Human rights Flashcards
What are human rights ?
Human rights are those rights that are essential to live as human beings – basic standards without which people cannot survive and develop in dignity
When was the concept of human rights introduced ?
-United Nations set a common standard on human rights with the adoption of the Universal Declaration of Human Rights in 1948
When was the human rights act introduced in the UK ?
2000
What are the key sections of the human rights act 1988 ?
s7 of the human rights act 1988 which states that the ECHR is now directly applicable in UK courts
- s19 Requires Parliament to make a statement of compatibility for any Act of Parliament passed.
- s2- – UK courts have an obligation to take in to account decisions made by the ECtHR.
- s3 judicial interpretation - Requires judges to interpret UK legislation in a way which upholds rights under the ECHR
- s4 judges can pass a declaration of incompatibility
- s6 public authorities- – Public bodies must act in a way is compatible with the rights under the ECHR
- s8
- s10- Fast track procedure for amendments to legislation.
- S19(1)B) states that a law can be passed without declaration of incompatibility
- S(2)1) hra states that courts must take into past decisions of the ECHR where relevant
What does S7 of the HRA state ?
s7 of the human rights act 1988 which states that the ECHR is now directly applicable in UK courts - there is no need to go to the european court
What does s19 of the HRA state \?
- s19 of the HRA which states that legislation passed after the human rights act came into force should have a statement of compatibility -this requires parliament to show bit has considered the human right issues
What does s19(1)b) state ?
) states that a law can be passed without declaration of incompatibility
What does s2)1) state ? Give a case as an example
This states that judges should take into account previous judicial precedent from the echr
Kay and another V london borough of Lambeth and leeds city council v prince
What does s3 of the HRA state ?
equires that “so far as it is possible to do so legislation must be read and given effect in a way which is compatible with the Convention rights.”
What is meant by reading down ?
– to introduce limiting words or meanings
What is meant by reading in ?
To introduce words or meanings into an Act to create safeguards to ensure the Act is Convention compliant.
What is meant by reading out?
– where the courts remove or will not enforce provisions which would otherwise make the statute incompatible with Convention rights
What is the relevance of the case of Ghaidan v Godin- Mendoza ?
Facts- This is where a homosexual partner felt discriminated against
- Held - the courts geld that the rent act 1997 was incompatible with article 8 and 14 and used s.3 interpretation to reinterpret the law to include homosexual couples.
What section of the human rights act allows a declaration of incompiatbilty ?
s.4 of the human rights act- The human rights act 1998 has limitations such as rights that are incompatibal3w with the HRA cannot be struck down which holds a degree of parliamentry sovereignty
What happens if a declaration of incompatibility is made? What can the government do ?
The government has the choice of:
- Doing nothing - ignoring the declaration
- Changing the offending law
- Make a remedy order that amends the act and under s.10 a peice of legilsation can be repelled ie henry vii clauses
What was the significance of Bellinger v Bellinger? What impact did it have on the law
The impact of B&B was that it lead to greater gender recognition which was reinforced through the gender recognition act 2004 which remedied the situation
What was the significance and impact of the case of R Anderson v secretary of state for the home department
Facts- This is where the applelant had been convicted of a double murder and there life sentence was increased by the home department
Changes to the law - This is significant because parliament removed the power of the home department and gave this power back to the courts to maintain the separation of powers and the independence of the judiciary
What is the significance of A and ORs v secretary of state for the home department? What changes to the law did this make ?
This was significant because it brought in the prevention of terrorism act 2005
- legislation in this case violated article 5 and 14 because evidence used was obtained by torture
What does s10 of the HRA act allow parliament to do
s10- states that if a declaration of incompatibility has been issued, Parliament has the power to change this quickly using a fast track procedure.
s10(2) - prliament can change the law using the fast track procedure if there is a “compelling reason.”
What does s6 of the HRA state ?
That it is tates that it is unlawful for a public authority to act in a manner which is incompatible with Convention rights.
What is seen as a standard public authorities
such as the NHS, armed forces or prison services.
What is seen as functional public authorities?
can be classed as either public or private depending on the nature of their work and the proximity of their relationship with the State.
What is the leading case that defined what should be looked at regarding a public authority ?
Poplar Housing and Regeneration Community Association Ltd v Donoghue [2001] the Court stressed that the definition of what is a public authority should be given a generous interpretation. Things like:
Statutory authority
- Control over the function by another body which is a public authority
- Acts which might be of a private nature being enmeshed in the activities of a public body
- Closeness of the relationship with a public body
- Transfer of responsibilities between public and private sectors.
What case established that a private care home is not seen as a public authority ?
YL v Birmingham City Council and others- public care homes not under s6
