1.4 rights in context Flashcards
Define human rights
The basic rights and freedoms that belong to every person in the world, from birth until death. They apply regardless of where you are from, what you believe, or how you choose to live your life. They can never be taken away, although they can sometimes be restricted- for example if a person breaks the law, or the interests of national security
Define civil liberties
The rights and freedoms enjoyed by citizens which protect them from unfair treatment by the state and government. They are guarded by a constitution if present- these are called ‘civil rights’ in such countries
Define common law
Common law is set by judicial precedents when judges declare what common law should be. Sometimes called ‘judge made laws’. This is the traditional conception of how disputes should be settled and what rights people have
Define civil liberties vs civil rights
-civil liberties: the rights and freedoms that are recognised within a particular country and protect individuals from the state
-civil rights: those rights and freedoms that are protected by the government, meaning the state must take an active role in ensuring people are protected to carry out these rights
What should human rights be?
(hint:UFA)
-absolute
-universal
-fundamental
What is the manga carta 1215? And why is it significant
The first attempt to limit the power of the monarch and ensure protections against authority rule. I included the right to trial by jury and the monarch could only impose taxes with the consent of the people
What is the bill of rights 1689 and why is it significant?
-It is another set of civil liberties designed to protect people from a potential military dictatorship under William of Orange. More protections against the king
-it ensured that the monarch could not take England into a foreign war without its agreement and the people were free from ‘cruel punishments’
What is common law and why is it significant?
-judges would decide what is normal/the traditional way in which such disputes would be settled. So judges were declaring common law. Every citizen has a right to do in less it’s in law. Referred to as residual rights/negative rights
-once a judge had declared why the common law was under a particular circumstance a judicial president was set that all future cases must follow
What is the human rights act 1998 and why is it significant?
-the HRA bought into affect the European convention on human rights. Enforced by all courts in the uk so that laws passed at any level should comfort to its requirements . Acts as a check on government. Protects the rights of citizens
-traditionally the uk relied on a series of negative rights. Meaning people were allowed of do anything as long as it was not expressly forbidden in law. Meant that rights existed in the absence of law and hard to enforce. The HRA replaced this with positive rights that had to be protected by law. Binding on all public bodies
What is the freedom of information act 2000 and why is it significant?
-the labour government that came to power in the uk in 1997 decided to redress this situation though the freedom of information act in 2000. governments were too secure, it was widely condemned
-historically, citizens in the uk had no right to see information held by public bodies, whether it related personally to them or not. Since the act was passed, it has helped to improve such services as the health service, police, civil service and educational establishments, by shedding light on their activities and helping to promote reform
What is the equality act 2010 and why is it significant?
-the equality act requires that all legislation and all decision making by government must take into account formal equality for different sections of society, the act outlaws discrimination against any group, on the basis of age; gender, disability, race, sec, marriage, orientation, religion, in education, employment, healthcare, housing, law or finance
- there had been 2 parliamentary statues prior (race rejoin act 1965 and equal pay act) but they had failed to establish equality in the full sense and missed out important groups in society who have suffered discrimination e.g disabled and LGBTQ
What are the strengths of rights in the uk?
-the Uk is subject to the European convention on human rights
-the principle of equal rights is clearly established
-there is a strong common law tradition
-the judiciary has a reputation for being independent and upholding the rule of law even against the express wishes of government and parliament . The principle of equal rights is clearly established
What are the weaknesses of rights in the Uk?
-common law can be vague and disputed. It can also be set by parliamentary statutes
-parliament remains sovereign and so can ignore the ECHR or can even repeal the Human rights act
- there is increasing pressure on government, as a result of international terrorism to curtail rights in the interests of national security. The right to privacy, the right of association and expression as well as freedom from imprisonment without trial are all threatened
-what equality means is subject to interpretation and see groups coming into conflict over the enforcement of their rights such as religious groups and LGBTQ+ groups
What are some clear citizens responsibilities
-to obey the laws
-to pay taxes
-to undertake jury service when required
-responsibility to care for children
What are some disputed citizens responsibilities
-to serve in the armed forces when the country is under attack
-to vote in elections and referendums
-to respect the rights of all other citizens
-to respect the dominant values of the society
