Civil Liberties, Rules & Theories

• What is the distinction between rights and liberties?

  Rights are moral claims; liberties are freedoms
• Who are the main theorists of human rights law mentioned?

  Locke, Rawls, Dworkin, and Bentham
• How are human rights theories incorporated into law?

  Through domestic and international legal frameworks
• What do human rights and civil liberties refer to?

  Fundamental rights owed by the state to citizens
• What are examples of civil and political rights?

  Rights in the European Convention on Human Rights
• What is the nature of civil liberties?

  They are mainly negative obligations on the state
• What are social and economic rights?

  Rights to basic needs like food and shelter
• What is the 'social contract' theory associated with Locke and Rawls?

  It suggests rights arise from mutual agreements
• What does Bentham's 'utilitarian theory' propose?

  Rights should maximize overall happiness
• What does Dworkin's theory emphasize?

  Equality and the moral basis of rights
• What five human rights or civil liberties are essential for a fair society?

  • Freedom of expression
  • Right to life
  • Right to education
  • Freedom from torture
  • Right to privacy
• What is the European Convention on Human Rights?

  A treaty to protect human rights in Europe
• What is the role of the European Court of Human Rights?

  To hear cases regarding human rights violations
• What impact did the Human Rights Act have?

  Incorporated ECHR rights into UK law
• What are the strengths and weaknesses of the Human Rights Act?

  It protects rights but may require reforms
• When was the European Court of Human Rights established?

  In 1951
• What is the significance of the ECHR Articles?

  They outline specific human rights protections
• What is Article 1 of the ECHR?

  Right to have rights respected
• What is Article 2 of the ECHR?

  Right to life
• What is Article 3 of the ECHR?

  Freedom from torture and inhuman treatment
• What is Article 4 of the ECHR?

  Freedom from slavery and forced labor
• What is Article 5 of the ECHR?

  Right to liberty and security of person
• What is Article 6 of the ECHR?

  Right to a fair trial
• What is Article 7 of the ECHR?

  Freedom from retrospective law
• What is Article 8 of the ECHR?

  Right to respect for private and family life
• What is Article 9 of the ECHR?

  Freedom of thought, conscience, and religion
• What is Article 10 of the ECHR?

  Freedom of expression
• What is Article 11 of the ECHR?

  Freedom of assembly and association
• What is Article 12 of the ECHR?

  Right to marry and start a family
• What is Article 13 of the ECHR?

  Right to an effective remedy
• What is Article 14 of the ECHR?

  Prohibition of discrimination
• What are the three categories of human rights in the ECHR?

  • Absolute: Cannot be suspended (e.g., Art 2, Art 6)
  • Limited: Can be lawfully restricted (e.g., Art 5)
  • Qualified: Restricted to protect others' rights (e.g., Art 8, Art 10, Art 11)
• Who can you enforce your rights against?

  Only against public bodies
• What is the process for suing for a breach of human rights?

  You seek compensation or other remedy
• What are some cases heard by the European Court of Human Rights?

  Malone v UK, Pretty v UK