Human Rights Flashcards

1
Q

Absolute Rights are those everyone is entitled to - can you name 4?

A

Article 2: A right to life.

Article 3: Prohibition of Torture.

Article 4: Prohibition of slavery/forced labour.

Article 7: No punishment without law.

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2
Q

Qualified/Limited Rights - “can be suspended or taken away in the interest of the rights of others” - name 4….

A

Article 5: Right to liberty & security (L)

Article 6: Right to a fair trial (L)

Article 8: Right to respect for a private life.

Article 9: Freedom of thought, conscience & Religion.

Article 10: Freedom of Expression

Article 11: Freedom of assembly & association.

Article 14: Prohibition of discrimination (L)

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3
Q

How many basic human rights are there..?

A

16

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4
Q

What are ABSOLUTE RIGHTS?

A

These “cannot be restricted or balanced with any general public interest”

Examples;
Art. 2. A right to have their life protected by law.
Art. 3. A right not to be tortured, or treatment/punishment that is inhumane or degrading.

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5
Q

What are QUALIFIED RIGHTS..?

A

These “can be suspended or taken away”

In policing this would refer to arrest

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6
Q

Within Human Rights Act it states about Qualified rights…
“Public Authorities such as Police can interfere with these rights…”
But when…??

A

If it is in the interest of the wider community.

If it is necessary and fair to protect;
• Public Safety
• Public Order
• Health or Morals
• Rights & Freedoms of others
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7
Q

Article 5 - often referred to as a ‘limited right’ - The Right To Liberty - has a direct link to PACE, how..?

A

Police can deprive a person of their liberty by arresting them, if they suspect them of committing a crime.

Section 24 of PACE states that we now have to state the necessity upon arrest.

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8
Q

Human Rights Act Article 6 “innocent until proven guilty” has provisions for the suspect stated within PACE - what are they?

A

Suspect must be informed about the nature of the allegation.

Must be given time and facilities for defence (eg. solicitor/translator)

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9
Q

Human Rights Article 8 (2) states;
“No interference by a public authority except in accordance with the law and as necessary in a democratic society”

What does this mean for Police?

A

Basically…
Police can only interfere with qualified rights to the extent allowed by UK Law for one of the interests specifically listed.

For example: National Security, Prevention of Crime

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10
Q

Human Rights Article 8 (2) states;
“No interference by a public authority except in accordance with the law and as necessary in a democratic society”

Give an example when this could be done… (3 key points)

A

Monitoring of a drug dealers phone interferes with his Art. 8,
This can ONLY be done;
1️⃣ If there is a law that provides the power.
2️⃣ One of the “interests” can be used (prevention of crime)
3️⃣ It is necessary (in this case, necessary to gather evidence)

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