freedom to think and act without government interference
e.g free speech laws in the UK are fairly strict and incitement for radical and religious hatred
Human Rights Act 1998
-codified the ECHR into UK law - made it more accessible for UK citizens in court instead of having to go to the European Court in Strasbourg
-The Act cannot be stuck down by courts, only declared by a 'deceleration of incompatibility'
Human Rights Act FOR
-quicker access - no 7 year wait for Strasbourg
-Clear protection to marginalised groups
Human Rights Act Against
-it is not entrenched so it can be easily replaced
-It's open to abuse - rights of family life and freedom from torture can prevent the deportation of criminals
Positive case of the humans rights act
-police cannot keep DNA of innocent people
-gay people treated equally in inheritance cases
-gay people can serve in the armed forces
Negative case of the human rights act
-Abu Hamza preached hate speech and charged with 15 terror offences, he was allowed to stay in the UK as he was married to a UK citizen but eventually deported to the US where he was put on trial
European Convention of Human Rights 1953
An international convention of legal commitment to follow certain standards of conduct to protect individuals rights
3 types of ECHR
-Absolute rights - under no circumstance can they be restricted
-Limited rights - can be restricted under certain circumstances
-Qualified rights - can only be restricted in times of emergency or war
Other significant rights
bill of rights 1689
Magna Carta 1215
The Bill of Rights Bill would have lowered the level of protection given to human rights. It would have significantly weakened the ability to enforce these rights through the courts to hold the state accountable for human rights violations.
