rights in context Flashcards
what are civil liberties
the protections people have against the gov which are guaranteed by the state and the constitution
examples of prominent civil liberties
the right not to be imprisoned without trial
the right to vote
the right not to suffer discrimination
what are human rights
Human rights belong to all people in all societies, by virtue of being human.
They are inalienable, meaning they cannot be taken away under any circumstance and are absolute- they must be fully upheld in all cases.
rights in the uk
the Uk has a good reputation for respecting human rights which is why so many migrants, asylum seekers and refugees are attracted here
example of legislation that probably wont pass the European Convention on Human Rights
- suella bravermans - small boats illegal immigration bill; she thinks its 50% not compatible with the ECHR
- the bill removes asylum seekers and ban them from re-entry if they arrive through unauthorised means
- it potentially doesn’t comply with right to a family life, freedom from torture, right to a fair trial, the right to liberty
the human rights act 1998
the HRA brought into effect the european convention of human rights. It became binding to the Uk gov in 1998
it applies to all public bodies (and politically binding on parliament and they will rarely ignore it)
the freedom of information act 2000
allowed citizens to see information being held about them eg tax authorities or social security
people thought governments were too secretive and this would make them more accountable
the labour gov made it happen
since act was passed it was a valuable for mps and media to discover info that was never available in the past
it shed light on activities on health service, police and helped them to promote reform
equality act 2010
requires that all legislation and decision making by the gov must take into account formal equality for different sections of society - outlaws ANY discrimination against any group:
age, gender, race
which applies: to employment and pay, gov services, healthcare
what is formal equality
establishes formal equality under the legal system and that everyone must be treated the same by the courts and parl
when have rights in the UK been suspended and why
emergencies or crisis
Anti-terrorism crime and security act 2001
gov had the legal power to imprison foreign terrorist suspects immediately without trial - innocent until proven guilty right taken away from them
terrorist act 2006 - extended the time that terrorist suspects can be held from 28 to 48 days
why is parl a big weakness to rights
Parl is sovereign - parliament can create rights or take them away
legislation doesn’t guarantee rights because it is down to parliament to make sure they are protected
weaknesses to rights in the uk
common law can be vague and disputed and can be set aside during parliamentary statutes
parl is soverign so can ignore the ECHR or even appeal the human rights act
strengths to rights in the uk
the strong common law tradition
uk is subject to the ECHR
The judiciary has a reouation for being independent and upholding the rule of law even against the expressed wishes of gov and parl
responsibilities of citizens
theyre not codified but defo exist though
there is an issue - because of the rise of immigration to the UK, the issue of what rights and responsibilities they have
people think you should only have rights if they are earn’t through having responsibilities
clear citizens responsibilities
to obey the law
to pay taxes
