ETVT Human rights are well protected in the UK Flashcards
ETVT Human rights are well protected in the UK
- Statue law and judicial review
- Strong culture of rights protection in the UK
- Pressure groups effectively protect rights
Statue law and judicial review means RIGHTS ARE PROTECTED
The UK has one of the best records among the 47 signatories to ECHR of compliance with decisions, most are accepted.
Significant statue law protection in the UK, Human Rights act 1998, Freedom of information Act 2000, Equality Act 2010.
EXPENSES SCANDAL 2009
The disclosure of widespread misuse of allowances and expenses permitted to Members of Parliament (MPs) aroused widespread anger among the UK public and resulted in a large number of resignations, sackings, de-selections and retirement announcements together with public apologies and the repayment of expenses.
In R v Secretary of State for the international development 2018, the UKSC ruled that Civil Partnerships Act 2004 was incompatible because different sex couples could not enter into civil partnership which breached their rights under article 14 of the HRA.
The government amended the law the following year via the Civil partnership regulations 2019.
Hirst v UK 2005 the ECHR ruled that the blanket ban on prisoners exercising their right to vote was violating Article 3.
A v secretary of state for the home department, in 2004 it held that indefinite detention of foreign prisoners in Belmarsh without trial under was incompatible with the European convention of human rights and therefore the HRA.
Statue law and Judicial review means RIGHTS ARE NOT PROTECTED
HRA has its limitations, government does not need to make changes to the Acts in order to incorporate judicial review. Parliamentary sovereignty means that statue law takes precedent over common law, therefore a ‘declaration of incompatibility’ is the most the court can do.
On 31st July 2020 the conservative government established a independent panel to look at whether there should be reform in the judicial review process, to see if the right balance was struck between the rights of the citizens to challenge executive decisions and the need for effective governance.
In the 2019 election the conservative party included in its manifesto that they would ‘update the human rights act and administrative law to ensure the proper balance between the rights and effective government’.
Suella braverman particulary wants to reduce the courts power, The attempted judicial review of former Prime Minister Theresa May’s triggering of Article 50 in the case of Wilson v Prime Minister is a stark example, with a costs order against the applicants of over £17,000.
Strong culture of rights protection in the UK means RIGHTS ARE PROTECTED
Within parliament and other public bodies there is significant respect and protection of human rights and the prevention of discrimination.
Mersey Care NHS trust worked with the British institute for Human rights to develop a ‘rights based’ approach to their services, they developed safe spaces for relatives to visit children in secure mental health settings that complied with Article 8.
Parliament established a joint committee on human rights, made of peers from both the house of lords and MPs from the house of commons in order to scrutinise every government bill on its compatibility with human rights.
In 2020 the committee opened a inquiry In whether the UK response to the pandemic was compliant with Article 2,5 and 8 of the HRA.
The Equality and Human Rights commission promotes and upholds equality and human rights ideals and law across the UK, in 2020 the commission carried out investigation into allegation of antisemitism in the labour arty and suspected pay discrimination in the BBC.
Strong culture of rights protection in the UK means RIGHTS ARE NOT PROTECTED
There are still questions to be raise over significant commitment to human tights, the government of both main parties and public bodies have a patchy record of upholding rights.
The Labour governments Anti-Terrorism, Crime and security Act 2001 introduced a indefinite detention for terror suspects, ruled incompatible in the Belmarsh case.
The Prevention of Terrorism act 2004 which introduce control order, suffered two defeats, one on 18 hour curfews in 2007 and on secret evidence to impose control orders as a clash with right to a fair trial.
David Cameron described prisoners right to vote in Hirst v UK as ‘making him physically ill’.
In 2016 the conservative government oversaw the passage of the investigatory powers act, in 2017 it was ruled that the government unlawfully obtained data from communications companies and didn’t put in place operational safeguards under article 8.
The COVID Act 2020 has been subject to huge criticism from a range of human rights organisations such as Liberty and the British institute for human rights, in particular in relations to the rights of older adults and disabled adults.
Police, Crime and Sentencing Act (2022), including Police will be able to set noise limits on peaceful protests, Police will be able to set a start and end time on peaceful protests. The HoL made 14 amendments but each one was rejected.
Pressure groups effectively PROTECT RIGHTS
Liberty, The National Council for Civil Liberties rebranded as liberty in 1989, carries out research into rights abuses and publicises them through media campaigns, whilst supporting bringing legal challenges against rights abusers.
In 2020 Liberty used legal actions by brining a case under the HRA to successfully pressurise the BCP council into removing parts of the Public Spaces protection order that has been used to criminalise beggars.
Following the election in 2015 they launched a campaign to ‘save the human rights act’ and to publicise and oppose the conservative manifesto.
In 2007 they engaged in a campaign to build up the public and parliamentary support to oppose the clause in counter terrorism bill that would allow the police to detain terror suspects without charge for 42 days, it was dropped in 2008.
Pressure groups DO NOT PROTECT RIGHTS
Pressure groups are only some what effective and at times do not protect rights.
Liberty have failed so far in it attempts to ban the use of facial recognition across the UK, which is still used by many security organisations including the Met police.
They also organised petitions and campaigns against lockdown restrictions in 2020 and 2021, the government although chose to continue with such restrictions and arguably impose on peoples freedoms in the name of public health, showing ultimately power is with the government.
Despite persuading the Lib Dems to pass a motion against the Justice and Security Bill of 2012 the bill became Law in 2013.
