UK Politics- Democracy & Participation: Rights

What are human rights?

The basic rights and freedoms that belong to each person (theoretically, human rights are universal, absolute and fundamental)

What does negative/residual rights mean?

Rights we only have because they have not been outlawed (e.g legal drug highs)

What does positive rights mean?

Rights given by a law or constitution (e.g in the US right to bear arms)

What are some UK rights?

Freedom of expression, freedom to join a trade union, fair & equal treatment by the law, political freedom, freedom of movement, right to respect for private and family life

Individual rights-

Rights that belong to an individual (e.g right to privacy)

Collective rights-

Rights that belong to a sector of society or society as a whole (e.g right to public order/safety)

What did the Equality Act 2010 do?

Made it illegal to discriminate on the basis of 9 protected characteristics (Gender, race, age, disability, sexuality, gender reassignment, maternity, religion, marital status)

Case Study: HM Treasury vs Ahmed

The conflict was between the collective right to public safety and the individual right to respect for private and family life. The gov froze the assets to three suspected terrorists without reasonable grounds and the SCOTUK ruled that they had acted 'ultra vires'. However, after this ruling, Brown passed the Terrorist Assets Freezing Act 2010 in 4 days to enable him this power anyway.

2006 Terrorism Act

Allowed terrorist suspects to be imprisoned for up to 28 days without guaranteed trial- Conflict between collective right to public safety and the individual right protected by habeas corpus: guarantee to a trial

Ways in which rights can be protected-

The judiciary (HRA 1998), parliament (2013 marriage act), common law (legal precedents), documents (magna carta, UK bill of rights), pressure groups

Main pieces of legislation which protect rights in the UK>

1998 HRA, 2010 Equality Act, 2001 Freedom of Information Act, 2013 Same-Sex Marriage Act

How did the pressure group Liberty scrutinise the government to protect rights?

Snoopers Charter Case and criticism of the proposal for a UK Bill of Rights because it would limit article 2 of the ECHR (right to life)

How did Liberty protect rights in Walker v Innospec (2017)?

the Supreme Court ruled that an employer's pension scheme rules that excluded a same-sex spouse from receiving a survivor's pension constituted direct discrimination based on sexual orientation. (equality act 2010)

liberty represented him and won the case

When was the Snoopers Charter case and what did it centre around?

2018 over the 2017 Investigatory Powers Act which infringed on right to privacy due to the use of phone data-- this case was won by Liberty

Where have pressure groups been unable to protect rights?

Prison Reform Trust have failed to secure the franchise for prisoners + infringements on workers rights have gone without TUC successful intervention (Conservative government)

When was the TUC unsuccessful in protecting rights?

The TUC have expresses opposition to the 2023 Strikes Act for infringing on the right to strike-- the act still passes-- the TUC even threatens to report the UK government to the UN

How did Sunak circumvent following a SCOTUK ruling?

Passing the 2024 Rwanda Safety Act to declare it a safe country-- allows deportation which the SCOTUK declared unconstitutional

How has SCOTUK protected workers rights?

In the 2024 Mercer case they issued a DOI against legislation sanctioning workers for striking

What was the governments reaction to Smith v Scott 2007?

They made a minor adjustment to prisoner suffrage but mainly did not follow the ruling- leaving prisoners disenfranchised

Why is the introduction of a UK Bill of Rights increasingly unrealistic?

The number one proponent of the idea (Raab) no longer in cabinet + there would be scrutiny from the public and groups like Liberty