Human rights and Civil Liberties Flashcards
(28 cards)
What are the three main areas to evaluate when discussing if rights are effectively protected in the UK?
Culture (rights-based culture), judges (power and independence), politicians (system conducive to rights protection)
What supports the idea that the UK has a strong rights-based culture?
Common law culture, Magna Carta limits government power, Bill of Rights 1689, Representation of the People Act 1948, EEC Communities Act 1973, Human Rights Act, Equalities Act
Why is the UK Constitution seen as a weakness for rights protection?
It is not entrenched, so Parliament can overturn rights with a simple act, giving governments strong power over rights
What evidence shows government threats to individual liberty in recent years?
2019 Conservative manifesto threatened to update the HRA
Internment (imprisonment without right to trial) for terrorist supects in 1970s
2023 Illegal Immigration Act, outlawing right to claim asylum, containing notwithstanding clauses which disapply the HRA
How have rights been limited during emergencies in the UK?
Coronavirus Act 2020 limited right to peaceably assemble, showing rights can be easily curtailed in emergencies
Give an example of government curtailing rights in the interest of national security.
Pressure on social media companies (e.g. WhatsApp) to give crime fighting agencies access to encrypted messages, affecting privacy rights
What issue does the Equality Act highlight about rights protection?
It struggles to balance collective and individual rights, e.g. Lee v Ashers Baking Company Ltd case showing conflict between freedom of religion/expression (Article 9 and 10) and anti-discrimination rights (Article 14, protected by Section 29 of the Equality Act)
What power do judges have to protect rights under the Human Rights Act?
Judges can issue declarations of incompatibility when laws breach the HRA, pressuring government to revise laws
Give an example of a recent declaration of incompatibility by the UK Supreme Court.
2024: Supreme Court ruled parts of the Trade Union and Labour Relations Act
in breach of freedom of assembly and association rights in Secretary of State for Trade and Business V Mercer; arguing that provisions in the Act allowed for penalties such as the supension of employees for participating in lawful industrial action.
How does judicial independence help protect rights?
Supreme Court is independent of executive and legislature, allowing it to rule on human rights without intervening political pressures
What international court can UK citizens appeal to if their rights are violated?
European Court of Human Rights in Strasbourg (non-EU body)
Give an example where the European Court blocked a UK government policy on rights grounds.
The 2022 ruling blocking deportation of illegal migrants to Rwanda; Supreme Court upheld this in 2023
What is a criticism of judicial protection of rights related to declarations of incompatibility (with an example)?
Declarations are only advisory; governments can delay implementation or completely ignore them
e.g.
- Government delaying implementation of Northern Island bereavement benefits when Supreme court ruled them as discriminatory against cohabiting couples in 2018 the remedial legislation was only passed in 2023
-In Feb 2015 (Following Hirst Vs UK 2005) the ECHR ruled again that the rights of prisoners were breached and the court has called for a change in law but two succesive governments have failed to implement this
Why can’t the UK Supreme Court strike down laws that curtail rights?
Because of parliamentary sovereignty, courts cannot overturn Acts of Parliament e.g Safety of Rwanda Act overruled
What recent controversy highlights alleged bias in the Supreme Court?
Recent judgement denying trans women access to only women spaces; critics argue the court did not fully hear evidence from trans groups and were persuaded by the action of Women’s Scotland (backed by J.K Rowling)
How does representative democracy support rights protection in the UK (examples)
Parliament passes rights-based laws:
the HRA
Freedom of Information Act (2000)
Scrapping of ID cards (2010)
Ditching of Rwanda bill by current Labour government
Current Labour government introducing Employment rights legislation which curtails of exploitive zero hour contracts and introduced maternity and paternity pay from day 1
devolved bodies protect specific rights
Give examples of rights protections by devolved governments.
16-17 year olds voting in Scottish and Welsh elections; Scotland’s Gender Recognition Act 2022 easing gender transition
What are examples of government actions undermining civil liberties?
-Blair’s control orders (Prevention of Terrorism Act 2005) legalized after court rejection
-Attempt to increase detention period for terroist suspects to 90 days and introduction of ID cards (2005)
-Investigatory Powers Act (Snoopers Charter)
-limiting strikes in Trade Union Act 2016 and then the Minimum Service Act (2023)
How have recent laws limited the right to protest in the UK?
Coronavirus Act 2020 - break up demonstrations which they did controversially in peaceful memorial to Sarah Everard a women who was raped and then killed by an off duty police officer
Taken even further and made permanent through:
Policing Act 2022 - ban noisy protests e.g arrest of Greta Thunberg at climate protest
Public Order Act 2023 - gives police power to identify certain individuals and prevent them from future demonstration
What limitations does Parliament have in protecting rights?
-Dominated by single party governments under FPTP allowing draconian laws to be passed
-House of Lords lacks power due to Parliament Acts and Salisbury Convention
Why do individual MPs struggle to extend rights?
Private Members’ Bills face huge obstacles and government opposition, e.g. Assisted Dying Bill failure
What role does the House of Lords play in rights protection?
Acts as a check on government, standing up for vulnerable groups but with limited power to enforce changes
How has the number of judicial review cases increased?
Has risen from 4240 to 15600 since 2000
How does the treatment of the Windrush generation relate to Human rights in the UK?
Windrush generation threatened with deportation including loss of access to free healthcare and jobs. Deputy Chair of equality and human rights commision calling it a ‘shameful stain on British history’.
