2.12 6 markers Flashcards
Explain freedom of
expression
Article 10 = hold own opinions & express them freely without government interference.
This includes the right to express your views aloud (for example through public protest and demonstrations) or through:
— published articles, books or leaflets
— television or radio broadcasting
— works of art
— the internet and social media
The law also protects your freedom to receive information from other people by, for example, being part of an audience or reading a magazine.
Although you have freedom of expression, you also have a duty to behave responsibly and to respect other people’s rights.
Public authorities may restrict this right if they can show that their action is lawful, necessary and proportionate in order to:
— protect national security, territorial integrity (the borders of the state) or public safety
— prevent disorder or crime
— protect health or morals
— protect the rights and reputations of other people
— prevent the disclosure of information received in confidence
— maintain the authority and impartiality of judges
An authority may be allowed to restrict your freedom of expression if, for example, you express views that encourage racial or religious hatred.
However, the relevant public authority must show that the restriction is ‘proportionate’, in other words that it is appropriate and no more than necessary to address the issue concerned.
Observer and The Guardian v United Kingdom [1991]
(The Guardian and The Observer newspapers published excerpts from Peter Wright’s book Spycatcher, which included allegations that MI5 had acted unlawfully)
Explain freedom of association
Article 11= protest by holding meetings and demonstrations with other people
You also have the right to form and be part of a trade union, a political party or any another association or voluntary group.
There are some situations where a public authority can restrict your rights to freedom of assembly and association.
This is only the case where the authority can show that its action is lawful, necessary and proportionate in order to:
—protect national security or public safety
— prevent disorder or crime
— protect health or morals, or
— protect the rights and freedoms of other people.
Action is ‘proportionate’ when it is appropriate and no more than necessary to address the issue concerned.
2010, the English Defence League (EDL) planned a protest in Bradford. A counter demonstration by Unite Against Fascism was also planned. Some local people wanted the protest banned and there were concerns about a repeat of the violent clashes that had happened at previous EDL events but police had to allow it
Explain freedom of religion
Article 9 = freedom of thought, belief and religion
It includes the right to change your religion or beliefs at any time.
You also have the right to put your thoughts and beliefs into action. This could include your right to wear religious clothing, the right to talk about your beliefs or take part in religious worship. Public authorities cannot stop you practising your religion, without very good reason – see the section on restrictions below.
Importantly, this right protects a wide range of non-religious beliefs including atheism, agnosticism, veganism and pacifism. For a belief to be protected under this article, it must be serious, concern important aspects of human life or behaviour, be sincerely held, and be worthy of respect in a democratic society.
Public authorities cannot interfere with your right to hold or change your beliefs, but there are some situations in which public authorities can interfere with your right to manifest or show your thoughts, belief and religion. This is only allowed where the authority can show that its action is lawful, necessary and proportionate in order to protect:
— public safety
— public order
— health or morals, and
— the rights and freedoms of other people.
Action is ‘proportionate’ when it is appropriate and no more than necessary to address the problem concerned.
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R (Williamson and others) v Secretary of State for Education and Employment and others [2005]
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A group of parents and teachers tried unsuccessfully to use Article 9 to overturn the ban on corporal punishment of children in schools
Explain the right to privacy
Article 8 = respect for your private life, your family life, your home and your correspondence (letters, telephone calls and emails, for example).
You have the right to live your life privately without government interference.
The courts have interpreted the concept of ‘private life’ very broadly:
- sexual orientation
- lifestyle
- way you look and dress
- forge relationships
Family= right to enjoy family relationships without interference from government
Home= right to enjoy your existing home peacefully
Can restrict it to:
— protect morals
— protect national security
— protect rights of others
— prevent disorder and crime
— protect public safety
A physical disabilities team- used support workers to help service users enjoy social activities scheme manager refused to take to a gay bar- support workers were not prepared to attend a gay venue violated right to respect for private life.
Goodwin & I v United Kingdom
Explain the right to enjoyment of
liberty
Article 5 protects your right to liberty and security
It focuses on protecting individuals’ freedom from unreasonable detention, as opposed to protecting personal safety.
You have a right to your personal freedom. This means you must not be imprisoned or detained without good reason.
If you are arrested, the Human Rights Act provides that you have the right to:
— be told in a language you understand why you have been arrested and what charges you face
— be taken to court promptly
— bail (temporary release while the court process continues), subject to certain conditions
— have a trial within a reasonable time
— go to court to challenge your detention if you think it is unlawful, and
— compensation if you have been unlawfully detained
Can be restricted if:
— found guilty of a crime and sent to prison
— ignored a court order
— reasonable suspicion that you have committed a crime, someone is trying to stop you committing a crime or they are trying to stop you running away from a crime
— mental health condition which makes it necessary to detain you
— capable of spreading infectious disease
— attempting to enter the country illegally
London Borough of Hillingdon v Neary
Explain the right of enjoyment to a fair trial
Article 6
You have the right to a fair and public trial or hearing if:
— you are charged with a criminal offence and have to go to court, or
— public authority is making a decision that has a impact upon your civil rights or obligations.
You have the right to a fair and public hearing that:
— is held within a reasonable time
— is heard by an independent and impartial decision-maker
— gives you all the relevant information
— is open to the public (although the press and public can be excluded for highly sensitive cases)
— allows you representation and an interpreter where appropriate, and
— is followed by a public decision.
You also have the right to an explanation of how the court or decision-making authority reached its decision.
What rights do you have at a criminal trial?
At crim trial, right to:
— be presumed innocent until you are proven guilty
— be told as early as possible what you are accused of
— remain silent
—have enough time to prepare your case
The right to a fair and public hearing does not always apply to cases involving:
—immigration law
— extradition
— tax
— voting rights.
