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Human rights and law

About this free course


This free course provides a sample of Level 1 study in Law www.open.ac.uk/courses/find/law.
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for your device.
You can experience this free course as it was originally designed on OpenLearn, the home of free
learning from The Open University –
www.open.edu/openlearn/people-politics-law/the-law/human-rights-and-law/content-section-0
There you’ll also be able to track your progress via your activity record, which you can use to
demonstrate your learning.
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Contents
Introduction 4
Learning Outcomes 5
1 Course overview 6
2 Part A: The growth of international human rights and humanitarian law
6
2.1 Treaties, conventions and constitutions 7

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Introduction

Introduction
This course considers the growth of human rights and humanitarian law before looking at
the European Convention on Human Rights (ECHR) in detail. It will also look at the
position of human rights in the UK and the effect of the Human Rights Act 1998.
This OpenLearn course provides a sample of Level 1 study in Law.

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Learning Outcomes
After studying this course, you should be able to:
l understand the historical growth of the idea of human rights
l demonstrate an awareness of the international context of human rights
l demonstrate an awareness of the position of human rights in the UK prior to 1998
l understand the importance of the Human Rights Act 1998
l analyse and evaluate concepts and ideas.
1 Course overview

1 Course overview
This course will look at the concept of rights in their broadest sense:

l a freedom to do or be protected from something;


l a claim to do or enjoy something;
l a power to do something which affects others and not to be challenged over that use
of power.

This concept of rights defines the position of an individual and does not consider collective
or majority rights. As you may already know, the subject of rights, and in particular of
human rights, is a growing area. There are a number of differing academic opinions as
ideas about rights change and expand alongside changes and developments in society.

Activity 1: Rights
0 15

There is an opportunity to consider the European Convention on Human Rights in


course W100_4 Europe and the law, where there is a table listing the ECHR rights.
Look at that table and think of an example of a right for each of the three categories
below:

l a freedom to do or be protected from something;


l a claim to do or enjoy something;
l a power to do something which affects others and not to be challenged over that
use of power.

Although there may be different ways of interpreting these categories, some of the
examples you may be aware of include:

l a freedom to do or to be protected from something, such as freedom of


association, freedom from slavery and enforced labour, freedom from retro-
spective punishment;
l a claim to do or enjoy something, such as the right to peaceful enjoyment of
possessions, the right to a fair trial;
l a power to do something which affects others and not to be challenged over that
use of power, such as the freedom to receive and impart ideas and information.

2 Part A: The growth of international

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2 Part A: The growth of international human rights and humanitarian law

human rights and humanitarian law

2.1 Treaties, conventions and constitutions


International human rights are part of a much wider area, public international law, which in
broad terms encompasses law relating to the legal rights, duties and powers of one nation
state in relation to its dealings with other nation states. These rights, duties and powers
are set out in international treaties or conventions. Such treaties and conventions may be
global in their application or restricted to certain regions of the world. Reference to a work
on international human rights treaties would reveal over fifty different treaties, conventions
and protocols (instruments which effect an amendment to a treaty or convention).

Box 1: The verdict on public international law


As this course (and the other W100 courses available on OpenLearn) examine rules, rights
and justice, it is appropriate to digress for a moment or two to note that there are academic
arguments whether there is any such concept as public international law. Individual nation
states are supreme in their own law making and there is no such thing as an international
legislative body or court that is able to make and enforce laws binding upon every nation
state in the world. This inevitably calls into question the status of international agreements
and treaties, which are negotiated and agreed between nation states. If there is no system
of enforcing or policing such agreements, then what is the purpose in their negotiation? The
answer to this question is that there is generally a level of standard to which states adhere
in order to achieve acceptance within the world order. Any state falling short of such
standards is likely to incur public condemnation either by the United Nations or by other
nations whose acceptance and support (financial or political) the particular nation state
entreats.

In the late seventeenth century major political, social and economic upheavals saw the
emergence of new democracies with written constitutions. Documents such as the
American Declaration of Independence and the French Declaration des Droits de
l'Homme et du Citoyen began to lay the framework for the recognition of rights such as the
freedom of speech and assembly. In these documents the development of modern human
international law can be seen. Whilst such documents differed in their detailed content,
certain general principles underpinned them:

l Every human being has certain rights, which they have by virtue of their humanity.
l It is not possible to deprive anyone of those rights.
l The rule of law must be recognised. The rule of law requires just laws to be applied
consistently, independently, impartially and with just procedure. Laws are regarded
as just where they are made in accordance with a fair and democratic procedure.

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2 Part A: The growth of international human rights and humanitarian law

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