Human Rights and Equality Flashcards
The police are expected to exercise their powers and procedures fairly and without bias, and in accordance with what…
The Human Rights Act 1998
The Equality Act 2010
PACE (the Police and Criminal Evidence Act 1984)
What are the Human Rights Acts 1998?
A = Absolute
L = Limited
Q = Qualified
Article 2: Right to life (A)
Article 3: Freedom from torture and inhuman or degrading treatment (A)
Article 4: Freedom from slavery and forced labour (A)
Article 5: Right to liberty and security (L)
Article 6: Right to a fair trial (L)
Article 7: No punishment without law (A)
Article 8: Respect for your private and family life, home and correspondence (Q)
Article 9: Freedom of thought, belief and religion (Q)
Article 10: Freedom of expression (Q)
Article 11: Freedom of assembly and association (Q)
Article 12: Right to marry and start a family (L)
Article 14: Protection from discrimination in respect of these rights and freedoms (L)
What are absolute rights?
These rights cannot be limited in any way. They can not be reduced or amended. Examples include the right to protection from slavery or torture.
What are limited rights?
These rights come with exceptions. An example is the right to liberty, which can be lawfully restricted. Lawful arrest is an example of a limited right.
What are qualified rights?
Government interference with these rights is allowed in special circumstances, and only when necessary in a democratic society. The interference must fulfill a pressing social need; pursue a legitimate aim; and be proportionate to the aims being pursued. An example is government restrictions on the right to assembly and association, in order to calm a riot.
A police officer should consider the following questions in relation to an individual or group before interfering with another persons qualified rights…
- Are my actions lawful? Is there common/ statute law to support my interferences with another persons rights.
- Are my actions permissible? Am I permitted to interfere with his/her rights because it’s in the support of duty, such as preventing crime?
- Are my actions necessary? Do the needs of the many outweigh the needs of the few; in other words must I take into account the interests of the community and balance one individuals rights against another’s?
- Are my actions proportionate? Having considered everything, will my actions be excessive or could I do something less intrusive and more in proportion to the outcome I need to achieve.
The Equality Act 2010 brought together all the anti-discrimation laws, for example the Sex Discrimination Act 1975 and the Race Relations Act 1976.
Under the act it is unlawful to discriminate on the grounds of certain ‘protected characteristics’. These are:
Age Disability Race Religion or belief Sex Gender reassignment Sexual orientation Marriage and civil partnership Pregnancy or maternity
The Equality Act 2010 has certain key aims including those that concern…
Personal characteristics Pay differences Victimisation Discrimination Equality of opportunity Family relationships
