Rules in Human Rights and European Convention on Human Rights Flashcards
What are Human Rights
A collection of fundamental entitlements that exist in our legal system because we are human beings.
What does human rights refer to?
A series of key rights that cannot be removed from citizens, but they can be restricted for good and bad reasons.
Define Rights
Rules or laws which are believed to belong to every person without discrimination.
UK Citizens were protected by…
the European Convention on Human Rights until the 1998 Human Rights Act was passed.
History of the ECoHR
Drawn up after WW2 following the Nazi’s actions.
To avoid trauma like it happening in Europe again.
Drafted in 1950 by the Council of Europe, came into force in 1953.
Own court is called the European Court of Human Rights, based in Strasbourg.
UK courts not bound by it.
Human Rights acts’ aim was to enshrine the convention into domestic law in the UK, albeit with restrictions.
The Original convention was divided into…
Articles
Article 2
The right to life
Article 5
The right to liberty and security of person.
Article 8
The right to privacy where there is a respect for private and family life, home and correspondence.
Article 10
Freedoms of expression.
Article 11
Freedom of peaceful assembly and association.
When did the UK sign to the convention?
The UK was signed to the convention in 1953 but the convention’s specific detail was not ratified into domestic law until 2000.
What did UK citizens do before 2000?
UK citizens had to exhaust domestic laws on human rights before they could gain access to the rights under the convention.
Why did the government introduce the 1998 Act?
to streamline access to the basic human rights and freedoms under the convention, so that citizens could access the rights as a first line of uncomplicated protection in any domestic court.
Why was the 1998 Act controversial?
Dubbed ‘Burglar’s Charter’ as many argued it vastly over protects criminals rather than assisting the victims of crime.
