1. SmartLaw Resource Human Rights ●
Explain that in today’s session you will be exploring the meaning of the term human rights and some of the circumstances in which human rights may apply.
Suggested timings are given as a loose guide. You should spend as long as you need and want on each activity. This will depend on your group’s needs, how well an activity is being received and the amount and level of discussion that is being generated. It is not necessary to complete all the activities in this lesson.
Use the ‘Consider’ questions to help generate and guide discussion with your class.
Human Rights

2. Lesson Objectives Understand the nature of human rights
Become familiar with the Human Rights Act 1998 and the rights contained within it
Consider cases where there are competing human rights
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3. What are Human Rights? Human Rights What rights are you entitled to?
We are going to look in more detail at the different types of rights that people could or should have…
What rights are you entitled to?
Why are rights important?
Ask students to consider the questions from the slide. Give them time to consider alone, then to discuss each question in a pair and lastly share their ideas with the class. You have a support sheet in Appendix A (see page 8 of the teachers notes).
Hand the ‘Where do you stand’ (worksheet 1) cards out to students. You can split these between groups or discuss them all. Answers to some of the questions are on the following slides.
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4. What are Human Rights? Human Rights
Look at the statements in front of you.
Do you agree with the statements?
Do the questions make it more difficult to agree?
Where do you stand?
We are now going to explore five of the most interesting statements…
Pose the questions on the slide to students, firstly giving them time to consider by themselves, then talk in a pair and lastly share their ideas as a class.
Now ask students to discuss each statement using the questions on the cards, and order the cards from most to least important.
The following four slides cover five of the most interesting points. Go through the statements as a class.
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5. A. Killing is wrong Human Rights What about the death penalty?
What about in times of war?
What about abortions?
What about euthanasia?
Q: What about the death penalty?
A: Some countries still have the death penalty for the most serious crimes. In the UK the death penalty has not been applied since At its height there were 220 crimes punishable by death, including ‘using a disguise while committing a crime’, and the theft of goods with a value as low as twelve pence.
Q: What about in times of war?
Q: What about abortions?
A: Abortions are legal in England, Wales and Scotland, but not Northern Ireland.
Q: What about euthanasia?
A: Euthanasia is illegal in the UK. However, about one person per fortnight travels from Britain to Switzerland to end their life.
Q: What about self-defence?
A: In some circumstances, self-defence is a complete defence to murder.
What about self-defence?
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6. D. After a certain age people should be able to marry anyone they wish
Human Rights
D. After a certain age people should be able to marry anyone they wish
What age should people be able to marry anyone they want?
What about people in prison?
What about members of your own family?
Q: What age should people be able to marry anyone they wish?
A: You can marry at 16 in the UK with parental consent, and at 18 without it. In July 2013, the UK government passed legislation which made same-sex marriage legal in England, Wales and Scotland, but not in Northern Ireland.
Q: What about people in prison?
A: In the UK, prisoners can get married whilst in prison, as long as they have more than three months on their sentence.
Q: What about members of your own family?
A: A man in Germany, who was adopted, met his sister when he was an adult and began a relationship with her. They have four children together; two of them are disabled. The brother and sister appealed to the European Court of Human Rights in 2012; however, the court ruled that Germany was entitled to ban incest. In 2014 an ethics committee in Germany said that incest laws were an intrusion into people’s rights.
Incest is illegal in the UK, but is legal in Brazil, France, Ivory Coast, Turkey and Japan.
Further points to consider:
Some people argue that incest should be illegal because children born from incest have a higher risk of being born with genetic abnormalities.
Q Do you agree with this? What about other people with a higher risk of children with genetic abnormalities, such as people with genetic diseases?
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7. Human Rights
F. People should be able to travel within and leave their country if they wish
Does this just apply to holidays, or does it also apply to people who want to live somewhere else?
Does it matter if a person has a criminal record?
Will it depend on the type of crime they committed?
What about if someone is suspected of being linked to extremists abroad?
Q: Does this just apply to holidays, or does it also apply to people who want to live somewhere else?
Q: Does it matter if a person has a criminal record?
Q: Will it depend on the type of crime they committed?.
Q: What about if someone is suspected of being linked to extremists abroad?
A: In March 2015, the British Government seized the passports of five teenage girls who they believed had shown interest in travelling to Syria.
Q: What about in a quarantine?
A: For example in the Ebola Crisis in 2014.
What about in a quarantine?
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8. G. Private communications should not be intercepted
Human Rights
G. Private communications should not be intercepted
How would you feel if your parents or teachers looked through your phone?
Do you think all people, even those that live in the public eye, e.g. celebrities, should have their privacy protected? How about criminals?
What if you suspect someone is breaking the law?
Q: How would you feel if your parents or teachers looked through your phone?
Q: Do you think all people, even those that live in the public eye e.g. celebrities, should have their privacy protected?
A: In 2012, the newspaper, News of the World, hit headlines as it emerged that their journalists had been involved in ‘hacking’ the phones of prominent people to find stories. The government launched a public inquiry (the Leveson Inquiry) to look at the culture, practices and ethics of the press and media. A number of journalists and editors were investigated by the police including Andy Coulson, the News of the World editor and Rebekah Brooks, the CEO of News International.
Q: What if you suspect someone is breaking the law?
A: In 2014, Google tipped off the police about a man who had sent images of child pornography using Gmail.
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9. I. People should be able to talk to and meet anyone they wish
Human Rights
I. People should be able to talk to and meet anyone they wish
Does it matter what they talk about or what they are meeting for?
Does it apply to children and young people?
Football fans are often separated after a match. Why do you think this is? Is it right to separate them?
Q Does it matter what they talk about or what they are meeting for?
In March 2015, the Metropolitan Police told a number of campaign groups that they would no longer provide traffic management at their planned demonstrations.
Instead, they would be required to devise their own road closure plans and pay a private security firm to carry out the task. For many groups this effectively means they cannot protest as this could cost at least £10,000.
Q Does it apply to children and young people?
Q Football fans are often separated after a match. Why do you think this is? Is it right to separate them?
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10. Human Rights Act 1998 Why was it created? Human Rights
Just after the Second World War, politicians in Europe wanted to prevent a repeat of the horrors suffered by millions of people under the Nazi regime.
Soon, the European Convention on Human Rights was drafted. Britain was one of the first countries to sign up, but the rights the Convention provides were not built into UK law until the creation of the Human Rights Act (HRA) 1998, which came into force in 2000.
Our human rights, as laid out in the Human Rights Act, can only be enforced against public bodies. Individuals cannot enforce their rights against other individuals.
Under the HRA, claimants can enforce their rights directly before UK courts instead of having to take their case to the European Court of Human Rights (based in Strasbourg).
Explain to the students the basis of the creation of the Human Rights Act (HRA).
Previously, claimants had to go to Strasbourg as the European Court of Human Rights was the court which enforced Convention rights for UK claimants. Before 2000, it was not possible to enforce your human rights through British courts.
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11. The Human Rights Act 1998 What does it include? Human Rights
Read through the list of rights included in the HRA on the handout.
Remember the difference between absolute and qualified rights.
Absolute
These rights can never be restricted.
Qualified
These rights can be restricted in certain circumstances.
Hand out the “Human Rights Act 1998” handout (worksheet 2) and briefly explore the types of rights included, drawing the distinction between absolute and qualified rights. Ask them if there are any they are surprised by, such as the fact that the right to life is not absolute. Explain that while this right poses very strong obligations on the state, there are very limited circumstances (such as self-defence) where the right can be limited.
Tell students you will read through scenarios on the next few slides, and they will have to decide which rights are involved.
You will now look at some scenarios. You will need to decide which right applies in each case.
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12. Human Rights
HRA Scenario A
A baby is born with a very serious illness and is not expected to survive.
Doctors recommend that she be allowed to die, but the parents disagree and believe that as much as possible should be done to keep the little girl alive.
The parents challenge the doctors’ decision in court.
Everyone has the right to life (Article 2).
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13. Human Rights
HRA Scenario B
A water company plans to build a sewage works 50 metres from a row of houses.
Everyone one has the right to respect for private and family life (Article 8).
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14. Human Rights
HRA Scenario C
An announcement is made that a hospital is due to close.
Many local people and hospital staff are against this. Staff are invited to a residents’ meeting to discuss the closure but are forbidden from doing so by senior staff who threaten to dismiss anyone who speaks in public about the closure.
Everyone has the right to express their views and opinions (Article 10).
Everyone has the right to get together with others in a peaceful way (Article 11).
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15. HRA Scenario D A man is charged with armed robbery.
Human Rights
HRA Scenario D
A man is charged with armed robbery.
At his trial, statements against him from two anonymous witnesses are read out in court.
The trial continues and there is no chance for the man to question these witnesses or challenge their evidence.
Everyone has the right to a fair trial and within a reasonable time (Article 6).
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16. Human Rights
HRA Scenario E
The police arrest two men who they believe can give them valuable information about a recent terrorist attack.
Although the police do not think the men directly had anything to do with the attack, they hold the two men for questioning for 44 hours.
Everyone has the right to liberty (Article 5).
(If you are running out of time, you can skip scenarios E and F)
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17. Human Rights
HRA Scenario F
A woman, who has no religious belief of any kind, teaches maths at a Roman Catholic school.
She applies for a promotion to become Head of Year, but is immediately turned down because she is not a Roman Catholic.
Everyone has the right to hold whatever beliefs they wish (Article 9).
This includes the right not to hold beliefs.
(If you are running out of time, you can skip scenarios E and F)
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18. Human Rights
Competing Rights
The last activity tried to identify the human rights that might apply in certain scenarios.
We are now going to look at situations where there is more than one human right involved, where different people’s human rights may conflict with each other.
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19. Competing Rights Case One - Kelly’s Holiday Human Rights
What rights are involved here? Who has which right?
Whose side are you on?
Can this invasion of privacy be justified on the grounds of free speech?
Would it make a difference if Kelly wasn’t a celebrity?
What rights are involved here? Who has which right?
Kelly: Article 8 - everyone has the right to respect for private and family life.
The Press: Article 10, everyone has the right to express their views and opinions.
Whose side are you on?
Can this invasion of privacy be justified on the grounds of free speech?
Remember judges have a difficult job when deciding whether to grant injunctions. They have to balance one right against another.
They aren’t law makers and so cannot say that one right is more important than another.
Would it make a difference if Kelly wasn’t a celebrity?
“She chose to be in the public eye so she should accept intrusive pictures”, or “Her private space is particularly valuable since she is in the public eye and more vulnerable to media pressure. As a result she is entitled to stronger privacy”.
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20. Competing Rights Case Two - Civil Partnership Human Rights
What rights are involved here? Who has which right?
What potential solutions are there?
What would happen if no local registrars were willing to perform the ceremony?
Q: What rights are involved here? Who has which right?
A: The Couple: Article 8, Article 12 - everyone has the right to marry and have a family.
A: The Registrar: Article 9 - everyone has the right to hold whatever beliefs they wish.
Q: What potential solutions are there?
A: They could ask for another registrar to perform the ceremony, or they could go elsewhere.
Q: What would happen if no local registrars were willing to perform the ceremony?
A: If there was no one willing to perform this ceremony anywhere, this would be a breach of human rights. The couple could take legal action against the registry offices refusing to perform the ceremony.
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21. Competing Rights Case Three - Refusing Treatment Human Rights
What rights are involved here? Who has which right?
Should the law ever interfere with people’s family life?
What do you think should happen in this case?
Would your answer change if the child was older and able to talk?
At what age do you think someone can make the decision not to be treated?
Q: What rights are involved here? Who has which right?
A: The Parents: Article 9, everyone has the right to hold whatever beliefs they wish.
A: The Doctors: Article 2, everyone has the right to life.
Q: Should the law ever interfere with people’s family life?
Q: What do you think should happen in this case?
A: In England, if a parent refuses to give consent to a particular treatment, this decision can be overruled by the courts if treatment is thought to be in the best interest of the child.
Q: Would your answer change if the child was older and able to talk? At what age do you think someone can make the decision not to be treated?
A: If a young person under 16 refuses treatment, and if this decision may lead to death or a severe permanent injury, their decision can be overruled by the Court of Protection.
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22. Competing Rights Case Four – Disruptive Student Human Rights
What rights are involved here? Who has which right?
Should the girl lose her right to education because she is interfering with someone else’s?
How might the situation be resolved without anyone losing their right to an education?
Q: What rights are involved here? Who has which right?
A: Both the girl and the other students have the same Protocol 1, Article 2 right, everyone has the right to an education.
Q: Should the girl lose her right to education because she is interfering with someone else’s?
Q: How might the situation be resolved without anyone losing their right to an education?
A: The girl could be taken out of mainstream classes and put in a class where her behaviour won’t impact on other students’ learning.
In a real life case, the local authority paid for a private tutor for a girl who had been regularly excluded for disrupting classes and arrangements were made for her to take her GCSEs at a neighbouring school.
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23. Human Rights
Plenary
Can anyone remember which three rights are ‘absolute’ in the UK and cannot be overridden?
What surprised you the most from today’s discussion?
Is there anything discussed today that you really agree/disagree with?
These questions can be in the form of written answers or a class discussion. You can use this as an opportunity to solidify the key principles (and revisit the learning objectives) and to clarify any insecurities in knowledge.
Tweet us the most interesting thing you learnt in this using the hashtag #SmartLaw or leave a comment on our Facebook page, SmartLaw – Citizenship Foundation
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