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Evaluate the view that neither individual rights nor collective rights in the UK are adequately protected and guaranteed. You must consider this view and the altern... show full transcript
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The perspective that neither individual nor collective rights are adequately protected in the UK stems from various historical and contemporary issues regarding human rights legislation.
Lack of Systematic Protection: The UK does not have a comprehensive Bill of Rights like many other democracies. This absence means there isn't a singular, clear articulation of rights, leading to potential confusion about what rights are guaranteed.
Governmental Overreach: Both individual and collective rights can be at risk from governmental action. For instance, the government has the authority to remove or restrict individual rights, as seen in counter-terrorism legislation that limits freedoms such as protest in the interest of national security.
Ongoing Challenges: Historical trends show various violations, such as the detainment of protesters without just cause, indicating that government actions can undermine individual rights in practice.
Historical Context of Protection: Both individual and collective rights are backed by established legislation like the Magna Carta, which has a long-standing heritage of safeguarding such rights in the UK. The legal framework provides a foundation for the protection of individual liberties.
Legislation Impact: The Human Rights Act 1998 plays a significant role in ensuring that individual rights are upheld. Furthermore, the Equality Act 2010 addresses numerous issues of discrimination, thus enhancing the protection of rights.
Judicial Mechanisms: The availability of judicial recourse allows individuals to challenge violations of their rights, providing a mechanism by which rights can be asserted and protected.
In conclusion, while there are valid concerns regarding the adequacy of protection for individual and collective rights in the UK, there is also substantial evidence of institutional frameworks and legal mechanisms that actively work to safeguard these rights. Thus, the evaluation hinges on a balance between recognized failures and the established protections in place.
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