component 1: rights

Question 1

the human rights act 1998

Answer 1

• had 3 key aims:
  1 - bring rights back home: made rights mroe available by ensuring that british citizens could bring rights cases to british courts. It is possible to change an act of arliamanet and courts can issue a decleration of incompatibility if law clashes with rights
  2 - create a culture of respect for rights: placed legal duty on all public organisations e.g. NHS, police, local councils to respect and protect rights.
  3 - increase public awareness of human rights.

Question 2

freedom of information act 2001

Answer 2

• allowed the public greater access to infomation held by public authorities but gov can refuse request if it affects national security. Creates an open gov where decisions that affect people’s lives are open to scrutiny. From 2005-2015 there were 400,000 requess, 90,000 were denied. It allows public access to information held by public authorities.
• Up-to-date example: journalist reueted the number of children killed by UK forces in Afghanistan, the previous number was 16 but the request showed 64.

Question 3

equality act 2010

Answer 3

This act strengthened against discrimination and promoted equality of oppurtunity. It outlines 9 protected characteristics: ethnicity, religion, disability, sexual orientation, marriage/civil partnership, maternity, sex, gender reassignment, age.
- It requires public bodies to pay attention to eliminating discrimination advancing equality of oppurtunity and protects people in the workplace.

Question 4

limits and tensions of rights protection

Answer 4

• rights can be derogated in a state of emergency, this happened in covid lockdowns: right to move freely, education. Also in the anti-terrorism, crime and security act 2001 which allowed the detention of foreign nationals suspected of terrorism but everyone has the right to fair trial.
• Rights can clash, sometimes collective and individual rights clash: belfast bakery. Supreme court ruled that a bakery run by evangelical christians did not have to make a ckae with support gay marriage written on it. under article 10: SC ruled tat freedom of expression also includes the right not to express an opinion one does not hold.
• Howard league for penal reform: works with parliament and publis to promote civil liberties, campainged against restrictions place on prisoners recieving books in prison.