Human rights in the UK Flashcards
When did the UK join the ECHR?
1951
Is international human rights law directly enforceablw?
No, but used as a benchmark by courts
Why do we have the HRA?
. No other domestic remedies
. Little judicial weight to human rights
. protection of rights
WHat is the purpose of the HRA?
. To ‘bring rights home’
. People can rely on rights before a national court
. Everyone subject to scrutiny even state bodies
. Respects parliamentary sovreignty
What are some benefits of incorporating rights into domestic law?
. More accessible domestically R v Lambert)
. Provides legal certainty
. Strengthens democratic principles
What are the two sets of values that rights represent?
. Individualistic (eg autonomy, dignity etc)
. Public (democracy, political accountability)
Criticisms of the HRA?
. No debates on the rights included
. Problematic references to ECHR and ECtHR case law
. Confusion surrounding relationship between domestic and international legal spheres
Is ECtHR case law binding on national courts?
No, but we have a duty t keep up with their case law
Why was the HRA criticised by Lord Bingham?
Some said it put rights in the shadow of the ECtHR and that S2 created a presumptive duty to follow their case law
Why would some want reform for the HRA?
. Legal uncertainty
. rights culture displaces personal responsibility and public interest
What has the HRA sometimes been termed?
The declaration of incompatability
Who can bring a claim under the HRA?
. Those directly and indirectly affected
. Nationals and non-nationals (eg. Al-Skeini)
Who can’t bring a claim under the HRA?
. Core public authorities
. Can’t claim against parliament for failing to legislate something
What standards are public bodies held to?
. Must comply with HRA in both public and private situations
. Possess special powers eg acting in the public interest
Negative obligations violations from the Covid-19 pandemic
. Detention powers interfering with freedom of liberty
. Gathering restrictions
. Right to information
