‹ All questionsPaper 1 · 2025 · 30 marks
Using the source, evaluate the view that rights in the UK are poorly protected.
Democracy & Participation / Human Rights
Source
In the following paragraphs Colm O'Cinneide, Professor of Constitutional and Human Rights Law at UCL, considers the current strengths and weaknesses of the protection of rights in the UK.
Strengths (O'Cinneide)
Current legislation provides strong legal protection for civil and political rights with the Human Rights Act, the European Convention on Human Rights and the Equality Act 2010. In addition, common law has long protected civil liberties such as the freedom of speech and jury trial. These are protected by the judiciary. There is an effective institutional framework protecting rights.
In UK civil society, there is a strong commitment to rights, values and activism. Human rights and civil liberties enjoy relatively strong political support from political parties and also from pressure groups, younger age groups and in the devolved regions. As such the public have the freedom to protest in order to protect and advance rights.
Weaknesses (O'Cinneide)
The existing framework of UK legal rights protection (based on the HRA and European Convention) is vulnerable to political attack, with Conservative calls for a 'British Bill of Rights' to replace them. Whatever our opinion of Brexit, leaving the EU has made weaker the protection for certain migrant and labour rights formerly provided by EU law. The EU's Fundamental Charter of Rights no longer applies.
UK governments have been repeatedly able to introduce legislation weakening rights, especially in areas of national security, immigration and criminal justice.
Legal rights protection in the UK is limited. Social and economic rights (for example, to receive appropriate healthcare) are the most poorly established and protected. There is confusion between collective and individual rights. For now, the place of legal rights protection within the UK's constitutional culture remains uncertain. The major source of the problem is that little political consensus exists on the nature and meaning of human rights and how they should be guaranteed.
Mark scheme: agreement
AO1: A significant section of the UK political landscape – such as the Conservative Party and Reform UK – want to rescind the HRA and leave the ECHR.
AO2: Human rights are particularly vulnerable from sections within the Conservative Party, and Reform UK, who wish to remove the UK from the ECHR and abolish the HRA. This gains sympathy from some in the UK who are anti-European and confuse the EU with the ECHR.
AO3: We can conclude that withdrawal from the ECHR would undermine a key aspect of UK rights protection.
AO1: Leaving the EU means that the Charter of Fundamental Rights no longer applies, further weakening the protection of rights.
AO2: With the Charter of Fundamental Rights no longer applying, courts are less likely to uphold rights. This can already be seen as UK courts, have started to shift in their willingness to challenge the government on human rights, and to take a narrower view of the judiciary’s role – seen in recent rulings on the Shamima Begum case, and arguably the recent ruling on the meaning of ‘sex’ under the Equality Act.
AO3: We can conclude that this trends is likely to intensify in the future now that the Charter no longer applies
AO1: Many UK governments have diluted or weakened human rights by introducing new legislation which acts to over-ride them.
AO2: Governments have weakened legislation which protects human rights and introduced new legislation which denies rights – such as the Public Order Acts which have limited the right to protest and the recent legislation which restricts the right of certain workers to strike.
AO3: We can conclude that this is a slow process of erosion that through stealth governments can take away aspects of our human rights.
AO1: Human rights in the UK remain narrowly defined and exclude key aspects of social and economic rights.
AO2: Human rights in the UK have key omissions, especially economic and social rights, such as the right to quality health treatment etc.
AO3: We can conclude that human rights still have a considerable way to travel before we establish a truly equal society.2025 Q1a Using the source, evaluate the view that rights in the UK are poorly protected.
Mark scheme: disagreement
AO1: A great deal of legislation is in place to protect human rights.
AO2: Over the years Parliament has introduced a range of legislation which defines and enhances human rights. An example is the Equality Act: which was wide ranging and much more inclusive of UK society.
AO3: There has been a growing development in how rights are protected, and the Equality Act was influential in the creation of same-sex marriage which followed. We can conclude that this a progressive and evolving approach to protecting human rights.
AO1: The courts also protect human rights via civil liberties which pre- date legislation.
AO2: In the UK we also have an active judiciary who can use a range of civil liberties that have been place for hundreds of years to secure human rights.
AO3: We can conclude that the protection of rights is long standing, and not limited to recent legislation.
AO1: Political parties are generally in favour of supporting human rights.
AO2: None of the established political parties in the UK are in favour of a major removal of human rights in the UK, and as such there is a cross party consensus on their importance.
AO3: The Conservative Party would argue that they only wish to replace the supremacy of the ECHR with our own Supreme Court. Thus, we can conclude that this is a matter not of the principle of human rights but of process and sovereignty.
AO1: Pressure groups actively campaign to protect human rights.
AO2: We have an open and tolerant society with a free media, and this allows both individual and group protest. Pressure groups such as Liberty, Amnesty and Human Rights Watch actively monitor human rights protection.
AO3: We can conclude that these well- known and respected groups will always champion human rights issues and secure their protection.
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