Human Rights

Question 1

Name four arguments for enacting the the ECHR into British law.

Answer 1

1. The need for a positive statement of rights.
2. Domestic law was inadequate.
3. A framework for rights protection in the UK.
4. Rights would be more practically effective if part of domestic law.

Question 2

Name three arguments against enacting the the ECHR into British law.

Answer 2

1. It would give enhanced power to the judiciary.
2. There was a risk of enhanced uncertainty.
3. Rights were already securely protected in the UK through existing statute law and the common law.

Question 3

When was the Human Rights Act enacted? When did it come into force?

Answer 3

November 1998, October 2000.

Question 4

What were the six arguments for enacting the Human Rights Act?

Answer 4

1. The UK played a leading role in drafting the European Convention on Human Rights and the UK was one of the first countries to ratify it (March 1951).
2. Individual complaints accepted since 1966.
3. Existing arrangements were no longer adequate.
4. There was a practical case for incorporation.
5. There was delay and cost for individuals.
6. It would enable the Courts to make direct use of Convention rights and influence the development of Case law.

Question 5

Name what Articles 1-12 of the HRA are, Article 14, Protocol 1 Article 1-3 and Protocol 13 Article 1.

Answer 5

Art 2 - the right to life, Art 3 - prohibition of torture, Art 4 - prohibition of slavery and forced labour, Art 5 - right to liberty and security, Art 6 - right to a fair trial, Art 7 - no punishment without trial, Art 8 - right to respect for private and family life, Art 9 - freedom of thought, conscience and religion, Art 10 - freedom of expression, Art 11 - freedom of assembly and association, Art 12 - right to marry, Art 14 - prohibition of discrimination, Pro 1 Art 1 - protection of property, Pro 1 Art 2 - right to education, Pro 1 Art 3 - right to free elections, Pro 3 Art 1 - abolition of the death penalty.

Question 6

Is Article 8 a qualified or absolute right? Explain.

Answer 6

It is a qualified right as it can be justified as long as it is in accordance with law, and necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Question 7

In what document is support for human rights given? Give an example.

Answer 7

The Belfast (Good Friday) Agreement 1998:
'we can best honour them through a fresh start, ... to the protection and vindication of the human rights of all. '

Question 8

What was the majority view in the Commission in their report on a British Bill of Rights - as promised by the Coalition government 2010.

Answer 8

1. There should be a UK Bill of Rights
2. Need for better protection
3. Need for more understanding of rights

Question 9

What was the minority view in the Commission in their report on a British Bill of Rights - as promised by the Coalition government 2010.

Answer 9

1. HRA works
2. Lack of public support for change
3. Importance of ECHR

Question 10

Is a British Bill of Rights likely to be enacted soon?

Answer 10

No - in the 2017 manifesto Theresa May said that the HRA will not be repealed or replaced whilst Brexit is underway.