Rights in context.

What are Human Rights?

They are universal, absolute and fundamental. It is not always possible to enforce human rights- they are known as soft law.

What are civic responsibilities?

Rights that an individual has within a nation state and so are legally enforceable - they are known as hard laws

What are negative rights?

Not explicitly set out and only exist due to an absence of any law banning them.

Give some examples of negative law

• Cannot imprison without trial,

• cannot govern without consent

• , cannot govern outside rule of law,

• cannot enslave people,

• cannot deny someone the vote.

What did the Magna Carta do?

Ensured that law should be impartial and no one should be convicted of a crime unless proven fairly

What did the bill of rights do (1689)

Government by consent of parliament and the creation of a constitutional monarchy

What did Entick vs Carrington 1765 do?

Government has to act within the rule of law.

What did Somerset v Stewart 1772 do?

Slavery within the Uk was illegal and unsupported through common law

What did the Representation of the people act 1928 do?

Principle of universal suffrage.

What is an example of positive rights?

Freedom of Information act- the British council spent £50,000 on developing its own font.

What does the Equality Act of 2010 do?

Makes discrimination illegal and reinforces formal equality- equal status within the law.

Give the arguments that our rights are well protected in the UK

The HRA is still active and part of UK Law- all law has to apply

No legislation has been reversed

Independent judiciary

Proud tradition of sticking up for human rights

Give the argument that our rights are vulnerable

Attitudes towards immigration have become more hostile

Conservatives want to remove the HRA and replace it with a British Bill of rights

Policies towards asylum are limiting people choice

Legislation curbing the right to protest

Voter id

Anti-terror legislation

No laws are entrenched

What are citizens responsibilities

they are not codified but they do exist, examples include: -

• obeying the law,

• paying taxes,

• to undertake jury service.

What are the strengths of Parliament protecting rights

Democratically elected,

accountable,

history of being the institution to protect and promote rights,

more representative of the people.

What are the weaknesses of Parliament protecting rights?

MPs may be reluctant if it makes them unpopular,

short term political considerations may be more important than defending human rights,

has the ability to suspend HRA to achieve its goals

Strengths of judicial system protecting human rights?

Judiciary is independent and can defend without political pressure,

exercise the rule of law

and can ensure rights in the Uk are fully respected,

judges are neutral

Weaknesses of judicial system protecting human rights

Judges can only apply law as it stands,

undemocratic and unaccountable,

senior judges work with parliament to advise on the legality of legislation- not so independent,

unrepresentative coming from a marrow social and gender background.

Collective rights

Right to protest and right to join trade union - protected by legislation

How are collective rights being hindered?

Serious Disruption Orders- public order act can hinder the right to protest, policemen have the authority to intervene before causing serious disruption.