Human rights

  • Created by: Han11
  • Created on: 19-06-19 15:52

Development of human rights: 

·     Magna carta - 1215 signed between barons and King John. Written set of promises between the king and his subjects for fair laws and access to a court. 

·     Bill of rights - 1689, deals with constitutional matters + sets out basic civil rights. Limits on the power of monarchs + sets out the rights of parliament.

·     Universal declaration of Human Rights - 1954 

Article 5 - The right to liberty and security: 

·     Restrictions, lawful detention person after conviction, breaching court order, education, illegal immigration. 

·     5 (1) prescribed procedure, carried out by body of authority, Gillianstopped and searched when protested about the holding of arms fair, no breach. 

·     5 (2) told in language they understand reasons for arrest, Christie v Leachinskyarrested charged kept in custody false imprisonment of unlawful possession. 

·     5 (3) brought promptly before a judge and trialled within a reasonable time. Brogan v UK, detained up to 6 days before released without charge inconstant. 

·     5 (4) brought speedily by court + released if detention is unlawful. 

·     5 (5) if unlawfully detained entitled to compensation. 

·     A person must be deprived of their liberty cannot merely restrict liberty. Guzzardi v Italy, sent to isolated island, amounted to deprivation of liberty. 

·     During a protest = Austin v UK, police kettled demonstrators for over 7 hours, decided no breach measures were proportionate + enforced for no longer than necessary. 

·     In care = Cheshire West and Chester Council v P, P incontinent, ate pieces of his pads, put in all body suit, held deprivation of liberty, under continuous supervision + not entitled to leave. JE v DE, suffered stroke + dementia, lived in care home, deprived of liberty as not free to leave. 

·     Stop and search - Powers under, Police and Criminal Evidence Act 1984, section 60 Criminal Justice Act + Public Order Act 1994, Terrorism Act 2000. Police must have reasonable grounds suspecting a person of possession of stolen goods or prohibited articles, includes weapons, things to commit burglary, drugs or criminal damage. Suspect must be told, why they are being searched, officers name/station, ID if not in uniform. Can only remove coat jacket and gloves in public place. R v Commissioner of Police of the Metropolis, stopped + searched kept waiting not deprivation of liberty. 

·     Arrest - PACE, anyone about to commit an offence, in the act of committing an offence or reasonable grounds to suspect someone is about to commit an offence or is committing an offence. Shimovolos v Russia, arrested under threat of force, not been free to leave without permission, breach. Everyone arrested shall be informed promptly. Christie v Leachinsky, knew what charge they were being detained for, imprisonment justified. Suspect must be charged / released after 24 hours’ summary offence, 36 hours for indictable offence…




This is why I want to study human rights in the world. Somehow I got to the site by accident where I read stories of how these rights adhere to all over the world. But also in the essay examples, many cases were described of how grossly these rights are violated in many countries of the world.