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Chapter 3 MCQs
Return to Law for Social Workers 15e Student Resources
Chapter 3 MCQs
Human rights law
Quiz Content
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Despite signing up to the European Convention on Human Rights in 1951 the UK did not develop specific Human Rights legislation until the Human Rights Act (1998) instead they relied upon which Court to address human rights enforcement issues
European Court of Justice - Luxembourg
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incorrect
European Court of Human Rights - Strasbourg
correct
incorrect
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The Human Rights Act (1998) has a number of key functions with regard to the UK legislative process, can you identify two from the answers below?
Any decision made within UK Courts must identify the relevant ECHR Article relevant to the case
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Judges must take account of European Court of Human Rights judgements and subsequent law in determining the outcome of any UK case
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All UK law must be compatible with the European Convention on Human Rights as far as possible
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Any new laws introduced in the UK must always be compatible with European Law
correct
incorrect
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Questions have been raised about the relevance of Human Rights when placed in the context of contemporary terrorist threats to UK citizens, however what two options do the government have to address overriding human rights where there are significant threats to the public?
The Human Rights Act can be suspended in the event of a terrorist attack
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The ban on imprisonment without trial can be overridden in the event of a terrorist attack
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incorrect
Most Human Rights articles can be breached where a lawful process deems there is sufficient reason not do so
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Those accused or convicted of terrorism are not entitled to access to the Human Rights Act
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incorrect
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Which of the following rights under the Convention are absolute?
The right to liberty
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incorrect
The right to free speech
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The right to protection from torture
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The right to private and family life
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Interpreting whether a human right has been overridden can be a significant professional and legal challenge; which of the following might be used to consider where a case HAS met the threshold of failing to meet a person's human right?
They did not complain about the treatment or experience
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The duration or nature of the event/treatment in the case
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The perpetrator did not mean to override the person's rights
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The age or state of health of the person
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Where a breach of Article 5 and Article 8 of the Human Rights Act leads to a person being deprived of their liberty, the Hillingdon v Steven Neary and other (2011) case illustrated how misinterpretation of best interest can impact on basic human rights; which of the following principles in this case indicate what MUST be considered?
Best interests decision making overrides human rights
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Liberty must always be preferred to removal of a person's liberty
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Where disagreement exists, a Local Authority must not leave this to an individual or interested party to take the matter to court
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Review of the matter must only be carried out where there is a disagreement
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incorrect
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The Equality Act (2010) introduced a set of protected characteristics can you identify the two enclosed in the answers below?
In a committed relationship
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Being Pregnant
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Having a minor, temporary disability
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Gender re-assignment
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What national organisation was developed as a result of the Equality Act (2010) to promote equality by helping people to pursue court cases and carries out important work researching and publicising breaches of human rights and equality law?
Equality Opportunities Commission
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incorrect
Commission for Racial Equality
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Disability Rights Commission
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Equality and Human Rights Commission
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incorrect
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Section 158 of the Equality Act promotes which of the following?
Positive Action that is proportionate
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incorrect
Makes Positive Discrimination legal
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Which section of the Equality Act (2010) sets out the public-sector equality duty, ie. the duty of public bodies to act to eliminate discrimination?
Section 149
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incorrect
Section 150
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incorrect
Section 159
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incorrect
Section 158
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