rights in context Flashcards
what are civil liberties?
rights and freedoms enjoyed by citizens and freedoms guaranteed by the state e.g. freedom of speech, freedom of association etc
what are civil rights?
rights and freedoms protected by the state e.g. right to education, right to equal treatment etc
what was the Magna Carta? and when was it
it was in 1215 and it was an attempt to limit the power of the monarch, by ensuring the government could only impose taxes with consent of the people
what is the bill of rights act 1689?
a set of civil liberties to protect the people from military dictatorship, these consisted of free elections, freedom of speech within parliament etc
what is the human rights act 1998?
before the human rights act, the UK relied on negative rights, meaning, you could do whatever you wanted as long as it doesn’t go against the law, but the human rights act introduced positive rights, which were rights that had to be protected and respected by law. (European Convention of Rights)
what is the equality act 2010?
it protects different groups within society
strengths of UK rights
- judiciary is independent and neutral
- the principle of equal rights is established
- strong common law tradition
- the UK is subject to the European Convention on Human Rights
what is the difference between collective and individual rights?
collective rights are rights that protect groups within society, for example, religious groups, protection from terrorism and the right of the community to their own freedom of movement. whereas individual rights are basic rights, like freedom of expression, the right to privacy, and the right to strike for employment rights and pay.
what is the Campbell V Mirror Group News case?
the mirror posted pic of Naomi Campbell leaving drug addiction clinic and she sued them. the Law Lords had to decide if Campbell had the right to privacy or if the Mirror had the freedom of expression. in the end, the Law Lords were in favour of Naomi Campbell
what is the freedom of information act 2000 and when has it been useful?
gives the right for the public to see information held by public bodies, like investments. it was useful during the MPs expenses scandal of 2009, where one of the MPs claimed expenses to build a ‘duck pond’
3 weaknesses of the rights in the UK
- common law can be vague and disputed, it can also be set aside by parliamentary statutes
- parliament remains sovereign and can can ignore or even repeal the ECHR and the human rights act
- equality is subject to interpretation, and some groups come into conflict over the enforcement of their rights, like LGBT+ groups and religious groups
what is liberty? what do they fight for?
the national council for civil liberties, they aim to protect and uphold civil rights and liberties across the UK
what methods does liberty use?
- research and investigate rights abuses and publicises it through the media to spread awareness and develop support
- they also work with the government to advise on legislation and ensure it complies with the human rights act
- they also organise petitions, protests and public demonstrations
list 2 of liberty’s successes
august 2020: liberty won a court of appeal ruling against the legal framework of South Wales Police when using facial recognition tech
2015: publicised the campaign to ‘save the human rights act’ to publicise and oppose the tories’ party manifesto to replace HR act with a bill of rights
list 2 of liberty’s failures
- they have failed in their attempts to ban the use of facial recognition across the UK, it is still used by the Metropolitan Police
2020b and 2021: despite their online petitions and campaigns against lockdown restrictions, the government continued to impose restrictions on peoples’ freedoms