How are human rights protected in the UK and beyond?
The development and protection of human rights, including the Universal Declaration of Human Rights, the European Convention on Human Rights and the Human Rights Act 1998, and how rights are balanced and enforced.
A focused answer for AQA GCSE Citizenship Studies on the development and protection of human rights, including the Universal Declaration of Human Rights, the European Convention on Human Rights and the Human Rights Act 1998, and how rights are enforced and balanced.
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What this dot point is asking
AQA wants you to explain what human rights are, how they have developed, and how they are protected in the UK. You should know the main documents and laws and understand that rights are sometimes balanced against each other or against the needs of society. This Rights and responsibilities topic (Paper 2) is tested through "Explain" questions on how rights are protected in UK law and through extended "Evaluate" or "Discuss" questions on whether rights should ever be limited. The skill examiners reward most is the distinction between absolute and qualified rights, and the chain from the Universal Declaration to the European Convention to the Human Rights Act 1998.
What human rights are
Examples include the right to life, freedom from torture and slavery, the right to a fair trial, freedom of expression, freedom of religion and the right to a private and family life. Human rights are usually described as universal (they apply to everyone), inalienable (they cannot normally be removed) and based on human dignity. They protect individuals against unfair treatment by the state and by others, and they set a standard that governments and laws are expected to meet.
How human rights developed
The horrors of the Second World War created a determination to set out, internationally, the rights every person should have, so that such abuses could not happen again. The UDHR was the result: a landmark statement of principle rather than an enforceable treaty. To give effect to similar rights in Europe, the European Convention on Human Rights (ECHR), drawn up by the Council of Europe, sets out rights that member states agree to protect, enforced by the European Court of Human Rights in Strasbourg. It is important not to confuse the Council of Europe, which produced the Convention, with the European Union, which is a different organisation.
Protection in UK law
The Human Rights Act 1998 brings most of the rights in the European Convention into UK law. This means people can rely on those rights in UK courts rather than having to take a case all the way to Strasbourg, and public bodies, such as the police, councils, schools and the NHS, must act in line with them. UK courts must interpret other laws, as far as possible, in a way that is compatible with these rights. The Human Rights Act is therefore the central mechanism by which Convention rights are made real and enforceable for people living in the UK, and it is the single most examined fact in this topic.
Balancing rights
The distinction between absolute and qualified rights is the analytical heart of this topic. Absolute rights, such as the prohibition on torture, can never be set aside, whatever the circumstances. Qualified rights, such as freedom of expression and the right to a private life, can be lawfully limited where there is a good enough reason and the limit is proportionate. For example, freedom of expression does not protect incitement to violence or hate speech, and the right to privacy can give way where there is a genuine public interest in disclosure. Rights also frequently conflict with one another (one person's free expression against another's privacy), and the courts decide where the balance lies.
Exam-style practice questions
Practice questions written in the style of AQA exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
AQA 20174 marksExplain how human rights are protected in UK law.Show worked answer →
A Paper 2 "Explain" question (AO1 plus AO2). Identify the key law and develop how it works.
The Human Rights Act 1998 brings most of the rights in the European Convention on Human Rights into UK law.
This means people can rely on those rights in UK courts rather than having to take a case to the European Court of Human Rights in Strasbourg, and public bodies such as the police, councils and the NHS must act in line with them.
Markers reward naming the Human Rights Act 1998, linking it to the European Convention, and explaining that rights can be claimed in UK courts and bind public bodies.
AQA 20219 marksEvaluate the view that all human rights should be absolute and never limited.Show worked answer →
AO1, AO2 and AO3. Argue both sides and judge, using the distinction between absolute and qualified rights.
For some absolute rights: certain rights, such as freedom from torture, are and should be absolute, because no public interest could justify torturing a person.
Against making all rights absolute: many rights, such as freedom of expression and the right to a private life, are qualified, meaning they can be lawfully limited to protect the rights of others, public safety or national security; for example free speech does not protect incitement to violence, and privacy can give way to a genuine public interest.
Judgement: conclude that a few core rights must be absolute, but most rights are rightly qualified so that one person's rights do not unjustly harm another's. Markers reward the absolute or qualified distinction, examples, and a balanced conclusion.
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Sources & how we know this
- AQA GCSE Citizenship Studies (8100) specification — AQA (2016)