UKPOL 1.4 Rights in Context

When was the rule of law established in the UK

• 1215

• Magna Carter

When did working class men get the vote

• 1867

What is the trillenial act

• 1695

• required an election every 4 years

When was the voting age lowered to 18

• 1969

When was the HRA introduced in the UK

1998

When the equality act introduced

2010

Define civil liberties

the rights citizens have in a democracy

Give three examples of civil liberties

• the right to a fair trial

• Freedom of speech

• Freedom of movement

• Freedom of religion

• Freedom of association

• The right to vote

What did the equality act do

Made it illegal to discriminate against protected characteristics in the UK

Give examples of protected characteristics

• Sex and sexual orientation

• Race

• Belief

• Pregnancy and maternity

• Marriage or civil partnership

• Age

• Gender reassignment

• Religion

What are the current threats to civil liberties in the UK (5)

• surveillance

• stop and search

• lack of freedom of expression

• anti-terrorism law

• protest law

How is surveillance a threat to rights in the UK?

• UK has more surveillance cameras than any other countries in Europe

• In 2010, there was 1 CCTV camera per 14 people

How is stop and search threat to rights in the UK?

• Public Order Act 2023 increases the power police have to stop and search any one without proof/reason

How are protesting laws a threat to rights in the UK?

• Public Order Act 2023 creates new protest offences - anything that causes ‘serious disruption’ is arrestable

• Police Powers Act 2022 - suspicion-less stop and search

How is the governments anti-terrorism law a threat to rights in the UK?

• has led to excessive use of powers of search and interrogation on the grounds of national security - dangerous precedent

• Anti-Terrorism Crime and Security Act 2001

• Prevention of Terrorism Act 2005

• Nationalities and Borders Bill 2021

What is the Anti-Terrorism, Crime and Security Act (2001)

• bill that introduced detention without trial of foreign nationals

What is the Prevention of Terrorism Act (2005)

• Introduced control orders that restricted freedoms of suspects e.g. electric tags, curfews, unable to work, travel, house arrest

What is the Nationalities and Borders Bill (2021)

• Power to remove citizenship

• increased the power to deport UK citizens e.g. Shamima Begum, Rochdale Criminal Gang

Significance of the HRA being introduced into UK law

• Incorporated the ECHR into UK law

• Allows for citizens to challenge laws in the UK courts rather than having to go to the ECtHR

• declaration of incompatibility introduced, putting pressure on parliament to back down and change/remove proposed legislation

Criticisms of the HRA

• ‘criminals charter’

• ‘used to protect terrorists and criminals’

What is judicial review

review of ministers and officials decisions to ensure they are lawful

Named Persons Act (Scotland)

• Was a controversial plan to appoint a named person to safeguard every child in the country

• Would have seen a named person (teacher or health visitor) as clear point of contact for every child from birth-18

  • Could ring at any time and check in

• Claimed that it violated right to privacy and the right to family life

 

Keidan and Steinfeld vs Secretary of state

• Wanted to extend the right to civil partnership to heterosexual couples, freedom to choose between a religious or non-religious union

• Equalising marriage and civil patenership

• Freedom of religion (or lack thereof)

R vs Chief Constable of South Wales Police (2020)

• ruled facial recognition technology used during peaceful protest as an infringement of Privacy laws

name 3 case studies where judicial review has been successful:

• R vs Chief Constable of South Wales Police (2020)

• Exams Algorithm U-Turn (2020)

• NHS Covid Guidelines: Exemptions for wearing facemasks (2021)

Can UK Parliament ignore the HRA/ECHR?

• yes because of parliamentary sovereignty as established by Treaty of Westphalia 1648

• rights in the UK can be suspended under special circumstances e.g. crisis or emergency

  • Covid-19 Pandemic (freedom of movement, including peaceful protests temporarily suspended)

Why is parliaments ability to ignore HRA/ECHR worrying?

• sets a dangerous precedent

Why could Parliaments sovereignty be problematic in terms of right protection in the UK?

• impossible to create full equal and permanent rights in the UK as parliament can amend or remove whenever

Are our rights protected in the UK? FOR

• HRA

• Judicial review

• Civil rights

• Pressure groups

Are our rights protected in the UK? AGAINST

• no codified constitution

• Parliament is sovereign

• media’s indirect undermining of rights protection

The Poundland case 2013

• rights protection case

• Cait Reilly won her claim that it was unlawful to force her to work for free as a condition of claiming jobseekers allowance

• Court ruled government had acted unlawfully by not giving the unemployed enough information about penalties faced if refusing to work unpaid

Abu Qatada 2012

• rights protection case

• ECHR judgement prevented the deportation of radical Islamist cleric to Jordan, under the grounds of risk of torture

• Removed in 2013, where he was tried and acquitted

• Theresa May (then home secretary) said he would have been removed earlier if not for the 'goalposts' that the ECHR was establishing

The Belmarsh Ruling 2004

• rights protection case

• Law lords ruled 8-1 against the governments indefinite detention of terrorist suspects in Belmarsh prison

• Ruled that 'there was no state of public emergency threatening the life of the nation' which is the only way Britain can opt out of Article 5 of ECHR

Segregation in schools ruling 2017

• rights protection case

• Court ruled that a co-educational faith school in Birmingham had caused unlawful discrimination by separating boys and girls

• Ofsted argued they breached the Equality Act

  • By segregating pupils, teaching them in different classrooms, making them use separate play areas