Comparison of Human Rights Between Australia and the UK Flashcards
Human Rights Act
An act passed through Parliament in 1998 which is the primary way by which human rights are protected in statute law in the UK.
Equality Act
An act passed in 2006 which establishes the Equality and Human Rights Commission. The Equality and Human Rights Commission aims to inform citizens about their human rights and issues regarding human rights, as well as having certain legal authority to challenge human rights issues in court.
Afghan Hijackers Case
A case in 2006 where several people fleeing terrorist groups were prevented from being deported out of the UK because of the 1998 Human Rights Act.
What is the main form of human rights protection in the United Kingdom?
The main form of protecting human rights in the UK is through statute law, using the 1998 Human Rights Act. The act essentially incorporates the European Convention on Human Rights into British domestic law, which makes it possible for people to pursue breaches of the act in court. An example of this is the 2006 Afghan Hijackers case in which several people fleeing terrorist groups were prevented from being deported from the UK because of the effects of the Human Rights Act. The act also empowers the judiciary to review laws passed by Parliament to see whether or not they are valid under the 1998 Human Rights Act. If the courts decide that a certain law is invalid, they can issue a deceleration of compatibility, which forces Parliament to review the law. Parliament technically can choose to not change it, but declarations of compatibility are almost always honoured by convention and media attention would bring immense pressure against a government who ignored a declaration of incompatibility. For example, in 2014, a law which said that a deceased father’s details were not allowed to be entered on a child’s birth certificate was deemed invalid under the Human Rights Act, and the Parliament subsequently amended the act.
How are human rights protected through Common law in the UK?
Many human rights are entrenched in UK common law through a long history of establishing an independent and fair judiciary. Such rights include the right to a fair trial, the right to remain silent and habeas corpus. These rights are established and respected by the executive that under convention they will never be changed by common law, and many are also integrated into UK statutory law.
How can the UK’s system of protecting human rights appear weak?
The UK has no formal constitution. A body of legislation which is considered a constitution does exist, although it does not exist as superior law, meaning the judiciary has no power to enforce the effects of the constitution. This means that theoretically the British Parliament could pass any law it wants, including laws that breach human rights and the Human Rights Act. Although strong convention prevents this from occurring, the fact remains that the Human Rights Act can be amended by the government at any time by any way. The May government for example has this year vowed to repeal certain aspects of the Human Rights act which they believe will make it easier to deal with terrorist threats.
How does the Equality and Human Rights Commission assist in upholding human rights?
The Equality and Human Rights Commission is a statutory body created by the 2006 Equality Act which aims to educate and spread awareness about human rights but also has various legal powers which include the ability to fund and pursue court action in certain instances. For example, in 2017 the Equality and Human Rights Commission assisted Mr Smith in a case against his employer who was not giving him compensation when a heart attack led to his inability to continue to work.
