1 Rights in Context Flashcards
What is the difference between negative and positive civil rights?
Positive rights are rights that provide something that people need to secure their well-being. eg vote/ form pressure groups/ move freely
Negative rights are protections against the state. eg fair trial/ privacy
What did the Magna Carta establish?
Established the right to trial by jury and unlawful seizure of property.
What did the Equality Right 2010 set out?
Brought the Equal Pay Act, Sex Discrimination Act and the Race Relations Act.
Added 9 protected characteristics: age, disability, pregnancy and maternity, race, religion/ belief, sex and sexual orientation.
What is a problem with the current Human Rights Act 1998?
The Tory Government in May 2015, promised to scrap the Act. = parliamentary sovereignty can undermine rights
What were the differing conversations surrounding tolerance?
Conservatives argues tolerance should be limited to preserve order and unity.
Liberals focused on extending tolerance to all.
How does right-wing politics lean in terms of law and order?
Harsher punishments for criminals
More police
Strong Army
How does left-wing politics lean in terms of law and order?
More tough on the causes of crime.
Investment to prevent crime before it happens rather than harsher punishment.
What is Labour’s famous slogan on crime?
‘Tough on crime, tough on the causes of crime’
What powers do judges have in relation to act of Parliament that are deemed to be incompatible with the Human Rights Act?
If the court finds that an Act of Parliament or Parliament itself is in breach of the Human Rights Act, the government will then act upon it and fix it. It is the government’s job to uphold the rule of law.
However, in theory, the government could ignore the courts because of Parliamentary Sovereignty.
What are 3 examples where human rights cases have been successful?
Abu Qatada Deportation
Extradition of Abu Hamza
Max Mosley awarded substantial damages when the News of the World published a story about his sex life
What is judicial review?
This is where any citizen can take either the government or any public body to court if they believe it has acted beyond its powers.
What is the Crime and Courts act?
An Act that specifies the police can break up a protest if it is deemed to be “unacceptable”
Why do the government want to leave the ECHR?
People can use the ECHR to evade deportation, trial etc.
Abu Hamza used the EHCR to stay in the country.
What is the gender recognition Act?
You can change your gender on your passport / birth certificate, provided you have had gender reassignment.
Why are trade unions unpopular with many Conservatives?
They have a wider, left-wing, socialist agenda. (e.g. RMT and the railway union).
Their pay demands are too high for employers to meet as this would mean businesses going out of business.
Margaret Thatcher hated trade unions and passed laws to restrict their power.
the Equality Act 2010
established protected characteristics which cannot be discriminated against eg religion, age, gender.
people are free to bring a case to court if they feel this has happened.
Human Rights Act 1998
did appear to give binding rights to citizens but this was an illusion. Incorporated ECHR human rights into domestic law. however, rights can be suspended in special circumstances: internment in 1970s Northern Ireland, Terror Laws, and COVID Lockdowns PLUS it is no different to any other legislation - can be repealed or suspended (not a higher law, as it would be if we had a codified constitution).
judicial review over rights meaning
judicial review is where past laws before the Human Rights Act can be scrutinised and challenged in court
judicial review good x2
high court rulings on Gurkha soldiers’ right to settle in the UK (2008) (Gurkha veterans who retired in the UK before 1997 were unable to get visas.
In 2013 alone, there were 15,600 Judicial Reviews => indicating there is still a large rights culture in the UK
Judicial Review bad x3
it is undemocratic as it allows unelected and unaccountable officials (judges) to have significant influence over the law.
in court cases - judges gave priority to article 8 of the ECHR (right to privacy) over article 10 (freedom of expression). the High Court rules in Max Mosley’s favour when News of the World published a story that invaded his private life, breaching his privacy. EXAMPLE OF ‘JUDGE-MADE LAW’ as there was no previous legislation
when taken to the European Courts, Mosley was unsuccessful - showing that cases differ from each judge’s own bias and experience.
examples of rights cases - Abu Qatada deportation case
He was a cleric who was accused of planning a thwarted terrorist plot.
Ministers wanted to deport him but legal advisors fought for 8 years.
he was found not guilty by Jordan’s court.
=the ECHR ruled the UK could not lawfully deport him due to risk of evidence obtained by torture. it resulted in an agreement between the UK and Jordan where he was cleared of involvement in a terrorist plot and was consensually deported to Jordan.
examples of rights cases - legal battle over right to religion vs homosexuality
Baker refused to make a cake that stood in support for gay marriage in Belfast 2014 as it was against his Christian faith. However, the customer argued it was homophobia and excluded him because of sexuality (Equality Act)
The ECHR ruled in the Baker’s favour as it was his business and that in NI, this was legal.
examples of rights cases - walkers’ ‘rights to roam’
countryside and rights of way act 2000
rambler’s association (right to ramble as a citizen of the UK) v Madonna and Guy Ritchie (right to privacy from paparazzi - who could see into their house from the path which went through her estate)
=the ramblers were allowed access as the planning inspectorate ruled none of the open country was in sight of her estate
how well are rights protected in the UK?
+
example of pressure group - Liberty
est 1934
Founded to challenge government measures to restrict freedoms in the UK
eg recent legal challenge to lockdown restrictions
2020 - legally removed parts of the public spaces protection order that criminalised the homeless and beggars.
example of pressure group - Amnesty International
est 1961
founded by an english barrister who was inspired by the account of 2 portugese students who were sentenced to 7 years for toasting to liberty.
7 MILLION MEMBERS
‘write for rights’ campaign -> release of Yecenia Armenta (Mexico, 2016) who was jailed on a confession after 15 hours of torture.
scotland act 2016
this notably expanded the devolved assembly’s power to widen voting rights. this meant that now in scotland 14 year olds can vote for scottish parliament and 16+ for UK Parliament
