UK and Human Rights

Question 1

What is the point of the Human Rights Act 1998?

Answer 1

It incorporates rights contained in the ECHR into UK law.

Question 2

How does it protect rights under the British constitution?

Answer 2

(a) Being able to take your case to a domestic court
(b) Enforcing public bodies to respect your rights
(c) Courts interpret legislation to ECHR rights
(d) Declarations of incompatibility and statements of compatibility

Question 3

What is a declaration of incompatibility?

Answer 3

A declaration of incompatibility does not affect the continuing operation of legislation nor does it bind the government or parliament into changing legislation. It serves only as a notice to parliament and the government that legislation is incompatible.

Question 4

How many declarations of incompatibility have been issued since the HRA received royal assent?

Answer 4

39.

Question 5

How many of declarations of incompatibility have been overturned?

Answer 5

A quarter (1/4).

Question 6

How many declarations of incompatibility have been rectified or are in the process of being rectified?

Answer 6

Three quarters (3/4)

Question 7

What are the positive points about the UK’s effectiveness in human rights?

Answer 7

(a) Decreasing trend in applications made against the UK
(b) There have bee more applications struck out than gotten to judicial formation between 2010 and 2017
(c) UK ranks 29/45 for 2017 pending cases
(d) All declarations of incompatibility eventually end up in line with the ECHR.

Question 8

What are the negative points about the UK’s effectiveness in human rights?

Answer 8

(a) EU (Withdrawal) bill threatens human rights by withdrawing from the EU Charter for Human Rights.
(b) ‘Bill of Rights’ idea could be catastrophic for human rights protection.

Question 9

What are the facts of the case of Ibrahim and Others v UK?

Answer 9

Applicants weren’t allowed legal assistance in police interview after attempted terrorist attack.

Question 10

What was the outcome of the case of Ibrahim and Others v UK?

Answer 10

Violation had not occurred as this was for the safety of the public and interviews were based on public safety and not defendants criminality.

Question 11

What are the facts of the case of R v Mental Health Tribunal and the SoS for Health?

Answer 11

Man wanted to leave mental health hospital but the tribunal was not present to review his case.

Question 12

What was the outcome of the case of R v Mental Health Tribunal and the SoS for Health?

Answer 12

The remedy was that legislation was changed.

Question 13

What are the three remedies available when a violation occurs?

Answer 13

(a) Just satisfaction (Money)
(b) Individual measures (To help applicant)
(c) General measures (To prevent violation occurring)

Question 14

What is the Brighton declaration?

Answer 14

The Brighton declaration aims to reduce caseload for ECtHR.

Question 15

How does the Brighton declaration aim to reduce caseload of the ECtHR?

Answer 15

1) Amend convention to include principles of subsidiarity.
2) Amending convention to tighten admissibility criteria
3) Reducing time limit from 6 to 4 months
4) Improving selection process for ECtHR judges

Question 16

What are some arguments for a British Bill of Rights?

Answer 16

(a) Former PM David Cameron suggests it leads to perverse judgements such as UK blanket ban being lifted on prisoners voting and terrorists being deported.
(b) Could be more suited to British customs and traditions rather than the political climate of Europe

Question 17

What are some arguments against a British Bill of Rights?

Answer 17

(a) UK will lose human rights legitimacy and will have less influence to speak about tragedies elsewhere
(b) ECHR has lead to many positive outcomes such as UK soldiers being allowed to be gay
(c) Could dilute human rights laws by being held less accountable