Hint - key terms are defined. Just click on the bold blue words to see their definitions!

This year the United Nations have set the theme for Human Rights Day (10th December 2020) as ‘standing up for human rights’. We’ve had a look at human rights in the perspective of the unusual year that 2020 has been.

The role of Human Rights

Human rights are basic rights and freedoms that belong to every living person in the world. They apply regardless of a person’s beliefs, how they choose to live or where they are from. However, they can be restricted at times for exceptional measures such as national security or public safety.

After WW2, the protection of human rights became an international priority. International legislation (a collection of laws) were introduced to ensure human rights were protected in the form of the Universal Declaration of Human Rights.

In 1948, the Universal Declaration of Human Rights was adopted by 50 Member states (United Nations). Then in 1950, the European Convention on Human Rights was adopted, protecting the human rights of people in countries that belong to the Council of Europe, including the UK. Then again in 1998, the Human Rights Act was enacted in the UK, allowing UK courts to hear human rights cases.

Basic rights are defined and protected by the law.

Human Rights and Discrimination

Article 14 of the Human Rights Act outlines that rights and freedoms must be protected and applied without discrimination (see our article on discrimination here). This includes indirect discrimination e.g. where a policy or rule that applies to everyone equally, works to the disadvantage of some groups.

Discrimination happens when:

A person is treated unfairly in comparison to someone else who is in a similar situation to them. This treatment is reasonably or objectively justified.
A person is disadvantaged by being treated similarly to another person when their circumstances are different e.g. if they have a disability.

They do not have to prove that a right has been breached, but they need to show that discrimination has affected their rights. Rights that the Human Rights Act covers include: race, sex, language, colour, religion, political or other opinion, origin, birth or other status.

Some areas of discrimination are covered by other laws e.g. the Equality Act 2010.

Human Rights and Covid-19

There are many unknowns about human rights and COVID-19, that are yet to be thoroughly investigated. Below, we look at some human rights that may have been affected by COVID regulations.

Article 6 – Right to a fair trial

Courts must ensure cases are dealt with justly no matter the format of the hearing, whether that is traditionally in person or via telephone or Skype. However, there have been arguments that a remote hearing can never be just or fair e.g. in the case of a child.

Arguments are made that remote hearings (video or telephone) include:

It is very difficult to read the reactions of a witness giving evidence or of the party hearing the evidence or reactions cannot be seen at all.
Difficulties arise for advocates and clients in receiving or giving instructions during hearings as it is not possible to do so online.
Poor connections and more complex hearings also play a part.

Article 7 – No punishment without law

Laws typically take years to make and implement. With the urgency of COVID-19, laws were created and passed in a very short period of time. This has led to some people being wrongly prosecuted under the new Coronavirus Law after the Crown Prosecution Service admitted the powers were used incorrectly, such as the cases of Farid Ullah, 21, and Jazinhio Ricardo Phillips, 43.

Due to devolution (check out our article here) each part of the UK has created their own measures to tackle COVID 19. Therefore, some people have been incorrectly charged and convicted because, although laws were applied correctly, they were Welsh regulations instead of England’s regulations for example.

Article 8 – Right to family life

The right to family life means that you have the right to a private life without government interference. Rules during the lockdown include not being able to socialise in groups larger than 6 people, indoors or outdoors. This right can be limited, however, in order to protect public safety.

Article 9 – Freedom of thought, belief and religion

This right includes the ability to take part in religious ceremonies and celebrations. Religious groups have criticised lockdown rules which have banned communal worship. Religious celebrations tend to include a large number of people congregating together, but where congregational worship is not allowed, some feel they are not being allowed to express their religious views appropriately.

Article 11 – Freedom of assembly

This requires public authorities such as the police to act in a way that does not breach a person’s rights. For example, the police must take certain steps to allow peaceful protests. However, these rights are ‘qualified’ rights, meaning that the Government is allowed to restrict them if proportionate and in the public interest.

Part II Article 2 – The right to life and education

The Government has attempted to protect the public by introducing regulations to safeguard people from contracting the virus. However, there has been a notable effect on the education received by school students during the enactment of these regulations. For many months students could only attend school via online platforms during the first lockdown so the Government has tried to put in alternative measures to ensure educational rights are not affected, such as using online platforms and teaching students virtually.

Conclusion

Lawmakers have an obligation to draft new legislation ensuring they comply with the Human Rights Act, balancing the law’s objective with human rights. However, it is simply too soon to know whether regulations created to manage the pandemic align with human rights laws. However, those discussed above may be considered in later reviews.

Human Rights are essential to the most vulnerable because it is the way that the law ensures they are protected. A proper understanding of each person’s human rights allows for each person to be an active and protected member of society.

Written by Sarah Josiah

Glossary box

Human Rights - Rights that every person has.

Legislation - A term for a collection of laws.

Human Rights Act - The law in the UK that gives people the protection of the human rights.

Crown Prosecution Service - The government department that prosecute people when they have engaged in criminal activity.

Devolution - Where powers to create laws are moved outside central government. For example, Westminster (parliament in London) give powers to Scotland’s parliament (Holyrood) - this is devolution.

Indirect Discrimination - Where someone is discriminated against in a seemingly fair policy. For example, an office that only has stairs that everyone has to use could be indirect discrimination to someone in a wheelchair.

Human Rights: Standing Up For Human Rights