Looking for a flexible role? The court held by twelve to five votes that there had been a violation of article 3 of Protocol 1. Once you commit the rime, your privileges are taken away from you. This is not an example of the work produced by our Law Essay Writing Service. Whilst the margin of Appreciation was wide, there was no evidence that the United Kingdom legislature had assessed the proportionality of the ban in light of modern penal policy and current human rights standards. If an individual is to be disfranchised that must be in pursuit of a legitimate aim…. They should not be allowed to vote. All the rights should be vanished from the ones that are being imprisoned Fact of the matter outside the prison walls or fences is free world of bylaws. If you are in Jail at the time of an lection you lose the right/privilege to vote. Registered Data Controller No: Z1821391. The court had accepted that the rights described in Protocol 1 Article 3 included the right to vote, while acknowledging that the right was not absolute and there was scope for limitations. Not rehabilitation, which is only for people that have short term Jail time. Laws are instituted agreement of the constitution that made to be upheld. “By committing offences which by themselves or taken with any aggravating circumstances including the offenders character and previous criminal record require a custodial sentence, such prisoners have forfeited to have a say in the way the country is governed for that period. During the passage through parliament of the representation of the people act 2000, which permitted remand prisoners and unconvicted mental patients to vote. 6th Aug 2019 On the other hand the consequences of allowing prisoners the right to vote as it would be sensible decision as it will not alienate them from the society which they will enter once they have completed their sentence. The Court also noted that, although the right to vote is a right and not a privilege and Article 3 of Protocol No. Article 3 of the First Protocol states that “The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature. Namely a statement that is introducing the measure in parliament the secretary of state considered its provisions to be compatible with the convention. There is more than one element to punishment than forcible detention. Would you want a criminal to be allowed to change your children 's lives? The most significant change was brought by The Representation of people Act 1918 which granted the right to vote to all adult males over the age of 21 without any property restrictions and women aged 30 and over with some property right restrictions. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. People in Jail have already proven that they can’t be productive members of society, so they shouldn’t get this important task. When individuals commit a crime and are sentenced to prison, they should lose those rights because theyVe proven to be non-productive and non-deserving of the rights and privileges you and I enjoy. As Susan argues that. If we accept to give those prisoners the choices of the future is the point of law? Reference this. Prisoners should receive the basic human needs of food, clothing, medical attention and exercise. *You can also browse our support articles here >. Prisoners are not allowed to vote in any election given the fact that they lose their freedom once they are convicted. As far as the disqualification from voting was to be seen as part of a prisoners punishment , there was no logical justification for the disqualification to continue in the case of the present applicant, who had completed that part of his sentence relating to punishment. Most prisoners get far more privileges than they deserve. Like the saying goes “If you can’t do the time, don’t do the crime”. It is ironic that the Government has declared a commitment to promoting universal suffrage,58 is concerned about underregistration among the electorate, and has introduced a new bill this session,59 which, is designed inter alia to improve electoral registration, but at the same time it continues to exclude convicted prisoners. Also from my point of view prisoners should be given the right to vote but it should have some measures placed on this. Also the United Kingdom will be in breach of European Convention on Human Rights and this will be affecting their relationship with the European Court of Human rights in Strasbourg and the Council of Europe. Some may, have children and decide to protect them, and not all people are criminals as some people may argue. Prison was created to punishment those for their unlawful actions. Ladies and gentlemen, today we are here to discuss an important matter, should prisoners be allowed to vote. When sentenced they are taken out of society with their privileges also taken away. Role of Students in Disaster Management in USA, A Manifesto for the Position of School Prefect, Cleaning, Decontamination and Waste Management. Essay About Conflict Between Team Members, Canadian Personality In John Hagar's The Stone Angel, Argumentative Speech On Toddlers And Tiaras. VAT Registration No: 842417633. This matter is mostly based on opinions but such an important decision cannot be taken lightly. Ladies and gentlemen, today we are here to discuss an important matter, should prisoners be allowed to vote. Many other countries allow prisoners to vote. A felon is defined as a person who has been convicted of a felony, which is a crime punishable by death or a term in state or federal prison. This is why there is a lot of Pros and Cons on whether to allow ex-felons to vote or not. Such a general, automatic and indiscriminate restriction a vitally important convention right fell outside the margin of appreciation. Violating freedom is up to that perspective individual and once that has been scorn freedom is no longer the American dream. When you are apart of the society, you are allowed the privileges the citizens of the society have. Convicted felons should not be allowed to vote. The United Kingdom moved towards this concept by passing legislation through parliament which enfranchised citizens, the first piece of legislation was the Reform Act 1832 which gave only a limited number of male adults the right to vote and disenfranchised a large proportion of the public including the working class. As to convicted prisoners the view prevailed that a loss of rights was part of a convicted prisoner’s punishment, and that removal from society entailed removal from society’s privileges including the right to vote. By walkeraulisha, Are You on a Short Deadline? Free resources to assist you with your legal studies! The role of the court was to ensure that any limitations did not impair the very essence of the rights, that they were imposed in pursuit of a legitimate aim, and that they were proportionate. The three claimants had applied for their names to be added to the electoral register but were refused by the virtue of section 3 of the Representation of the People Act 1983 which states “A Convicted Person during the time he is detained in a penal institution in pursuance of his sentence… is legally incapable of voting at any parliamentary or local election”. Mr Howarth M.P speaking for the government maintained the view that “it should be part of a convicted prisoners punishment that he loses rights and one of them is a right to vote”.