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human rights - Coggle Diagram
human rights
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Protect human rights, protect the rule of law, promote democracy
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Bring human rights claims in domestic courts, rather than Strasbourg
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what are they?
Human rights are those rights and freedoms considered essential in a democratic society
The nature of these rights will vary according to different legal systems but there are core freedoms which are almost universally accepted
background knowledge
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“No free man shall be seized, imprisoned, dispossessed, outlawed, exiled or ruined in any way, nor in any way proceeded against, except by the lawful judgement of his peers and the law of the land.”
how do they work
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Universal - they apply to everyone, everywhere, regardless of where the individual lives
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Indivisible - the rights are interconnected and can’t be separated, can’t ‘pick and choose’ which rights to protect
applying our rights
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If it is against a private body, or private individual then there is no direct claim
Instead, we bring a claim under the domestic law in the domestic courts
The courts (a public body) then must consider human rights (S.6 HRA)
This is known as horizontal effect
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