Protection of human rights.

Question 1

Question

Answer 1

Evaluate the view that human rights are effectively protected in the UK.

Question 2

Factors

Answer 2

• Legislation
• Supreme Court
• Pressure groups

Question 3

Judgement

Answer 3

Human rights are protected.

Question 4

Weaker argument - legislation

Answer 4

→ Brexit - because of the UK’s withdrawal from the EU the government also withdrew from its commitment to the ECHR and the agreement to uphold the rights from the EU.
→ Parliament is sovereign - one act of Parliament can overturn and change our rights really easily - the Supreme Court cannot challenge Parliament legislation once it has been ratified.
→ It gives rights to the wrong people; suspected terrorists like Abu Hamza and Abu Qatada used the HRA to successfully delay deportation.

Question 5

Stronger argument - legislation

Answer 5

→ The Human Rights Act (1998)
→ Equality Act (2000) - 9 protected characteristics: age, sex, sexual orientation, disability, race, religion/beliefs, gender reassignment, marriage/civil partnership, pregnancy.
→ GDPR (2018) - under the 2018 act our data rights have more protection.

Question 6

Weaker argument - the supreme court

Answer 6

→ Unauane v United Kingdom - deported him, despite the fact that his children reside in the UK.
→ Hirst v the ECtHR ruled a blanket ban on prisoners voting violated Article 3 - the blanket ban was kept in place.

Question 7

Stronger argument - the supreme court

Answer 7

→ Rwanda Bill 2024 - the Supreme Court sent the Rwanda Bill back to Parliament because it was in violation of human rights of asylum seekers in the UK.
→ After 9/11 the Supreme Court challenged government legislation that wanted access to people’s information - the Supreme Court ruled this was in violation of people’s rights, therefore protecting UK citizens.
→ HM, MA and KH v Secretary of State for the Home Department - the Supreme Court was able to defend the rights of asylum seekers whose phones were taken upon arriving in the UK.

Question 8

Weaker argument - pressure groups

Answer 8

→ “Kill the Bill” protesters who were protesting against new regulations of protesting were unsuccessful in reform legislation meaning the rights of people to protest is still compromised.
→ Pressure groups need acknowledgement to make a difference - direct action is often the only way to bring about change - pressure groups that sign petitions don’t gain much traction - pressure group campaigned for there to be a ceasefire in Gaza to protect people’s rights but wasn’t noticed or discussed thoroughly in Parliament.

Question 9

Stronger argument - pressure groups

Answer 9

→ Liberty - they have been involved in a number of high profile cases: Gillan and Quinto, From 2007 to 2008 Liberty engaged with a campaign to oppose the clause of the counter terrorism bill that allowed the police to detain suspects for 42 days, Identity Cards Act 2006: Liberty challenged the act and convinced the opposition parties of the issues with the act.
→ Amnesty International - help to protect women’s, LGBTQ+, migrant, asylum seeker and many other groups’ rights.
→ Big Brother Watch - helps to protect people from being under surveillance by governments.