Human Rights Flashcards
What marked the emergence of international human rights?
Emerged post-World War II with the founding of the United Nations in 1945 and includes treaties like the Universal Declaration of Human Rights (1948).
What are the three generations of human rights?
(a) Civil and political rights, (b) Social, economic, and cultural rights, (c) Minority and group rights.
Which case addressed the admissibility of evidence obtained through torture in the context of international human rights?
A (FC) and others (FC) v. Secretary of State for the Home Department [2005] UKHL 71.
How are civil rights recognised in domestic human rights?
Recognised in national constitutions and historic bills of rights, influenced by the concept of ‘natural rights.’
Which 19th-century utilitarians were skeptical of inherent rights?
(How can their approach be criticised in practice?)
Jeremy Bentham and JS Mill, who emphasised legislation over inherent rights.
(C; these ideas lead to oppression in India- recognising the beliefs/practices of others as immoral or injust by law despite arguable inherent rights for right to beliefs = led to the deaths/persecution of thousands and nationwide uprising)
What renewed interest in enforceable inherent rights post-1945?
Post-1945 human rights ideas contributed to liberal democracy and judicial protection of rights.
What is a landmark case in civil rights jurisprudence?
Brown v Board of Education of Topeka, 347 US 483 (1954), marked a significant milestone in civil rights jurisprudence.
How did traditional UK approach view civil liberties before the HRA 1998?
Civil liberties were seen as ‘residual,’ with Parliament having absolute legislative power, and fundamental rights were protected by common law and the principle of legality.
How did the European Convention on Human Rights (ECHR) influence UK law?
The ECHR was influential in the UK, leading to the incorporation of its rights into UK law through the Human Rights Act 1998, enhancing the protection of human rights domestically.
What is the significance of the Human Rights Act 1998 in the UK legal system?
The HRA maintains parliamentary sovereignty while enabling courts to issue declarations of incompatibility for legislation that violates ECHR rights, incorporating ECHR rights into UK law.
What are key provisions of the Human Rights Act 1998?
Key provisions include sections 2(1), 3, 4, and 6(1), which incorporate ECHR rights into UK law without granting courts the power to strike down legislation.
What is the role of the Joint Committee on Human Rights (JCHR)?
The JCHR scrutinises government Bills for compatibility with human rights, assisting in promoting human rights in the UK through legislative scrutiny and inquiries.
Can you name some institutions promoting human rights in the UK?
Institutions include The British Institute of Human Rights, Human Rights Watch, Amnesty International, Article 19, and the Oxford Human Rights Hub.
