🔓 The right to liberty
A person should not be locked up or kept under control without a fair reason. Example: the police cannot simply arrest someone and hold them for years with no charge and no trial.
Rights, Equality and Social Justice: Key Ideas » Human Rights and When They Can Be Limited
What you'll learn this session
Study time: 30 minutes
Edexcel spec: Paper 1, 4.1
- What human rights are and where they are written down
- Five basic rights: liberty, equality before the law, freedom of religion, freedom of opinion and freedom of speech
- Why religious and non-religious people support human rights, with examples
- Whether any human right can ever be limited
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Unlock This CourseWhat are human rights?
Human rights are the basic freedoms and protections that every person has simply because they are human. You do not have to earn them, and nobody can give them to you. They are meant to belong to everyone, whatever their age, sex, race, religion or country.
They are set out in important documents:
- The Universal Declaration of Human Rights was agreed by the United Nations in 1948, after the Second World War. It lists the rights that all people should have. It is a statement of ideals, not a law in itself.
- The European Convention on Human Rights is an agreement between European countries, drawn up in 1950. It gave countries a way to protect rights in law.
- The UK's Human Rights Act 1998 brought the rights of that Convention into UK law, so that people can use them in British courts.
Key terms:
- Human rights: basic freedoms and protections that every person has because they are human.
- Liberty: freedom from being held or controlled unfairly.
- Hate speech: words that attack or stir up hatred against people because of who they are, such as their race or religion.
- Incitement: encouraging other people to commit a crime or to do harm.
- Libel: writing something false about a person that damages their reputation.
Five basic rights
The spec names five rights. Learn what each one means, with an example.
⚖️ Equality before the law
The law applies to everyone in the same way. Example: a rich person and a poor person who commit the same crime should be treated by the courts in the same way.
🙏 Freedom of religion
Everyone may hold a religion, change it, or have none, and may practise it with others. Example: one person can worship at their place of worship, and another can choose to follow no religion.
💭 Freedom of opinion
Everyone may think what they like and hold their own views, even if others disagree. Example: you may believe that a government policy is wrong.
🗣️ Freedom of speech
Everyone may share their opinions and ideas in public, by speaking, writing or on the internet. Example: a newspaper can criticise the government, or a person can join a peaceful protest.
🔎 Opinion or speech?
Freedom of opinion is about what you think. Freedom of speech is about what you say. Thoughts do not harm anyone by themselves, but speaking them aloud can affect others, which is why speech is the right most often debated.
Why do people support human rights?
Religious people. In general terms, many religions teach that every person has worth and dignity, for example because people are made or valued by God, or because each life is sacred. They teach that people should be treated fairly and with respect. This gives believers a reason to support rights such as liberty and equality. Each religion explains this in its own way, which you will meet in your own religion's lessons.
Non-religious people. Humanists believe in shared humanity, reason and fairness. They say that all people feel pain and want to live in freedom, so all of us deserve protection. They do not need a belief in God to support rights. They simply argue that a fair society treats everyone as equal.
Examples of people supporting human rights
🌟 A religious example: Malala Yousafzai
Malala is a Muslim from Pakistan who campaigns for every girl's right to education. In 2012, when she was 15, she was attacked for speaking out. She recovered and kept campaigning. In 2014 she shared the Nobel Peace Prize, and she is the youngest person ever to win it.
🌎 A non-religious example: Amnesty International
Amnesty International was founded in 1961 by Peter Benenson, a British lawyer. It is a secular organisation, which means it is not linked to any religion. It campaigns for the release of people held for their beliefs and for human rights across the world. Humanists UK is another organisation that supports human rights.
Can a human right ever be limited?
Most people agree that rights are very important. But many ask whether a right should sometimes be limited, so that other people stay safe. Some rights, such as the right not to be tortured, are never limited. But people disagree about when the five rights above can be. Here are the common reasons given.
🔒 Prison
A person found guilty of a serious crime by a court can lose their liberty. Most people accept this, because it protects others and is a punishment. The liberty is taken away by law, after a fair trial.
🛡️ Public safety and national security
The state may limit rights to stop terrorism or serious crime, for example by watching suspected plotters. Critics say this can go too far and be misused.
📢 Hate speech, incitement and libel
Free speech does not protect words that stir up hatred, encourage violence or tell damaging lies about someone. Limiting speech here protects other people's rights.
🦠 Emergencies such as a pandemic
During the Covid-19 pandemic in 2020, the UK limited where people could go and who they could meet, including at places of worship. Supporters said this saved lives. Opponents said it took away freedom, so it should be temporary and carefully checked.
When one right clashes with another. Sometimes two rights cannot both be fully protected. A person's freedom of speech may clash with another person's freedom to follow their religion without being abused. A court must then balance them.
Different views. Some religious people say that the worth of every life means limits are fine when they protect others. Some want limits on speech that insults their faith, while others, including many believers, say free speech protects believers too. Humanists often say limits are justified only to prevent harm to other people and should be as small as possible. Some people in every group say rights should never be limited, in case the power to limit them is misused.
Common mistakes
- Saying human rights are only for citizens or only for good people. They belong to everyone.
- Mixing up opinion and speech. Opinion is what you think; speech is what you say.
- Saying that all religious people want limits, or that no humanists do. Views differ inside every group.
- Saying that freedom of speech means you can say anything. It does not cover hate speech, incitement or libel.
- Listing limits without explaining them. Say who or what the limit protects.
Exam-style question
(a) Identify three basic human rights. [3 marks] (Paper 1, AO1)
(b) Outline two reasons why religious people support human rights. [4 marks] (Paper 1, AO1)
(c) Explain why some people think that human rights should sometimes be limited. [6 marks] (Paper 1, AO1 and AO2)
(d) 'Freedom of speech should never be limited.' Evaluate this statement, showing you have considered different points of view. In your answer you should refer to at least one religion. [12 marks] (Paper 1, AO1 and AO2)
Model answer
(a) 1. The right to liberty (1) 2. Equality before the law (1) 3. Freedom of religion (1). Freedom of opinion and freedom of speech would also be accepted.
(b) Many religions teach that every person has worth and dignity (1), so everyone should be treated with respect and have basic protections (1). Many religions teach that people are made or valued by God (1), so harming them or locking them up unfairly is wrong (1).
(c) Some people think rights should be limited to protect other people. A person who is found guilty of a serious crime can lose their liberty in prison, because this protects the public and punishes the crime. Free speech may be limited when it is hate speech or incitement, because words like these can lead to violence or hatred against a group. Libel may also be limited because it harms a person's reputation with lies. In an emergency such as a pandemic, rights such as freedom of movement may be limited for a short time to save lives. Finally, when two rights clash, such as speech and freedom of religion, one may need to be limited so that both are balanced. (Level 2: several developed reasons.)
(d) Plan. Agree (it should never be limited): freedom of speech lets people expose wrongdoing and challenge those in power; if the state can limit speech, it might misuse the power to silence critics; people must be free to hold and share views, including religious ones; free argument is a good way to find the truth. Disagree (it should be limited): hate speech and incitement can harm others and lead to violence; libel damages a person's reputation; speech can clash with another person's freedom of religion; a society needs some limits to keep people safe. Religion: add a teaching from your own religion, for example on the worth of every person or on honesty and respect for others, and show whether it supports free speech, limits on it, or both. Say that believers in the same religion may disagree, and contrast this with a humanist view that limits are only for preventing harm. Possible conclusion: speech should be limited only where it clearly harms others, such as incitement and libel, because this protects other people's rights; otherwise it should be free. Or, if you disagree, argue that any limit is dangerous and explain why this outweighs the harm.
Exam tip
In (c), each limit you give needs a reason. Do not just write 'prison'. Write 'prison, because it protects the public'.