politics - democracy and participation

essay plan flash cards

Evaluate the view that rights are effectively protected in the UK

• rights are legally protected freedoms that are absolute, universal and fundamental

• they induce the right to vote, freedom of expression and freedom of movement and many others

three themes?

• civil liberties pressure groups

• the government/parliament

• the judiciary and Human Rights Act

For: Civil Liberties Pressure Groups

• can be seen as very effective in the protecting of rights in the UK

• through campaigning for the protection of rights and ensuring rights remain high profile in the political system

• insider pressure groups can play an important role in the development and passage of legislation that furthers the protection

• outsider pressure groups can also be important in defending rights of citizens in the UK by initiating legal challenges against gov policies and legislation

example of insider pressure groups (hint - gay)

LGBT+ rights pressure group Stonewall

examples of what they used their insider contact for (in favour of New Labour gov)

• equalising age of consent for gay and straight individuals to 16 - Sexual offences Act 2000

example of outsider pressure group (refugees)

• Care4Calais

• campaigns for the right of refugees in the UK

• fighting legal challenges on behalf of migrants in the UK threatened with deportation to Rwanda following a deal

what do they and others argue about this situation

• unsafe to send people to Rwanda

• it violates the HUMAN RIGHTS ACT

• due to discriminatory access to asylum for different groups in Rwanda (esp LGBTQ+)

what notable success did it have in 2022

• first planned deportation flight to Rwanda was emptied one by one due to successful human rights legal challenges in the European Court of Human Rights

Against: Pressure groups are not effective at protecting rights

• civil liberties pressure groups can be seen as having limited effectiveness

• because it is the gov that ultimately makes the final decision on legislation that effects rights

• campaigns about unpopular causes often have limited success

where can this be seen?

• policing, crime, sentencing and courts Act 2022 being passed by the gov

• despite significant protests under the slogan hashtag KillTheBill and major criticisms from human rights groups including Liberty

another example - Trans-Actual (2023-25)

limited influence over gender recognition reforms

campaigned for:

• simplified legal gender recognition

• stronger anti-discrimination protections

what did the gov to do prevent these reforms

• gov stalled reforms

• rejected self ID proposals

• shows pressure groups representing minority rights face political resistance

For: the gov/parliament can pass legislation to protect rights and parliament can hold gov to account

due to:

• the power Parliament has to pass legislation that protects right

• the dominant position the gov often holds within parliament

the government can be seen as important in protecting rights through the ability it has to pass this legislation

examples (Brown 2010, the coalition 2013)

• Browns gov introduced the 2010 Equality Act

• Clegg and Camerons Coalition gov legalised same sex marriage in 2013 - despite it not being mentioned in the Tori’s manifesto

Online safety Act 2023

protects:

• children’s rights online

• protection from harmful content]stronger regulation of tech companies

shows parliament using legislation to defend vulnerable groups strengthen digital rights

domestic abuse act (2021) still being expanded

protects:

• victims rights

• right to safety

• right to justice

expanded support service + strengthened police duties now

When can it be shown that gov measures that could threaten individual rights re justified as protecting collective rights?

• removal of freedom of movement during COVID-19 lockdowns

• necessary to prevent the spread of virus

examples of parliament preventing the Gove from enriching human rights by voting down bills (Rwanda and Blair- terrorist)

• 2024 Rwanda bill defeated in House of Lords - amended its safety - shows parliament acting as a rights protecting check on the executive

• 2005 HOC and HOL voted down Blairs proposal to allow the police to hold terrorist suspects for 90 days without charge - eventually passed at 28 days with compromise

Against - Gov/parliament can pass laws which threaten rights, including to protect collective over individual

• gov can be argued to play a key role in threatening rights in the UK

• can be seen in old recent tori Govs which have passed a number of acts that threaten individual rights in the UK, despite fierce opposition

for example (Act to do with policing)

• the policing, crime, sentencing and courts act gives greater powers to the police and criminal justice system to impose restrictions on ‘unacceptable protests’ and other things.

• allowed hoe secretary to define certain protests as ‘unacceptable’

the public act of 2023?

• introduced new offences on the right to protest

• like “locking on” - attaching oneself to things or people

• interfering with national infrastructure

• punishable by imprisonment or unlimited fines

October 2023 Met police stopped what

• just stop oil allow march around parliament

• arrested over 60 within minutes of the new public order act

what did they want to replace the human rights act with

• British bill of rights

• in order to make it easier to deport foreigners criminals by elevating public safety over the right to family life - criticised by many human rights groups for seeking to remove rights

individual rights have also not been effectively protected by the gov - example?

• new labour gov response to the high profile terrorist attacks of the 2000s

• argued they had the right to detain terror suspects without trial on the grounds that a national emergency existed

• ruled as discriminatory by the Law Lords in December 2004 and ended

For - The judiciary and Human Rights Act protect rights effectively

• act was passed by New Labour gov in 1998

• meant that the European Convention on Human Rights is now part of UK law

• individuals ca take their cases to domestic courts for British protection rather than having to go to Strasbourg

how can HRA seen to be effective?

• all new legislation musts be compliant with HRA

• judges can declare earlier acts of parliament incompatible with it

• public authorities in the UK are under an obligation to abide by it

• the judiciary can therefore stop gov actions that go against HRA by declaring them illegal

examples - (anti terrorism) - A v Secretary of State

• in A v Secretary state for the home department

• part of the anti terrorism crime and security act 2001 was declared incompatible with articles 5 and 14 of the HRA

• it permitted the detention of suspected international terrorists in a way that discriminated on the grounds of nationality or immigration status

what was it amended to by Parliament

the prevention of terrorism act 2005

what does the HRA do for citizens

• educates them on their rights

• makes them more high profile in the political system, especially in comparison to previously when rights were protected as ‘negative rights’