5.1 Rules in human rights law

Question 1

Before the Human rights act 1998, how were UK citizens protected.

Answer 1

European Convention on human rights

Question 2

When was European convention on Human Rights drafted and set out and why

Answer 2

Drafted in 1950, came into convention in 1953 because of the atrocities of the nazies to prevent it from happening again.

Question 3

Who drafted the European convention on human rights

Answer 3

Council of Europe

Question 4

What is the Conventions Courts

Answer 4

The European Court of Human rights

Question 5

What was the aim of the human rights act 1998

Answer 5

enshrine the convention into domestic law in the UK, albiet with restrictions.

Question 6

Rules and principles of law under the convention: what are the articles of the convention you will learn about

Answer 6

Article 2: right to life

Article 5: right to liberty and security of person

Article 8: right to privacy where there is respect for a private and family life, home and correspondence

Article 10: freedom of expression

Article 11: freedom of a peaceful assembly and association

Question 7

Before the 1998 act how could UK citizens gain access to these rights

Answer 7

had to exhaust domestic laws on human rights before they could gain access to the convention. This was a complicated and expensive process.

Question 8

What was the main reason the UK government introduced the 1998 Human rights act?

Answer 8

So sitizens could have streamline access to their rights and freedoms

Question 9

What was a point of controversy with the introduction of this act?

Answer 9

Some people believed it vastly overprotected criminals rather than aiding victims of the crime.

Question 10

What is a key case for this section

Answer 10

Thompson and Venables v United Kingdom (1999)

Question 11

Facts of Thompson and Venables v United Kingdom (1999)

Answer 11

the 2 10 year old killers of toddler Jamie Bulger argued that there had been a breach of Article 6 (right to a fair trial) due to all the publicity and media surrounding the case.

Question 12

Held in Thompson and Venables v United Kingdom (1999)

Answer 12

They were successful in this complaint of the media surrounding the trail reducing the changes of a fair trial. No compansation was paid but the court awarded their legal costs to be paid.