Chapter 19 Self-test questions

People disagree over which rights should be considered human rights. Nonetheless, some have suggested that, at least in a number of western societies, the idea of human rights relates to one concept in particular. Which one of the following options does this refer to?

The big society

Marxism

Self-sacrifice

Human autonomy

Against what is seen as an overly individualistic perspective, the _____________ perspective argues that individuals are first and foremost members of a community, and that the interests of the individual should have a secondary role.

Why have some criticised the idea of human rights on democratic grounds?

They restrict the liberties of voters.

They may be considered to raise political issues that are unsuitable for determination by unelected judges.

They are brought into force by legislation passed by governments which do not have the support of a majority of voters.

They cannot be repealed by legislators.

Which of the following statements on the Human Rights Act 1998 are correct? Select all that apply.

The Human Rights Acts 1998 ratified the United Kingdom's signature to the European Convention on Human Rights.

The Human Rights Acts 1998 allowed individuals, for the first time, to take individual claims to the European Court of Human Rights.

The Human Rights Act 1998 allows individuals to invoke the European Convention on Human Rights in the domestic courts rather than having to go to the Strasbourg Court.

The Human Rights Acts 1998 attempts to make it more difficult for the UK Parliament to enact legislation that is intentionally and directly inconsistent with Convention rights.

What were the majority and minority views of the judges in the case of Ghaidan v Godin-Mendoza?

For the majority, Lord Nicholls used s3 HRA to interpret the Rent Act compatibly with the ECHR. Lord Millett, dissenting, argued that the Rent Act could be read compatibly with the ECHR without using s3.

For the majority, Lord Nicholls used s3 HRA to interpret the Rent Act compatibly with the ECHR. Lord Millett, dissenting, argued that s3 could not be used to stretch the language of the Act sufficiently far and that the majority's interpretation impermissibly went against the fundamental features of the Act.

For the majority, Lord Nicholls used s3 HRA to interpret the Rent Act compatibly with the ECHR. Lord Millett, dissenting, argued that the HRA did not apply in the circumstances as there was no identifiable public body to impose a duty upon.

For the majority, Lord Nicholls held that the Rent Act could not be interpreted compatibly with the HRA. Lord Millett, dissenting, argued that the majority should have used s3 HRA to achieve this.

Which of the following statements on s 4 of the HRA, concerning declarations of incompatibility, are correct? Select all that apply.

Declarations do not create legally binding obligations, but do put significant political pressure on Parliament.

When a court issues a declaration of incompatibility, Parliament and the executive are legally obliged to respond.

Only certain courts may issue a declaration under s 4.

A declaration of incompatibility in respect of a given legal provision renders that provision invalid.

The majority of the House of Lords in the case of YL v Birmingham City Council held that Southern Cross, a company that provided residential care for the elderly, was not under a section 6 duty to respect the claimant's convention rights. Why?

The majority held that the elderly had no right to protection under the HRA 1998.

The majority held that the duty to make arrangements for the provision of care and accommodation was not a governmental function.

The majority held that the provision of care and accommodation was not a governmental function.

The majority held that private companies could never be subject to section 6 of the HRA.

The Human Rights Act does not apply directly to public bodies. How, then, did the House of Lords in Campbell use the Human Rights Act in a dispute between two private bodies?

The House of Lords found that the media company exercised governmental functions and should therefore be subject to duties under the HRA.

The House of Lords found that the public body which regulated the media company in the case was a public body and was therefore subject to the HRA.

The House of Lords considered that, as a court, it had a duty to comply with the HRA, and this involved developing the common law which affected the parties in the case.

The House of Lords considered that, by failing to pass a statute to protect the parties in the case, Parliament had failed to comply with the HRA.

What was particularly noteworthy about a story, reported in the press, of a prisoner successfully using the Human Rights Act to sue the state for not adequately providing him with his 'right to pornography'?

The case had been handed down before the Human Rights Act had come into force.

The case is just one example of a successful use of the HRA; many more cases are much more deserving.

The prisoner won the case on a technicality and did not win any damages.

It never happened. The case was thrown out at the earliest stage.

Repeal of the Human Rights Act would effectively bring an end to the influence of the European Convention on Human Rights in the UK.

True

False

If the Human Rights Act were to be repealed and the UK were to withdraw from the European Convention on Human Rights, there would be no rights protection remaining in the United Kingdom.

True

False

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