Rights in Context Flashcards
three ways rights are protected
-parliament
-courts
-pressure groups
Collective rights
-Rights given to groups
-e.g. right to strike, right to self-determination, right to cultural preservation, right to own land
Individual rights
-Rights given to indviduals
-e.g. freedom of religion, freedom from torture, freedom of assembly, freedom of speech
Civil Liberties
-Entitled to an individual by their government
Qualities of human rights
FUNDAMENTAL- rights that underpin every other right, you are entitled to them by virtue of being a human
UNIVERSAL- applies to humans in all times in all places
ABSOLUTE, unconditional
Shamima Begum case
-British born woman who travelled to Syria to join ISIS
-Citizenship revoked in 2019, leaving her stateless
-Critics argued that this action depriveed her rights to a nationality, to life and to be free from torture
-As she was a minor when she travelled to Syria, it can be argued that this violated the UN Convention on the Rights of the Child, which stipulates that children should not be deprived of their rights on the basis of their actions
-The stated reason for revoking her citizenship was to protect national security, collective rights over individual rights
Common Law rights
-Citizens assumed to have rights unless they are prohibited by law
-Based on judicial precedent
-E.g. adverse possession, in the UK, if you have lived somewhere where you are not permitted for 12 years, you have a right to own that land
Human Rights Act 1998
-Brought ECHR into UK law and recognized it as binding
-Replaced UK’s tradition of negative rights
-Legally binding on all public bodies except parliament, although it is politically binding
-Enforced by all UK courts
R v Secretary of State for the Home Department (2001)
Prisoner challenged the prison policy that allowed officers to search his legal correspondence, arguing that it violated his right to privacy as stipulated in the Human Rights Act
Belmarsh 9 case
9 foreign nationals detained in Belmarsh prison according to the 2001 Anti-Terrorism Act
-Argued by House of Lords (judicial review), that the discriminatory nature of the act violated HRA (non-British citizens only)
-Parliament then passed Prevention of Terrorism Act 2005, allowing anyone of any nationality to be subject to a control order (suspension of human rights)
Freedom of Information Act 200
The Freedom of Information Act gives you a general right of access to all recorded information held by public authorities
Arguments that FOIA strengthens rights protections
-Empowers citizens
-Supports democracy
-Encourages accountability
-Increased transparency
Arguments that FOIA is insufficient
-Exemptions and exceptions
-Delays and poor enforcement
-Limited coverage (private bodies and QUANGOs not covered)
-Public authorities may refuse request on cost or time-consumption grounds
-Weak enforcement
Equality Act 2010
Outlawed discrimination on the grounds of
-Age
-Disability
-Gender reassignment
-Marriage or civil partnership
-Race
-Religion
-Sex
-Sexual Orientation
Equality Act Evaluation
Women still earn less than men and married women are less likely to get employed due to the fear of having to give maternity leave
-Nothing about social class
-Exemptions for religious organizations
Arguments that rights are not well protected
-Parliamentary sovereignty
-Legislation alone does not guarantee rights
-Rights can be suspended under special circumstances (has happened 4 times including Northern Ireland 1971-1975)
-Common law can be set aside by parliamentary statutes
-Perceptions of international terrorism have resulted in increasing threats to human rights
Public Order Act 2022
-Gives police greater powers to deal with protests, particularly those that disrupt public services or infrastructure (e.g. blocking roads or airports) introduces new offenses, such as causing serious disruption to critical national infrastructure
-Seen as a threat to the right to protest (protectd by article 11 of the ECHR)
Arguments that rights are well protected
-The UK retains an international reputation for respecting human rights
-Parliament remains reluctant to contradict the ECHR
-There is a strong common law tradition
-The judiciary has a reputation for being independent
-Principle of equal rights is clearly established
Liberty
-Pressure group founded in 1934 to combat fascism
-Instrumental in the 1960s in passing the Sex Discrimination Act
How does liberty protect rights?
Methods
-Research and investigation into rights abuses, publishing through media campaigns
-Legal challenges against rights abuses
-Provides legal advice and support in cases of discrimination
-Largely empowered by HRA1998
Liberty example
Pressured Bournemouth and Poole Council to remove parts of the Public Spaces Protection order that had criminalized rough sleepers and beggars
Failures of Liberty
failed so far in the banning of facial recognition across the UK
