Human Rights Act

Question 1

Human Rights Act 1998

Answer 1

state obligation to provide individuals with basic needs of human life

Question 2

History

Answer 2

-united nations formed after WW2
-council of Europe
-ECHR drawn up and signed in Rome 1950

Question 3

Art 1

Answer 3

rights respected

Question 4

Art 2

Answer 4

life

Question 5

Art 3

Answer 5

freedom from torture

Question 6

Art 4

Answer 6

slavery

Question 7

Art 5

Answer 7

liberty

Question 8

Art 6

Answer 8

Fair Trail

Question 9

Art 7

Answer 9

Retrospective law

Question 10

Art 8

Answer 10

private life

Question 11

Art 9

Answer 11

conscience and religion

Question 12

Art 10

Answer 12

freedom of expression

Question 13

Art 11

Answer 13

associations

Question 14

Art 12

Answer 14

marriage and family

Question 15

Art 13

Answer 15

effective remedy

Question 16

Art 14

Answer 16

Discrimination

Question 17

Absolute

Answer 17

cant restrict in any circumstance
Art 2 Art 6

Question 18

Limited

Answer 18

come with exceptions, can be lawfully restricted
Art 5

Question 19

Qualified

Answer 19

restricted in order to protect rights of other people, public interest
Art 8 Art 10 Art 11

Question 20

Enforce Rights

Answer 20

Enforce your rights in the convention only against public bodies

Question 21

Advantages of HR 1998

Answer 21

-access to rights
-conformity
-avoids conflicts between UK and international
-run for 30yrs

Question 22

Disadvantages of HR 1998

Answer 22

-not entrenched
-too little judicial power
-only foreseeable against state not private

Question 23

Reform

Answer 23

Equality and HR Commission 2007
-Conservative Party wanted to scrape Human Rights from 2010 to 2015

Question 24

Bill of Rights Advantages

Answer 24

-control on executives
-increase power of judiciary
-entrenched
-new rights
-no ECHR influence

Question 25

Bill of Rights Disadvantages

Answer 25

-no ECHR influence
-margin of appreciation
-unnecessary
-undemocratic
-inflexible
-uncertainty