1.4 - Rights in Context Flashcards
What are the key rights protections in the UK?
1953 - European Convention on Human Richts
1998 - Human Rights Act
2000 - freedom of information
2006 - Terrorism Act
2009 - Supreme Court opens as highest court
2016 - Investigatory Powers Act
What is an example of rights being implemented for the ‘collective right’?
2016 - Two uber drivers sued uber claiming they were employees and not self employed. They were represented by the GMB union speaking on behalf of 40,000. They won their case and the right to have holiday pay and minimum wage
What is an example of conflicting rights?
2008 Christian couple with a B&B refused to let an unmarried gay couple stay in their air b&b as they did not let anyone unmarried share a room. The case ended up in the supreme court and ruled against the B&B
What are Civil Liberties?
The rights and freedoms enjoyed by citizens that protect them from unfair and arbitrary treatment by the state and the government.
What are 3 examples of civil liberties?
- freedom of speech
- freedom of press
- freedom of religious services
What are civil rights?
Those rights and freedom that are protected by the Government, meaning the state must take active role in ensuring people are protected and allowed to carry out these rights freely and equally
What are some examples of civil rights?
- right to life
- right to vote
- right to education
What are human rights and their characteristics?
- absolute – they cannot be compromised or diminished in anyway
- universal - they apply to everyone
- fundamental - meaning they are an essential part of life and cannot be removed for any reason
What are posative rights?
Clearly given to a citizen usually in the form of a constitutional protection (an act or bill of rights)
What are negative rights?
Not explicitly set out and only exist because of an absence of any law banning
Which form of rights protection in the UK is led by the judiciary?
Common Law
Which of the protections of rights have been led by parliament?
- Human Rights Act
- Freedom of Information Act
- Equality Act
What was the reason why Eqaykities Act is seen to make a major contribution to thr protection of tights in the UK?
Required all legislation and all decision making by government at any level, must take into account different sections of society
What powers have the UK courts been granted by the passing of the Human Rights Act (1998) and how do they indicate when they judge that a breach has taken place?
The act gave the UK courts the power to overturn deductions by UK public authorities, but not to overrule legislation passed by parliament (due to their sovereignty). They could then have the power to declare such legislation to be incompatible with the convention
What happens in a UK citizen fails to get a remedy before the UK courts? How does the Act change the relationship between a UK claimant and the UK courts?
They take a case to the European Council of Human Rights in Strasbourg
