Creating a fairer Britain
Human rights in Wales date back to:
The Human Rights Act regulates the relationship between individuals and public authorities. Which of the following would not be a public authority?
In the United Kingdom, who is protected by the Human Rights Act?
Jean Parry’s son, John is already in prison for committing armed robbery. He’s currently awaiting trial for another offence. On the latest trial date the prison service failed to transport her son to the court because of staff shortages and that the court continued with his trial, made decisions and heard evidence in his absence. Which Article could this be a breach of?
Rhys Jones works in the local council’s housing department. He has received an application for a home from a woman who is experiencing domestic abuse. Rhys’s manager has turned down her application, but Rhys is worried that the woman’s human rights might be breached. What Articles might have been breached by the manager’s decision?
Jean Parry’s son has argued that his human rights have been breached. He is due to appear at the local magistrates court. Which courts are covered by the Human Rights Act?
A person who alleges a breach of the human rights act can apply for further consideration by the European Court of Human Rights Strasbourg:
Ritchie Jackson is policing a temporary road closure whilst a protest march goes past an art gallery in the town centre. Ritchie sees a protestor throw a brick through the art gallery’s window, breaking it. The protestor is grabbed by Ritchie and is sober, compliant and cooperative. Ritchie arrests him saying ‘you’re nicked sunshine’. A police van happens to be passing and Ritchie, still holding the protestor – firmly places him in the back of the van without saying anymore and asks the van driver to go to the nearest police station. This might be a breach of which Article?
Gita Roy has been attending university as a mature student where she is hoping to become a solicitor. As part of her course, she has been told that she must undertake some voluntary work in order to pass. Is this a breach of her human rights?
Donna Jones’ daughter is pregnant and wants to have a termination. Donna is worried that the hospital will be in breach of Article 2, the right to life if she goes ahead with it. How does Article 2 relate to terminations?
Paul Chen’s bully, David Smith, has been asked to formally apologise to him and several other pupils during the school assembly. David thinks this will be humiliating and in breach of Article 3 – the right not to be subjected to treatment or punishment that is degrading. Can the school ask him to do this?
Paul Chen’s younger sister, Sarah came home from primary school in a very distressed state. She had forgotten her PE kit and the teacher had made her take part in the school assembly in her underwear as punishment. Paul thinks this will be in breach of Article 3 – the right not to be subjected to treatment or punishment that is degrading. Is he right?
In her spare time, Eileen Cooper volunteers at the local community centre. At the moment, she is working with a group of refugees from the Democratic Republic of Congo. One of the refugees told Eileen that she felt very vulnerable, as she was reliant on the goodwill of British people, rather than any laws as the Human Rights Act doesn’t apply to refugees or asylum seekers. How does the Human Rights Act apply to refugees or asylum seekers?
Helen Pritchard is reading a newspaper report about a suspected car thief who was bombarding police with bricks and tiles during a rooftop siege. Apparently he was given a ‘KFC’ takeaway meal to ensure his ‘wellbeing and human rights’. Which articles protect the suspected thief’s rights to a takeaway meal?
In the care home where Donna Jones works, a new resident has arrived but is very distressed that his wife of 65 years wasn’t given a place on grounds that she did not fit the criteria of the home. Donna is worried that the council may be in breach of Article 8, the right to a private and family life. Is she right?
Question 1 answer
945 when The Laws of Hywel Dda were published. The latter part of his name ('Dda' or 'Good') refers to the fact that his laws were just and good, championing compassion rather than punishment, plenty of common sense and a sense of respect towards women. The other dates also signify important milestones in the development of human rights.
Question 2 answer
A bank or building society as they are private organisations. Private companies that are doing government work, such as organisations that run private prisons, will also be public authorities within the Act in respect of that work. There are some types of bodies that have mixed functions. For example, some housing associations, and the privatised utilities such as water, gas and electricity companies have functions (relating to regulatory or safety) that will probably count as public under the Human Rights Act.
Question 3 answer
Everyone, regardless of status; the Human Rights Act applies to everyone regardless of their race, religion, gender, age, political views or any other status.
Question 4 answer
Article 6; the right to a fair and public hearing within a reasonable period of time.
Question 5 answer
Article 3 and Article 8; even if the abuse is not being committed by the Local Authority, once they are aware of the potential breach, they must act to protect the individual.
Question 6 answer
All courts and tribunals are covered by the Human Rights Act.
Question 7 answer
Once all avenues of appeal in the UK have been exhausted.
Question 8 answer
Article 5, the right to be told in non-technical terms and in a language you understand why you are being arrested.
Question 9 answer
No. This is unlikely to be a breach of her rights under Article 4 because it is considered proportionate to require her to perform this unpaid work. Her Article 8, and Article 10 rights have not been affected.
Question 10 answer
Article 2 does not cover life until a ‘person’ is born.
Question 11 answer
Yes. This is unlikely to be a breach of his rights under Article 3 as it is a necessary and a proportionate punishment. Whether or not treatment is “degrading” depends on whether a reasonable person of the same age, sex and health as you would have felt degraded.
Question 12 answer
Yes. This is likely to be a breach of her rights under Article 3. Whether or not treatment is “degrading” depends on whether a reasonable person of the same age, sex and health as you would have felt degraded.
Question 13 answer
The Human Rights Act applies to everyone in the UK regardless of their status.
Question 14 answer
None of the Articles. In a real-life case the police used a takeaway meal as part of their negotiation strategy. Sometimes reporting about human rights is not always factually correct, this might be because of inaccurate reporting, or because public authorities have given out the wrong information themselves.
Question 15 answer
Yes, and it is a qualified right. The right to respect for private and family life (Article 8) is not an absolute human right. Instead it is a qualified right, meaning that you have to weigh up your rights with those of other individuals and/or the wider community. This means that financial difficulties are a relevant consideration.