Mrs Francis: Rights in Context Flashcards
(11 cards)
Human Rights
Fundamental Rights that apply to all people and that cannot be abridged or removed (in theory).
Civil Liberties
Rights and freedoms enjoyed by citizens that protect them from unfair and arbitrary treatment by the state and government. Guaranteed freedoms by the state and constitution. Eg Freedom of speech, freedom of assembly, freedom of the press, right to trial by jury, freedom of religious worship.
Civil Rights
Rights and freedoms protected by the government, meaning the state must take an active role in ensuring people are protected and allowed to carry out these rights freely and equally. Eg Right to life, freedom from discrimination, right to exercise your vote, right to equal treatment, right to an education.
Human Rights combine both and should be:
Absolute: cannot be compromised or diminished in any way.
Universal: Applied to everyone.
Fundamental: Essential part of life and cannot be removed.
Early Rights
1215 Magna Carta: First set of civil liberties introduced in the UK. First attempt to limit power of the monarch and ensure protections for the people against arbitrary rule. Incl: right to trial by jury, monarch only imposes taxes with the consent of the people.
1689 Bill of Rights: Parliament drafted a Bill of Rights, another set of civil liberties designed to protect the people of England from potential military dictatorship when they offered to take the throne to William of Orange. Ensured that the monarch could not take England into a foreign war without its agreement and that the people were free from cruel and unusual punishments.
Common Law Rights
Every citizen is assumed rights unless prohibited by law. Often referred to as residual or negative rights.
Rights sometimes were specifically stated as a result of a court case when rights were in dispute. The Judge would then decide the norm/traditional way of settling this dispute, and in doing so, he declared common law.
Common Law Rights
Every citizen is assumed rights unless prohibited by law. Often referred to as residual or negative rights.
Rights sometimes were specifically stated as a result of a court case when rights were in dispute. The Judge would then decide the norm/traditional way of settling this dispute, and in doing so, he declared common law.
Common Law Rights
Every citizen is assumed rights unless prohibited by law. Often referred to as residual or negative rights.
Rights sometimes were specifically stated as a result of a court case when rights were in dispute. The Judge would then decide the norm/traditional way of settling this dispute, and in doing so, he declared common law.
Human Rights Act 1998
HRA brought into effect the European Convention on Human Rights, which was established by the Council of Europe in 1950.
Previously, the UK relied on a series of negative rights (could do anything unless prohibited by law). The HRA replaced this with positive rights, had to be respected and protected by law. Gave courts important means of protecting citizens rights, and the ability to check the government. The HRA is binding on all public bodies other than Parliament, (still politically binding just not legally, so it is rarely ignored). Enforced by courts in the UK, laws passed at any level should conform to its requirements.
Freedom if Information Act 2000
Historically, citizens didn’t have the rights to see information held by public bodies. By the end of the twentieth century, it was clear that the UK was out of place with other modern democratic places. Labour government that came to power 1997 decided this needed to be fixed. Has since allowed social and political campaigners to access information previously not available. Improved health services and police services, civil service and educational establishments. Daily Telegraph was famously able to expose the MPs expenses scandal of 2009.
The Equality Act 2010
There had been previous acts establishing formal equality in the UK. The Race Relations Act 1965 outlawed discrimination of most kinds on the grounds of race or ethnicity. The 1970 Equal Pay Act required employers to offer equal pay to men and women for doing the same job.
