Human Rights Flashcards
What does the UK not have?
A written constitution
Why does the UK not yet have a written constitution?
Because concepts of rights and civil liberties have existed in the UK for a long time
How have UK human rights been protected?
Through the Human rights act 1998 (act of parliament incoorperated the EU convention of human rights into english law)
What is the EU convention on human rights?
A treaty made by countries who signed it agreeing their citizens basic rights
When was the EU convention of human rights signed?
1950 and became binding in 1953
Why did they come up with an EU convention on human rights?
Horrors of ww2 on citizens as their rights had not been protected
How many countries have signed the EU convention on human rights?
45
Any country that has signed the ECHR can take a case where?
European Court of Human Rights in Strasbourg
What are some of the main articles in the ECHR?
Article 2 - right to life
Article 4 - freedom of slavery and forced labour
Article 6 - right to a fair trial
Article 8 - right to a private and family life
Article 10 - Right to freedom of expression
What is one of the more recent rights added in 1952?
Right to education
What does the article also contain?
Exceptions as to when the rights can be withheld from us, for example if it is necessary to protect national security
When was the European Court of Hunan Rights set up?
1959 Strasbourg
What does the ECHR aim to protect?
Civil and political rights of the continents citizens
When will the ECHR only hear a case?
When all domestic legal avenues have been exaushted
Even after the passing of the HRA what is it still possible to do?
Bring cases against the UK In the ECHR
What does the case A v Uk 1999 state?
9 year old boy beaten by stepfather
Arrested but acquitted using defence of reasonable chastisement
Case against UK, ECHR held rights under article 3 (torture, Inhuman and degrading treatment) were infringed
When did the HRA come into force,
2nd October 2000
What does the HRA mean?
The ECHR are now part of UK law so judges in the UK can apply the convention on human rights to all cases
What does the HRA affect in the UK?
The way government and private authorities deal with individuals
When can you take a public authority to a court?
If your rights have been breached you can seek redress
What do some courts have the power to declare?
That acts of parliament are incompatible with your rights - strong signal to parliament to change the law but cannot be forced too
What does the HRA not take away?
Existing human rights
Under section 2 of the HRA what does domestic judiciary mean?
Courts must take into account any relevant judgements from the ECHR but are not bound by them
What does section 3 of the ECHR require?
If the courts can read the law in a way to protect your human rights then they should do so
What is a case illustrating section 3 of the HRA?
Ghiadan v Godin-Mendoza 2004 (case concerned the rights of a homosexual man having a right of succession to tenancy if wife/husband died) under literal rule he couldn’t benefit as he was the HOMOSEXUAL PARTNER but ECHR found it was contrary to article 8 right to privacy and article 14 right to freedom from discrimination
Why does section 3 of the HRA have it’s limits?
Case Re S (Children) where HOL rejected use of section 3 as it would undermine a fundamental feature of the children act 1989
What can judges not strike out which means HRA has it’s limitations?
Laws which are incompatible with human rights (upholds the principle of parliamentary sovereignty)
When can courts issue a declaration of incompatibility?
If courts find legislation imcompatiable, allows a minister to amend the law was a fast track process
When was a declaration of imcompatibility issued?
in Wilson v First County Trust 2003 (part of consumer credit act 1974 was incompatiable)
What does section 6 of the HRA say about public authorities?
Its unlawful for them to act in a way which is incompatiable with convention rights
What did the case YL v Birmingham City Council 2007 say about section 6 and private bodies?
A private body could be included in section 6 if its functions are of a public nature
What does section 7 of the HRA state?
The convention is not directly applicable in UK courts, no need to go to ECHR (only as last resort)
What does section 19 of the HRA state about bills?
All bills must contain a written statement as to whether the bill is compatible with the convention
What are 5 advantages of the HRA?
Rights of UK citizens have been strengthened
Even if HRA was repealed, UK still answer to ECHR as a member of the EU
Gives all rights to humans equally
Cheaper for a citizen to seek remedy for violation of rights under HRA rather than going straight to EU
More convenient and less time consuming for citizen taking matter to court
What are 4 disadvantages of the HRA?
HRA can be repealed at any time
Countries are still allowed to stray from obligations to carry out rights in times of emergency
HRA gives to much power to judges
HRA should not be applicable to all as some people don’t deserve their rights
