Rights and Obligations Flashcards

1
Q

What are rights?

A

Legally protected freedoms - codified (written in law) and residual (things people are entitled to do unless the law prohibits them

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2
Q

What is the Magna Carta?

A

1215 first stated the rights of the nobles and limited royal power. Gave people the right to a fair trial

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3
Q

What was the European convention on Human Rights?

A

1998 Signed by UK not binding in UK courts. Set up a court in Strasbourg hear rights cases

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4
Q

What was the Human Rights Act?

A

1998 - Incorporates the ECHR into law allowing rights to be defended in EU courts

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5
Q

Wht is the 2010 equality act?

A

Bans discrimintion against people on the basis of protected characteristics 2010

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6
Q

Should the Human Rights Act be replaced with a British Bill of Rights?

A

Some say forighn nationals who have been convicted of crimes can use the HRA to remain in the UK
The gov are concerned that Strasbourg could overturn their decisions e.g moving refugees to Rwanda
A British Bill of Rights would recognise parliamentary sovereignity
A BBof Rights would provide clearer responsibilities of what an individual owes society
Human Rights Pressure groups e.g Liberty would be anti this as they would be concerned it would weaken human rights

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7
Q

What is the anti terrorism, crime and security act 2001?

A

Intro after 9/11. Gave legal power to imprison terror suspectswithout trial. In 2001 9 foreign national detained at Belmarsh for 3 years.
2004 Amnesty International criticised the Act saying “the conditions are cruel, inhumane and degrading. In 2004 the detainees had to be released as the law breached the ECHR

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8
Q

What was the Serious organised crime and police act 2005?

A

Tackles organised crime, simplified powers of arrest
Restricted protests near Parliament - protesters now have to obtain police permission
Justice expressed concerns that it granted too much discretion to police officers

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9
Q

Describe the Terrorism Act 2006

A

Drafted after 7/7 bombings. Extended the time terrorists could be heldwithout charge to 28 daysand made glorifying terrorism a crime

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10
Q

Investigatory Powers Act 2016

A

Authorises the retention of personal electronic data
Comms firms must keep a years worth of comms data and police can access it if someone is accused of commiting a cime
Critics say it is a snoopers charter
Liberty challenged it unsuccessfully through the courts

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11
Q

Police crime and sentencing and courts 2022

A

Passed in response to disrutive campaigns e.g extinction rebellion, Insulate Britain, Black Lives Matter. Gave the police power to restrict protests by start and finish times
Those causing a public nuisance could get 10 years in prison
Aimed to limit disruption such as road blockades
CEO of Amnesty said it was part of “worrying attack on human rights which will strip people of their rights to contest their treatment”

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