Human Rights (paper 3)

Question 1

Sources of Human Rights

Answer 1

The council of Europe, Organization of American states, The EU, Declaration of human rights.

Question 2

who introduced HRA, what’s the aim?

Answer 2

The labour government in 1998 introduced the HRA, who’s aim was to ‘bring rights home’

Question 3

Advantages of the HRA

Answer 3

Improved access for citizens to enforce rights
Avoids conflict between UK international law + domestic law
More awareness for citizens rights
ECHR has been tired and tested for over 30 years - should be ready to act on conventions by now.

Question 4

Disadvantages of the HRA

Answer 4

To much judicial power - not democratic + goes against separation of powers.
To little judicial power - cannot strike out laws.
Only enforceable against state, not individuals.
Very old (1950)

Question 5

Reform?

Answer 5

We have a UK Commission for equality and HR set up in 2007
Functions : advice + guidance, inquiries, bringing cases, monitoring the ECHR, scrutinising, publishing reports.

Question 6

Section 1

Answer 6

sets out articles of the ECHR, which will be incorporated into the HRA 1998.

Question 7

Section 2

Answer 7

Says domestic (UK) courts much consider earlier ECHR decisions
Them decisions do not bind UK courts, can be persuasive
Kay v Lambeth BC - confirmed that passing of 1998 act did not change precedent.

Question 8

Section 3

Answer 8

says that as far as possible, domestic primary (acts/statues) and secondary legislation should be red and given effect in a manner which is compatible with the ECHR.

Question 9

Section 4

Answer 9

issue a declaration of incompatibility
HOL did this in Bellinger v Bellinger (post 2000 case on marriage + gender reassignment) and hen parliament will often change the statue which is incompatible.

Question 10

Section 6

Answer 10

says that public authority can only act/do things which go against ECHR rights if it is authorised to do so by a statue.

Question 11

Section 7

Answer 11

Says that a person can only bring a free standing human rights act action to court if they have been the victim of an unlawful act
time limit is it must be brought within one year.

Question 12

Section 8

Answer 12

says the domestic court can “grant such relief or remedy” that it feels is “just and appropriate”.
usually means damages (£) or an injunction.

Question 13

Section 10

Answer 13

allows any minister to fast track amendments to legislation which has either been to Strasbourg and the ECHR has used against the UK or if a UK court has issued a “declaration of incompatibility”

Question 14

Section 19

Answer 14

All new legislation should be compatible with the ECHR - convention rights.
before a bills second reading, the minister introducing it must produce a written statement confirming its compatibility.