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Model AQA Law Q9 Paper 3 Theory 15 Markers

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Teacher-checked and reviewed model 15 mark answers for the Paper 3 Question 9 A-Level AQA Law paper, although these answers could apply across multiple of the different papers. These answers would achieve 11/12 marks out of 15 in the exam and deal sufficiently with the theory and the different assessment objectives required by the exam board for this notoriously difficult question.

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LAW PAPER 3 QUESTION 9

Previous question nines:
NOV 2020: Law now plays an important role in society in protecting and promoting
human rights. Examine the meaning and nature of ‘human rights’. Discuss the
reasons for regarding freedom of expression as a human right.
NOV 2021: Examine what is meant by ‘justice’ and discuss the extent to which the
legal rules on the right to liberty and security of person, under Article 5 of the
European Convention on Human Rights, may achieve justice for all concerned.
JUNE 2022: Examine the suggestion that the law has an important role to play in
balancing conflicting interests. Discuss the extent to which this role is evident in the
context of human rights.
JUNE 2023: Examine the extent to which legal rules and moral rules are related.
Discuss the extent to which rules in Human Rights law reflect rules of morality.
JUN 2024: Examine what is meant by ‘justice’. Discuss the extent to which the
remedies available for a breach of human rights may achieve justice.
JUN 2025: Examine the view that the law has an important role to play in balancing
conflicting interests. Discuss the extent to which this role can be seen in rules on the
protection of a person's reputation in the general context of the law on human rights

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Examine the meaning and nature of ‘human rights’:

Human rights are universal freedoms granted to every person simply because
they exist, these rights can not be given or taken away. They ensure that all
individuals are treated fairly, with dignity and equality. For example, article 2
concerns an individual's right to life, and is an absolute right, meaning it cannot
be taken away. This article prohibits infringement on another's life, however, it
does not give them a right to die, under article 2(2). Human rights generally fit
into two categories. Civil rights protect an individual's freedom from state
interference. Examples include the right to life, freedom of speech, freedom of
religion, and the right to a fair trial. Economic, Social, and Cultural Rights,
however, ensure individuals have access to the essentials of a dignified life.
Examples include the right to education, the right to health, and the right to
work. This concept stems from natural rights, as proposed by John Locke, who
believed that humans are born with the fundamental right to life, property, and
liberty, which is reflected in human rights due to their absolute and inalienable
nature. While human rights are inherent, they do need to be protected by law,
for example, legislation in the 1948 Universal Declaration of Human Rights

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