Human Rights - International & UK Factsheet

Question 1

When & why was the United Nations established and what is it?

Answer 1

End of WW2 when delegates from 50 countries met with the goal of preventing future wars. The Declaration of Human Rights 1948 sets out 30 fundamental rights to be adopted by democratic countries. It was drafted by the United Nations Human Rights Commission chaired by Eleanor Roosevelt. It is a non-binding document.

Question 2

What is the European Convention of Human Rights 1953

Answer 2

The Council of Europe was created after WW2 with a similar goal to the United Nations, to prevent future wars in Europe and the importance of liberal democracy, the rule of law and ‘the maintenance and further realisation of human rights and fundamental freedoms’. The ECHR was established in 1950 and came into forces in 1953

Question 3

What rights does the ECHR include?

Answer 3

Article 2,3,4,5,6,7,8,9,10,11,12,13,14

Question 4

Which articles are absolute rights?

Answer 4

3, 4, 7 and 2 in peacetime

Question 5

Which articles are limited rights?

Answer 5

5 and 6

Question 6

Which articles are qualified?

Answer 6

8, 9,10 and 11

Question 7

What is derogation?

Answer 7

Article 15 allows states to derogate from the Convention in times of war or a public emergency threatening the life of the nation. States cannot derogate from article 3,4 and 7. Article 2 can only be derogated in war time.

Question 8

When can a state derogate?

Answer 8

1. There is war or a public emergency threatening the life of the nation
2. The derogation is no more than strictly required by the situation
3. It must not be inconsistent with other obligations under international law
4. The state must communicate the derogation to the Council of Europe

Question 9

What is an example of derogation?

Answer 9

A and Ors v Secretary of State for Home Department 2005

Question 10

What is meant by ‘bring rights home’?

Answer 10

The Labour Government passed the Human Rights Act 1998 allowing any person in the UK to bring a case against a public body for a breach of a Convention right

Question 11

Does parliamentary supremacy stay intact?

Answer 11

Yes. The UK courts can interpret legislation to be compatible with the HRA or make a declaration of incompatibility, but they cannot overrule a law that is in breach if the ECHR. This power remains with parliament who can decide to change the Act in question

Question 12

What are the key provisions of the Human Rights Act 1998

Answer 12

1. The Convention Rights
2. Interpretation of Convention rights
3. Interpretation of legislation
4. Declaration of Incompatibility
5. Right of Crown to intervene
6. Acts of Public Authorities
7. Proceedings
8. Judicial Remedies
9. Judicial acts
10. Power to take remedial action

Question 13

What is the entrenched nature of the HRA 1998 ?

Answer 13

The HRA is not entrenched in the way that the US Constitution is. Parliamentary sovereignty in the UK dictates that an Act passed by one parliament cannot bind future parliaments. This means current or future governments could repeal the HRA if they wanted to.