2.1.2 - The Importance of Rights & Possible conflict of Rights Flashcards

(36 cards)

1
Q

Question 1
What does the ‘Freedom of expression’ entail?

A

Right to hold opinions & express them freely without government interference

E.g. via Media, Newspapers & the Internet.

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2
Q

Question 2
What law protects the ‘Freedom of expression’ in the UK?

A

Article 10 of the ECHR, 1953.

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3
Q

Question 3
What does the ‘Freedom of Religion’ ensure?

A

Protection from discrimination based on religious beliefs.

E.g. Perceived beliefs.

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4
Q

Question 4
What law protects ‘Freedom of Religion’ in the UK?

A

Equality Act 2010, which includes religion as a protected characteristic.

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5
Q

Question 5
What does the ‘Freedom of association’ entail?

A

right to peacefully assemble, join or decline membership of a group.

E.g. Trade Unions.

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6
Q

Question 6
What law protects the ‘Freedom of association’ in the UK?

A

Article 11 of the Human Rights Act 1998.

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7
Q

Question 7
What does the ‘Right to Petition’ mean?

A

Right to complain, signatures can be gathered & people can discuss their grievances on the issue.

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8
Q

Question 8
How does the UK petition system work?

A
  • 10,000 signatures = Government must respond.
  • 100,000 signatures = Petition considered for Parliamentary debate.
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9
Q

Question 9
What law protects the ‘Right to petition’?

A

Article 11 of the Human Rights Act 1998.

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10
Q

Question 10
What does the ‘Right to an Education’ guarantee?

A

Right to free education up to the age of 16.

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11
Q

Question 11
What law protects the ‘Right to an Education’?

A

Human Rights Act 1998.

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12
Q

Question 12
What does the ‘Right to Privacy’ mean?

A

This protects the right for a private life.

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13
Q

Question 13
What does the ‘Right to Privacy’ cover?

A

Personal, Family life, Home life & Correspondence.

E.g. Letters, Phone calls, Emails, etc.

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14
Q

Question 14
What law protects the ‘Right to Privacy’?

A

Article 5 of the Human Rights Act 1998.

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15
Q

Question 15
What law protects the ‘Right to a Fair trial’?

A

Article 6 of the Human Rights Act 1998.

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16
Q

Question 16
What is an example case demonstrating the ‘Right to a Fair trial’?

A

DG vs. Secretary of State for Work & Pensions (2010), where DG challenged unfair denial of benefits due to poor communication & medical assessment errors

17
Q

Question 17
What does ‘Freedom of Speech’ guarantee?

A

Right to hold opinions & receive information without interference.

18
Q

Question 18
What laws protect the ‘Right to the Enjoyment of Liberty’?

A

Gender Recognition Act 2004 & Human Rights Act 1998.

19
Q

Question 19
What is an example of a conflict over the ‘Right to the Enjoyment of Liberty’?

A

Steven, a young man with autism, was detained in a specialist unit for a year until the Court of Protection ruled the council had deprived him of his right to liberty, ordering his return home.

20
Q

Question 20
What laws protect the ‘Freedom of Speech’?

A

Human Rights Act 1998, Article 10.

21
Q

Question 21
What is ‘Freedom of speech’?

A

The right to express one’s opinion without censorship, restraint, or legal penalty.

22
Q

Question 22
What are the arguements for citizens having the Right to ‘Freedom of speech’?

A
  • Allows individuals to express opinions on important issues - E.g. Immigration.
  • Considered a basic human right.
  • Encourages resilience in individuals.
  • Provides opportunities to challenge hate speech.
  • Advances society’s knowledge by questioning long-accepted views.
23
Q

Question 23
What are the arguements against citizens having the Right to ‘Freedom of speech’?

A
  • Allows people to express racist & sexist views.
  • Can incite violence - E.g. Capitol Hill riots.
  • Enables false information to spread unchecked.
  • May encourage mob mentality against individuals/groups.
  • Reduces willingness to compromise in discussions.
24
Q

Question 24
What is ‘Freedom of religion’?

A

The right to practice any religion or none, without fear of persecution.

25
Question 25 What are the arguements for citizens having the Right to *'Freedom of religion'*?
* Preserves diversity in a country - E.g. UK allowing religious pluralism. * Encourages cultural coexistence. * Protects individuals from persecution based on their beliefs.
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Question 26 What are the arguements against citizens having the Right to *'Freedom of religion'*?
* May lead to social discrimination against minority religions. * Can result in civil disabilities being imposed based on religious beliefs. * Could create economic disadvantages for certain religious groups.
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Question 27 What does the *'Right to the enjoyment of liberty'* entail?
Individuals are free unless imprisoned with lawful justification - E.g. criminal conviction.
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Question 28 What are the arguements for citizens having *'The Right to the Enjoyment of Liberty'*?
* Reduces violence by ensuring consequences for actions. * Promotes prosperity & longer lifespans. * Expands access to goods & services.
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Question 29 What are the arguements against citizens having *'The Right to the Enjoyment of Liberty'*?
* Not all individuals can handle unrestricted liberty - E.g. murderers. * May result in increased violence if societal norms are not upheld.
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Question 30 What are some arguments in favour of Government Restrictions on Citizen Rights?
* Protects the rights of others – Limiting speech can prevent discrimination, ensuring religious freedom. * Prevents riots & violence – Restricting protest rights can avoid chaos, E.g. preventing future riots like those in 2024.
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Question 31 What are some arguments in Against Government Restrictions on Citizen Rights?
* Preserves individual autonomy – Citizens should have free will to make personal decisions, E.g. Abortion Rights. * Government should not revoke rights once granted – Rights, like education under the Human Rights Act 1998, should remain protected.
32
Question 32 What was the dispute between Johnny Depp & News Group Newspapers Ltd?
The Sun newspaper published an article calling Depp a 'Wifebeater' which he denied, leading him to sue the paper for defamation.
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Question 33 What was the Sun Newspaper's arguement?
* Claimed their statement was based on truth. * Argued they had the legal right to publish it under freedom of expression.
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Question 334 What was Johnny Depp's arguement?
* Denied allegations, arguing the claim was false & defamatory. * Accused The Sun of spreading misinformation that harmed his reputation.
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Question 35 What rights were in conflict during the Sun vs Depp case?
* Depp argued for protection against defamation & false accusations. * The Sun defended their right to freedom of expression in journalism.
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Question 36 How was the Depp vs the Sun case resolved?
* The court ruled The Sun’s article was 'substantially true'. * Depp was found guilty of 12 of 14 alleged incidents of domestic violence. * The Sun’s right to freedom of expression was upheld in this instance.