Topic 1: Democracy + Participation - RIGHTS IN CONTEXT Flashcards
Human Rights combine 2 different concepts of rights: civil liberties + civil rights. What is the difference?
Civil liberties –> the protections citizens have against government and the state. EG: freedom of speech, right to trial by jury.
Civil rights –> rights that are guaranteed by the state. EG: Right to life, freedom from discrimination.
What are 3 aspects of human rights?
HR should be:
absolute- cannot be compromised / diminished
universal - apply to everyone
fundamental - essential part of life, cannot be removed
When / What was the first set of civil liberties in the UK?
1215 - the Magna Carta. limit the power of the monarch (the government of its day) + ensure protections against arbitrary rule. MC included the right to trial by jury & that the monarch could only impose taxes with the consent of the people.
What is another example of early rights legislation in the UK following the Magna Carta?
1689, under the influence of John Locke, Parliament drafted , another set of civil liberties designed to protect the people of England from a potential military dictatorship. It ensured the monarch couldn’t take England into a foreign war without its agreement & that people were free from ‘cruel and unusual punishments’.
What is common law?
rights were sometimes specifically stated as a result of a court case when rights were in dispute. In these cases a judge would decide what was the normal or traditional way in which such disputes would be settled. Having made their decision, the judge would declare what they understood people’s rights to be. In doing so the judge was declaring common law. Other judges must follow common laws.
What do we mean by negatively - defined rights?
every UK citizen assumed to have rights unless they were clearly prohibited by law. Basically the law listed what rights you didn’t have rather than what you did have
What change did the HUMAN RIGHTS ACT 1998 bring?
HRA brought into effect the European Convention on Human Rights, which was established by the Council of Europe in 1950. The UK helped to draft the Convention but did not accept it as binding on its government until 1998. also brought POSITIVELY DEFINED RIGHTS
Describe the Equality Act 2010
the act outlaws any discrimination against any (oppressed) group.
what are strengths of rights in the UK?
-there is a strong common law tradition
-the UK is subject to the ECHR
-the principle of equality is clearly established
-the judiciary has an independent reputation for upholding the rule of law even against parliament’s wishes
what are weaknesses of rights in the UK?
-common law can be vague
-parliament remains sovereign + so can ignore the ECHR or even repeal the HRA
-there is increasing pressure on governments as a result of terrorism to reduce rights in the interests of national security.
Give 1 example of a contemporary civil liberty pressure groups.
1)LIBERTY - aims to fight for/uphold civil liberties in the UK + develop a wider ‘rights culture’ across society. methods include: working with gov to advise HR legislation, media campaigns, research etc. Successes include: 2020-Liberty used legal actions by bringing a case under the HRA to successfully pressurise Bournemouth, Christchurch & Poole Council into removing parts of the Public Spaces Protection Order that had been used to criminalise rough sleepers and beggars. August 2020- Liberty won a Court of Appeal ruling against the legal framework used by South Wales Police when using facial recognition technology.
Give a second example of a contemporary civil liberties pressure group
2) AMNESTY INTERNATIONAL - aim to educate society + protest people wherever they feel liberty has been denied. methods include: spread public awareness & mobilise public support to pressurise government to act + support reform. produce email/letter templates to government. organise petitions/marches. Successes include: 2013- used satellites to capture images of HR abuse in N Korea + Syria. 2015 - Shell agreed to pay £84M in compensation to farmers/villagers affected by an oil spill.
