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Mr Andrew Morel

BA, MA, PGCE, MEd

Ysgol Uwchradd Llanidloes High School

Politics AS Spring 2024 Sessions:

  • Session 1: Comparison between the Universal Declaration of Human Rights and the European Convention of Human Rights
  • Session 2: Comparison of the House of Lords and House of Commons
  • Session 3: Comparison between the Prime Minister (UK) and First Minister (Wales)

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Task:

Revision is about re-using the knowledge you have to ensure it is familiar in your mind; clearly siloed with the specification; and to make connections to use that knowledge in new ways.

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These are all things the exam you’ll sit will require.

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Therefore, use this venn diagram whilst listening to this revision video to help do these three things.

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The Universal Declaration of Human Rights

  • The Universal Deceleration of Human Rights was adopted by the United Nations (UN) General Assembly in December 1948. Since this date over 150 countries have since it was created in 1948
  • The Declaration was the first international recognition that all human beings have fundamental rights and freedoms and it continues to be a living and relevant document today
  • It came about following the atrocities committed during World War II to protect all human beings everywhere. It closely followed the thoughts and writings at the time, including that of H. G Wells (author of War of the Worlds)

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The Universal Declaration of Human Rights

The UDHR has inspired more than 80 international conventions and treaties on Human Rights around the world since

It is hoped that if everyone recognises that all human beings have the same basic, equal rights, then this will lead to freedom, justice and peace in the world.

It lists 30 specific ‘articles’ that the United Nations believes every human being is entitled to.

Example Rights from the UDHR:

Article 3: ‘Everyone has a right to life, liberty and security of person’

Article 7: ‘All are equal before the law and are entitled without any discrimination to equal protection of the law’

Article 16: ‘Men and women…have the right to marry and to found a family’

Article 17: ’Everyone has the right to own property’

Article 20: ‘Everyone has the right to freedom of peaceful assembly and association’

Article 26: ‘Everyone has the right to education’

Article 29: ’Everyone has duties to the community’

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The European Convention on Human Rights

The European Convention on Human Rights (ECHR) lists 123 Articles of Human Rights for the citizens of Europe. The ECHR was established by international treaty which makes the ECHR regional law. It is a legal agreement that European countries can sign up to.

The UK signed up to the ECHR in 1951.

The original Treaty (the Treaty of Rome, 1950) describes the reasons for the convention as ‘’the aim of the Council of Europe is the achievement of greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of Human Rights and Fundamental Freedoms’’ (Treaty of Rome, 1950)

The European countries that signed the convention state that they are ‘’resolved, as the governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration’’ (Treaty of Rome, 1950)

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As you can see there have been 6 additional ‘protocols’ to the ECHR adding new rights each time.

Today 46 countries in Europe have ratified the ECHR

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The European Convention on Human Rights

As you will see many of the articles are similar to the 30 listed in the Universal Declaration of Human Rights, however, as there are 138 of them there are additional ones.

As the European Union grows, which places a condition on membership as having signed the European Convention on Human Rights, so the number of countries that agree to it has increased since 1950 when it was first made.

Most recently Montenegro joined in 2007 after its independence.

Example Rights from the ECHR:

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Treaty of Rome (1950)

Article 3: ‘Prohibition of torture’

Article 7: ‘No punishment without law’

Article 10: ‘Freedom of expression’

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Strasbourg (1963)

Article 2 ‘Freedom of movement’

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Strasburg (1984)

Article 2: ‘Right to appeal in criminal matters’

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How is the UDHR enforced?

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  • Therefore, the UDHR is not law, but is more a moral code that countries are held to, showing whether or not they respect the people they govern.
  • Nonetheless, it has inspired 80 other treaties and conventions, like the ECHR, which put some of these rights in to law.
  • Some charities use the UDHR as the indicator of human rights abuses- most famously the human right’s charity Amnesty International use it as their yard stick, highlighting human rights abuses like the Rohingya Muslim genocide in Myanmar (article 3) and the British Government’s introduction of the Police, Crime, Sentencing and Courts Act 2022 to prevent freedom of peaceful association (article 20)

‘The UDHR has become a yardstick by which we measure respect for what we know, or should know, as right and wrong. It is our duty to ensure that these rights are a living reality – that they are known, understood and enjoyed by everyone, everywhere…

Ban Ki Moon ex-Secretary General of the UN

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How is the ECHR enforced?

  • The European Convention on Human Rights also lists article that establishes a court to uphold this international law. Therefore the ECHR is supported by the European Court of Human Rights. UK courts interpret the ECHR within the UK, French courts within France etc.
  • However, if you have taken your case through all possible national courts, but your human rights are still not being protected, then you can try to take your case to the European Court of Human Rights that is the ultimate decider on the ECHR.
  • This court is based in Strasbourg, France with judges from each of the 46 countries that have joined the ECHR. However, taking a case here is quite rare and can be very expensive.

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Do they change?

The UDHR has not, the ECHR has changed 6 times. There are advantages and disadvantages to this.

Static which means that these rights have not changed and wont change in response to how the world changes. People might see this as a good thing as Human Rights become inalienable (not to be taken away) despite any changes and can’t ever be swapped out or taken away.

Evolving meaning it can be changed and updated in response to the word changing. People would say this is good as it is more flexible.

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What is the Universal Declaration and European Convention not?

  • The Universal Declaration is not the United Nations Convention on the Rights of a Child. These two are often confused. The UDHR applies to everyone, the UNCRC only applies to children.
  • Nor is the UDHR the Human Rights Act in the UK. The Human Rights Act (1998) is a specific British law that only applies in Britain-although it is based heavily on both the UDHR and ECHR
  • ECHR is not a part of the European Union. Therefore, just because Britain has left the European Union it doesn’t mean we have left the ECHR. The ECHR still applies in Britain and does so in other countries that aren’t EU members.

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ECHR and UDHR in the news

  • A lot has been said recently about Britain leaving the ECHR. This is particularly since Britain has left the EU and the failure of the current government to implement its policy of sending asylum seekers to Rwanda.
  • This is not to be confused with Britain intending to remove its name from signatories to the UDHR. This may be because the UDHR is not legally enforceable so you can promise to uphold it, but no-one can do anything about it if you don’t follow that moral yardstick.

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Section B in the Exam:

  • This is an exam question from section be of the Unit 2 paper in 2019. As you can see the specific question ask you to compare and contrast the role of
  • To do this you would need to identify similarities and differences.

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Section B in the Exam:

  • This is exactly what we have been doing and the question opposite could very feasibly be an exam question

The Universal Declaration of Human Rights remains as relevant today as it was on the day in 1948 that it was proclaimed and adopted by the United Nations General Assembly. The extraordinary vision and resolve of the drafters produced a document that, for the first time, articulated the rights and freedoms to which every human being is equally and inalienably entitled. The Universal Declaration of Human Rights has become a yardstick by which we measure respect for what we know, or should know, as right and wrong. It is our duty to ensure that these rights are a living reality – that they are known, understood and enjoyed by everyone, everywhere…

Read the extract below and answer the question that follows:

Extract adapted from a speech made by Ban Ki Moon ex-Secretary General of the UN

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Using extract A as well as your own knowledge compare and contrast the Universal Declaration of Human Rights and the European Convention on Human Rights [24]

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Section B in the Exam:

Structure:

  • Use extract to identify similarities
  • Use extract to identify differences
  • Use your own knowledge to identify similarities
  • Use your own knowledge to identify differences

The Universal Declaration of Human Rights remains as relevant today as it was on the day in 1948 that it was proclaimed and adopted by the United Nations General Assembly. The extraordinary vision and resolve of the drafters produced a document that, for the first time, articulated the rights and freedoms to which every human being is equally and inalienably entitled. The Universal Declaration of Human Rights has become a yardstick by which we measure respect for what we know, or should know, as right and wrong. It is our duty to ensure that these rights are a living reality – that they are known, understood and enjoyed by everyone, everywhere…

Read the extract below and answer the question that follows:

Extract adapted from a speech made by Ban Ki Moon ex-Secretary General of the UN

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Using extract A as well as your own knowledge compare and contrast the Universal Declaration of Human Rights and the European Convention on Human Rights [24]

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Politics AS Level

Timetable:

  • Session 1: Comparison between the Universal Declaration of Human Rights and the European Convention of Human Rights
  • Session 2: Comparison of the House of Lords and House of Commons
  • Session 3: Comparison between the Prime Minister (UK) and First Minister (Wales)

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We will hold a Live Question and Answer session on Tuesday 6th February 2024 between 18.30 and 19.15. Join us to ask anything you are unsure of.

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Thank you very much for using this resource as I have shared with you some tips to succeed at Politics AS. All the very best in your exams!