Basic freedoms and Human Rights

Basic freedoms and Human Rights

1. Freedoms

   • Things you are allowed to do
   • source of freedoms
     • statutes
       • Parliamentary laws
       • magna carta 1215
         • all people are equal under the law -  people cannot be imprisoned without evidence against them "habeus corpus"
       • Bill of rights 1689
         • Freedom of speech in parliament.  The monarch cannot interfere in the democratic process 
       • Human Rights Act 1998
         • incorporates the ECHR into UK law
     • common law
       • case law  made by judges
       • Entick v Carrington (1765)
         • Police cannot enter your property without proper permission or authority  
       • Bushells case (1670)
         • Right to a fair trial - judge cannot influence the decision of a jury
     • EU
       • ECHR
         • European convention on human rights
   • What are the freedoms?
     • freedom of expression
       • Freedom of speech Freedom of the press and media important because it allows people to know what he government is doing allows people to be educated
     • Freedom of the person
       • limits unlawful stop and search limits arrest protects from slavery limits time in detention before charge important to protect people from an oppressive police force. 
     • Freedom of association
       • Free to hold peaceful meetings and demonstrations Join trade unions allows people to form groups to fight oppression and exploitation enables people to protest about issues like war or environmental issues 
     • Freedom of thought and religion
       • protects right to hold a religion or other views - veganism, atheism, pacifism.   important to allow a diverse society Protects right to observe religious rules - holy days, religious clothing 
     • Freedom of information
       • allows people ACCESS to information held about them and about the actions of public bodies Limits the recording and interception of messages  important because people can know if someone holds records about them, challenge them if they are wrong   allows people some privacy   
   • Limits to our freedoms
     • Freedoms are not absolute.    They must be balanced betweent the needs of conflicting groups and people  
     • freedom of expression
       • Limited to protect national security
         • official secrets act  prevents officials revealing security information 
       • to protect health and morals
         • restrictions on 'adult material' on television.  banning of extreme material
       • prevent racial hatred
         • speech which will incite racial hatred can be unlawful
     • freedom of the person
       • to enable police to investigate crime
         • some stop and search and arrest is proportionate and necessary to protect society
       • to prevent harm to individuals
         • detention under the Mental Health Act for people's safety is sometimes necessary
     • freedom of associoation
       • limited to maintain order
         • large demonstrations and marches should be properly authorised and managed to protect the safety of all
       • to prevent terrorism
         • membership of a terrorist group can be illegal - Al Qaida.   protects society by interfering with the organisational ability of the groups 

2. Human Rights

   • things you are entitled to
   • Sources of Human Rights
     • United Nations
       • Universal Declaration 1948
         • After the 2nd world war many nations of the world developed a document of things Humans ought to be entitled to. Just a wish list - no legal backing  
         • no legal enforcement
     • EU
       • Convention on Human Rights
         • a comprehensive list of "articles" the rights we can expect 
         • Citizens of Europe can enforce these
           • European Court of Human Rights can uphold these if member-states infringe the rights of their citizens
           • European Court of Human Rights
     • Parliament
       • Human Rights Act 1998
         • Allows UK courts to uphold rights from the ECHR
         • all new laws must be compatible with ECHR
         • evaluation
           • positive
             • allows UK citizens to assert rights in national courts- faster than European Courts allows British judges to have a role in shaping views about human rights.   Guides parliament to check new laws to make sure they are compatible with human rights 
           • negative
             • criticised as some say it is abused by people claiming rights to avoid normal process.  It is thought it may cause more legal claims and expense for legal aid system undermines the idea of parliamentary supremacy - judges can question parliamentary law 
     • History
       • based on ideas of freedom from ancient Greece , Romans Magna Carta and the French revolutionaries. 
   • Key human rights
     • right to life
       • issues: abortion turning off life support - coma euthanasia - Tony Nicklinson case in supreme court recently death penalty
     • right to an education
       • how to deliver this right to pupils excluded from school
     • right to respect for private family life
       • issues to consider Surveillance, CCTV  Internet and mobile phone data being stored and used to monitor for terrorism and other crime (paedophiles) should foreign criminals who have a family in the UK be deported? balancing the punishment of individuals with the rights of the family   
     • right to religious freedom
       • should employers have to respect all requests for time off on faith days?  should Christians be able to express their faith with a cross or a chastity ring (when these things are otherwise forbidden by a uniform policy)?
     • liberty and security
       • balancing the police need to investigate crime (stop and search, arrest) with the rights of the individual.  are police actions proportionate? 
     • right to free expression
       • limited by Official secrets act.  should there be protection of 'whistle blowers' such as the Americans Edward Snowden and Bradley Manning who revealed US government secrets about surveillance and military wrong-doing.      
     • right to a fair trial
       • includes tight to be presumed innocent   consider secret trials - government proposes to hold some terrorism trials without a jury or public gallery.  longer period without charge in terrorism cases (14 days)   Should children be tried in adult courts? could they get a fair trial?  
     • freedom from torture and degrading treatment
       • consider: corporal punishment (smacking) of children. Deporting people to countries where they may face torture (Abu Hamza case)  With-holding basic  benefits from assylum seekers, who cannot legally work.  

3. Absolute Rights?

   • most rights are not ABSOLUTE.  they have to balanced with needs of society and the rights of others
   • right to freedom from torture
   • right to life
     • An absolute right - except... where you are killed to preserve the life of another  - it is necessary.  Self defence: also Jody and Mary - conjoined twins case