The rules and theory of human rights: the nature, origins and justifications of human rights, their classification (absolute, limited and qualified rights), and the protection of rights in the UK before the Human Rights Act.

What this dot point is asking

OCR Component 3 Section B requires you to understand the theory of human rights before the detail: what human rights are, where they come from, how they are justified, how they are classified (absolute, limited and qualified), and how rights were protected in the UK before the Human Rights Act 1998. The skill is to explain these and to evaluate the theory and classification for AO3.

The answer

The nature and origins of human rights

Justifications for human rights

Several theories justify protecting human rights:

• Natural rights. Rights are inherent in human nature and discoverable by reason (the natural law tradition; Locke's rights to life, liberty and property). They exist independently of the state.
• Human dignity and equal worth. Every person has equal moral worth and is entitled to be treated with dignity; rights give this practical protection.
• The social contract. Individuals submit to the state in return for protection; rights mark the limits of state power and protect the individual against abuse.
• The lesson of history. The atrocities of the twentieth century showed what happens when rights are unprotected, prompting the post-war human rights instruments.

The classification of rights

Convention rights differ in how far they may be restricted:

• Absolute rights cannot be restricted in any circumstances, even in an emergency. Article 3 (prohibition of torture and inhuman or degrading treatment) is absolute.
• Limited rights may be restricted only in the specific situations set out in the article itself. Article 5 (the right to liberty) permits lawful detention in defined cases (after conviction, on arrest, and so on).
• Qualified rights may be restricted where the restriction is prescribed by law, pursues a legitimate aim (such as public safety or the rights of others) and is necessary and proportionate in a democratic society. Articles 8 (private life), 9 (religion), 10 (expression) and 11 (assembly) are qualified.

Protection before the Human Rights Act

Examples in context

A strong answer fixes the classification first, because it determines whether and how the right can be restricted.

Try this

Q1. Explain the difference between absolute, limited and qualified rights, with an example of each. [shown at the 10-mark level for revision; some Section B questions are scenario or essay questions worth 20 marks]

• What the marker wants. Precise AO1: absolute rights cannot be restricted (Article 3); limited rights are restricted only in defined situations (Article 5); qualified rights are restricted if lawful, legitimate and proportionate (Articles 8 to 11).

Q2. Discuss the extent to which the protection of human rights in the UK was inadequate before the Human Rights Act 1998. [Section B extended-response evaluation, 20 marks]

• Cue. An AO3 evaluation: rights were residual, the ECHR was not domestic law, and enforcement meant a slow, costly trip to Strasbourg; weigh the common law's protections against these weaknesses and judge how inadequate the position was.