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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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To evaluate the view, we first need to understand the context of individual and collective rights in the UK.
Lack of Systematic Framework: The UK does not have a systematic and formal Bill of Rights, which would typically outline and protect individual and collective rights. This absence can lead to ambiguities and inconsistent protections.
Governmental Powers: Governments can and do regularly remove or restrict individual rights. The use of terrorism legislation has, on numerous occasions, led to the infringement of personal rights. Examples include extraordinary rendition and preventive detention.
Conflict of Rights: Collective rights can conflict with individual rights, creating further complexities in the legal landscape. For instance, the right to peaceful protest may collide with government interests in maintaining public order.
Historical Protections: Both individual and collective rights have been historically protected in the UK through various means, including documents like the Magna Carta, which laid foundational principles.
Current Legislation: The Human Rights Act 1998 has played a significant role in providing both individual and collective rights. It incorporates the European Convention on Human Rights (ECHR), making it legally binding in the UK.
Equality Act 2010: This legislation has enhanced the protections offered, making individual rights more accessible and addressing discrimination.
Even though there are valid concerns about the adequacy of protections for both rights, one can argue that substantial legal frameworks do exist to safeguard these rights in the UK. Therefore, while criticisms are warranted, the notion that neither individual nor collective rights are protected is an oversimplification.
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