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This lesson examines the nature and protection of rights in the UK, including the European Convention on Human Rights (ECHR), the Human Rights Act 1998, and the ongoing debate about civil liberties.
Rights are entitlements that citizens hold, which the state is obliged to respect and protect. They may be legal rights (enforceable by law) or moral rights (based on ethical principles but not necessarily enforceable).
| Type | Definition | Example |
|---|---|---|
| Civil liberties | Freedoms from government interference | Freedom of speech, freedom of assembly |
| Political rights | Rights to participate in the political process | Right to vote, right to stand for office |
| Legal rights | Rights enforceable through the courts | Right to a fair trial, right to legal representation |
| Human rights | Universal rights held by all people | Right to life, freedom from torture |
| Social and economic rights | Rights to a minimum standard of living | Right to education, right to healthcare (contested in UK law) |
The European Convention on Human Rights was drafted in 1950 by the Council of Europe (not the EU) and signed by the UK in 1951. It was heavily influenced by British lawyers, including David Maxwell Fyfe.
| Article | Right |
|---|---|
| Article 2 | Right to life |
| Article 3 | Prohibition of torture and inhuman or degrading treatment |
| Article 5 | Right to liberty and security |
| Article 6 | Right to a fair trial |
| Article 8 | Right to respect for private and family life |
| Article 9 | Freedom of thought, conscience, and religion |
| Article 10 | Freedom of expression |
| Article 11 | Freedom of assembly and association |
| Article 14 | Prohibition of discrimination |
| Protocol 1, Article 3 | Right to free elections |
The European Court of Human Rights (ECtHR), based in Strasbourg, hears cases from individuals who believe their Convention rights have been violated by a signatory state.
The Human Rights Act 1998 (brought into force in 2000) incorporated the ECHR into UK domestic law. Before the HRA, UK citizens had to take their case to the Strasbourg court, which was slow and expensive.
Key effects of the HRA:
Key Case: Belmarsh Prisoners (A v Secretary of State for the Home Department, 2004): The House of Lords (now Supreme Court) ruled that the indefinite detention without trial of foreign terror suspects under the Anti-Terrorism, Crime and Security Act 2001 was incompatible with the ECHR. The government was forced to amend the law.
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