38: Introduction to Human Rights Law (Monologue)

Summary

In episode 38 of the *Study Legal English* podcast, host Louise introduces human rights law, focusing on the European Convention on Human Rights (ECHR). The episode covers the historical context, the rights it protects, and its application in the UK through the Human Rights Act 1998. It discusses the categories of rights (absolute, limited, and qualified), the role of UK courts in enforcing Convention rights, and the potential impact of Brexit. The episode also addresses the debate over replacing the Human Rights Act with a British Bill of Rights, and how the Convention remains central to protecting fundamental freedoms in the UK.

Takeaways

• 😀 The Study Legal English Podcast helps lawyers and law students become fluent in legal English.
• 😀 The episode introduces human rights law and explains the historical development of international human rights protections.
• 😀 The United Nations was founded in 1945 to help prevent atrocities like those of World War II, followed by the establishment of the European Coal and Steel Community (1951) and the European Economic Community (1957), which led to the European Union.
• 😀 The Universal Declaration of Human Rights was adopted by the UN in 1948, with the European Convention on Human Rights following in 1953, setting legal standards for the protection of human rights in Europe.
• 😀 The European Convention on Human Rights is separate from the European Union and was drafted by the Council of Europe, not an EU body. The UK remains a signatory despite Brexit.
• 😀 The Convention outlines three types of rights: absolute, limited, and qualified. Absolute rights cannot be restricted, limited rights can be restricted under certain conditions, and qualified rights can be interfered with if necessary and proportionate.
• 😀 In the UK, the Human Rights Act 1998 incorporated the European Convention on Human Rights into national law, allowing individuals to bring cases before UK courts.
• 😀 Section 6 of the Human Rights Act 1998 requires public authorities to respect Convention rights, and Section 7 grants standing to individuals to bring claims in the UK courts if their rights are violated.
• 😀 UK courts are required to follow European Court of Human Rights case law, although they are not strictly bound by it. The courts apply a proportionality test to assess whether restrictions on rights are justified.
• 😀 The Human Rights Act provides courts with the power to interpret legislation in a way that aligns with Convention rights, although Parliament remains the ultimate authority and can override such interpretations.
• 😀 Despite its importance, the Human Rights Act has been criticized and there are ongoing discussions in the UK about replacing it with a British Bill of Rights, though it is not yet clear whether this will happen.

Q & A

What is the primary focus of the Study Legal English podcast?

The primary focus of the Study Legal English podcast is to help lawyers and law students become fluent in legal English.

What is the significance of the Universal Declaration of Human Rights?

The Universal Declaration of Human Rights, adopted in 1948 by the United Nations, marked a significant step in promoting and protecting human rights globally. It laid the foundation for future human rights treaties, including the European Convention on Human Rights.

What is the European Convention on Human Rights and when was it established?

The European Convention on Human Rights is a treaty drafted by the Council of Europe in 1950, which entered into force in 1953. It aims to protect key human rights and fundamental freedoms for individuals in the 47 member states of the Council of Europe.

How does the European Convention on Human Rights differ from the European Union?

The European Convention on Human Rights was created by the Council of Europe, an international organization separate from the European Union. It is important to distinguish between the European Union and the Council of Europe, as they are distinct bodies with different functions.

Can the UK leave the European Convention on Human Rights after Brexit?

No, the UK cannot automatically leave the European Convention on Human Rights due to Brexit. The Convention is separate from the European Union, and the UK would need to take specific legal steps, such as revoking its signature and repealing the Human Rights Act of 1998, to withdraw.

What are the three main types of rights protected by the European Convention on Human Rights?

The three main types of rights protected are absolute rights, limited rights, and qualified rights. Absolute rights cannot be limited, limited rights may be restricted under certain conditions, and qualified rights can be limited if the restriction is proportionate to a legitimate aim.

What are examples of absolute rights under the European Convention on Human Rights?

Examples of absolute rights include the right to life (Article 2), freedom from torture (Article 3), freedom from slavery (Article 4), and freedom from punishment without law (Article 7). These rights must be protected at all costs and cannot be limited.

How does the Human Rights Act 1998 impact human rights protection in the UK?

The Human Rights Act 1998 incorporates the rights from the European Convention on Human Rights into UK law, allowing individuals to bring cases before UK courts. It requires public authorities, including courts, to respect these rights, and has a significant impact on domestic law and legal proceedings.

What is the role of the European Court of Human Rights in the human rights protection system?

The European Court of Human Rights, based in Strasbourg, hears cases brought by individuals or states regarding alleged violations of human rights protected by the European Convention. However, its rulings are not legally binding on national courts, but they are highly persuasive.

What is the doctrine of proportionality and how is it applied in human rights cases?

The doctrine of proportionality is used by courts to assess whether a limitation of a human right is justified. The court considers whether the objective of the limitation is sufficiently important, whether the measures taken are connected to the objective, and whether the means used are no more than necessary to achieve the aim.

What happens if a UK court finds a law incompatible with the European Convention on Human Rights?

If a UK court finds a law incompatible with the European Convention on Human Rights, it may issue a declaration of incompatibility. The court cannot overturn the law, but Parliament may choose to amend or repeal the law in response to the declaration. Alternatively, the government can use a remedial order to quickly change the law.