Citizenship Questions on Human Rights and Laws

by ruddin96 (student)

Citizenship (A/A*)

Human Rights

Why is the Human Rights Act important?

Many of the rights that are listed in the Human Rights Act were guaranteed in the United Kingdom before the Act was passed in 1998. They had been accepted in this country for many years. The Human Rights Act brought all of these rights together into one document for the first time. This meant that people could see much more easily what their rights actually were. The Human Rights Act also made the European Convention of Human Rights part of the law of the United Kingdom. This meant that people could take organisations, and even the government, to the European Court of Human Rights if they believed that their rights had been disregarded. Until then, it had been very expensive to pursue a legal; case about human rights in the law courts. Now, judges in the law courts can decide whether human rights have been ignored.

Examiner's Hint: The Human Rights Act made the European Convention part of the law of the United Kingdom.

How are schools affected by the Human Rights Act?

All organisations and people in the United Kingdom are subject to the Human Rights Act. The problem is that there are often no clear definitions of any of the articles. These are left to judges in law courts but only when a case is brought. Therefore, it is very difficult to know just what schools and teachers are expected to do in order to ensure the security and freedom of expression of their students. Recently, there have been a number of cases that resulted from accidents on school trips. Are these instances of human rights being infringed? Schools often punish students by keeping them in detention. Is this an infringement of the right to liberty? In the past, questions like these never arose. But they are becoming increasingly important as human right becomes a more significant issue.

Examiner's Hint: Try to use examples from your own school.

How do organisations like Amnesty International try to protect human rights?

This is a preview of the whole essay

Examiner's Hint: Try to use examples from your own school.

How do organisations like Amnesty International try to protect human rights?

The fundamental aim of Amnesty International is to try to ensure that all people in the world enjoy all of the rights stated in the Universal Declaration of Human Rights. Members of the organisation believe that there are fundamental rights that should be enjoyed by all people irrespective of their race, colour, gender or religion. Consequently, Amnesty International takes up cases of discrimination that other organisations cannot. The United Nations Commission on Human Rights tries to persuade governments to control abuses but usually has to work through diplomatic channels. Because it is a pressure groups with no allegiance to any governmental or official organisation, Amnesty International can work in much more direct ways. Therefore, it uses the press, television and any available means to publicise abuses and to try to shame governments into changing their policies.

Examiner's Hint: Amnesty International is staffed mostly by volunteers.

Why Laws are needed

Why do societies have laws?

Laws are the rules of society. The population of the United Kingdom is made up of many people from different cultures. They have different beliefs and traditions which may conflict. Laws set out common standards of behaviour so that all people know how to behave. Laws, therefore, help to strengthen society and bring people closer together. Laws do not just tell us what we cannot do. Laws also tell us what we are entitled to do. They also tell us our rights. For example, there are laws that control the behaviour of the police. They cannot arrest somebody without a good reason. They cannot search someone's house without a warrant. So laws can be very important in defending rights in a democracy. It is important, therefore, that laws are passed in a way that is fair and open. In the United Kingdom, most laws are passed by Parliament, which is made up of the elected representatives of the people. Therefore, it is very important to take part in elections if we want to make sure that laws are fair.

Examiner's Hint: Laws are simply rules that people are expected to obey.

Explain the differences between Civil and Criminal Law.

Criminal law sets out what is a crime. Offences committed under criminal law, such as burglary, murder and rape, are against the crown. Consequently, prosecution will be undertaken by the crown, in theory, by the Queen. The case will be listed as Regina (the Queen) v xxx. In other words, the crown takes responsibility for enforcing criminal law. Civil law sets down rules for behaviour. It covers things such as libel, slander, divorce and disputes over land. People are expected to follow civil law but if they feel that the law has been broken, it is up to an individual to take action. This will involve suing the person against whom you have a complaint. Under criminal law, if a person is found guilty, there will be a sentence such as a fine or prison. In civil law, there is no guilt but the winner can claim damages from the loser.

Examiner's Hint: In criminal law, people are found guilty or not guilty. In civil law, there are winners and losers.

How are verdicts reached in a Crown Court?

Cases in Crown Courts are contests between the Prosecution and the Defence. Two barristers, one for the crown and one for the defendant, put forward arguments to try to persuade the jury that the accused is either guilty or not guilty. Some people criticise this system because it concentrates on the skill of the barrister rather than the strength of the evidence. It is the judge's role to control the case. He or she must make sure that the barristers do not mislead the jury or act improperly because it is the jury which must take the final decision. Whereas the judge and the barristers are trained lawyers, the members of the jury are not. They are ordinary members of the public. This is an important principle of criminal law. People should be judged by their peers, which means by their equals. Therefore, the decision is reached by ordinary people and not by legal experts.

Examiner's Hint: You must understand the roles of the different people in a court.