rights in context

magna carta (1215)

• Restrictions were imposed on the monarchy to stop the monarch from abusing power

bill of rights (1689)

• The Bill of Rights introduced more limits on the power of the monarchy

• The Bill also introduced rights of parliament, such as free elections and parliamentary free speech

ECHR (1953)

• The ECHR came into force in 1953 and meant that all UK government actions needed to be in compliance with the ECHR

• Includes articles such as the right to life and the right to freedom from torture

data protection act (1984)

• The Data Protection Act protected the personal information that public organisations held

human rights activists (1998)

• The HRA meant that the ECHR became codified into British law

freedom of information act (FOIA) (2000)

• The FOIA allowed UK citizens to access some information held by UK public institutions (unless it is information relating to national security)

equality act (2010)

• The Act brought together all UK anti-discriminatory measures into a single document

• Protects workers and the general public from discrimination

• Introduced protected characteristics such as race, gender, marriage

examples of application of HRA

• Abu Qatada, a Jordinian national who was deemed to have connections to terrorist groups, was not able to be deported in 2012 because evidence used against him was gained through torture

• After the Hillsborough disaster, families of victims used the HRA to force an in-depth inquiry into the deaths

HRA - effective at protecting rights

• The HRA meant that rights became enshrined in a clear way in statute

• The HRA must be complied with by legislation

• The HRA has meant that citizens can ensure the protection of their rights through courts in the UK

HRA - ineffective at protecting rights

• As the HRA has not been entrenched, it can be replaced, and so it does not offer sufficient protection of rights and liberties

• The HRA is limited as it cannot overturn legislation which has been made in parliament

• Parliament can pass legislation that is incompatible with the HRA

• The rights of terror suspects were seat aside after the 9/11 terrorist attacks

national council for civil liberties (pressure group)

• Biggest pressure group protecting civil liberties

• Aim to make sure the freedom and rights of individuals and communities are protected

• Work by public campaigning, working with Parliament, giving out free advice and analysing policy

• Not affiliated with any political party, and doesn’t receive government funding

• Currently campaigns against indefinite detention and continues to challenge government surveillance powers e.g. Investigatory Powers Act 2016

unlock democracy (pressure group)

• Campaign for democratic reform and a participatory democracy

• Campaign for a codified constitution in the UK to protect the rights of citizens, empower local communities and institute proportional representation

• Not affiliated with any political party

uk’s right-based culture

• All laws passed must comply with the HRA, which has led to some arguing that the UK has a ‘rights-based culture’

• Judges can use the HRA to declare existing laws unfit, which promotes human rights in UK society and lawmaking

individual vs. collective rights

• The HRA protects individuals rather than the UK citizenship collectively

• Protecting individual rights is seen as a good thing because it enables a free and fair society, and protects individuals who may face oppression

• But, if individual rights are protected at the expense of collective rights, there can be restrictions on actions that can be taken to protect the public

examples of rights conflicts

• Some criminals in the UK have not been extradited because of the HRA

  • Some may consider this a threat to the collective rights of liberty and security

  • After 9/11, the government wished to detain terror suspects without trial, but this was ruled against by the Law Lords, because it was seen as discrimination