The UK's Rights-Based Culture
Political Studies: Edexcel A Level, topic 1.4.2
Culture of Rights in the UK
Some have argued that the UK has a rights-based culture. The protection of rights in the UK has led to some conflicts between different kinds of rights.
Rights-based culture
- All laws passed must comply with the Human Rights Act, which has led to some arguing that the UK has a ‘rights-based culture’.
- Judges can use the Human Rights Act to declare existing laws unfit, which promotes human rights in UK society and lawmaking.
Individual v collective rights
- The Human Rights Act protects individuals rather than UK citizenship collectively.
- Protecting individual rights is seen as a good thing because it enables a free and fair society, and protects individuals who may face oppression.
- But, if individual rights are protected at the expense of collective rights, there can be restrictions on actions that can be taken to protect the public.
Examples of rights conflicts
- For example, some criminals in the UK have not been extradited (handed over to law enforcement where the crimes were committed) because of the Human Rights Act.
- Some may consider this a threat to the collective rights of liberty and security.
- After 9/11, the government wished to detain terror suspects without trial, but this was ruled against by the Law Lords, because it was seen as discrimination.
Test yourself on The UK's Rights-Based Culture
What does 'extradition' mean?
What does the Human Rights Act protect?