Paper 1: Human Rights Flashcards
Arguments for a British Bill of Rights
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
Arguments against a British Bill of Rights
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
What are human rights?
A.k.a natural rights, these are rights and liberties that ppl are automatically entitled to
Human rights are:
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
Why do we have human rights/civil liberties?
To protect us from govt. intrusion
To allow us to express ourselves freely and live without fear of oppression or a police state (dictatorship)
What are the two forms that rights take?
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
What was around before the HRA?
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.
Why was the HRA passed in 1998?
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
Where did people’s rights begin?
With Magna Carta in 1215
- 1689 Bill of Rights
Limits on power of monarchy
Set out rights of parliament e.g free elections
- When was the European Convention of Human Rights introduced?
1953, meant govt. actions had to comply with ECHR but could only be challenged by European Court of Justice, not UK courts
- European Court of Justice and the UK
Britain became part of EEC in 1973 meaning the ECJ had the right to protect worker’s rights in the UK
- Data Protection Act
1984, established protections surrounding personal information help by public bodies
- HRA
Codified ECHR into British law and allowed citizens to access rights protection through UK legal system
- Freedom of Information Act
2001, ensured political transparency by allowing citizens to access non security related information held by public bodies
- Equality Act
2010, Consolidated and codified all anti-discriminatory measures into one document
Does the HRA protect rights and liberties in the UK? Yes:
Rights are clearly established in statute law
Legislation has to comply with HRA
Citizens can access this protection through UK based courts
Does the HRA protect rights and liberties in the UK? No:
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.
Examples of HRA defending UK rights
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
Why was there a growing concern that civil liberties were under threat in the ’90s?
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
Case where the HRA/Supreme Court has played a role in people with mental health issues
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
Case where the HRA/Supreme Court has played a role in treatment of prisoners
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
What are the key aims of Liberty?
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
Liberty- rejecting mass surveillance
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
