Writers: Khushi Kaushal, Zeyneb Rubaiet
Date Written: 12/02/2025
Human rights protections are a vital aspect of current democracies; however, their
enforcement and value are often controversial. While advocates campaign for fiercer
legal defenses for vulnerable sectors of society (including disabled people, refugees,
children, and marginalised communities)- critics contend that legal mechanisms alone
do not recognise the fundamental societal and economic disparities.
In the UK, ongoing discussions question whether current legal frameworks effectively
safeguard human rights or if they create excessive legal and financial pressures on
institutions, potentially reducing efficiency and responsiveness.
The UK’s main legal frameworks:
The UK has a powerful legal framework for human rights, deriving from domestic
legislation international agreements and European law. However, the success of these
legal mechanisms is a focus of public scrutiny.
The Human Rights Act 1998 (HRA) seeks to integrate the European Convention on
Human Rights (ECHR) into UK law; however, critics argue that its ambigious language
and far-reaching application has led to inconsistency in rulings and delay in justice for
those who need it the most.
Apart from the HRA 1998, the UK seeks to safeguard Human Rights through the following provisions:
• The Equality Act 2010 – Intended to prohibit discrimination but sometimes it has been criticised for being burdensome for businesses and public institutions, often leading to lack of compliance.
• The Modern Slavery Act 2015 – Intends to fight human trafficking and forced labour, however its weak enforcement mechanisms limit the impacts.
• The Children Act 1989 & 2004 – Spotlights on child protection but understaffing of social services leads to concerns about how well it is enforced and its efficacy
However, all these provisions are a focal point of scrutiny- do they really serve their
purpose, or does excessive inefficiency and inconsistency in ruling weigh them down?
Practical application of Human Rights:
Whilst on paper the UK seems to safeguard human rights, the real-world application is
often obstructed by structural inadequacies and prioritising other political issues.
Several pressing concerns illustrate the challenge of translating legal protections into
meaningful change:
1. Is there adequate access to justice?
Budget cuts to legal aids has excessively affected vulnerable individuals, reducing
their capacity to face rights violations. Despite existing protections, disparities in
justice outcomes highlight persistent structural inequalities in access to legal
support and representation.
2. Is there a good enough balance between Immigration Policy with Human Rights and National Sovereignty?
Policies including the Rwanda asylum plan is shielded by concerns for national
security but condemned by human rights organisations for destabilisation of
fundamental protections. This tension highlights how challenging it is to balance
legal obligations and political and public sentiment.
3. Are social welfare protections that effective?
The Equality Act 2010 seeks to reduce discrimination. Unfortunately, economic
policies frequently undermine these protections.
For instance, the rollout of Universal Credit has led to increased financial
hardship for disabled individuals, implying that legal agendas cannot tackle the
wider systemic inequalities alone. Without sufficient investment, legal defences
are at risk of being empty promises rather than transformative protections.
4. Are Labour Rights Truly Protecting Workers from Exploitation?
The Modern Slavery Act 2015 was seen as a breakthrough policy; however, its
enforcement has been fickle. Human trafficking victims have had to battle legal
systems to receive basic support, hence exploitative labour practices have
continued, especially in low-wage industries. The failure of enforcement raises a
debate on whether policy interventions should prioritise economic incentives
over purely punitive measures.
Case Studies on Human Rights Protection in the UK:
Social Welfare- The Benefit Cap Controversy:
The benefit cap policy was introduced to limit welfare payments, though in practice,
has disproportionately impacted lone parents. A key case is the DA & DS Judicial
Review Cases Against the Secretary of State for Work and Pensions, where claimants
argued that their human rights weren't protected as they were being pushed into
poverty. Despite significant concerns about the Benefit Cap's negative impact, the
Supreme Court ultimately determined that the government had the authority to
implement the policy.
This undermines the Equality Act 2010, which aimed to prevent discrimination.
Instead, welfare reforms have deepened inequalities, raising concerns about the ability
of legal protections to safeguard vulnerable groups without adequate economic
support.
Access to Justice- The Legal Aid Crisis:
The legal aid system was designed to ensure equal access to justice, yet the harsh
reality is that the budget cuts have disproportionately harmed vulnerable individuals.
A significant case relevant to the obstacles faced by some domestic abuse survivors
found that the proportion of domestic abuse cases funded by legal aid had fallen from
75% to 47%. Many survivors, unable to afford legal representation, are often left to
either represent themselves in court or abandon legal action overall. This highlights
how financial barriers don't allow people to exercise their legal rights.
Media and human Rights Discourse:
The media is crucial in molding public understanding on human rights issues, often
shedding light to the violation of human rights. The growth of social media influence
amplifies the voices of marginalised groups, allowing awareness and activism to take
place. For example, the widespread media coverage of the 'Black Lives Matter'
movement highlighted the need for the protection of fundamental rights, to protect
individuals from systematic inequalities, racial discrimination, and policy brutality.
The media pushed for international attention and conversations to spark, driving
social change and improvement.
Future Directions for Human Right Protection in the UK:
The future of human rights protection in the UK is evolving in response to both
domestic and international pressures. There are ongoing debates over the UK's legal
framework, particularly in the post-Brexit era.
As the debate continues, the public are forced to wonder: can the UK effectively protect
human rights in an ever-changing world?
References:
BBC News, 2020. 'US police killings: Why some say George Floyd's death was a
turning point.' BBC News. Available at: https://www.bbc.com/news/world-us-canada53273381 [Accessed 9 February 2025].
Supreme Court of the United Kingdom, 2020. 'Case Summary: UKSC 2018/0061'.
Supreme Court. Available at: https://www.supremecourt.uk/cases/uksc-2018-
0061#case-summary [Accessed 9 February 2025].
Carter, H., 2022. Thousands of domestic abuse survivors denied help after legal aid
cuts, study finds. The Guardian, 29 April. Available at:
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