protection of rights in the UK Flashcards
(21 cards)
when was the HRA established
passed in 1998, came into force in 2000
what is the connection between ECHR and HRA
the HRA is based off of the EHCR, enshrining the convention into UK domestic Law.
This enables UK citizens to defend thier rights in UK courts rather than in Strasbourg
what was the status of rights pre-2000
UK citizens had to travel to Strasbourg to defend HR in the ECtHR
example of someone, pre-2000, having to claim their rights at Strasbourg
Jeremy Dudgeon : a gay man from Belfast, challenged laws in Northern Ireland that criminalised homosexual acts between consenting adults in private.
- The court ruled in Dudgeon’s favour.
- criminalisation of homosexual acts in Northern Ireland was a violation of his human rights under Article 8.
- The UK government was forced to change the law in Northern Ireland.
- The case set a precedent for future human rights claims — and contributed to the argument for bringing rights home through the Human Rights Act 1998.
which collective group do Stonewall support
LGBTQ+
via strategic lobbying
which collective group do Liberty support
protesters, refugees, and minority communities with a focus on civil liberties and human rights
e.g. Challenged the Police, Crime, Sentencing and Courts Act for its impact on freedom of assembly (Article 11, ECHR)
achievements of ‘Howard Leauge for Penal Reform’
In response to the 2013, (Ministry of Justice) crackdown on prisoners’ “perks and privileges”: which introduced a blanket ban on loved ones sending in books and other essentials, such as underwear, to prisoners.
In 2014 they campaigned for books for prisoners, By the end of 2014 the High Court had ruled the restrictions unlawful.
Act which limits the right to Protest + increases police powers
Police crimes Sentencing courts act 2022
Criminalizes – 1 person protest, Noisy protests, Protests infront of parliament .
grants police broad powers to stop and search individuals without suspicion
Act which takes away Trade union powers
Trade Union Act 2016
- undermines the right to strike, a fundamental part of collective labour rights protected under international law
- adds bureaucratic hurdles and potential police scrutiny, discouraging spontaneous or flexible protest action e.g must give 14 days notice, must register to join Picket line
Act which limits the availability of Judicial Review
Criminal Justice and Courts Act 2015
- limits the ability for pressure groups to support vulnerable groups
- Courts were given power to make “interveners” (e.g. charities, NGOs submitting expert evidence) pay costs if they intervene..
Groups like Liberty, Amnesty, or Howard League often intervene in key human rights cases to support vulnerable groups.
what was the Belmarsh case?
2004
- After 9/11, the UK passed the Anti-terrorism, Crime and Security Act 2001
- This law allowed foreign terror suspects to be detained indefinitely without charge or trial, if they couldn’t be deported (e.g. due to risk of torture abroad)
- Several men were held under this law in BELMARSH Prison
significance of Belmarsh case
the highest court of the land (house of lords at the time) ruled that the detention of men, under the 2001 anti-terrorism law, was INCOMPATIBLE with Article 5 + 14 of EHCR
- The government initially resisted but eventually repealed the detention powers in 2005, replacing them with Control Orders under the Prevention of Terrorism Act 2005
- Set a key constitutional precedent: courts can hold the government to account, even during times of crisis
when was the supreme court established
2009
success of Stonewall
influenced inclusion of sexual orientation and gender identity in the Equality Act 2010!!
2022 boycotted Conservative global conference
insider v outsider Stonewall
outsider - est. Thatcher’s opposition to ‘promotion of homosexuality’
insider - under Blair; influence on Sexual offences Act 2000, lowering age of consent to 16
Care4Calis success
(outsider) - aid for refugees
14 June 2022 - emptied first flight to Rwanda 1 by one via human rights law
impact of Liberty on the Investigatory Powers Act (2016)
2018 High Court ruled that the act vioed EU laws, so gov amended the Act to be more compliant
where is KILL THE BILL assosiated
PCSC 2022
Blair’s confliction between collective v individual rights
terrorism acts limited individual liberties for the wider community
how did COVID impact rights
freedom of movement?
showed the ability of the government to limit rights
right to family life for homosexuals
same-sex marriage 2013 Cameron
sam-sex marriage in NI, 2020 under direct rule
