Rights in the UK

Question 1

What did the Magna Carta do?

Answer 1

It was signed in 1215 and it set in place a number of laws which required parliaments consent before levying any taxes, respecting a right to free trial from a jury made up of peers, free movement of people and the creation of common land.

Question 2

What did the Bill of Rights do?

Answer 2

It was signed in 1689 and it made it so that the monarch required the consent of the people represented in Parliament. It also set out the first free elections and the power of parliamentary privilege. Right not to pay taxes which parliament hasn’t levied and freedom from cruel and unusual punishment. It also created free speech.

Question 3

What did the European Convention on Human Rights do?

Answer 3

It was signed in 1950 and enacted in 1953 the ECHR bound the UK Government to European Laws and Conventions and established the European Court of Human rights which the Government is constantly clashing with.

Question 4

What did the UK join in 1973?

Answer 4

The 1973 European Communities act brought the UK into the EU and in turn granted UK citizens protection through the European Court of Justice however, this no longer applies as the UK has now left the EU.

Question 5

What did the Data Protection Act do?

Answer 5

It was passed in 1984 and ensured protection for UK citizens regarding personal data held by public institutions i then received further updates in 1988 and 1998.

Question 6

What did the 1998 Human Rights Act do?

Answer 6

Codified the ECHR into British Law and in turn replaced a huge amount of old common law and guaranteed UK citizens rights within the Judiciary.

Question 7

What did the 2000 Freedom of Information Act do?

Answer 7

It ensured the existence of political transparency by allowing UK citizens access to non-security related information held by public institutions.

Question 8

What did the 2010 Equality Act do?

Answer 8

It consolidated and codified all anti discriminatory measures into one document.

Question 9

How did the Human Rights Act defend rights in 2001? Anti Terrorism?

Answer 9

The Law Lords ruled that the 2001 Anti-terrorism, crime and security Act of 2001 was in breach of the Human Rights act on the basis that it discriminated against foreign nationals. In 2005 the Prevention of Terrorism act was introduced which control orders for high risk terror suspects regardless of nationality.

Question 10

How did the Human Rights Act defend rights in 2004?

Answer 10

A law that had been passed in order to prevent a gay partner from inheriting a council flat was struck down as discriminatory.

Question 11

How did the Human Rights Act defend rights in 2011? Local councils and care homes?

Answer 11

UK judiciary ruled that local councils could not force a vulnerable adult to live in a care home as it undermined the right to a family life.

Question 12

How did the Human Rights Act defend rights in 2012?

Answer 12

The Home secretary was repeatedly prevented from deporting Abu Qatada who was a Jordanian National who was accused of being linked to terrorist cells on the grounds that he may be tortured in Jordan. Eventually he was deported under assurances that Jordan would not torture him and he was found not guilty in 2014.

Question 13

What happened in the 2018 case of Commissioner of Police of the Metropolises v DSD and Anor?

Answer 13

The Police owed human rights damages to two victims of London Cab driver John Worboys s he subjected women to inhumane and degrading treatment prohibited by the ECHR. State can still be held to account even if crime committed by private individual.

Question 14

What happened in the 2018 case of Lee Asher’s baking?

Answer 14

The Court ruled in favour of supporting the bakery who refused to write support gay marriage. The Court held that whilst refusing to sell something to someone simply because they are gay would be illegal, no one should be compelled by law to go against their religion. Everyone if entitled to freedom of thought and speech even if it goes against others.

Question 15

What did the 2020 case of Article 39 v Secretary of State for Education?

Answer 15

Article 39 successfully repealed a law which was passed during the Pandemic which would have reduced the rights of children of adoption centres, Gavin Williamson acted unlawfully by failing to consult the Children’s Commissioner before making substantial and wide ranging changes.

Question 16

What do articles 1-14 of the Human Rights Act establish?

Answer 16

Article 1 - How the Act works.
Article 2 - Right to life.
Article 3 - No Torture, inhuman or degrading treatment.
Article 4 - No slavery or forced labor.
Article 5 - Right to liberty.
Article 6 - Right to a fair hearing.
Article 7 - No punishment without law.
Article 8 - Right to private and family life.
Article 9 - Freedom of religion.
Article 10 - Freedom of Expression.
Article 11 - Right to protest and freedom of association.
Article 12 - Right to marry.
Article 14 - No discrimination.

Article 1 of the first protocol - Protection of property.
Article 2 of the first protocol - Right to education.
Article 3 of the first protocol - Right to free elections.

Question 17

Give recent examples of the Government trying to repeal the Human Rights Act?

Answer 17

• They promised to do it in the buildup to the 2015 general election replacing it with a New Charter of British Rights however, it never materialised as they ended up focusing on Brexit.
• Dominic Raab attempted to replace it with a British Bill of Rights however, it never materialised showing that there is little demand for change to the Human Rights act.

Question 18

What did the 2010 Equality Act oblige businesses to do?

Answer 18

• The act made it so that businesses had to actively encourage equality.
• For example the public sector must identify what effect their policies would have on protected characteristics.
• Large businesses with staff over 250 must report on gender pay gaps within their organisation.

Question 19

How does Liberty want to change rights within the UK?

Answer 19

• It has existed since 1934 and although not affiliating with any party it’s former leader Shami Chakrabati joined Labour’s front bench in 2016.
• It uses the courts to challenge the government on a legal basis and includes many experts on human rights law.
• They are currently campaigning to protect protest rights after recent government policy has granted broader powers to crack down on protests for police.
• They also have a campaign against government crackdowns on youth violence instead suggesting that they should receive support to get them out of their situation.
• They successfully prevented the introduction of Compulsory ID cards.

Question 20

How does Amnesty International want to change rights in the UK?

Answer 20

• They are a large international pressure group fighting human rights violations across the globe.
• They are currently campaigning to raise awareness of the importance of the human rights act as they believe that people need to be educated on it.
• They also fervently oppose attempts to re-introduce the British Bills of rights to parliament and call on parliament to drop it.
• In the past they have encouraged more countries to drop the death penalty, the UN’s convention against torture and the release of many political prisoners.
• They often encourage government change by writing letters to political prisoners.