1.4 Rights in context Flashcards
What are human rights?
Human rights are fundamental rights that belong to every individual regardless of nationality or citizenship. They are often considered universal and inalienable, meaning they cannot be taken away.
Example: The right to life, the right to freedom of expression.
What are civil liberties?
Civil liberties are specific rights granted to citizens by the state, primarily focusing on freedoms from government interference.
Example: The right to a fair trial
How do human rights and civil liberties differ?
Human rights apply to all people everywhere, while civil liberties are specific to a country. Civil liberties are granted and protected by a country’s laws, while human rights are universal principles.
What are civil rights in the UK?
Civil rights in the UK include both:
- Individual rights such as privacy and freedom of speech.
- Collective rights such as protection from violence and the right to a clean environment.
Since the UK does not have a written constitution, its citizens’ rights have developed through historical events, court rulings, and Acts of Parliament.
Why are British rights called ‘negative rights’?
British rights are traditionally known as negative rights because people are free to do anything unless the law specifically forbids it.
Unlike some countries that list all the rights people have, the UK assumes that individuals have all freedoms unless explicitly restricted by law.
What was the significance of Magna Carta (1215)?
The Magna Carta laid the foundation for British civil liberties. It established key principles such as:
• The law should be impartial. • No free man should be convicted of a crime unless he has been fairly tried.
This document introduced the idea that no one, not even the king, is above the law.
What was the Bill of Rights (1689)?
The Bill of Rights was a historic document in which King William III agreed to rule with Parliament’s consent. It:
- Created a constitutional monarchy.
- Established that the king must follow the law.
- Protected parliamentary authority and individual freedoms.
What did Somerset v Stewart (1772) decide?
This court case set a legal precedent by declaring that slavery was illegal in the UK because there were no laws supporting it.
What was the Representation of the People Act (1928)?
This act granted universal suffrage, meaning that all adults, regardless of gender or wealth, were given the right to vote.
How did the Human Rights Act (1998) change British law?
Human Rights Act incorporated the European Convention on Human Rights (ECHR) into UK law.
Before this, British rights were based on a mix of laws and court rulings, making them unclear or hard to enforce.
• This Act clearly outlined key rights such as: • The right to life • The right to a fair trial
What does the Freedom of Information Act (2000) allow?
It gives the public the right to access information from public bodies (e.g., the NHS, government departments) unless it threatens national security.
Example: The 2009 MPs’ expenses scandal was exposed using this law when journalists accessed records of how MPs were spending public money.
What is the Equality Act (2010)?
The Equality Act combines earlier anti-discrimination laws and ensures that people are treated equally under the law. It prohibits discrimination based on:
• Age
• Disability
• Gender reassignment
• Race
• Religion or belief
• Sex
• Marriage and civil partnership
• Pregnancy and maternity
What are civic responsibilities?
Citizens have responsibilities alongside their rights. Some are legally enforced, such as:
• Paying taxes
• Serving on a jury
Other responsibilities, such as voting, are expected but not legally required.
What did the Anti-Terrorism, Crime and Security Act (2001) allow?
This law, passed after the 9/11 attacks, allowed the government to Imprison foreign terrorist suspects without trial.
It was controversial as it restricted civil liberties in the name of security.
What did the Serious Organised Crime and Police Act (2005) do?
- It limited protests near Parliament.
- It made inciting religious hatred a crime.
What did the Terrorism Act (2006) change?
It extended the period terrorist suspects could be held without charge from 14 days to 28 days.
Example: If someone was arrested for terrorism, police could detain them longer while gathering evidence.
What did the Investigatory Powers Act (2016) permit?
It gave the government the power to collect and access personal electronic data for law enforcement.
Why was the Police, Crime, Sentencing and Courts Act controversial?
This act gave police more power to limit protests, which civil liberties groups opposed.
- The government argued it was needed to prevent disruptions.
- Critics argued it restricted the right to protest, an important part of democracy.
What was the policy to send asylum seekers to Rwanda?
Introduced by the Johnson government in 2022, this policy aimed to:
- Stop illegal migration by deporting asylum seekers to Rwanda while their cases were processed.
- The government argued it would prevent human trafficking.
- Critics, including the Archbishop of Canterbury, said it was a way for the UK to avoid its duty to help refugees.
How have terrorist attacks affected civil liberties?
- The 2005 London Bombing, which killed 52 people, led to new anti-terror laws.
- The government introduced laws restricting freedoms in the name of security, such as increasing surveillance powers and limiting protest rights.
Why is there often tension between individual and collective rights?
Individual rights protect personal freedoms, while collective rights focus on security and stability. Governments must balance the two, especially after crises.
How did 9/11 and the Iraq War impact civil liberties?
After 9/11 and the Iraq War, governments increased surveillance and security measures, but civil liberties groups (e.g., Liberty) argued this restricted personal freedoms and eroded privacy rights.
How did the 2004 Belmarsh Case protect civil liberties?
The courts ruled that detaining international terrorism suspects without trial was unfair and violated the European Convention on Human Rights, leading to their release.
Why was Abu Qatada’s deportation delayed for 8 years?
UK courts feared Jordan would use evidence obtained through torture, violating his right to a fair trial.
How was Abu Qatada’s case resolved?
He was deported in 2014 after Jordan promised not to use evidence obtained through torture in his trial.
How did the UK Supreme Court protect LGBTQ+ asylum seekers in 2010?
The court ruled that people persecuted for their sexuality in their home countries could claim asylum in the UK.
What did Lord Hope say about LGBTQ+ rights in asylum cases?
He stated that forcing someone to hide their sexuality denies them the right to be who they are.
What conflict did the Ashers Bakery case highlight?
The balance between freedom of religion and anti-discrimination laws.
What was the Supreme Court’s ruling in the Ashers Bakery case?
The court ruled that the bakery had the right to refuse to promote a message they disagreed with based on religious beliefs, as long as they were not discriminating against the customer personally.
Why do some argue civil liberties are not fully protected in the UK?
The Human Rights Act is not a higher law and can be overridden by Parliament at any time.
How did the UK government respond to the Belmarsh ruling?
The Blair government introduced control orders, restricting movements of terror suspects without keeping them in prison, despite the court’s decision.
Why do civil rights groups like Liberty play an important role in the UK?
Because judges cannot block laws that violate rights, groups like Liberty challenge unfair policies and raise public awareness.
How does Amnesty International promote human rights?
By raising awareness, lobbying politicians, and mobilizing public support.
How does Amnesty International use technology to support human rights?
- Pocket Protest: An SMS campaign that allows supporters to sign petitions and protest human rights violations instantly.
- Nazanin Zaghari-Ratcliffe Case: Amnesty’s campaigns helped pressure the UK government to secure her release.
How did Liberty challenge facial recognition technology?
Ed Bridges Case: Liberty successfully argued that police use of facial recognition technology violated privacy rights, leading to a court ruling in favor of stricter controls.
Why do some politicians want to replace the Human Rights Act?
They argue it protects criminals too much and limits the UK’s ability to deport foreign offenders.
Why is Article 8 of the Human Rights Act controversial?
It protects the right to family life, allowing some criminals to avoid deportation by claiming their removal would separate them from their families.
