Rights Flashcards
(14 cards)
Three qualities of Human Rights
universal, fundamental (inalienable), absolute
Civil liberties
rights and freedoms recognised within a particular country and protect the individual from the state
ECHR
European Convention on Human Rights 1950
Human Rights Act
1998
R v Secretary of State for International Development
2018 supreme court ruled Civil Partnerships Act 2004 as incompatible with HRA because different opposite sex couples couldn’t enter into a civil partnership. Govt amended law 2019
benefits of HRA
brings public awareness of rights.
placed legal duty on all public organisations to respect and protect rights listed
Liberty
founded 1934, exposes HR abuses through investigations, influences debate through media, provides free legal advice to empower people to stand up for their rights
Liberty case
2020 helped a case to challenge South Wales Police’s use of live facial recognition in public.
Challenged law which lowered threshold on when protests can have conditions placed on them, won May 2024, won appeal May 2025
Equality Act
2010 brought 116 separate pieces of legislation on discrimination into one act
derogate
Parliament can derogate from articles of HRA (excluding 4) if needed in times of crisis.
Coronavirus Act 2020
Asher’s v Lee
2018 Supreme Court ruled a Belfast bakery didn’t have to make a cake saying ‘support gay rights’. Court ruled bakery didn’t refuse to make the cake because of Lee’s sexual orientation, so there was no discrimination. Freedom of expression includes right to not express an opinion.
Free Speech Union
campaigns for wider free speech which currently stopped by hate speech laws
Judicial review
protects HR
Rwanda policy ruled to violate HRA
Can be viewed as courts having too much power for an unelected body
Terrorism Act
Anti-Terrorism Crime and Security Act 2001 included power to detain foreign nationals who were suspected international terrorists
