Do You Actually Know Your Human Rights?

1. 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?

Yes under Article 10 Freedom of Expression

Yes under Article 4 forced labour

Yes under Articles 10 and 4

No

Article 4 is a qualified right, and the work relates to the effectiveness of her education, so is proportionate. This contrasts with a real case where a history graduate won her human rights claim after she was forced to work for poundland to continue receiving her unemployment benefits.

Explanation

Article 4 is a qualified right, and the work relates to the effectiveness of her education, so is proportionate. This contrasts with a real case where a history graduate won her human rights claim after she was forced to work for poundland to continue receiving her unemployment benefits.

2. 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?

It doesn't

It only applies to refugees

It applies to everyone in the UK regardless of their immigration status

It only applies to europeans

The Human Rights Act applies to everyone in the UK regardless of their immigration status. This means that refugees and asylum seekers are also protected by the Act and have the same rights as any other individual in the country. The Act ensures that all individuals have fundamental human rights, such as the right to life, freedom from torture, and the right to a fair trial. Therefore, the refugee's concern about not being protected by any laws is unfounded, as they are indeed covered by the Human Rights Act.

Explanation

The Human Rights Act applies to everyone in the UK regardless of their immigration status. This means that refugees and asylum seekers are also protected by the Act and have the same rights as any other individual in the country. The Act ensures that all individuals have fundamental human rights, such as the right to life, freedom from torture, and the right to a fair trial. Therefore, the refugee's concern about not being protected by any laws is unfounded, as they are indeed covered by the Human Rights Act.

3. 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?

Article 6 right to a fair trial

Article 7 no punishment without law

Article 7 right to a fair trial

None because the court is entitled to do this as he has already been convicted of one offence

This scenario could be a breach of Article 6 right to a fair trial. This article guarantees the right to a fair and public hearing by an independent and impartial tribunal. In this case, the court proceeding without the presence of the accused due to the prison service's failure to transport him could be seen as a violation of his right to be present and defend himself in court.

Explanation

This scenario could be a breach of Article 6 right to a fair trial. This article guarantees the right to a fair and public hearing by an independent and impartial tribunal. In this case, the court proceeding without the presence of the accused due to the prison service's failure to transport him could be seen as a violation of his right to be present and defend himself in court.

4. 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?

Article 10 freedom of expression

Article 11 freedom of assembly

Article 14 not to be discriminated against

None of the articles apply

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.

Explanation

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.

5. A person who alleges a breach of the human rights act can apply for further consideration by the European Court of Human Rights Strasbourg:

Once all avenues of appeal in the UK have been exhausted

Once the first court has rejected the claim

With permission from the County Court

With permission from the Magistrates Court

Once all avenues of appeal in the UK have been exhausted, a person who alleges a breach of the human rights act can apply for further consideration by the European Court of Human Rights in Strasbourg. This means that the individual must have gone through all possible appeals within the UK legal system and received unfavorable outcomes before seeking recourse at the European Court. Only when all domestic remedies have been exhausted can the person proceed to the European Court of Human Rights for further consideration of their claim.

Explanation

Once all avenues of appeal in the UK have been exhausted, a person who alleges a breach of the human rights act can apply for further consideration by the European Court of Human Rights in Strasbourg. This means that the individual must have gone through all possible appeals within the UK legal system and received unfavorable outcomes before seeking recourse at the European Court. Only when all domestic remedies have been exhausted can the person proceed to the European Court of Human Rights for further consideration of their claim.

6. 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

Article 3

Article 8

Article 3 and Article 8

None

The manager's decision to turn down the woman's application for a home could potentially breach Article 3 and Article 8 of human rights. Article 3 prohibits torture, inhuman or degrading treatment or punishment, and the woman's situation of experiencing domestic abuse could fall under this category. Article 8 protects the right to respect for private and family life, and the manager's decision could be seen as interfering with the woman's right to a safe and secure home, which is essential for her well-being and protection from domestic abuse.

Explanation

The manager's decision to turn down the woman's application for a home could potentially breach Article 3 and Article 8 of human rights. Article 3 prohibits torture, inhuman or degrading treatment or punishment, and the woman's situation of experiencing domestic abuse could fall under this category. Article 8 protects the right to respect for private and family life, and the manager's decision could be seen as interfering with the woman's right to a safe and secure home, which is essential for her well-being and protection from domestic abuse.

7. 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?

No this is a breach of Article 3, the right not to be subjected to degrading treatment

Yes

This would only be allowed if it was a private school, as public authorities must comply with Human Rights

Yes but only if his parents give written consent

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

Explanation

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

8. The Human Rights Act 1998 makes the Articles of European Convention on Human Rights enforceable in British Law. Which Article is absolute, which means that it can never be limited?

Article 3 prohibition against torture or inhuman or degrading treatment

Article 2 Right to Life

None they are all qualified rights

Article 4 slavery and forced labour

Article 3 of the European Convention on Human Rights prohibits torture, inhuman, or degrading treatment. This right is considered absolute, meaning it cannot be limited or restricted under any circumstances. This is because torture and inhuman or degrading treatment are universally recognized as fundamental violations of human dignity and are considered to be non-negotiable rights. The prohibition against torture is considered a non-derogable right, meaning it cannot be suspended even in times of emergency or national security threats. Therefore, Article 3 is the only one among the options that is an absolute right.

Explanation

Article 3 of the European Convention on Human Rights prohibits torture, inhuman, or degrading treatment. This right is considered absolute, meaning it cannot be limited or restricted under any circumstances. This is because torture and inhuman or degrading treatment are universally recognized as fundamental violations of human dignity and are considered to be non-negotiable rights. The prohibition against torture is considered a non-derogable right, meaning it cannot be suspended even in times of emergency or national security threats. Therefore, Article 3 is the only one among the options that is an absolute right.

9. The Human Rights Act regulates the relationship between individuals and public authorities. Which of the following would not be a public authority?

An electricity company

A bank or building society

A private company running prisons

A housing association

A bank or building society would not be considered a public authority because they are private entities that provide financial services to individuals. Although they may be regulated by government agencies and subject to certain laws, they do not have the same level of public authority as government bodies or organizations that perform public functions, such as electricity companies, private companies running prisons, or housing associations.

Explanation

A bank or building society would not be considered a public authority because they are private entities that provide financial services to individuals. Although they may be regulated by government agencies and subject to certain laws, they do not have the same level of public authority as government bodies or organizations that perform public functions, such as electricity companies, private companies running prisons, or housing associations.

10. The Human Rights Act 1998 is organised into sections. Which section if the Human Rights Act states that British judges should follow the rulings of the European Court of Human Rights?

Section 2

Section 3

Section 10

Section 14

Section 2 of the Human Rights Act 1998 states that British judges should take into account the rulings of the European Court of Human Rights. This means that when interpreting and applying the rights and freedoms protected by the Act, judges should consider the judgments and decisions of the European Court as persuasive authority. Section 2 helps to ensure consistency and alignment between the domestic legal system and the European Court's interpretation of human rights, promoting a harmonized approach to human rights protection in the UK.

Explanation

Section 2 of the Human Rights Act 1998 states that British judges should take into account the rulings of the European Court of Human Rights. This means that when interpreting and applying the rights and freedoms protected by the Act, judges should consider the judgments and decisions of the European Court as persuasive authority. Section 2 helps to ensure consistency and alignment between the domestic legal system and the European Court's interpretation of human rights, promoting a harmonized approach to human rights protection in the UK.