2.1.3 - The protection of Human Rights Flashcards
(75 cards)
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Question 1
What are the three branches of government?
A
- Executive – Implements and enforces laws.
- Legislative – Creates laws.
- Judiciary – Interprets laws and administers justice.
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Question 2
What is the role of the Judiciary?
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Applies the law, settles disputes, and punishes violations based on legal guidelines.
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Question 3
What does the Judiciary encompass?
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- The court system as a whole.
- Judges, legal professionals, and law enforcement agencies.
- Processes for legal interpretation and judicial review.
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Question 4
What is the structure of the Judiciary?
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- Criminal & Civil - Supreme Court, Court of Appeal & High Court.
- Criminal - Crown & Magistrates.
- Civil - County & Tribunal.
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Question 5
What are the Judiciary’s main responsibilities?
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- Define & interpret laws.
- Prosecute individuals who break the law.
- Ensure justice is fairly administered.
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Question 6
Why do people pursue Supreme Court positions?
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- High salary.
- Prestige—seen as the pinnacle of a legal career.
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Question 7
What is the role of the US Supreme Court?
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Reviews laws & government actions to ensure they align with the Constitution.
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Question 8
How does the UK Judiciary differ from the US Judiciary?
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- Judicial challenges are limited due to parliamentary sovereignty.
- Courts focus more on legal interpretation than legislative checks.
- Pressure groups may use courts to challenge law implementation through test cases.
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Question 9
What is Judicial Review?
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A process where the Judiciary evaluates whether government actions align with legal or constitutional principles.
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Question 10
What happens if an action is deemed unconstitutional after Judicial Review?
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The Court can set it aside & declare it null & void.
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Question 11
How does Judicial Review work in a Codified Constitution?
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- Judiciary can assess if an act violates the Constitution.
- Courts have the power to strike down unconstitutional laws.
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Question 12
How does Judicial Review work in a Uncodified Constitution?
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- Judicial Review is more limited in scope.
- Primarily ensures public bodies follow legal procedures.
- Does not strike down parliamentary legislation due to parliamentary sovereignty.
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Question 13
What is the European Convention on Human Rights?
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A treaty that establishes civil & political rights for citizens of European Union member states.
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Question 14
What is the purpose of the European Convention on Human Rights?
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- Ensures fundamental rights are protected across Europe.
- Requires member states to uphold & enforce these rights.
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Question 15
What are some Key Articles of the European Convention on Human Rights?
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- Article 2 – Right to Life.
- Article 3 – Prohibition of torture & inhuman/degrading treatment.
- Article 6 – Right to a fair trial.
- Article 8 – Right to respect for private & family life.
- Article 14 – Prohibition of discrimination.
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Question 16
What is the European Court of Human Rights - ECtHR?
A
A supranational court in Strasbourg established by the ECHR.
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Question 17
What are the key functions of ECtHR?
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- Allows individuals - not just states - to bring claims against governments.
- Issues legally binding judgments on member states.
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Question 18
How did the ECHR make human rights enforceable?
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- Turned human rights into legal obligations for governments.
- Ensured violations led to real consequences - E.g. court rulings, policy changes, financial damages.
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Question 19
How has the ECHR influenced national laws?
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- Prompted changes or repeals in national legislation to align with ECHR rulings.
- Strengthened protections for minorities & vulnerable groups.
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Question 20
Examples of ECHR-driven reforms?
A
- Decriminalisation of homosexuality - E.g. Northern Ireland in the 1980s.
- Restrictions on mass surveillance programs.
- Improved prison conditions & police conduct regulations.
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Question 21
How has the ECHR contributed to democracy & governance?
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- Helped post-Communist countries transition to democratic systems.
- Set a European-wide standard for human rights protections.
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Question 22
What is the Human Rights Act 1998 - HRA?
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UK legislation that incorporated the European Convention on Human Rights - ECHR - into domestic law, making rights enforceable in UK courts.
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Question 23
When did the HRA come into force?
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October 2000.
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Question 24
How did the Human Rights Act change legal access to human rights?
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- Allowed individuals to enforce rights directly in UK courts.
- Made human rights claims quicker, cheaper & more accessible.
- Previously, UK citizens had to go to the European Court of Human Rights in Strasbourg.
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Question 25
What does Section 6 of the Human Rights Act require?
* Public authorities (e.g., police, NHS, councils, schools) must not breach ECHR rights.
* Created a duty for public bodies to respect and uphold rights in daily operations.
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Question 26
What does Section 3 of the HRA state?
Judges must interpret UK laws to be compatible with ECHR rights wherever possible:
* Ensures human rights considerations are embedded in UK legal decisions.
* Applies even if the original wording of a law is ambiguous.
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Question 27
What can UK courts do if a law conflicts with human rights?
* Issue a Declaration of Incompatibility - Section 4.
* Does not strike down the law - due to Parliamentary Sovereignty.
* Alerts Parliament, prompting reconsideration or legal reform.
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Question 28
What are some key rights protected in the Human Rights Act?
* Right to life.
* Freedom from torture and inhuman treatment.
* Right to liberty.
* Right to a fair trial.
* Right to private and family life.
* Freedom of expression, religion, and assembly.
* Protection from discrimination.
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Question 29
How have these rights been used in practice?
* Challenged unfair police procedures.
* Prevented unlawful detention.
* Protected freedom of the press.
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Question 30
Can human rights be limited under certain conditions?
* Yes - but only if the limits are lawful, necessary & proportionate.
* E.g. restrictions for national security or public safety.
* Provides a structured framework instead of unchecked government discretion.
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Question 31
What is the Universal Declaration of Human Rights?
An international document adopted by the United Nations General Assembly on December 10, 1948, outlining fundamental rights and freedoms for all people.
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Question 32
Is the Universal Declaration of Human Rights legally binding?
No, but it has profoundly influenced global human rights protections and laws.
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Question 33
What was the UDHR’s core contribution?
* Established the idea that human rights are inherent and inalienable, not granted by governments.
* Defined a universal set of rights regardless of nationality, race, religion, or political status.
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Question 34
What are the Key Civil & Political Rights are outlined in the UDHR?
* Right to life, liberty & security - Article 3.
* Freedom from torture & cruel treatment - Article 5.
* Right to a fair trial - Article 10.
* Freedom of thought, conscience, religion, expression & assembly - Articles 18-20.
* Right to asylum - Article 14.
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Question 35
What are the Key Economic, Social & Cultural Rights are outlined in the UDHR?
* Right to work & fair wages - Article 23.
* Right to education - Article 26.
* Right to an adequate standard of living - Article 25.
* Right to rest & leisure - Article 24.
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Question 36
How did the UDHR shape global legal frameworks?
* Inspired over 70 international treaties, including the European Convention on Human Rights - 1950.
* Influenced national constitutions and legal systems worldwide.
* Laid the foundation for modern international human rights law.
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Question 37
How did the UDHR strengthen human rights advocacy?
* Provided a universal language for legal & civil challenges against abuses.
* Empowered citizens & organisations to hold governments accountable.
* Became the basis for monitoring human rights violations globally.
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Question 38
What is the core principle of the UDHR?
"All human beings are born free and equal in dignity & rights."
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Question 39
How did it influence post-WWII governance?
* Encouraged democratic reforms and rejection of discrimination.
* Set a moral and political benchmark for governments worldwide.
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Question 40
What does the Equality Act 2010 do?
Legally protects people from discrimination in the workplace & wider society.
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Question 41
What are the Key Provisions in the 2010 Equality Act?
* Replaced previous anti-discrimination laws with a single Act.
* Protects against discrimination, harassment & victimisation.
* Clarifies rights & protections for various groups.
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Question 42
What are some of the Specific Protections in the 2010 Equality Act?
* Prohibits sexual harassment & pay discrimination.
* Covers racial discrimination, age & gender protections - including positive discrimination.
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Question 43
What does the Freedom of Information Act grant?
Public access to information held by government departments & public authorities.
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Question 44
What are the Key Provisions in the 2000 Freedom of Information Act?
* Applies to government bodies - E.g. NHS, police forces.
* Obligates public authorities to publish certain information.
* Allows individuals to request information from public authorities.
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Question 45
Who follows the Freedom of Information Act 2000?
* Covers England, Wales & Northern Ireland; UK-wide authorities in Scotland.
* Scottish public authorities follow Scotland’s Freedom of Information Act 2002.
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Question 46
What does the Health & Safety Act regulate?
Workplace health, safety & welfare across different sectors.
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Question 47
What are the Key Provisions in the Health & Safety at Work Act 1974?
* Provides a minimum standard for workplace safety.
* Requires employees to take care of others & comply with safety rules.
* Interface with European regulations.
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Question 48
What is the Impact of the Health & Safety at Work Act 1974?
Protected workers from hazards, particularly in dangerous industries like mining & factories.
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Question 49
What was the key issue in Darnley v Croydon - 2018?
Mr. Darnley suffered permanent brain damage after leaving A&E due to incorrect wait time information given by a receptionist.
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Question 50
Why did Mr. Darnley leave A&E?
He was told the wait time would be 4-5 hours, when in reality, it was only 30 minutes.
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Question 51
What happened after Mr Darnley left A&E?
He collapsed at home, worsening his medical condition.
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Question 52
What were Darnley's arguments?
- The incorrect wait time misled him, leading to avoidable harm.
- The hospital failed to provide accurate information, breaching its duty of care.
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Question 53
What were Croydon's arguments?
- Receptionists are not responsible for medical advice.
- Darnley’s decision to leave was his own choice, not a direct failure of medical treatment.
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Question 54
How did the Supreme Court rule in the Darnley vs Croydon case?
* Ruled that the receptionist DID owe a duty of care.
* The incorrect information breached this duty.
* Clarified that all hospital staff - including non-medical staff - must avoid misleading patients.
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Question 55
Did the court find any human rights violations in the Darnley vs Croydon case?
No, the case focused on duty of care rather than rights breaches.
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Question 56
What was the central issue in the Black Cab Rapist vs Metropolitan Police case?
The claimants argued that the police failed to take their allegations against John Worboys seriously, potentially due to gender bias.
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Question 57
Who was John Worboys in the Black Cab Rapist vs Metropolitan Police case?
A convicted serial rapist known as the Black-Cab Rapist, accused of drugging & assaulting multiple women.
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Question 58
What rights were at stake in the Black Cab Rapist vs Metropolitan Police case?
* Right to a fair trial.
* Right to equality & freedom from discrimination.
* Freedom from violence against women.
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Question 59
What is the Legal Argument in the Black Cab Rapist vs Metropolitan Police case?
* The victims argued that their cases were not investigated thoroughly.
* They suggested gender bias in how the police handled their claims.
* The police’s handling of allegations was challenged in court.
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Question 60
What was the outcome of the Black Cab Rapist vs Metropolitan Police case?
* The court ruled in favor of the victims in the original criminal case - Worboys was convicted of 12 counts of sexual assault.
* The police faced an investigation but no significant consequences for their alleged negligence.
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Question 61
Was there a deeper inquiry into police accountability during the Black Cab Rapist vs Metropolitan Police case?
Little information is publicly available about follow-up actions, leading to concerns of a cover-up.
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Question 62
What was BrewDog’s campaign about?
A marketing initiative highlighting the 20% gender pay gap by offering women a discounted Pink IPA.
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Question 63
Why did Dr Bower take legal action?
He was refused the discounted price due to his gender, which he argued was discriminatory under the 2010 Equality Act.
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Question 64
What was Dr Bower’s Argument during Pink vs Punk?
- Gender-based pricing violated the Equality Act 2010.
- BrewDog’s policy constituted direct discrimination.
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Question 64
What was BrewDog's Argument during Pink vs Punk?
- The discount was intended as a statement on gender pay inequality.
- Their pricing strategy aimed to promote social awareness.
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Question 66
What Rights were at stake during Pink vs Punk?
* Protection from gender discrimination in commercial transactions.
* Right to equal treatment in business practices.
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Question 67
What was the outcome of Pink vs Punk?
* Dr Bower initially sought a public apology.
* After BrewDog refused, he took the case to small claims court.
* The judge ruled in Bower’s favor, awarding him £1,000 compensation.
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Question 68
What was Ed Bridges’ legal challenge?
He argued that South Wales Police's use of facial recognition technology violated his privacy rights under the European Convention on Human Rights - ECHR - as well as data protection and equality laws.
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Question 69
What were the Legal Arguments & Rights involved in the Ed Bridges vs South Wales Police case?
* Right to a Private Life - ECHR Article 8.
* Data Protection & Privacy Legislation.
* Equality Laws regarding fair treatment & non-discrimination.
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Question 70
Why was facial recognition controversial in the Ed Bridges vs South Wales Police case?
Concerns over unregulated mass surveillance and potential misuse of personal data.
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Question 71
What was the outcome of the Ed Bridges vs South Wales Police case?
* Court of Appeal ruled on August 11, 2020, that Bridges' rights had been breached.
* Judges found deficiencies in the legal framework regulating facial recognition.
* South Wales Police were ordered to halt their facial recognition system.
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Question 72
What was the main issue in the Asylum Seekers vs Home Office case 2020?
Five asylum seekers, deemed highly vulnerable, were left homeless despite gaining approval for financial aid & accommodation from the Home Office
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Question 73
What were the consequences of the Home Office's failure?
One asylum seeker, undergoing kidney dialysis, was forced to sleep on the streets or on friends’ sofas due to delays in support.
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Question 74
What legal Rights were infinged during the Asylum Seekers vs Home Office case 2020?
* Article 3 of the European Convention on Human Rights – Protection against torture, inhuman, or degrading treatment.
* Section 4 of the Immigration & Asylum Act 1999 – Legal obligation to provide accommodation for vulnerable asylum seekers.
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Question 75
What was the outcome of the Asylum Seekers vs Home Office case 2020?
* The High Court ruled in favor of the five asylum seekers.
* Confirmed the Home Office had breached the law by failing to monitor accommodation for disabled migrants.
* Found that the Home Office had unlawfully discriminated against one claimant based on his disability.
