Impact Of Human Rights Flashcards
What are Human Rights?
Human rights are inalienable, universal, and interdependent rights and freedoms belonging to every person from birth until death.
What is meant by human rights being ‘inalienable’?
Inalienable means that human rights cannot be taken away.
What is meant by human rights being ‘universal’?
Universal means that human rights apply to everyone, regardless of nationality, ethnicity, or any other status.
What does ‘interdependent’ mean in the context of human rights?
Interdependent means that various rights and freedoms work together to contribute to an individual’s dignity.
What year was the Council of Europe founded?
The Council of Europe was founded in 1949.
Who was responsible for drafting the European Convention on Human Rights?
The Council of Europe, led by Sir Winston Churchill, was responsible for drafting the European Convention on Human Rights.
When did the UK agree to the European Convention on Human Rights?
The UK agreed to the ECHR in 1950.
What was the status of the ECHR when the UK initially signed it?
At the time, the ECHR was only a moral obligation for the UK.
What was the significance of the case Sunday Times v UK (1979)?
It was concluded that there had been a breach of Article 10 of the ECHR, which guarantees freedom of expression.
What are ‘residual freedoms’?
Residual freedoms mean that individuals can do anything they like unless there is a law against it.
What did the case of Malone v Metropolitan Police (1979) demonstrate?
The case demonstrated that there was no right to privacy under English law at the time.
What does the Human Rights Act 1998 do?
It incorporates the European Convention on Human Rights into UK law, imposing obligations on public bodies.
Who does the Human Rights Act apply to?
The Human Rights Act only applies to public bodies in the UK.
What rights are protected under the Human Rights Act?
Rights such as the right to life and the right to privacy are protected.
What is the significance of Section 2 of the Human Rights Act?
It requires UK courts to take into account any decisions from the European Court of Human Rights.
What does Section 3 of the Human Rights Act require from judges?
Judges must interpret Acts of Parliament in a way that is compatible with human rights.
What is a ‘Declaration of Incompatibility’?
It is issued under Section 4 when an Act cannot be interpreted in line with human rights.
What is the leading case related to Section 3 of the Human Rights Act?
The leading case is R v A (2001), where the courts discussed the power of interpretation.
What does Section 4 of the Human Rights Act allow judges to do?
If a law cannot be interpreted compatibly with the Convention, judges must apply the law as it stands and may issue a Declaration of Incompatibility.
What was demonstrated in the Belmarsh case (2004)?
It showed that Parliament’s sovereignty is respected, as declarations are issued when laws are fundamentally incompatible with human rights.
What is Section 7 of the Human Rights Act about?
It allows individuals to go to domestic courts to have their human rights upheld without needing to petition the European Court.
What does Section 10 of the Human Rights Act allow for?
It allows ministers to issue an Order in Council to change offending legislation without it passing all parliamentary stages.
What has changed in terms of ECHR applicability post-Human Rights Act?
Convention rights are now directly applicable under domestic law.
What does Section 3 allow judges to do regarding the interpretation of laws?
It allows judges to interpret laws in light of Convention rights wherever possible.
