Anonymous wrote:
Perhaps Part 2 Article 1 Protection of property, which states, "Every natural or legal personis entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however,in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties."
I think that this was the article used in the Royal Parks case, which is where my opinion expressed earlier came from.
For those who don't know the case, a London PH firm said that a byelaw banning them from the Royal Parks was discriminatory and breached the Human Rights Act because black cabs were allowed in.
I think the judge said that if a public authority was carrying out regulatory functions then the the provisions of the Act were irrelevant as long as the relevant rules were reasonable. I don't know if anyone has tried challenging dress codes, but I'm assuming that they too would be deemed reasonable.
I think the point is that if these rights were relevant to regulation then the LAs wouldn't be able to do anything basically.
It would certainly be the end of numerical restrictions!
Dusty