1.4 - Rights in Context Flashcards
What are the 5 principles governments need to persue?
Freedom + Rights
Tolerance
Law + Order
Equality
Justice
What are civil rights?
Refers to the individuals relationship with the state.
What are some examples of civil rights?
Positive:
The right to vote
The right to join political parties
To form associations like trade unions or pressure groups
The right to express an opinion (this could be hindered by the Crime and Courts Act)
The right to move freely
Negative:
Right to privacy
Right to a fair trial
Right to not be imprisoned without a trial
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.
Negative rights are protections against the state.
When was a document released that made our rights clear?
1998 Human Rights Act
What is the oldest official declaration of rights?
Magna Carta
When was the Magna Carta released?
1215
What did the Magna Carta establish?
Established the right to trial by jury and unlawful seizure of property.
What is a 20th Century declaration of rights?
European Convention on Human Rights 1950
Who enforces the European Convention of Human Rights 1950?
Council of Europe
Who passed the Human Rights Act 1998?
The last Labour government (as of 27/09/22)
What is the most recent update to human rights in the UK?
The Equality Act 2010
What did the Equality Right 2010 set out?
Brought the Equal Pay Act, Sex Discrimination Act and the Race Relations Act.
Added protections for: age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion / belief, sex and sexual orientation.
What are some more controversial rights?
Right to form trade unions
Right to strike
Right to a decent standard of education
Pension rights
What is a problem with the current Human Rights Act 1998?
The current (as of 27/09/22) Tory Government in May 2015, promised to scrap the Act.
What was tolerance originally known as?
Religious Tolerance.
What were non-CoE members prevented from doing in the early 19th Century?
Voting
Standing for Parliament
etc.
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 does equality actually mean?
Equal rights
Equality of Opportunity
What do people argue about in terms of equality?
Equality of Opportunity
Equality of Outcome
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 succesful?
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.
Why do some on the right oppose the Human Rights Act?
Some argue that is shows favour to undeserving individuals, rather than protecting the freedoms of UK citizens.
What are control orders?
The government were unable to detain terror suspects indefinitely on the grounds that a national emergency warranted it.
In response, they introduced electronic tagging, requirement to report to police, removal of mobile phones and internet access.
What are TPIM’s
The coalition government of 2011 replaced the control orders with TPIM’s.
What is the ‘Snoopers’ Charter’?
The ‘Investigatory Powers Act’ allows state authorities to collect information about everything we do.
Why are government unlikely to support pressure groups on behalf of individuals like terror suspects?
They are a minority, that the majority has minimal / no sympathy for.
What is the difference between natural-born rights and given rights?
Natural-born are things you have from the moment you are born. (right to life, right to freedom from torture etc.)
Given rights are things that are given to you from the state (positive rights).
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 current Tory 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.
Why did Madonna object to the ‘right to roam’?
Madonna argued it went against her right to privacy.
On what grounds can the ‘Snooper’s Charter’ be implemented?
Under any grounds, but in actuality, it’s implemented for certain people who would interact with groups such as ISIS, Al Queda or even the BNP if they deemed it worthwhile.
Why has it become more difficult for the ‘Snooper’s Charter’ to be used?
The increased usage of encryption.
Apple declining to co-operate with investigation in America.
Why did some MP’s object to the Campaign for Freedom of Information?
Details of MP’s expenses claims are technically available under the FoI.
