Human Rights Flashcards
What is Article 14 of the Human Rights Act?
The enjoyment of rights and freedoms set forth in this convention should be secured without discrimination on any grounds such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
When and how is the Human Rights Act used?
Used to form part of decision making processes when making decisions regarding people’s rights/ Also is part of all policy making.
What is Article 2 of the HRA?
The right to life (limited)
What is article 3 of the HRA?
The right to be free from inhuman and degrading treatment (absolute)
What is Article 8 of the HRA?
The right to respect for privacy and family life (qualified)
What is Article 12 of the HRA?
The right to marry and found a family.
What is meant by absolute rights?
The rights that are not limited to specific circumstances.
What are examples of absolute rights?
Article 3 - right to protection from torture, inhuman and degrading treatment and punishment
Article 4 - the prohibition on slavery and enforced labour
Article 7 - protection from retrospective criminal penalties
What is meant by limited/qualified rights?
Rights that are limited under explicit and finite circumstances
What are examples of limited/qualified rights?
Article 5 - right to liberty Article 8(2) - state can restrict the right to respect for privacy and family life
What is liberalism?
Taking into account the individual’s autonomy with regards to human rights
What is stated in Section 3 of the NHS Act 2006?
No absolute duty
No positive obligation on secretary of state to provide funds
Duty to provide services to such extent as he considers necessary to meet all reasonable requirements.
refusal of treatment solely due to advanced age goes against which articles of the HRA?
Article 2 - right to life
Article 14 - prohibition of discrimination
Denying resources based on gender or sexuality goes against which article of the HRA?
Article 14 - prohibition of discrimination.