Human rights and civil liberties Flashcards
Characteristics of the human rights act?
-1998 passed by the Blair government
-guarantees freedom of thought, conscience, religion expression, assembly and association.
-the passing meant that UK judges could decide rights in the UK rather than in Stasbourg and brought more accessibility to UK citizens.
-Judges could now vote that a law was incompatible with the human rights act and the government would be forced by popular pressure to revise it
why have people criticised the human rights act?
-argued that it allows judges to overstep their role and re-write legislation
supreme court overruling a devolved body example?
-2016 July
-supreme court overruled the Scottish governments scheme to introduce the named persons service which planned to appoint state guardians such as health visitors or head teachers.
-ruled that the legislation was in conflict with article 9 of the HRA which was the right to private and family life because it would allow public bodies to share personal info without consent.
supreme court voting against privacy rights?
-21 April 2010
-made a ruling that the government was unable to keep sex-offenders on the register for their whole lives as this breached their human rights and they should have the right to appeal against registration 15 years after leaving jail.
what did the supreme act rule for the right to die?
-Noel Conway 2018 68
- suffered from motor neurones disease and only had movement in his right hand and wanted the courts to declare that he had the right to die and control his death by lethal drugs.
-he argued that the law preventing this in the UK went against the HRA’s under the right for the private life.
-court ruled Conways chances of a successful appeal were not significant?
what are the arguments in favour of the human rights act?
-Rights are now clearly enshrined in statute law
-Legislation must comply with the Human Rights Act –
forces law-makes to consider rights when passing laws
-judges have been willing to uphold individual rights and
see it as part of their independence from govt.
-Act makes clear limits of executive (govt power) and
focuses their minds on what is and is not lawful.
-The Act enables UK judges to hear cases making the
process quicker, cheaper and more effective.
what are the arguments against the HRA?
-Liberal critics The Act is not entrenched and therefore it can be replaced by simple Act of Parliament. (the Act does not go far enough)
-It has limited powers as judges cannot strike out laws that infringe rights but merely advise that they are incompatible with the HRA. (liberal stress this as limitation)
-Conservative critics argue that it is based on abstract set of principles and has led to bad decisions and politicised the judiciary -
-Judges are unelected – so concern they are not neutral (narrow background) and that the Act politicises them
-The Act does undermine Parliamentary Sovereignty
because it requires all legislation to be rights compliant.
What was the Equality Act?
-2010
-brings together 9 pieces of legislation including the 1975 sex discrimination act.
-with a view to providing a legal framework to protect the rights of individuals and advance opportunity of equality for all.
-requires equal treatment in access to employment as well as public and private services regardless of age gender etc.
what was the race relations act?
-1996 but amended in 2000
-protected people against discrimination on the basis of colour race nationality ethinicity.
what are the individual rights?
-freedom of expression
-right to privacy
-right to press freedom
-right to demonstrate in public
-right to strike in pursuit of pay and employment.
arguments that the UK does effectively protect rights?
The UK has a strong legal framework for protecting rights in the Equalities and Human Rights Acts – use of judicial review by individuals.
-A strong culture of respect for civil liberties in parliament and public bodies means human rights inform decision-making and are taken seriously.
-There is a strong commitment to human rights within wider society, with the public and pressure groups using the HRA and Equalities Act to further human rights.
arguments that the UK does not effectively protect rights?
The new framework is seen by some to tilt the balance too far in favour of rights detracting from effective and
efficient government in the public interest.
-Governments led by both major parties have a patchy
record, introducing a number of pieces of legislation that restrict rights while public bodies do not always put rights at the centre of their practice.
-Growing criticism of HRA and ECtHR with proposals to
amend the HRA or replace it with a British Bill of Rights,
maybe even leaving the ECHR as an idea.
what was the Belmarche case?
-during 2001 and 2002 police raided homes of 9 foreign men living in the UK and detained them in belmarsh prison.
-strongly suspected of being terrorists but not tried with anything in 2004
-government believed it was acting lawfully after having passed the 2001 anti-terrorism crime and security act.
-2004 judges ruled that it wasn’t compatible with HRA and ECHR.
-GOV then replaced part of it and it allowed them to be essentially under house arrest.
what are individual rights?
-rights in which the individual has, for example human rights.
what are collective rights?
-rights in which the owner can be seen to be part of a group for example gay rights.
