield legislation. The problem was the blanket exclusion of prior sexual history between the complainant and an accused in section 41(1) of the Youth Justice and Criminal Evidence Act 1999, subject to narrow specific categories in the remainder of section 41. In subsequent decisions, and in academic literature, there has been discussion about differences of emphasis in the various opinions in A. What has been largely overlooked is the unanimous conclusion of the House. The House unanimously agreed on an interpretation under section 3 which would ensure that section 41 would be compatible with the ECHR. The formulation was by agreement set out in paragraph 46 of Lord Steyn's opinion in that case as follows: "The effect of the decision today is that ... o the importance of seeking to protect the complainant from indignity and from humiliating questions, the test of admissibility is whether the evidence (and questioning in relation to it) is nevertheless so relevant to the issue of consent that to exclude it would endanger the fairness of the trial under article 6 of the Convention. If this test is satisfied the evidence should not be excluded." (Lord Steyn, 2006a) Case: Re S Care plan 2002 UKHL 10 House of Lords and Starred Care Plans Re S (Minors) 3 The House of Lords did not uphold the Court of Appeals creation of starred care plans, a bold attempt to devise a way for care plans which were not being implemented coming back to court; instead they stressed the need for the government to urgently review this - power of section 3 HRA limited, court must be mindful of outer limit. Interpretation up to courts but enactment and amendment matter for Parliament - starred milestones departed substantially from Parliamentary intentions so far as it is possible to do so, primary legislation must be read and given effect in a way which is compatible with convention rights . (Child adoption) Lord Nicholls of Birkenhead 4 The Torbay case: The appeals concern four children, two in the Torbay case and two in the Bedfordshire case. The cases are factually unrelated. In the Torbay case the mother had three children: P, who is a boy born in August 1987, M, a boy born in January 1991, and J, a girl born in January 1992. The children are now 14, 11 and 10 years old. The appeal concerns the two younger children. The father of P, the eldest child, played no part in these proceedings. The mother met the father of M and J in 1987. They started to cohabit in 1989. Serious problems emerged in May 1999 when P ran away from home and

A breakthrough drug Essay Example | Topics and Well Written Essays - 500 words

A breakthrough drug - Essay Example A group of scientist under the supervision of NH Director Francis S. Collins reported that the drug Everolimus have the capacity to clear out the protein Progerin from theses children’s body. Everybody’s body produces progerin a mutated form of protein lamin A, which is important for the organizing of the genome contained in the cells of the body. There is number of research which shows that progerin in the body of people accumulates as they age. The studies have also reported that, the drug Everolimus also cut back the protein progerin from the body of healthy man and also prolonged their cell life. On study with mice, Everolimus which is a derivative of immunosuppressant rapamycin, has shown to extend the life span. With a control on cycling process of protein progerin, the drug Everolimus helps in controlling the aging process. The recycling of the progerin is possible because of the ability of this drug to clear toxins from the cells of the body. The FDA approved Everolimus on May of 2011 as a drug to fight the aging process of cell progerin . According to (Rockfeller)â€Å"The Hutchinson-Gilford Progeria Syndrome, also known as Progeria, is a genetic disease that affects small children and toddlers causing them to age prematurely†. Eventhough this drug treat the patients from outside the underlying disease which is genetic remains. However, the drug Everolimus treats the patients and reduces 50% of chances of getting the disease again. This medicine treats 50% of the cell but still there is underlying chance of getting the disease again. Progeria is a rare disease which affects the children, and even children and adults with brain tumor and other carcinogens can be cured with Everolimus. The diseased child has an increased amount of protein A and thus causes disruption in the working o f the cells in the body. The everolimus has got a trade name which is â€Å"