Paper 1: Human Rights

Question 1

Arguments for a British Bill of Rights

Answer 1

Would be unifying force and help create a common bond
Would build on HRA
Would give explicit link between rights and responsibilities, education would be enhanced and citizenship promoted
Would inc. recognition of economic and social rights which aren’t covered by HRA
Would address needs of poorest and marginalised ppl

Question 2

Arguments against a British Bill of Rights

Answer 2

Could weaken protection of existing civil liberties, especially if it offers less protection than HRA
Only worth pursuing if it builds on rights HRA provides

Question 3

What are human rights?

Answer 3

A.k.a natural rights, these are rights and liberties that ppl are automatically entitled to

Question 4

Human rights are:

Answer 4

Absolute- can’t be compromised or diminished in any way
Universal- applied to everyone equally, regardless of other considerations such as race and gender
Fundamental- are an essential part of life and can’t be removed for any reason

Question 5

Why do we have human rights/civil liberties?

Answer 5

To protect us from govt. intrusion

To allow us to express ourselves freely and live without fear of oppression or a police state (dictatorship)

Question 6

What are the two forms that rights take?

Answer 6

Fundamental rights to do something e.g. right to life

Fundamental freedom from something e.g freedom of speech, can be punished by govt. for speaking out against them

Question 7

What was around before the HRA?

Answer 7

Rights were characterised in a negative way- a person had right to do anything as long as it was legal
Many of the rights ppl had were based on common law and had little authority- could easily be overruled by govt.

Question 8

Why was the HRA passed in 1998?

Answer 8

Came from European Convention of Human Rights, if countries wanted to remain part of the EU then they had to make the HRA legal/compulsory
Set out positive rights and added a degree of codification

Question 9

Where did people’s rights begin?

Answer 9

With Magna Carta in 1215

Question 10

1. 1689 Bill of Rights

Answer 10

Limits on power of monarchy

Set out rights of parliament e.g free elections

Question 11

2. When was the European Convention of Human Rights introduced?

Answer 11

1953, meant govt. actions had to comply with ECHR but could only be challenged by European Court of Justice, not UK courts

Question 12

3. European Court of Justice and the UK

Answer 12

Britain became part of EEC in 1973 meaning the ECJ had the right to protect worker’s rights in the UK

Question 13

4. Data Protection Act

Answer 13

1984, established protections surrounding personal information help by public bodies

Question 14

5. HRA

Answer 14

Codified ECHR into British law and allowed citizens to access rights protection through UK legal system

Question 15

6. Freedom of Information Act

Answer 15

2001, ensured political transparency by allowing citizens to access non security related information held by public bodies

Question 16

7. Equality Act

Answer 16

2010, Consolidated and codified all anti-discriminatory measures into one document

Question 17

Does the HRA protect rights and liberties in the UK? Yes:

Answer 17

Rights are clearly established in statute law
Legislation has to comply with HRA
Citizens can access this protection through UK based courts

Question 18

Does the HRA protect rights and liberties in the UK? No:

Answer 18

Act is not entrenched (due to parliamentary sovereignty) and therefore can be replaced
Act can’t overturn primary legislation in parliament
Act can be set aside by govt.

Question 19

Examples of HRA defending UK rights

Answer 19

2004- Law prevented gay parter from inheriting a council flat which was then struck down as discrimination under HRA
2011- Special court ruled that local councils can’t force a vulnerable adult to live in a care home as it undermines right to family life

Question 20

Why was there a growing concern that civil liberties were under threat in the ’90s?

Answer 20

Was increase in police power due to growth of crime rates
’80s legislation limiting TU activity
Increased no.s of ppl being held by state and its agencies
Increased tensions between govts. and media concerning right of govt. to limit what they printed broadcast

Question 21

Case where the HRA/Supreme Court has played a role in people with mental health issues

Answer 21

Whether a detained mental health patient with capacity should be permitted to offer his consent to First Tier Tribunal imposing conditions as part of his conditional discharge

Question 22

Case where the HRA/Supreme Court has played a role in treatment of prisoners

Answer 22

ECHR has ruled ‘arbitrary and unlawful’ the operation of indeterminate sentences for protection of the public, currently being served by over 6000 prisoners in England and Wales

Question 23

What are the key aims of Liberty?

Answer 23

Challenge injustice, defend freedom and campaign for everyone in the UK to be treated fairly
Empower others to defend their rights and the rights of their family, friends and communities since 1934

Question 24

Liberty- rejecting mass surveillance

Answer 24

UK’s Investigatory Powers Act 2016 is the most intrusive surveillance law ever introduced and Liberty are challenging it in court and campaigning for govt. to stop intercepting your digital communication in bulk without being suspected of a crime

Question 25

Liberty- opposes indefinite detention

Answer 25

UK is only country in Europe that locks ppl up with no limit on how long they can be held
Want ppl to join their call for a 28 day limit on immigration detention by signing petitions and raising awareness

Question 26

Liberty- celebrity endorsement

Answer 26

As part of Liberty’s ‘Save our HRA’ campaign celebs such as Benedict Cumberbatch have been showing support of campaign

Question 27

What are the key aims of Stonewall?

Answer 27

Campaign to let all LGTBQ people know that they’re not alone
Support people that can’t yet be themselves

Question 28

Stonewall- rainbow laces

Answer 28

All about actively trying to involve lesbian, gay and bi ppl in sport
Sponsored by 5 arsenal players

Question 29

Stonewall- relationships and sexual education

Answer 29

2018 govt. pledged to make relationships education compulsory in all of England’s primary schools and relationship and sex education in secondary schools

Question 30

What are the key aims of Howard League of Penal Reform?

Answer 30

National charity working for less crime, safer communities and fewer people in prison
They also work to transform prisons for those who remain behind bars

Question 31

What is judicial review?

Answer 31

Where the Supreme Court in the UK actively reviewing the actions of elected officials and public bodies where there are allegations of breeches of human rights

Question 32

Why is judicial review controversial?

Answer 32

Judges are meant to be passive i.e wait for cases to come to them not active, judicial review is the judges being active

Question 33

Why is there an increase in judicial review?

Answer 33

Down to separation of the separation of the Supreme Court from the HofL in 2009, it’s now easier for ordinary ppl to use the judicial system to challenge the govt.

Question 34

Conflicts between the government and Supreme Court

Answer 34

Anti terrorism
Deportation
Detention
Freedom of Speech
Anti social behaviour

Question 35

Judges are best placed to defend the rights of citizens, For:

Answer 35

Judges exercise rule of law and use HRA and power of judicial review to ensure rights are respected
Judges are independent from other branches so is less political and can defend rights solely based on law
Judges are neutral and can protect person’s rights without discrimination

Question 36

Judges are best placed to defend the rights of citizens, Against:

Answer 36

Judges are unaccountable and undemocratic so may abuse their position, have no incentive to promote controversial cases
Senior judges work with parliament to advise on legality of legislation so can’t be entirely neutral
Lack of codified constitution means judiciary can’t strike down primary legislation even if they think someone’s human rights are being abused
Unrepresentative ‘Pale, Male and Stale’