Rights

Question 1

what are rights

Answer 1

legally protected freedoms that everyone should have in a democracy. They are absolute, universal and fundamental

Question 2

acts passed to help rights

Answer 2

HRA 1998 - sets out the fundamental rights and freedoms that everyone in the UK is entitled to, it incorporates the rights set out in the ECHR
Equality Act 2019 - protection from discrimination

Question 3

when were rights restricted

Answer 3

War on terror and during lockdown. Often during times of crisis or national emergencies the government has more leeway to ignore certain rights to be able to deal with the crisis or emergency

Question 4

rights restricted during the war on terror

Answer 4

1. Indefinite detention of foreign terrorism suspects without trial(repealed by courts in 2004)
2. Increased stops and search powers which limits the right to privacy
3. Restrictions to free speech
   Increased surveillance powers - limiting the right to privacy

Question 5

tensions between rights

Answer 5

Often protection of one right, automatically means the restriction of another. Lee v Asher Bakery 2018 - the SC ruled that there was no direct discrimination that Ashers refused because of the message they were asked to put on the cake not Lee’s sexual orientation.
clear example of Freedom of Religion v Freedom from discrimination
These tensions are the distinctions between individual rights and collective rights

Question 6

arguments that rights are well protected

Answer 6

HRA and ECHR protect rights by law
SC can enforce rights - Jones V Met Police - enforced the right to freedom of association
Pressure groups can campaign to protect rights

Question 7

arguments that rights are not well protected

Answer 7

No specific protection of the HRA - policing, crime, sentencing and Courts Act 2022 - restricts the right to freedom of association
Rights can be undermined in times of crisis
Pressure groups can be ignored
SC is hindered by Judicial Review Act and Parliamentary Sovereignty