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      What does the judiciary have to do with human rights?

      Lesson details

      Learning outcome

      I can explain how the judiciary can be seen to work both for and against human rights.

      Key learning points

      1. There is a clear relationship between the judiciary and human rights.
      2. The judiciary strengthen human rights through equality before the law, fair, public trials and appropriate sentencing.
      3. They also allow citizens to defend their rights through the civil courts.
      4. The judiciary has been accused of failing rights, e.g. Rwanda policy, Belmarsh dentention case, Tony Nicklinson case.

      Keywords

      • Judiciary - the branch of the state that is responsible for enforcing the law; it is composed of judges and other legal officials

      • Human rights - basic rights and freedoms that all people are entitled to

      • Court - a formal legal institution where disputes are heard and resolved, and where justice is administered according to the law

      Common misconception

      The judiciary always protects and strengthens human rights, no matter what.

      The judiciary plays a key role in defending rights, but it does not always act quickly or strongly enough. Judges often follow the law as it is written, and sometimes they decide that Parliament, not the courts, should make the final decision.

      Teacher tip

      There are media interviews and newspaper reports still available online regarding the Tony Nicklinson case, which could be explored in more detail in relation to the final court decision.

      Content guidance

      Depiction or discussion of discriminatory behaviour

      Depiction or discussion of sensitive content

      Depiction or discussion of serious crime

      Depiction or discussion of sensitive content

      Depiction or discussion of mental health issues

      Depiction or discussion of sensitive content

      Depiction or discussion of serious crime

      Supervision

      Adult supervision required

      Licence

      This content is © Oak National Academy Limited (2025), licensed on Open Government Licence version 3.0
      except where otherwise stated. See Oak's terms & conditions
      (Collection 2).

      Lesson video

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      Prior knowledge starter quiz

      6 Questions

      Q1.
      The branch of the state that is responsible for enforcing the law and is composed of judges and other legal officials is known as what?

      the executive
      the legislation
      the monarch
      Correct answer: the judiciary

      Q2.
      Which is the correct ending to the following sentence? Human rights are basic rights and freedoms that ...

      adults are entitled to
      some people are entitled to
      Correct answer: all people are entitled to
      apply to UK citizens only

      Q3.
      What is the generic name of the formal legal institution where disputes are heard and resolved, and where justice is administered according to the law?

      Correct Answer: court, court room

      Q4.
      Which of the cases below would be heard via civil law, not criminal law?

      murder
      Correct answer: divorce
      fraud
      drink driving

      Q5.
      Match the case to the most likely court that would hear the case in its entirety.

      Correct Answer:adoption,civil court

      civil court

      Correct Answer:minor theft,magistrate court

      magistrate court

      Correct Answer:manslaughter,crown court

      crown court

      Q6.
      Judges, magistrates and justices of the peace do what?

      Correct answer: apply the law
      enforce the law
      deny the law

      6 Questions

      Q1.
      Which of these best describes the right to legal remedy?

      Correct answer: to make right
      to be found not guilty
      to protest
      to conquer

      Q2.
      Who decides whether a case should go to court, based on evidence?

      Correct Answer: Crown Prosecution Service, CPS, The Crown Prosecution Service, The CPS

      Q3.
      What type of law can judges create?

      Correct Answer: common law, common, judge-made law

      Q4.
      In 2019, Meghan Markle, the Duchess of Sussex, made a civil case against the newspaper, the Mail on Sunday, due to which of her rights being violated?

      Correct answer: right to privacy
      right to liberty
      right to an identity
      right to a religion

      Q5.
      Which deportation policy was viewed by many as being a violation of human rights?

      Russian deportation policy
      Ugandan deportation policy
      Correct answer: Rwandan deportation policy
      Romanian deportation policy

      Q6.
      Tony Nicklinson argued in his 2012 court case that being denied the right to assisted dying went against his right to what?

      education
      Correct answer: private life
      freedom of thought
      assemble

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