Human rights

Question 1

What are human rights ?

Answer 1

Human rights are those rights that are essential to live as human beings – basic standards without which people cannot survive and develop in dignity

Question 2

When was the concept of human rights introduced ?

Answer 2

-United Nations set a common standard on human rights with the adoption of the Universal Declaration of Human Rights in 1948

Question 3

When was the human rights act introduced in the UK ?

Answer 3

2000

Question 4

What are the key sections of the human rights act 1988 ?

Answer 4

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

Question 5

What does S7 of the HRA state ?

Answer 5

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

Question 6

What does s19 of the HRA state \?

Answer 6

• 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

Question 7

What does s19(1)b) state ?

Answer 7

) states that a law can be passed without declaration of incompatibility

Question 8

What does s2)1) state ? Give a case as an example

Answer 8

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

Question 9

What does s3 of the HRA state ?

Answer 9

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.”

Question 10

What is meant by reading down ?

Answer 10

– to introduce limiting words or meanings

Question 11

What is meant by reading in ?

Answer 11

To introduce words or meanings into an Act to create safeguards to ensure the Act is Convention compliant.

Question 12

What is meant by reading out?

Answer 12

– where the courts remove or will not enforce provisions which would otherwise make the statute incompatible with Convention rights

Question 13

What is the relevance of the case of Ghaidan v Godin- Mendoza ?

Answer 13

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.

Question 14

What section of the human rights act allows a declaration of incompiatbilty ?

Answer 14

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

Question 15

What happens if a declaration of incompatibility is made? What can the government do ?

Answer 15

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

Question 16

What was the significance of Bellinger v Bellinger? What impact did it have on the law

Answer 16

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

Question 17

What was the significance and impact of the case of R Anderson v secretary of state for the home department

Answer 17

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

Question 18

What is the significance of A and ORs v secretary of state for the home department? What changes to the law did this make ?

Answer 18

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

Question 19

What does s10 of the HRA act allow parliament to do

Answer 19

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.”

Question 20

What does s6 of the HRA state ?

Answer 20

That it is tates that it is unlawful for a public authority to act in a manner which is incompatible with Convention rights.

Question 21

What is seen as a standard public authorities

Answer 21

such as the NHS, armed forces or prison services.

Question 22

What is seen as functional public authorities?

Answer 22

can be classed as either public or private depending on the nature of their work and the proximity of their relationship with the State.

Question 23

What is the leading case that defined what should be looked at regarding a public authority ?

Answer 23

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.

Question 24

What case established that a private care home is not seen as a public authority ?

Answer 24

YL v Birmingham City Council and others- public care homes not under s6

Question 25

Is the court a public authority?

Answer 25

Yes nd therefore have a duty to protect human rights. This gives a form of implied horizontal direct effect:
- The case of Douglas and Jones v Hello! Ltd

Question 26

What does article 8 of the Hra state ?

Answer 26

That he court can grant “any just and appropriate remedy within its powers.” It is useful to note here that the UK chose not to incorporate Article 13 ECHR which would have required courts to provide an “effective remedy.”

Question 27

What is meant by the human rights act being entrenched in the legal system in ?

Answer 27

The HRA is not entrenched in the constitution because the UK operates under an uncodified constitution this means that the current government could repeal the HRA if they wished. Labour government who introduced the HRA did not discuss any way of protecting and entrenching this in the Constitution , as a result the 2015 conservative government manifesto mentioned a Uk bill or rights which would mean that all domestic courts would be making decisions on human rights rath3er than the ECHR

Question 28

What would the government require if they wanted to introduce a UK bill of rights ?

Answer 28

An areemnet between all the devolved bodies such as Scotland , Wales and Northern Ireland

• Scotland- devolved powers were given in 1998 due to the Scotland act which stated that no aqct can modify the HRA
• Wales - Section 108 of the Government of Wales Act 1998 states that and Act passed by Welsh Assembly which is incompatible with the ECHR will be invalid.
• Northen Ireland- rs to make laws were devolved to Northern Ireland in 1998. Section 7 of the Northern Ireland Act 1998 states that the Assembly cannot modify the HRA nor can it be modified by subordinate legislation.

Question 29

What are the main weaknesses of the HRA

Answer 29

1- Gives too much power to judges. judges are unelected and
unaccountable bodies.

2. Entrenchment- ENTRENCHED - this means it is not permanent and so any new government could scrap it. We have no entrenched laws in this country, unlike America that has a Bill of Rights, this suggests that a UK Bill of Right may be much better and protect rights more adequality

3.

Question 30

What are the main adv of a UK bill or rights

Answer 30

• Entrenchment- a UK Bill of Rights is more effective because it is more likely to be entrenched and apart of our constitution, this means its more likely to protect and uphold rights in the UK because it cannot be repelled or amended unlike the HRA. This also means that rights are fixed and ..

Question 31

What are the main weaknesses of a UK Bill or Rights.

Answer 31

• Entrenchment- the idea that rights are fixed and difficult to remove suggests that this could be threatening to rights and rights could become very outdated very quickly as society moves on. This indicates that a UK Bill of Rights is not necessary and HRA is apart of an uncodified constitution which is flexible and moves in accordance with modern day society.