Human Rights

Question 1

What does the UK not have?

Answer 1

A written constitution

Question 2

Why does the UK not yet have a written constitution?

Answer 2

Because concepts of rights and civil liberties have existed in the UK for a long time

Question 3

How have UK human rights been protected?

Answer 3

Through the Human rights act 1998 (act of parliament incoorperated the EU convention of human rights into english law)

Question 4

What is the EU convention on human rights?

Answer 4

A treaty made by countries who signed it agreeing their citizens basic rights

Question 5

When was the EU convention of human rights signed?

Answer 5

1950 and became binding in 1953

Question 6

Why did they come up with an EU convention on human rights?

Answer 6

Horrors of ww2 on citizens as their rights had not been protected

Question 7

How many countries have signed the EU convention on human rights?

Answer 7

45

Question 8

Any country that has signed the ECHR can take a case where?

Answer 8

European Court of Human Rights in Strasbourg

Question 9

What are some of the main articles in the ECHR?

Answer 9

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

Question 10

What is one of the more recent rights added in 1952?

Answer 10

Right to education

Question 11

What does the article also contain?

Answer 11

Exceptions as to when the rights can be withheld from us, for example if it is necessary to protect national security

Question 12

When was the European Court of Hunan Rights set up?

Answer 12

1959 Strasbourg

Question 13

What does the ECHR aim to protect?

Answer 13

Civil and political rights of the continents citizens

Question 14

When will the ECHR only hear a case?

Answer 14

When all domestic legal avenues have been exaushted

Question 15

Even after the passing of the HRA what is it still possible to do?

Answer 15

Bring cases against the UK In the ECHR

Question 16

What does the case A v Uk 1999 state?

Answer 16

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

Question 17

When did the HRA come into force,

Answer 17

2nd October 2000

Question 18

What does the HRA mean?

Answer 18

The ECHR are now part of UK law so judges in the UK can apply the convention on human rights to all cases

Question 19

What does the HRA affect in the UK?

Answer 19

The way government and private authorities deal with individuals

Question 20

When can you take a public authority to a court?

Answer 20

If your rights have been breached you can seek redress

Question 21

What do some courts have the power to declare?

Answer 21

That acts of parliament are incompatible with your rights - strong signal to parliament to change the law but cannot be forced too

Question 22

What does the HRA not take away?

Answer 22

Existing human rights

Question 23

Under section 2 of the HRA what does domestic judiciary mean?

Answer 23

Courts must take into account any relevant judgements from the ECHR but are not bound by them

Question 24

What does section 3 of the ECHR require?

Answer 24

If the courts can read the law in a way to protect your human rights then they should do so

Question 25

What is a case illustrating section 3 of the HRA?

Answer 25

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

Question 26

Why does section 3 of the HRA have it’s limits?

Answer 26

Case Re S (Children) where HOL rejected use of section 3 as it would undermine a fundamental feature of the children act 1989

Question 27

What can judges not strike out which means HRA has it’s limitations?

Answer 27

Laws which are incompatible with human rights (upholds the principle of parliamentary sovereignty)

Question 28

When can courts issue a declaration of incompatibility?

Answer 28

If courts find legislation imcompatiable, allows a minister to amend the law was a fast track process

Question 29

When was a declaration of imcompatibility issued?

Answer 29

in Wilson v First County Trust 2003 (part of consumer credit act 1974 was incompatiable)

Question 30

What does section 6 of the HRA say about public authorities?

Answer 30

Its unlawful for them to act in a way which is incompatiable with convention rights

Question 31

What did the case YL v Birmingham City Council 2007 say about section 6 and private bodies?

Answer 31

A private body could be included in section 6 if its functions are of a public nature

Question 32

What does section 7 of the HRA state?

Answer 32

The convention is not directly applicable in UK courts, no need to go to ECHR (only as last resort)

Question 33

What does section 19 of the HRA state about bills?

Answer 33

All bills must contain a written statement as to whether the bill is compatible with the convention

Question 34

What are 5 advantages of the HRA?

Answer 34

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

Question 35

What are 4 disadvantages of the HRA?

Answer 35

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