1.4 - Rights in Context (PAPER 1)

Question 1

What are the 5 principles governments need to persue?

Answer 1

Freedom + Rights
Tolerance
Law + Order
Equality
Justice

Question 2

What are civil rights?

Answer 2

Basic rights and freedoms that protect individuals from unfair treatment and ensure equal treatment under the law.

Protected by HRA

Question 3

What are some examples of civil rights?

Answer 3

Positive:

The right to vote
The right to join political parties
To form associations like trade unions or pressure groups
The right to express an opinion (this could be hindered by the Crime and Courts Act)
The right to move freely

Negative:

Right to privacy
Right to a fair trial
Right to not be imprisoned without a trial

Question 4

What is the difference between negative and positive civil rights?

Answer 4

Positive rights are rights that provide something that people need to secure their well-being.

Negative rights are protections against the state.

Question 5

When was a document released that made our rights clear?

Answer 5

1998 Human Rights Act

Question 6

What is the oldest official declaration of rights?

Answer 6

Magna Carta

Question 7

When was the Magna Carta released?

Answer 7

1215

Question 8

What did the Magna Carta establish?

Answer 8

• Right to trial by jury
• Unlawful seizure of property.

Question 9

What is a 20th Century declaration of rights?

Answer 9

European Convention on Human Rights 1950

Question 10

Who enforces the European Convention of Human Rights 1950?

Answer 10

Council of Europe

Question 11

Who passed the Human Rights Act 1998?

Answer 11

The last Labour government (as of 27/09/22)

Question 12

What is the most recent update to human rights in the UK?

Answer 12

The Equality Act 2010

Question 13

What did the Equality Right 2010 set out?

Answer 13

Brought the Equal Pay Act, Sex Discrimination Act and the Race Relations Act.

Added protections for: age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion / belief, sex and sexual orientation.

Question 14

What are some more controversial rights?

Answer 14

• Rights to form trade unions and to strike are controversial
• Education and pension rights are less so but sometimes debated.

Question 15

What is a problem with the current Human Rights Act 1998?

Answer 15

The current (as of 27/09/22) Tory Government in May 2015, promised to scrap the Act.

Question 16

What was tolerance originally known as?

Answer 16

Religious Tolerance.

Question 17

What were non-CoE members prevented from doing in the early 19th Century?

Answer 17

Voting
Standing for Parliament
etc.

Question 18

What were the differing conversations surrounding tolerance?

Answer 18

Conservatives argues tolerance should be limited to preserve order and unity.
Liberals focused on extending tolerance to all.

Question 19

How does right-wing politics lean in terms of law and order?

Answer 19

Harsher punishments for criminals
More police
Strong Army

Question 20

How does left-wing politics lean in terms of law and order?

Answer 20

More tough on the causes of crime.
Investment to prevent crime before it happens rather than harsher punishment.

Question 21

What is Labour’s famous slogan on crime?

Answer 21

‘Tough on crime, tough on the causes of crime’

Question 22

What does equality actually mean?

Answer 22

Equal rights
Equality of Opportunity

Question 23

What do people argue about in terms of equality?

Answer 23

Equality of Opportunity
Equality of Outcome

Question 24

In relation to actions by Parliament that are deemed to be incompatible with the Human Rights Act, What powers do judges have?

Answer 24

If the court finds that an Act of Parliament or Parliament itself is in breach of the Human Rights Act, the government will then act upon it and fix it. It is the government’s job to uphold the rule of law.

However, in theory, the government could ignore the courts because of Parliamentary Sovereignty.

Question 25

What are 2 examples where human rights cases have been succesful?

Answer 25

**Rwanda Deportation (2023)** – Supreme Court ruled deporting asylum seekers to Rwanda violated human rights. **Children in Hotels (2023)** – High Court found the Home Office unlawfully housed asylum children in hotels.

Question 26

What is judicial review?

Answer 26

This is where any citizen can take either the government or any public body to court if they believe it has acted beyond its powers.

Question 27

Why do some on the right oppose the Human Rights Act?

Answer 27

Some argue that is shows favour to undeserving individuals, rather than protecting the freedoms of UK citizens.

Question 28

What are TPIM’s

Answer 28

**Terrorism Prevention and Investigation Measures** * The coalition government of 2011 replaced the control orders with TPIM's. * Restrictions imposed on individuals deemed to be a threat to public safety due to terrorism-related activities, but who cannot be prosecuted or deported

Question 29

What is the 'Snoopers' Charter'?

Answer 29

The 'Investigatory Powers Act' allows state authorities to collect information about everything we do.

Question 30

Why are government unlikely to support pressure groups on behalf of individuals like terror suspects?

Answer 30

They are a minority, that the majority has minimal / no sympathy for.

Question 31

What is the difference between natural-born rights and given rights?

Answer 31

Natural-born are things you have from the moment you are born. (right to life, right to freedom from torture etc.) Given rights are things that are given to you from the state (positive rights).

Question 32

What is the Crime and Courts act?

Answer 32

An Act that specifies that the police can break up a protest if it is deemed to be “unacceptable”

Question 33

What is the gender recognition Act?

Answer 33

You can change your gender on your passport / birth certificate, provided you have had gender reassignment.

Question 34

Why are trade unions unpopular with many Conservatives?

Answer 34

They have a wider, left-wing, socialist agenda. (e.g. RMT and the railway union). Their pay demands are too high for employers to meet as this would mean businesses going out of business. Margaret Thatcher hated trade unions and passed laws to restrict their power.

Question 35

On what grounds can the ‘Snooper’s Charter’ be implemented?

Answer 35

Under any grounds, but in actuality, it’s implemented for certain people who would interact with groups such as ISIS, Al Queda or even the BNP if they deemed it worthwhile.

Question 36

Why has it become more difficult for the 'Snooper's Charter' to be used?

Answer 36

The increased usage of encryption. Apple declining to co-operate with investigation in America.