Human Rights Law
Human Rights Theory
Inalienable: they cannot be taken or given away
Universal: they apply to everyone simply by being human
Interdependent: each human right, in some way, contributed to a persons dignity. Each right relies on the others.
Indivisible: human rights are inherent to the dignity of every human person and cover civil, cultural, economic, political and social issues. therefore all human rights are considered to have equal status and are not positioned in a hierarchical order. denying a person one right invariably hinders their enjoyment of other rights.
Civil Liberties
There is a debate about the differences between civil liberties and Human Rights, one of them being that the difference is largely semantic and the terms are often used interchangeably with some overlap between the meaning or 'rights' and 'liberties'.
The key difference is why a person has them; Human Rights arise just by being a human, whereas civil liberties arise by citizens being granted that right; for example the rights given to American citizens by US constitution.
The UK does not have written constitution but is signatory to the Universal Declaration of Human Rights and the European Convention of Human Rights, the latter being incorporated into domestic law via the Human Rights Act 1998. however the UK does not yet have a British Bill or Rights.
The European Convention on Human Rights
Following the Second World War, the international community came together to collectively agree to protect human rights and promote peace. they formed the United Nations, which subsequently adopted the UDHR in 1948. This was followed by the formation of the Council of Europe, which adopted the ECHR. This is seperate to the European Union and covers more countries; its aim is to uphold peace and protect Human Rights within Europe. The UK has incorporated most of the ECHR into domestic law via the Human Rights Act 1998.
The Council of Europe oversees states' adherence to the ECHR.Other institutions overseeing the ECHR are the Committee of ministers and the parliamentary assembly.
As society evolves, Human Rights also does and the ECHR (as well as other Human Rights treaties) is considered to be a living instrument. E.G. when the ECHR was written in 1950, modern technology did not exist, which now influences the interpretation of examples such as the right to privacy.
The Rights and Freedoms protected by the ECHR:
Article 2: Right to life.
Article 3: Freedom from torture, inhuman or degrading treatment.
Article 4: Freedom from slavery and forced labor.
Article 5: Right to Liberty and security of the person
Article 6: Right to a fair trial
Article 7: Freedom from retrospectic law.
Article 8: Right to respect for a private and family life, home and correspondence
Article 9: Freedom of thought, conscience and religion.
Article 10: Freedom of expression
Article 12: Right to marry and start a family.
Article 11: Freedom of assembly and association.
Article 14: Prohibition of discrimination.