UNIT 1 Rights in the UK Flashcards
European Convention Human Rights 1950
EU Court of Human Rights = set in 1959
Council of EU = international organisation which comprises of 47 countries, set up to promote democracy and protection of human rights and the rule of law in EU.
EU has 27 members that delegated some sovereignty so that decisions on particular matters can be made democratically at EU level.
Human Rights Act 1999
based on the 1997 Lab manifesto pledge that UK citizens should have statutory rights to enforce their human rights in UK courts.
ensured British citizens could bring rights cases to British courts and the European Court of Human Rights.
courts can declare incompatibility if it is not compatible with the rights in the convention.
legal duty imposed on all public institutions (not to parliament) to respect and protect those rights listed.
What is the Equality Act 2010?
combined 116 separate earlier legislation and made it illegal to discriminate in 9 areas e.g. religion, age, disability, pregnancy, race, sexual orientation.
Race Rels 1976, SDA 1975, Disability Discrimination 1995.
BELMARSH RULING 2004
The Law Lords ruled an 8-1 majority against the government’s detention of terrorist suspects in the Belmarsh Prison. Lord Hoffman ruled that there was no state of public emergency threatening the life of the nation, which was the only way in which Britain could opt out of the EUCHR Article 5 (right to liberty) without a statement of incompatibility.
The Law Lords majority = indefinite detention without trial at Belmarsh High Security Prison would be deemed unlawful under the European Courts of Human Rights.
David Blunkett was forced to resign as Labour Home Secretary because he asked MPs for permission to continue holding foreign nationals without trial. His anti-terror laws (33% budget increase for MI5) posed a threat according to Lord Hoffman who said that the real threat comes not from terrorism but as laws such as these.
16 Muslims were detained under the anti-terror legislation, 10 held at Belmarsh, one in a mental hospital - as suspected international terrorists.
HOWARD LEAGUE for penal reform - pressure group influence on prisoners’ rights
Aims to increase the safety of our neighbourhoods through thorough research and campaigning and legal work.
LESSER CRIME, SAFER COMMUNITIES, FEWER PEOPLE IN PRISON.
Free legal advice and confidential talks are offered through their helpline.
All parliamentary party group gives administrative assistance to women in the penal reform system - brings parliamentarians together to discuss the issues of women in trouble with the law.
The Howard Journal of Crime and Justice - publishes high quality theory, research and debate.
2016 - number of child arrests down by 59% in 6 years of the Pressure group being active.
LIBERTY - pressure group influence on rights
focus on 2022 example
‘Liberty challenges injustice, defends freedom, and campaigns to make sure everybody in the UK is treated fairly’.
10,500 members and supporters.
Court- 2013 Edward Snowden revealed the UK government were spying on ordinary people - 9 other NGOs challenged surveillance.
Crowdfunded 2017 People Vs. Snooper Charter = most intrusive mass surveillance ever introduced in our democracy. - £50,000 worth of donations.
Liberty has responded to the news that Home Secretary Priti Patel has lifted restrictions on Section 60 stop and search - they outline how police have consistently shown that stop and search is discriminatory against POC people. They believe removing S60 restrictions will worsen relationships.
Freedom of Information Act 2000
allows public access to info held by public authorities with the intention of a more open govt.
FOI 2000
evidence
April-June 2021 = 13,000 appx FOI requests which was a significant increase from 2020’s same quarter.
FOI request March 2021:
‘Please can you tell me how many times David Cameron has contacted HM Treasury Ministers or the Chancellor regarding Greensill Capital…’
HRA 1998
evidence
June 2018: UKSC made a rare declaration of incompatibility under HRA 1998 – they found that Civil Partnerships Act 2004 was incompatible with the EUCHR.
court said that heterosexual couples couldn’t join civil partnerships was a breach of their rights under A14 which (non-discrimination) when read with A8 (respect for a private life).
case was brought forward by couple Rebecca Steinfeld and Charles Keidan who wanted to enter a civil partnership.
Civil Partnerships, Marriages, and Deaths Act 2019 amended this.
EA 2010
evidence
Asda Stores Ltd v Brierley and others, 2019 – thousands of shop workers, mostly female, claimed they were historically paid less for work of equal value to the work undertaken by their predominantly male colleagues working at deports as part of Asda’s distribution operation.
Court of Appeal ruled in favour of the shop workers.
example of the how the Govt has chosen to restrict rights recently
UK Parliament had the power to derogate (set aside) certain articles of the EUCHR during a state of emergency or a time of war.
Coronavirus Act 2020 – allowed the police to prevent people from leaving their homes without a ‘reasonable excuse’
this clashes with A5 (right to liberty).
example of individual v collective rights
Ashers Baking Company v Lee 2018
UKSC ruled that under A10, freedom of expression includes the right not to promote an opinion they fundamentally disagree with.
This angered many LGBTQ+ groups - support for Lee had been legally overturned.
example of individual rights v state
Hirst v UK 2005 – ECtHR ruled that a blanket ban on prisoners voting violated A5.
the Court held by 12 votes to five, that there had been a violation of Article 3 of Protocol No. 1 (right to free elections) to the European Convention on Human Rights (John Hirst was serving a life sentence and argued his rights were being compromised)
