Evaluate The View That Rights Are Effectively Protected In The Uk Flashcards
(7 cards)
Intro
Rights, also known as civil liberties, are legally protected freedoms that are absolute, universal + fundamental. E.g. the right to vote, freedom of expression, right to life.
Pressure groups
A strong argument is they protect rights effectively
E- RMT Union from 2011-2012
They lobbied TFL, MOL, London Underground over concerns of high workload placed on London Underground staff in olympics.
May 2012, underground offered drivers a bonus of up-to £1000 and all other staff £850.
A- this shows they protected citizens employment rights under Health + Safety at work Act 1974 as they weren’t exploited and got paid for their hard work.
Pressure groups unable to protect rights
P- however, some pressure groups were unable to prevent citizens freedoms being restricted. E.g. Liberty unable to prevent passing of Public Order Act 2023 which introduced offences such as ‘locking-on’ and interfering with national infrastructure to stop disruptive protests in the UK. In March, prevent farmers protesting for inheritance tax changes when they brought tractors + blocked roads.
L- therefore, even tho there’s a strong counter of liberty not preventing Labour from limiting the right to protest. RMT Union had a much larger success of lobbying for workers right’s for employment and succeeding
Parliament + Gov effective at protecting rights. Agree
P-potential to protect right’s as responds to modern workplace issues e.g. flexible working therefore safeguarding workers interests.
E-Labour proposed employment rights bill in late 2024
Although hasn’t been passed (currently on 2nd reading in HOC), already improved pay for minimum wage for cost of living crisis.
For 17+18yo, £6.40 to £7.55.
Also ended exploitative zero hour contracts.
A- this clearly shows that labour seeks to promote rights and interest of workers in the UK.
Judiciary and human rights act DISGAREE
Ineffective at protecting rights.
P- the HRA favours individual over collective rights.
E- Abu Qatadas individual rights were taken over the fact he was a suspected Islamic terrorist and posed a threat to public safety. His legal advisors managed to protect his individual rights by delaying his deportation to Jordan for 8 years.
A- HRA focuses far too much on the rights of the individual.
Judiciary
P- Supreme Court ineffective as it ruled in Nov 2023that original Rwanda policy was unlawful + unsafe under the HRA and 1951 refugee convention, Gov responded by changing the law to Safety of Rwanda (passed in April 2024) instead of changing policy. Forced Rwanda to be treated as a safe country although Supreme Court ruled it wasn’t safeand ignored that it was labelled as unsafe .
L- shows the Supreme Court can only protect rights if the Law does.
E-
A
L
Judiciary and HRA agree
P- parliament usually addresses any issues raised by the courts and has a Joint Committee on HR to scrutinise bills and ensure they’re compatible , demonstrating the “persuasive influence” of the HRA.
HRA
P- In A v Secretary of State for the Home Department (2004), part of The Anti-terrorism, Crime and Security Act 2001 was declared incompatible with Articles 5 and 14 of the Human Rights Act.
It permitted detention of suspected international terrorists, discriminating by nationality or immigration status.
Parliament amended the law through the Prevention of Terrorism Act 2005.
Judicial review is vital to defend citizens rights, enabling Gov actions to be scrutinised.
at
Parliament and Gov ineffective at protecting rights