Rights Flashcards
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Citizens in a democracy enter into a contract with the state it guarantees them certain rights and in return they have obligations
Some are legal obligations a.k.a. undisputed responsibilities such as obeying the law paying taxes performing jury service
Others are moral obligations e.g. voting in elections protecting the environment
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Rights are legally protected freedoms, they are entitlements to have or do something
also known as civil liberties
The main protection that citizens have a government intrusion is their individual rights or civil liberties
These are the basic freedoms that allow people to express themselves are live without fear of oppression or a police state
These rights and liberties can take two distinct forms being either a fundamental right to do something such as live or fundamental freedom from government oppression such as freedom of speech which means you cannot be penalised for speaking against the government
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In the UK rights are guaranteed by the 1998 human rights act
Until 1998 there was no single document that sets out citizens rights
includes the right to…
Fair and equal treatment under the law including right to a fair trial
Freedom of expression (speech and writing)
Freedom of conscience including worshipping as one chooses
Vote stand for election and join a party or pressure group
It is broadly accepted that these rights may have to be limited in times of war or other national emergency
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The extent to which they are sufficiently upheld has come into question significantly more now that the UK has begun the process of leaving the EU
Mainly because the great repeal bill will hand Henry VIII powers back to Parliament allowing them to choose to scrap or keep EU laws
this has been described as a threat to democracy because our rights are put at risk
The great repeal bill will hand powers back to Parliament, ministers can choose whether to keep or scrap EU laws — known as Henry VIII powers
It has been described as a threat to democracy as rights may be put at risk
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Social rights include the right to education employment health care et cetera
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Human rights fundamental universal rights that everyone is entitled to by virtue of being human
essential to safety and survival e.g. the right food and water
Human rights sometimes known as natural rights are those rights and liberties that all people are automatically entitled to
human rights are absolute meaning they cannot be compromised or diminished in any way
universal meaning they reply to everyone equally regardless of any other considerations such as race or gender
fundamental meaning they are at essential part of life and cannot be removed for any reason
what are civil rights / liberties?
Civil rights = rights of citizens to political and social freedom and equality
The rights and freedom is enjoyed by citizens which protect them from unfair and arbitrary treatment by the state and government
They are also those Freedoms that are guaranteed by the state and the Constitution
Civil liberties are sometimes referred to as civil rights especially in the USA
development of rights in the UK
Magna Carta (1215)
Bill of Rights (1689)
European convention on human rights 1950
Human rights act 1998
Freedom of information act 2000
Equality act 2010
The notion of civil rights developed gradually over a long period of time
Magna Carta (1215)
Regarded as the oldest statement of rights in the UK and the foundation of rights of the citizen
Presented to King John by nobles who disapproved of his tyrannical rule
Limited royal power And the powers of the Monarch
Established the right to trial by jury and The principle of habeus corpus A person must be produced before a court so it can be determined whether they were lawfully detained
“No freeman shall be seized or imprisoned… Except by the lawful judgement of his equals or by the law of the land”
Imposed various restrictions on the monarchy in order to prevent the arbitrary abuse of power by the Monarch
Bill of Rights (1689)
Imposed greater limits on the power of the monarchy and set out the Rights of Parliament including regular parliaments free elections and Parliamentary FreeSpeech
European Convention on Human Rights (1950)
Drawn up in 1950 with the UK as one of its signatories by the Council of Europe following the aftermath of terrible violations of rights in World War II
The European Court of human rights was set up in Strasbourg to hear cases where people felt their rights have been infringed
UK citizens were allowed to appeal to this court but it was time-consuming and expensive
The UK had signed the ECHR 1950 and it became affective in 1953
government actions have to comply with the ECHR but could only be challenged in the European Court of human rights not in UK courts
The ECHR establishes a wide range of rights to replace the patchwork of statue and common law rights in the UK
it is binding on all public bodies other than the UK Parliament although it is politically binding on Parliament even if not legally binding because Parliament will rarely ignore it
It is also enforced by all courts in the UK so that laws passed at any level should conform to its requirements
Human Rights Act (1998)
Passed by new Labour government under Blair and came into force in 2000
Incorporated the ECHR into UK law, these rights were made into statutes and could be defended in UK courts rather than having to go to Strasbourg which was time-consuming and expensive
made it much easier to defend rights As they can be defended in the UKinstead of having to seek help abroad, They were also easier to defend as they were all contained in a single document and were very clear
Included the right to life freedom from arbitrary arrest right to a fair trial et cetera
First single document that clearly set out citizens rights in the UK — before 1998 there was no single document positively setting out citizens rights, instead there were negative rights i.e. things people were entitled to do unless the law prohibited them
Codified the ECHR into British law replacing much, law and allowing the citizens to access rights protection through the UK legal system
The human rights act was passed in 1998 and came into force in 2000 it Incorporated many of the provisions of the ECHR Which was first established by the Council of Europe in 1950 the UK helped to draft the convention but did not accept it as binding on its government not until 1998 when it introduced the human rights act
the ECHR was judged by the European Court of human rights which is completely separate from the EU which meant only people with the resources and means could challenge a government action as they had to bring it to a foreign court
When the human rights act was passed many of these provisions were affectively codified into statute law meaning that they could be judged on the British law in British courts this has made it much easier for ordinary citizens to seek legal redress in local courts if they believe their rights have been infringed
For this reason there has been a rapid development of a rights culture in the UK since the human rights act was implemented in 2000
Freedom of Information Act (2000)
Improved the transparency of public bodies
Gave citizens the right to request to see information relating to any public body as long as it does not compromise national security
E.g. 2009 MPs expenses scandal was the result of a freedom of information request
Insured political transparency by allowing Citizens to access any non-security related information held by public institutions
The freedom of information act was passed in 2000 to improve transparency in public bodies
requests can be made to see information that relates to any public body as long as it does not compromise national-security
the MPs expenses scandal came to light in 2009 through a freedom of information request
Before this act citizens in the UK did not enjoy the right to see information held by public bodies whether it related personally to them or not governments were too secretive and it was widely contended that this was a barrier to making them accountable
Since the act was passed it has proved an invaluable tool for social and political campaigners for MPs and for the media allowing them to discover information never available in the past
it has helped to improve such services as the health service the police the civil service and educational establishments by shedding light on their activities and helping to Promote reform
Equality Act (2010)
An attempt to bring together and simplify the numerous pieces of legislation that sought to outlaw discrimination and unfair treatment into one act of parliament e.g. 1970 equal pay act 1976 race relations act et cetera
Identified nine protected characteristics including race sexual orientation and age, Making it illegal to discriminate against people on any of these characteristics in the workplace and wider society
Requires that all legislation and all decisions making by government at any level must take into account formal quality for different sections of society the act outlaws any discrimination against any group equality is required and discrimination is outlawed on the following grounds age disability gender reassignment marriage or civil partnership race religion or belief sex sexual orientation
In theory any kind of discrimination is unlawful under the act but in practice it tends to apply to the following circumstances; employment and pay government services local regional national health care housing (sales or renting) education financial services policing and law enforcement
Made it illegal to discriminate against people on any of these characteristics in the workplace and wider society
Consolidated and codified all antidiscriminatory measures into one document
Equality act was introduced in 2010 as an attempt to simplify and codify a variety of acts of Parliament conventions and regulations that existed in different forms and for different groups across the UK
Equality act consolidated all measures relating to equality based on gender race sexuality and disabilities to ensure equal and consistent rights provisions
Before the equality act they had been to Parliamentary statute that established formal equality in the UK the race relations act 1965 outlawed discrimination of Most kinds on the grounds of a person’s race or ethnicity in 1970 equal pay act required employers to offer equal pay to bed with doing the same job — These Developments were important but they failed to establish equality in the full sense of the word and missed out important groups in society who also suffer discrimination notably those with disabilities and members of the gay community
Formal equality refers to aspects of equality that are established by law
the rule of law in particular establishes formal equality under the legal system all must be treated equally by the courts and Parliament
Formal equality may also refer to equal treatment for different sections of society established in law — often described as equal rights
Equality is especially important in relation to group politics and healthy pluralist democracy by establishing equality both formal and informal between different groups and sections of society it is more likely that their demands and interests can be taken into account
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Rights-based culture = All new legislation must be compliant with the human rights act
judges can declare acts of Parliament to be incompatible with it but cannot legally compel Parliament to make changes because parliament is sovereign
Our culture is heavily based on and values the rights of its citizens
A rights-based culture in the UK is claimed to have developed since the passing of the human rights act 1998
Since the passing of the human rights act it has often been claimed that the UK has developed a rights-based culture
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Parliamentary sovereignty = Parliament has ultimate power they can create rights and therefore take them away
how strongly are rights protected in the UK?
arguments that they are strongly protected
More protected now by legislation such as the human rights act 1998 the equality act 2010 freedom of information act 2000 et cetera then ever before ensures that rights are enforceable
Increased use of judicial review — Number of reviews rose from over 4000 in 2000 to over 15,000 in 2013 allows the judiciary to defend rights and scrutinise government policy
how strongly are rights protected in the UK?
arguments that they are not strongly protected
Parliament remains sovereign meaning they have the ultimate power to create and therefore take away rights as they please
It is not possible in the UK to create a codified set of rights that is binding on successive Parliaments
The rights pressure group liberty has pointed out that legislation alone does not guarantee rights it is ultimately up to Parliament to ensure they are protected
The passage of the human rights act did appear to establish binding rights in the UK but this was an illusion — the UK Parliament can and occasionally has for example over antiterrorism laws ignored the European convention on human rights
However parliament remains reluctant to contradict the ECHR and all other public bodies must abide by its terms, The UK retains an international reputation for respecting human rights it is one of the reason so many migrants asylum seekers and refugees are attracted there, compared to many other countries in the world the UK is a haven for citizens rights
Full and equal rights can never be permanently guaranteed in the UK because parliament is sovereign and can amend or remove them at any time
how strongly are rights protected in the UK?
JUDICIAL REVIEW
(what is judicial review?)
Judicial review is the power of the judiciary to review and scrutinise government actions
Judicial review is the power of the judiciary to review and possibly invalidate the laws decrees and actions of other branches of government
The principal stems from the existence of a codified constitution and allows courts to strike down Unconstitutional actions that they deem to be incompatible with the Constitution
A more modest form of judicial review found in uncodified system such as the U.K.’s challenges the way in which a decision has been made rather than the rights and wrongs of the conclusion reached
In doing so it may use the standard of reasonableness or the notion of natural law
how strongly are rights protected in the UK?
JUDICIAL REVIEW
(arguments that judicial review does protect citizens rights)
The judiciary can challenge unconstitutional government policy or actions which may threaten citizens rights
This is a vital means of defending citizens’ rights and enabling the legality of government actions to be properly scrutinised
Examples…
In 2008 the High Court challenged government policy and ruled that retired Gurkha soldiers should be allowed to settle in the UK
In 2008 the High Court awarded Max Mosley substantial damages when the press published a story on his sex life they protected his right to privacy
In 2013 the High Court ruled that the government had not consulted fairly on compensation for people affected by the planned High Speed Rail link
An indicator of the growing prominence of rights has been an increased use of judicial review
Increasing use of judicial review suggests that rights are being strongly protected and defended by judges in 2000 there were around 4000 reviews which rose to 15,000 by 2013 indicates a more growing prominence of rights being protected by the judiciary
how strongly are rights protected in the UK?
JUDICIAL REVIEW
(arguments that judicial review does not protect citizens rights)
Judicial review places too much power in the hands of unelected and unaccountable judges
Allows judges to effectively make law Sometimes called judge-made law for example judges have been accused of effectively creating a privacy law through the way they have interpreted the human rights act
in a series of high-profile court cases judges appeared to give priority to article 8 of the ECHR the right to privacy over article 10 the freedom of expression
This occurred even though specific legislation on the subject had not been passed by Parliament but it was not explicitly covered it common-law
Reduces sovereignty of Parliament, which it should have as it is elected by the public and has a mandate to rule unlike the judiciary
It also seems that wealthy individuals who could afford to take legal action had an on fair advantage for example in 2008 the high court awarded Max Mosley the head of the Formula One motor racing organisation substantial damages were the news of the world published a story about his sex life which he argued had breached his privacy — Although mostly failed in a subsequent action in the European Court of human rights which refused to rule that newspapers should notify people before printing stories about their personal lives
how strongly are rights protected in the UK?
ECHR + HRA (legislation)
(arguments that legislation does protect citizens rights)
Protect citizens rights
There is no doubt that rights in the UK are more protected today than any time in the past the passage of legislation like the human rights act equality act and the freedom of information act has insured that rights are in forcible
e.g. in 2008 the High Court awarded Max Mosley substantial damages after the press publish the story of his sex life and breached his privacy the judiciary defended his right to privacy under article 8 of the ECHR
The ECHR has nothing to do with the European Union it is a product of the Council of Europe so if and when the UK leaves the EU the ECHR will still be in force in the UK
how strongly are rights protected in the UK?
ECHR + HRA (legislation)
(arguments that legislation does not protect citizens rights)
Sometimes favours undeserving individuals rather than Protecting the legitimate freedoms of its own citizens
E.g. Abu Qatada was a radical Muslim living in London who had made speeches justifying the use of violence to promote the Islamist cause and serve time in British jail security services regarded him as a threat and wanted to deport him to Jordan where he was wanted for trial
His legal advisers were about to fight the deportation for eight years on the grounds that he may be tortured for information to be used as evidence in trial if he was deported, which breaches the human rights act (freedom from torture)
he was protected under the human rights act despite being a security threat — Only in 2013 after the UK had signed a treaty with Jordan pledging that such evidence would not be used was Abu Qatada flown to Jordan for trial
Conservatives want to replace the human rights act with the British Bill of Rights to stop the human rights act being implemented unjustly and prevent cases like Abu Quatasa as it would establish the supremacy of the British courts over the ECHR
how strongly are rights protected in the UK?
INDIVIDUAL VS. COLLECTIVE RIGHTS
Problems can arise when individual rights clash with wider collective rights of the community e.g. government may limit civil liberties to protect the wider community especially in times of emergency
Especially since the 911 terror attacks in the USA and the 2005 London bombings— these events have led to government measures to limit Civil Liberties in the interests of protecting the wider community, governments have tended to place the safety of society above the protection of individual rights
The public has been remarkably willing to sacrifice some liberties at the time of heightened concern over security and governments are unlikely to side with pressure groups that campaigning for the rights of people who are in the wider public regard as undeserving e.g. suspected terrorists liberty failed to stop the introduction of secret courts or the snoopers charter
how strongly are rights protected in the UK?
INDIVIDUAL VS. COLLECTIVE RIGHTS
(privacy v protection from terrorism)
The right to privacy individual versus the right to be protected from terrorism collective
Snoopers charter increases the power of intelligence agencies to gain information by obliging companies to keep information about peoples browsing history this is aimed to protect people from terrorism but can also be seen as an invasion of privacy
how strongly are rights protected in the UK?
INDIVIDUAL VS. COLLECTIVE RIGHTS
(right to a fair trial v protection from terrorism)
Right to a fair trial individual versus right to be protected from terrorism collective
In 2013 secret courts were introduced which permit terror suspects to be tried without the evidence against them being fully disclosed
This violates the individuals right to a fair and free trial
how strongly are rights protected in the UK?
INDIVIDUAL VS. COLLECTIVE RIGHTS
(further example of a clash)
Right to strike in pursuit of pay unemployment rights individual versus the right to expect a good service from the public service who are paid from taxation
how strongly are rights protected in the UK?
INDIVIDUAL VS. COLLECTIVE RIGHTS
(right/freedom from being detained without trial v protection from terrorism)
Right to freedom from being detained without trial individual versus right to be protected from terrorism collective
Ministers argued that terra suspects could be detained without trial on the grounds that a national emergency existed
Rude to be discriminatory in 2004 by the law Lord’s because it involved the detention for nationals on suspicion of involvement with terrorism
The government’s response to this ruling was to introduce control orders that enabled suspects to be closely monitored through methods such as electronic tagging reporting to the police removal of phones and removal of Internet access
These orders were kept in place until 2011 despite adverse rulings by judges
Although even in 2011 they were only modified
However it cannot be said that civil Rights are always limited in response to fears of terrorism some restrictive measures have been abandoned in the face of Parliamentary and public opposition
For example in 2005 the Blair government proposed to extend the period the suspect could be held before being charged from 14 days to 90 days this proposal was defeated in the cupboards and the government then compromised on 28 days under the coalition this 28 day period was halved and the plan for compulsory identity cards was scrapped
European Court of Justice 1973
UK joined the European economic community in 1973 which meant that the European Court of Justice had the power to protect workers rights in the UK
Data protection act 1984
Established protection surrounding personal information held by public institutions it was updated in 1988 and 1998
common law rights
Common-law traditional conceptions of how disputes should be settled and what rights individuals have common law is established by judges through judicial precedents when they declare what traditional common law should be it is sometimes described as judge-made law although common law judgements can be found in law books or in digital form
The traditional status of rights in the UK has been that every citizen was assumed to have rights unless they were prohibited by law these rights are sometimes referred to as residual rights
For example it was assumed that people had freedom of movement unless there was some legal obstruction such as if a person was convicted of a crime and sentenced to custody
Rights were sometimes specifically stated as a result of a court case when rights were in dispute
in these cases a judge would decide what was the normal or traditional way in which such disputes would be settled, having made their decision the judge would declare what they understood peoples rights to be and in doing so the judge was declaring common law
If there was no statute law to cover the situation a judge would have to state what the common law was and once a judge had declared what the common law was under a particular circumstance, they created a judicial precedent
In all similar cases judges had to follow the existing judicial precedent
a great body of common law and common law rights was created over the centuries
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The first and perhaps most important truth about rights in the UK is that all citizens have equal rights
Long before the 2010 equality act this was the principle of UK law but the act finally confirmed that this means that no individual and the group can be discriminated against as far as the law is concerned everyone is equal to and subject to the law
rights being suspended under special circumstances
Rights in the UK can be suspended under special circumstances especially in times of crisis or emergency
The best example of this occurred in the 1970s with the UK government introduced internment in Northern Ireland
Internment is the imprisonment without trial of suspected terrorists
people of German origin were interned in the UK during the Second World War for fear that they might provide intelligence for the Third Reich Or become subversives
This was done in Northern Ireland in order to remove as many potential violent political activists from the streets as possible
In the early part of the 20th century Parliament also allowed the government to hold suspected terrorists for long periods without trial, though not indefinitely, as a result of the Islamic terrorist threat after 911
Strengths of rights protections in the UK
There is a strong common law tradition
The UK is subject to the ECHR
The judiciary has a reputation for being independent upholding the rule of law even against the express wishes of government and parliament
The principle of equal rights is clearly established through multiple pieces of legislation
Weaknesses of rights protections in the UK
Common-law can be vague and disputed it can also be set aside by Parliamentary statutes
Parliament remains sovereign and so can ignore the ECHR or can even repeal the human rights act if it wished
There is an increasing pressures on government as a result of international terrorism to curtail rights in the interests of national security the right to privacy the right of association and expression as well as freedom from imprisonment without trial are all threatened under such circumstances
Responsibilities of citizens
The responsibilities of citizens have never been codified in the UK but there is no doubt that they exist
With the increasing amount of immigration into the UK the issue of what responsibilities or obligations citizen should have especially new or aspiring citizens has become more acute
It has been argued that rights can only be earned if they are matched my responsibilities so this principle has never been firmly established
We can however identify a number of citizens responsibilities which are widely accepted and responsibilities that may exist but could be disputed
Clear citizens responsibility is to obey the law to pay taxes to undertake jury service when required to have responsibility to care for their children
Disputed citizens responsibility is to serve in the Armed Forces with the countries under attack to vote in election and referendums to respect the rights of all of the citizens to respect the dominant values of the society
the Clear responsibilities are enshrined in law if a citizen does not except those responsibilities they run the danger of prosecution, the responsibilities that are in dispute may well be in forcible but many citizens will question them
collective vs individual rights
Although it is widely acknowledged today that the establishment and protection of individual rights is vital in a modern democracy it has also been excepted that the community as a whole has rights too, as do various sections of society
Problems can arise when the rights of individuals clash with the collective rights of the community or sections of the community very often there is no solution to these conflicts but politicians are called upon to adjudicate occasionally such conflicts may end up in the courts for resolution
It is difficult to determine which set of rights are more important the rights of the individual or the rights of wider society
individual rights are often sacrificed and curtailed in order to protect the rights of wider society — e.g. the proposal for the Snoopers Charter demonstrates this
Individual rights being sacrificed and dismissed in the name of protecting the rights of wider society — Suggests people cannot be secure in their rights and that rights are not sufficiently upheld in the UK
Although arguably the rights of wider society are more important than the rights of the individual and the government is justified in curtailing individual rights in order to protect the community
Examples of individual versus collective rights
The individual right to freedom of expression versus the collective right of religious groups not to have their beliefs satirised or questioned
The individual right to privacy versus the right of the community to be protected from terrorism by security services that may listen into private communications
The individual right to press freedom versus the right of public figures to keep their private lives private
The individual right to demonstrate in public places right of association of free movement and therefore cause disruption versus the right of the community to their own freedom of movement
The individual right to strike in pursuit of pay unemployment rights versus the collective rights of the community to expect good service from the public servants who are paid from taxation
positive v negative rights
Positive rights are clearly given to a citizen usually in the form of a constitutional protection
Negative rights are not explicitly set out and only exist because of an absence of any law banning them
CASE STUDY: transgender rights
A British thing thank the Westminster social policy Forum met in June 2016 to discuss how transgender equality issues are dealt with by Whitehall departments and agencies how they are treated by schools the NHS and the criminal justice system as well as steps for achieving transgender equality and how legislation including the gender recognition act the equality act 2010 at the marriage same-sex couples act is working for trans-people
The reason for the forms decision was to ensure that trans-people would be given the same legal rights of recognition as anyone else as evidence of these rights being absolute universal and fundamental
The decision reflected the fact that these rights have not been applied to members of the transgender community and that their fundamental rights were being infringed, as demonstrated by a number of legal challenges to UK law based on trans-women in male prisons toilet facilities and birth certificates
Illustrates that think tanks can be used to positively develop government policy promote democracy in the UK and protect rights
Examples of the human rights act defending individual rights in the UK
2004 the law that prevented a gay partner from inheriting a council flat was struck down as discrimination under the human rights act
2011 a special court ruled that local councils cannot force a vulnerable adult to live in a care home as it undermines their right to a family life
2012 Home secretaries were repeatedly prevented from deporting Abu Qatada, a man originally from Jordan who was accused of having links to terrorist organisations, on the basis that the evidence against him was obtained through torture
Does the human rights act effectively protect rights and liberties in the UK?
YES
Rights are now clearly enshrined in statute law
Legislation has to comply with the human rights act
Citizens can access rights protection through UK-based courts
Does the human rights act effectively protect rights and liberties in the UK?
NO
The act is not in trenched and therefore it can be replaced as the Conservative party has pledged to do with the British Bill of Rights
The act cannot overturn primary legislation in parliament
The act can be set aside by government as happened with the derogation of the rights of terror suspects after 911
CASE STUDY: legal highs
Before May 2016 drugs were only illegal if they had been specifically banned by UK legislation
New psychoactive substances NPS all legal highs or substances which contain various chemicals not all of which are illegal the drugs have similar affects to illegal drugs such as cocaine and cannabis
Until legislation was passed the authorities have no legal power to arrest or charge anyone for possession or selling of these products hence they were termed legal highs
In May 2016 the government passed legislation creating a blanket ban on all psychoactive drugs that had not been made legal, thus ending the negative right to use them
Debate over whether things should be legal until they are clearly made illegal and whether people should have the right to do things which are not illegal even if it causes them harm
Is the judiciary best placed to defend the rights of citizens?
YES
Judges exercise the rule of law and can use the human rights act of the power of judicial review to ensure rights in the UK are fully respected
Enhanced measures for judicial independence have meant that the judiciary is independent of the other two branches of the political system and can defend rights based only upon the law, without political pressure
Judges are neutral and can therefore protect a persons rights without discrimination or considerations of their beliefs, character or other traits, making them more affective at upholding individual rights
Is the judiciary best placed to defend the rights of citizens?
NO
Judges are undemocratic and unaccountable so may abuse their position they have no incentive to promote controversial cases
While independent, senior judges work with Parliament to advise on the legality of legislation, this means that judges have played a role in the creation of legislation and are less likely to approach issues of human rights with true independence or absolutely neutrality
The lack of a codified constitution means the judiciary cannot strike down primary legislation this means that even if they decide there is an abuse of human rights they are powerless to do anything about it if it is enshrined in primary legislation judges can only apply the law as it stands
Judges are unrepresentative and from a narrow social and gender background making them less aware of the issues facing most people, there is a belief that judges naturally favour Conservative and privileged groups over other individuals
Is parliament best placed to defend the rights of citizens?
YES
Parliament holds sovereignty therefore it can determine what rights are in the UK and whether or not they should be in forced
Parliament is more representative of the people and so is better able to reflect the values of society and understand different individuals
Parliament introduced and passed all of the acts relating to human rights so it has a history of being the institution that has promoted and defended human rights in the UK
Members of parliament represent their constituents and are in a position to raise the issue of citizens rights with government ministers where they feel those rights are at risk or have been violated
Parliament is democratically elected and so is more accountable to the people for its defence of human rights
Is parliament best placed to defend the rights of citizens?
NO
Short-term political considerations may be more important than defending human rights
Parliament has the ability to suspend the human rights act to achieve its goals
Parliament is usually dominated by the governing party leading to a tyranny of the majority and leaving very few affective checks on government actions that contradict human rights
The role of the House of Lords undermines the Democratic arguments for Parliament
MPs may be reluctant to champion the cause of human rights if it benefits an unpopular element such as Terror suspects or criminals
Points suggesting that rights are well protected and upheld in the UK
legislation — Human rights act, Equality act 2010, etc
Judicial review
Parliamentary sovereignty
Points suggesting that rights are well protected and upheld in the UK
LEGISLATION
One of the most important ways that rights are upheld is by the human rights act 1998 which was passed by new Labour under Tony Blair and incorporated the ECHR into UK law it includes the right to fair and equal treatment for the law freedom of expression and freedom from arbitrary arrest
The HRA insures that rights are upheld by allowing these rights to be defended in UK to court rather than having to go to the ECHR in Strasberg which can be time-consuming and expensive
Furthermore rights in the HRA easier to defend because the act was the first document that clearly set out citizens rights into one single document — Allowing citizens to clearly establish what rights they actually possess and ensure that these rights are in forcible by allowing them to be defended in UK courts
It has often been suggested that the UK has a rights-based culture as all new legislation must be compliant with the human rights act 1998 because our culture is heavily based on and values the rights of its citizens
The idea of a rights-based culture exist in the UK is reinforced by the existence of the human rights act which lays out rights and insures that they are enforcible
The human rights act insures protection over our rights and that they are in forcible it makes it easier to defend rights as they’re all contained in a single document and are clearly laid out making it obvious when rights have been infringed
It was the first document that clearly set out citizens rights in the UK — Clarifies rights
It includes the right to fair trial and equal treatment under the law freedom of expression freedom from arbitrary arrest et cetera
Rights are also upheld by the 2010 equality act which attempted to bring together the various pieces of legislation such as the 1970 equal pay act and the 1976 race relations act that sort out law discrimination and on fair treatment into one act of parliament
It identified nine protected characteristics including race sexual orientation and age make it illegal to discriminate against people or any of these characteristics in the workplace and wider society
These pieces of legislation demonstrate that rights are now better protected and upheld than ever before
Points suggesting that rights are well protected and upheld in the UK
JUDICIAL REVIEW
An increased use of judicial review suggests that our rights are strongly protected and upheld the number of reviews rose from around 4000 in 2000 to over 15,000 by 2013
Judicial review allows the judiciary to defend rights and uphold civil liberties by scrutinising government policy And reviewing the lawfulness of a decision or action of a public body
it is a form of court proceedings where judges review the lawfulness of a decision or action of a public body
Since the introduction of the human rights act 1998 the courts have increased ability to do this as they can review actions by the government that are incompatible with the ECHR and threaten citizens rights
As they can review the actions of the government and make a declaration of incompatibility If those actions threaten the rights set out in the HRA thus ensuring that the government does not overstep its powers and violate civil rights
It is very important in holding the government to account and is therefore essential in protecting rights and the rule of law as it can prevent an elective dictatorship
It insures that the government does not overstep its powers (known as ultra vires, Which literally means beyond the power) — Therefore been crucial in holding the government to account and upholding rights in the UK
An example of judicial review being essential in upholding citizens rights And holding the government to account is the Belmarsh case of 2004 in which nine suspected terror suspects had been held for several years without a trial in Belmarsh prison under the crime and Security act 2001 which contradicts the right to a fair trial
They appealed against their detention and the Supreme Court ruled that the 2001 act was incompatible with the ECHR and as a result the Government chose to heed the judges warning and release the prisoners
Points suggesting that rights are well protected and upheld in the UK
PARLIAMENTARY SOVEREIGNTY
Parliament is sovereign meaning they are in the best position to defend and uphold our rights as they can determine what rights should be upheld in the UK and how best to enforce and secure them
Parliament is also representative of the people which means that it is better able to reflect the values and needs of society, Making it the best institution to establish and defend rights
It also has a history of being the institution that has both promoted and defended rights in the UK — evidence of this comes from numerous pieces of legislation relating to rights such as the freedom of information act 2000 which has improved the transparency of public bodies by giving citizens the right to request information about any public body as long as it does not compromise national security
For example the MPs expenses scandal in 2009 was the result of a freedom of information request
It also introduced the equality act 2010 which protects people from discrimination in the workplace and wider society Giving them the right to be free from discrimination
This demonstrates that it has been Parliament that has sought to protect rights in the UK as Parliament has been the institution that has passed these pieces of legislation
Therefore Parliamentary sovereignty helps uphold our rights as it is the institution with the ultimate power to create rights as well as the institution that continually acts in our best interests, this suggests that rights are upheld effectively in the UK And protected by Parliament
points Suggesting that rights are not well protected and upheld in the UK
Human rights act
Parliamentary sovereignty
Judicial review
Emergency situations
points Suggesting that rights are not well protected and upheld in the UK
HUMAN RIGHTS ACT (legislation counter argument)
It can be argued that the HRA does not actually uphold rights very effectively because it sometimes favours undeserving individuals rather than Upholding the rights of its own citizens
For example Abu Qatada was a radical Muslim living in London who had made numerous speeches justifying the use of violence to promote the Islamist cause he had served time in British jail and the security services regarded him as a threat
They believed it was in the countries interest to deport him back to Jordan where he was wanted for trial but his legal team for the deportation for eight years on the grounds that he may be tortured for information to be used as evidence at trial if he was deported
this breached the human rights act clause on freedom from torture therefore he was protected under the human rights act despite being a security threat
This is an instance where rights of the wider society were not well protected and upheld in the UK, legislation designed to protect civil liberties often act to protect those who may pose a danger
This case demonstrates that the HRA does not always uphold citizens rights affectively as it chose to protect a potentially dangerous individual rather than protecting British citizens from a terrorist threat
points Suggesting that rights are not well protected and upheld in the UK
PARLIAMENTARY SOVEREIGNTY
Parliamentary sovereignty is a feature of the UK that might mean civil rights are not sufficiently upheld but are actually under threat
Parliament still has ultimate power it can create rights which also means that it can take them away when it pleases
This might occur in emergencies when Parliament states that certain rights no longer have legal standing in certain situations for example the snoopers charter was proposed on the Cameron’s government which would increase the power of intelligence agencies to gain information by obliging companies to keep data of peoples browsing history this can be seen as an invasion of the right to privacy justified by the government due to an increasing threat of terrorism
The pressure group liberty has pointed out that legislation does not guarantee rights it is ultimately up to Parliament to ensure that they are protected It is ultimately Parliament’s decision whether our rights are protected or not they can theoretically repeal legislation like the HRA at any time using a simple majority in the House of Commons
Parliament can ignore criticisms that their decisions are infringing civil rights, it is their choice whether to listen to or dismiss suggestions
For example if the judiciary held a piece of legislation to be a threat to rights then the government can simply overrule the judiciary through an act of parliament passed by majority, which is usually achieved due to the electoral system of first past the post
This majority leads to a tyranny of the majority which leaves few effective checks on government actions that contradict rights
points Suggesting that rights are not well protected and upheld in the UK
JUDICIAL REVIEW
Judicial review may not uphold our rights as it places too much power in the hands of unelected and unaccountable judges who may overstep their role and trespass on that of the executive and legislature
such unaccountability gives rise to the risk of the judiciary abusing their power to interpret the law, thus putting our rights at risk rather than protecting them Because these laws are vital in upholding rights
Judicial reviewMay not Adequately uphold our rights as unaccountable forces are making huge judgements which have wide political and social implications, particularly on our rights, Which can be dangerous if they overstep their role and behave tyrannically
and there are issues about whether they should be able to interpret laws that are vital to upholding citizens rights as they are unaccountable
points Suggesting that rights are not well protected and upheld in the UK
EMERGENCY SITUATIONS
Rights may not be sufficiently upheld as the government sometimes uses emergencies as a justification for extending their executive power and curbing the rights of the individual
They can derogate from legislation containing rights and state that certain rights no longer have legal standing in certain situations
Problems can arise when individual civil rights clash with wider collective rights especially in an emergency, the government may limit civil rights to protect the wider community
For example there is a right to privacy but under an increasing threat of terrorism the government may not uphold this right — for example, the snoopers charter increased the power of intelligence agencies to gain information by obliging companies to keep data of peoples browser history, this can be seen as an invasion of privacy and a threat to rights
further conflicts over rights
LACK OF CLARITY OVER DEFINITION OF RIGHTS
Can lead to conflicts between pressure groups and individuals
For example the pressure group the campaign for freedom of information worked to help bring about the freedom of Information act 2000 which gives the public the right to access data held by public authorities
In 2067 they opposed to an attempt by MPs to exclude Parliament from the scope of the act on the grounds that they were entitled to confidentiality in their correspondence with constituents
The bill passed in the comments failed in the Lords and was then dropped
Example the Ramblers Association campaigned for many years for walkers rights to Rome in the countryside and was successful when the right was finally given legal force in the countryside and rights-of-way act 2000
Madonna and a husband to contested the right of the public to walk across the land it was then ruled that walkers could access parts of their estate that was out of sight of the home meaning their the right to privacy would not be infringed
