Demo & Particip - Rights in Context

Question 1

HRA 1998

Answer 1

• Incorporated ECHR into uk law
• Now can challenge laws in UK courts rather than ECHR
• UK courts can issue declaration of incompatibility
• Turned negative rights into positive rights to be protected by courts

Question 2

Freedom of Information act 2000

Answer 2

• Increased transparency of previously secretive governernmetn (2009 MP Expenses scandal daily mail)
• Citizens are able to request data gov holds on them
• National security overrides this in many cases
• Increases transparency over decision making in government

Question 3

The equality act 2010

Answer 3

• Previously Race relations act 1965 and Equal Pay act, but did not cover all d
• (In gov legislation too) Illegal to discriminate on Religion, Gender, Age, Disability, Marriage, Pregnancy, Race or sexual orientation

Question 4

How well Rights in the UK protected, Argument for/however 4x

Answer 4

• There is a strong common law tradition (Habeas Corpus 3 day to charge)(Statute law - Race relations act 1965), however, common law can be vague and set aside by parliamentary statutes
• The UK is subject to the ECHR, however, parliament remains sovereign and can repeal. 2008 Terrorism act damages this
• The judiciary often holds up rule of law, even against gov, however, increasing pressure, in the interest of national security, has curtailed these.
• The principle of equal rights is established, however, the equality is subjective and some groups may not agree (Religious/LGBT)

Question 5

Individual and collective rights conflict

Answer 5

Conflicts
Freedom of expression - Right of religious views not questioned
RIght to privacy - Right of community to be safe via privacy invasion
Right to press freedom - Right to privacy of public figures
Right to demonstrate - Right to freedom of movement
Right to strike - Right to expect service from tax paid servants

Question 6

Civil Liberties pressure groups case study 2x

Liberty

Answer 6

Founding and objectives
1934 with the aim to combat government measures to restrict freedom and threat of facism
Protect and uphold rights and liberties across the UK, encouraging rights culture

Methods
Research into rights abuses, results published through media
Legal challenges against abuses such as UK lockdown law, women’s rights
Works with government and parliament to advise on legislation to ensure compliance with HRA

Successes
Large success is due dual think tank pressure group setup allowing mass membership (protests) and legal action
2020 challenged BCP Council order that criminalised rough sleep and begging
Following 2015 GE, campaigned to save human rights act after Cons. manifesto to repeal and replace. Has since disappeared from new manis

Failures
Failed to ban facial recognition across the UK
Lockdown continued
Failed in legal case that would have prevented no deal brexit

Question 7

Civil Liberties pressure groups case study 2x

Amnesty International

Answer 7

Founding and objectives
1961 as an I NGO to protest justice, truth and liberty failures. Exposing and ending abuses and educating

Methods
Raising awareness and public support to apply pressure
Research and publicise reports

Success
Successful because of global reach/contacts and major financial resources
Wrongfully imprisoned, freed. DR Congo prisoners on democratic mission, Mexico torture
84$M settlement to locals after shell oil spill Nigeria 2008
India decriminalised SSM

Failures
Despite 40K online action, Chinas Uighurs abuses
Australia, India and US have criticised their one sided nature, neglecting security
Massive salaries and pay outs for senior employees