Human Rights - 2024 Paper 1

Critically evaluate the effectiveness of the Human Rights Act 1998 in protecting fundamental rights in the United Kingdom. To what extent has the Act achieved a satisfactory balance between parliamentary sovereignty and judicial protection of rights?

The government introduces emergency legislation, the Public Safety Act 2024, which: (a) allows police to detain terror suspects for up to 90 days without charge; (b) bans all public protests within 1 mile of government buildings; and (c) requires internet service providers to provide real-time access to all users' browsing data without judicial authorisation. Ahmed, a political activist, is detained for 45 days without charge under the Act. His wife, Bushra, is prevented from organising a peaceful protest outside Parliament. Advise Ahmed and Bushra on potential human rights challenges to these provisions.

Discuss the concept of proportionality in human rights law. How do the courts apply the proportionality test when determining whether an interference with a qualified Convention right is justified?

Fatima, a prisoner serving a life sentence for murder, alleges that conditions in her prison violate her human rights. She is confined to her cell for 23 hours per day due to staff shortages, has been denied access to mental health treatment despite diagnosed PTSD, and was subjected to a strip search conducted by male officers. She has also been denied the right to vote in a general election. Advise Fatima on her potential human rights claims under the ECHR and HRA 1998.

Analyse the right to life under Article 2 ECHR. Discuss the scope of the state's positive and negative obligations and the procedural duty to investigate deaths. How have the courts interpreted these obligations in the context of deaths in custody and healthcare?