Lecture 13: Intro to HR Flashcards
What is the ECHR?
European Convention on HR
What is the ECtHR?
European Court of HR
What is the meaning of human rights?
Human rights can refer to values, principles, or legal rights that entail entitlements and freedoms.
The term is used in different ways depending on the context and usage
What is the debate around the universality of human rights?
People debate whether human rights are universal or mainly based on Western ideas, often discussing how well they fit with different cultures and where they came from
What is the Natural Rights tradition?
The Natural Rights tradition, linked to thinkers like Aquinas and Locke, sees rights as coming from human nature and often based on divine or natural law
What is the Positive Rights tradition?
The Positive Rights tradition, associated with philosophers like Hobbes and Hart, believe rights are granted by laws passed by the state.
What is individual liberty in the context of rights?
Individual liberty means freedom from others’ interference, supporting personal choice, but it must be balanced with the public good.
What are civil liberties?
Civil liberties are the fundamental freedoms that citizens have, which the government is responsible for protecting
What are negative rights?
Negative rights are freedoms from interference, and they need protection to be truly effective
What are positive rights?
Positive rights are rights to receive help or services, supported by law to ensure they can be used
What is the UK’s traditional approach to rights?
The UK traditionally assumes people have freedoms, but these can be limited by Parliament or laws passed by it.”.
How does common law protect rights in the UK?
Common law protects rights, such as in the case of Entick v Carrington (1765), which upheld the protection of private property from unlawful search, emphasizing the importance of judicial interpretation.
How do statutes affect rights in the UK?
Statutes, such as the Public Order Act 1986 and Sex Discrimination Act 1975, can expand or restrict freedom, reflecting the role of legislation in shaping and protecting rights.
How was the European Convention on Human Rights viewed before the Human Rights Act?
English courts used the ECHR to help interpret laws, but Scottish courts didn’t follow it until Parliament made it official
How were common law rights used to protect individual freedoms before the HRA?
Common law rights were used to interpret statutes and challenge decisions in judicial review cases, such as in R v Secretary of State for the Home Department, ex parte Simms (2000).
What are civil and political rights (1st generation rights)?
Civil and political rights, or 1st generation rights, include freedom, religion, and freedom of expression
What are economic, cultural, and social rights (2nd generation rights)?
Economic, cultural, and social rights, also known as 2nd generation rights, include the right to housing, education, and minimum living standards.
What are collective or group rights (3rd generation rights)?
Collective or group rights, or 3rd generation rights, include the right of groups to self-rule
What are some key international human rights treaties?
Some key international human rights treaties include:
Universal Declaration of Human Rights (1948)
European Convention on Human Rights
What are the possible state obligations in international human rights protection?
States may have obligations to:
Respect rights
Protect rights
Fulfill rights
