Rights Flashcards
(13 cards)
ECHR 1950
Set up in Strasbourg to hear cases where people felt their rights and been informed upon in their own countries. UK citiznes would appeal to the court but it was time consuming + expensive, leading to inequality in the protection for rights of citiznes.
Freedom of Information Act Act 2000
Made it easier for opposition MPs, journalists,
voters to ask for info about Gov. Members of public also gained right to access any info held about them by public bodies.
Equality act 2010
9 protected characterises + illegal for public bodies, employers
and others to discriminate against ppl on any of these grounds.
Age, disability, sex , religion, race, marriage and civil partnership,
pregnancy and maternity + more.
Who protects rights?
Civil liberties pressure groups e.g. liberty. The judiciary
Parliament/gov
HRA arguments for
Shows that the UK has a ‘rights-based culture’ as all new legislation
must be complaint with the act.
Parliament usually acts to address any issues raised by courts and has a Joint Committee on Human Rights to scrutinise bills + ensure compatible , shows ‘persuasive influence’ of HRA. The prevention of terrorise Act 2005 was amended by parliament as
HRA against
May be used to check other laws but it isn’t entrenched + can still be repealed by simple parliament act whilst also not being binding on parliament
Judicial review
Jude reviews lawfulness of decision/action made by public body. Hold them to account
If it’s in line with HRA
✅Vital to defend citizens rights , legality of gov actions to be scrutinised
❎ too much power in hands of unelected
adm unaccountable judges, who are able to ‘make law’.
How parliament + gov protects rights
Introduce legislation that protect rights of citizens
David Cameron’s gov legalised same sex marriage 2013, despite not mentioned in Conservatives Party’s 2010 manifesto.
HOL has been crucial in protection of rights.
However, recent gov + parliament can be seen
to conflict with Human Rughts , recent gobs have a strong stance on law and order, as well as anti-terrorism.
Parl + gov labour
Proposed employment rights bill
-few details in late 2024.
-improved pay for those on minimum wage to account for cost of living crisis, 16+ 17yo £7.55 from £6.40.
Clearly shows Labour seeks promote rights + interests of workers in UK.
E.g. ending exploitative zero-hour contracts.
Legislation passed by recent gov that threatens rights
Public order act 2023
Received royal assent May 2023 was passed
in response to UK gov concern over disruptive protests tactics by groups like Just Stop Oil.
The act introduce new offenders like “locking-on” + interfere with national infrastructure which are punishable by imprisonment or unlimited fines.
Designed to limit effectiveness of pressure groups that use destructive tactics to draw attention to causes.
October 30h 2023, Met Police intervened in JSO ‘slow March’ around parliament square arresting over 60 activists within minutes.
March 2025, PublicOrderAct prevent farmers protest against inheritance tax changes for bringing tractors to protest in Westminster + blocking roads.
limit right to protest in UK
Rwanda 2022 April
Uk Gov formed migration partnership with Rwanda, intending to relocate asylum seekers who arrived in UK illegally to Rwanda where asylum claims would be processed.
Supreme Court ruled this is illegal in nov 2023
Found the policy unlawful and argued policy was against HRA 1988 and 1951 Refugee Convention as Rwanda couldn’t be defined as a ‘safe country.’
Rather than changing the policy that was legal, UK Gov pushed thru parliament a law that made Rwanda policy consistent with domestic law; Safety of Rwanda Act April 2024. States Rwanda must be considered safe for asylum seekers + international law must
Criticise HRA for favouring undeserving individuals
Including illegal migrants and terror suspects.
Rather than protecting society as a whole + protecting legitimate freedoms of UK citizens.
E.g. Abu Qatada, a radical Muslim cleric who advocated using violence to promote Isla, and spent some time in British jails was wanted by security services to be deported to Jordan where he’s wanted for trial.
However, his legal advisers managed to delay this for 8 years as
HRA favouring….
Individual rights over collective rights.
Abu Qataris
