Rights in Context

• Magna Carta (1215)


  Placed restrictions of the monarchy to prevent abuse of power
• Bill of Rights (1689)


  Imposed more restrictions on the monarchy and introduced the rights such as free elections and parliamentary free speech
• European Convention on Human Rights (1953)


  All UK government actions had to abide by the ECHR, these rights included right to live, right to vote, right to fair trial
• European Court of Justice (1973)


  Protects rights on workers in the UK
• Human Rights Act (1998)


  Human rights became codified in UK law
• Freedom of Information Act (2000)


  Right to access information held by a public body as ling as it does not compromise national security
• Equality Act (2010)


  Brought all anti-discrimination legislation into one document
• Culture of Rights in UK


  • All laws passed must comply with HRA, judges can use this to declare laws unlawful (e.g. Rwanda bill)
• Case Studies

  • 2018: SC ruled that the 2004 Civil Partnerships Act was incompatible with the ECHR, it caused legislation to change allowing mixed civil partnerships
  • 2013: Poundland Case, Relly won her claim that is was unlawful to work for free to claim JSA
  • 2017: court ruled co-educational faith school in Birmingham had caused unlawful discrimination by separating boys and girls
• Threats to Civil Liberties

  • 2010: 1 camera for every 14 people - see Snowden Report
  • Stop and Search
• Human Rights Act taking precedent over law

  • Belmarsh Case (2004): prisoners released against government wishes as court ruled the way terrorist suspects were being held was discriminatory
  • In 2010, the SC declared being gay was grounds for claiming asylum
• Examples of breaches of HRA

  • Police and Crime Law (2021): freedom of expression and right to protest limited
  • Rwanda bill (and Bibby Stockholm Barge)
• How are rights protected by Gov

  • Creation of legislation
• How are human rights protected by pressure groups

  • Stand up for minorities
  • Force gov to uphold rights using judicial review
  • Help citizens understand rights
  • Force gov to act (e.g. Stonewall campaigned for repeal of section 28)