Human Rights Revision
notes: Article
Summaries
, Theory of Human Rights - defintion
Key Term Definition
Human Rights • Human rights are Rights which apply to everyone. They make it
everybody is inalienable, indivisible and universal thus everybo
them
Natural Rights • Each citizen from birth to death has certain fundamental rights
be removed by their government. The theory follows John locks
• Natural rights come from the law of nature, natural order and s
• They form the basis of a peaceful and co-existing society, focus
rights of individuals
• This theory relies upon the citizens being independent from one
and having a government or state which respects such individu
• John locke claimed individuals are entitled to life, liberty and pr
Example:
• Can be seen in ww2 where the Germans removed Jewish people
which was the main reason of the implementation of the ECHR
anything like this happening again
Legal Rights • Rights come from the state and not society or the individual or
• These rights are formulated by the state in order to run and ma
in society
• This is a common theory in countries run by despotic regimes o
,Exam Question - Examine the theorie
Human Rights (10Marks) model answ
Human rights are Rights which apply to everyone. They make it so everybody is inalienable, indivisible and un
thus everybody has them A natural right is a right that comes from the law of nature, natural order and selec
which are formed on the basis of a peaceful and co-exisiting society, focusing on the rights of individual’s. This
seen by the theorist John Locke, who stated individuals are entitled to life, liberty and property. Over time the
of natural law has developed with the economy. This can be seen in WW2 where Jewish people’s rights were re
by the Germans. After WW2 finished it resulted in the production of the ECHR which was produced to prevent
like this from happening again. Societal rights are rights which depend upon the beliefs, views and autonomy o
society, as it may differ as beliefs and religions differ. As seen In the abortion act. This can link to the margin o
appreciation where the ECHR states it is down to that country to make rules with comply with the ECHR. This i
by the abortion act which is varys in each country as it is down to their countries. Beliefs and views. A clear ex
seen in northern Ireland where it is a very catholic country and holds strong catholic views so it has only been
(1990s) that abortion has finally been made legal as it held such strong religious views. This contrasts with the
because abortion has been legal in these countries for a long time period doesn’t hold strong religious beliefs.
Historical rights are rights which have their basis on religious belief, and socio-economic through trade and su
practice. An example can be seen in the English Civil War and closely followed by the Glorious Revolution. This
reaffirmation of the rights, liberties and customs that the English had enjoyed by ancient times but which had
gradually eroded or changed by successive monarchs. Natural, societal and historical rights are all similar sinc
are all based upon the society’s beliefs and nature over the years, which have then come together to from the
law in each society as a whole. Human rights are viewed as fundamental because they are the basic rights tha
the Foundation of rights owed to humans to protect them from injustice from the state. It may be difficult as th
so many different theories that may contrast each other. This then makes it hard to know the right theory to p
use.
, Key terms
Key Term Definition
Rights • Things to which everyone is entitled or allowed. They are guara
freedoms. They could include the right to life, to liberty and sec
person, privacy, freedom of expression and to the freedom of a
and association
Human Rights • Rights and freedoms that everyone in a country and the world a
to because they are human
Absolute right • A right which must be ensured in all circumstances by the state
to life, A3 right to not be tortured), state can not deviate from t
Limited right • Sets out a right and the limitations of a right e.g., A5 the right t
and security
• State can deviate in a prescribed way
Qualified right • The right can be limited because of public interest or to protect
where it is proper to restrict the right. e.g., A10 the right to free
expression
• Can be removed or restricted id necessary/ proportionate to ful
legitimate aim
Non-derogable right • This means the right is an absolute right, as it is important that
cannot be limited or suspended under any circumstances
Derogable right • This means the right isn't an absolute right, as it is important th
can be limited or suspended under any circumstances
, HRA 1998
Sections from the HRA Impact on the Uk Law
1998
Section 3 Requires the state to do all they can to act in accordance with the
Duty of the state to interpret legislation in a way so far as possible
compatible
Legislation that cannot be read or given effect in a way that is com
remains valid and courts are required to enforce it [s3(2)] so parl
retain their sovereignty
Section 4 The state have discretion to make a declaration of incompatibility
Section 6 The term public authority is fairly broad, covering organizations an
in the public sector, but it does not include government ministers
connected to parliament while exercising functions connected to
parliamentary business
Quote:
“ it is unlawful for a public authority to act in a way which is incom
with a convention right”
Section 7 Therefore, if an individual believes that a public authority id acting
of a convention right, they can bring proceedings against decision
“court
it is unlawful for a public authority to act in a way
which is incompatible with a convention right”
, Article 2 (Absolute right)
Article 2 – The right to life
A2(1): Life:
“everyone’s right to life Life = human life not the life of animals
shall be protected by
The beginning of life and the unborn child:
law. No one shall be
• The right to life is a question to be decided at the national level, therefore
deprived of his life
has a margin of appreciation when making legislation around the beginnin
intentionally to save in
the unborn child.
the execution of a
• Vo v France (states the beginning of life is as the country you are in)
sentence of a court
following his conviction of
a crime for which this Abortion and the right to life:
penalty is provided by • The unborn child is not directly protected by Article 2, but the mother's rig
law” interests are. Hospitals must adopt appropriate measures for the protectio
patients' lives and an effective system for the cause of death.
• Abortion is legal in England, Wales and Scotland for up to 24 weeks under
act of 1967
X v UK 1980 (Abortion was noted anywhere in this article, and most states
signatories to the ECHR had some form of abortion law)
The end of life:
• There are 3 areas not mentioned in A2: suicide-assisted suicide and eutha
usually fall within the margin of appreciation that a state has. But the Gra
considered the issues in Lambert v France,
Lambert v France (domestic authorities had to verify whether the decision
treatment was compatible with the domestic legislation and the convention
establish the patient’s wishes in accordance with the national law)
Suicide + assisted suicide:
• The suicide act of 1961 decriminalized so that is it is not an offence to tak
