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A level Law: Human Rights Law > 5.5 European Convention on Human Rights 1953 > Flashcards

5.5 European Convention on Human Rights 1953 Flashcards

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1
Q

Status of the European Convention on Human Rights in the UK:

When and why was the Convention signed

A

After WWII, to prevent the wartime atrocities from happening again

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2
Q

Status of the European Convention on Human Rights in the UK:

When did the Convention get incorporated into english domestic law

A

2000, when The Human Rights act 1998 was fully incorporated

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3
Q

Status of the European Convention on Human Rights in the UK:

Before The Human Rights Act 1998 how did UK citizens have to bring up breaches to basic Human Rights

A
  1. routes of redress by testing existing laws to see if they are compatible with convention rights
  2. Bring claim to the European Court of Human Rights
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4
Q

Impact of decisions of the European Court of Human Rights

What are some critisisms the European Court of Human Rights

A
  • It can take years for a case to be heard, some breaches can be abandoned before they even reach the court.
  • Having a panel of 7 judges to make an unbiased decision can lead to decisions taking very long
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5
Q

Breaches of the Convention by the UK

What is a case example of breaches of the convention

A

Sunday Times v United Kingdom (1979)

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6
Q

Breaches of the Convention by the UK

Facts of Sunday Times v United Kingdom (1979)

A

The government wanted to prevent publication of the thalidomide scandal under the UK’s contempt laws, Sunday Times brought an action in the European Court of Human Rights.

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7
Q

Breaches of the Convention by the UK

Held in Sunday Times v United Kingdom (1979)

A

The European Court of Human Rights held injunction violated their freeddom of expression under article 5.

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8
Q

Article 2:

What is the article 2

A

The right to life
- restricted right

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9
Q

Article 2:

  • Explain the right to life
A

No one can take someones life without just cause

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10
Q

Article 2:

What is a restricted right

A

exceptions put into place to remove status as an absolute right with valid reasons

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11
Q

Article 2:

what is an arguement against this article

A

If there is a right to life, there must be a citizen’s right to end/take their life (suicide)

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12
Q

Article 2

Case outlines this arguement against the right to life

A

Pretty v UK (2002)

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13
Q

Article 2:

Pretty v UK facts

A

Applicant was suffering from motor nueron disease which left her paralysed but she could still make lucid decisions. She wanted husband to assist suicide and wanted to make sure he woulnd’t be prosecuted under the Suicide Act 1961.

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14
Q

Article 2:

Held in Pretty v UK (2002)

A

Her arguement was unsuccesful in domestic courts, so she appealed to the European Court of Human Rights. This was also unsuccesful.

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15
Q

Article 2:

Reasons for dismissal in Pretty v UK (2002)

A
  • Article 2 ensured that a citizens life could not be readily taken by countries in which they lived
  • While theres a right to life, theres no expressed or implied corresponding allowance to take life
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16
Q

Article 2(2):

What can this right be restricted

A

Under ‘justified’ circumstances

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17
Q

Article 2(2):

What are the 3 ‘justified’ circumstances outlined in section 2

A

a) in defence of any person from unlawful violence

b) in order to effect a lawful arrest or to prevent escape of a person lawfully detained

c) in action lawfully taken in quelling a riot or insurrection

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18
Q

Article 2(2):

example of what clause (a) (in defence of any person against lawful violence) would cover

A

using necessary force in helping someone from being attacked but the attacker dies

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19
Q

Article 2(2):

example of what clause (b) (to effect a lawful arrest or to prevent escape of a person lawfully detained) would cover

A

police use necessary force when arresting someone or impending someone from escaping arrest

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20
Q

Article 2(2)

example of what clause (c) (in action lawfully quelling a riot or insurrection) would cover

A

necessary force used in subduing a riot or similar violent upbringing

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21
Q

Article 5:

What does this right cover

A

the right to liberty and security of a person

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22
Q

Article 5:

define liberty

A

being free within a society from oppressive restriction imposed by authority on one’s way of life

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23
Q

Article 5:

Define security of a person

A

individual cannot have their liberty removed or restricted without just cause

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24
Q

Article 5:

article 5(1), what is clause (a) (justified exception of liberty)

A

(a) - lawful detention of a person by a competent court.

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25
Q

Article 5:

article 5(1), what is clause (b) (justified exception of liberty)

A

(b) - lawful detention of arrest of a person who’s no compliant with lawful order of a court, or to secure fulfilment of any obligation prescribed by law

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26
Q

Article 5:

article 5(1), what is clause (c) (justified exception of liberty)

A

(c) - lawful detention or arrest of a person to in purpose of bringing him before competent legal authority on reasonable suspicion of committing offence, or when reasonable to prevent him committing an offence

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27
Q

Article5(2) - 5(5): additional requirements to justify deprivsion of liberty in cases of lawful arrest or detention:

What does artice 5(2) say?

A

everyone arrested should be informed promptly, in a language they understand, of the reasons for his arrest and any charges against him

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28
Q

Article5(2) - 5(5): additional requirements to justify deprivsion of liberty in cases of lawful arrest or detention:

what does article 5(3) say

A

anyone arrested under clause (c) of article 5(1) should be brought to a judge promptly to exercise judicial power, entitled to trial within reasonable time

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29
Q

Article5(2) - 5(5): additional requirements to justify deprivasion of liberty in cases of lawful arrest or detention:

what does article 5(4) say

A

an arrested person is entitled to a swift trial to prove lawfulness (innocence or guilt) of his arrest.
- includes appeals against decision

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30
Q

Article 5(4):

case example of this

A

MH v UK (2013)

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31
Q

Articel 5(4):

Facts of MH v UK (2013)

A
  • Women with down syndrom placed in hospital
  • Mental Health Act 1983 allowed 28 days stay for those with mental health issues.
  • During this time womens mother applied for her released and got denied
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32
Q

Article 5(4)

Held in MH v UK (2013)

A
  • lack of remedies for persons or their representaties during the detention time breached article 5(4) of the convention.
  • inability of a woman to challenge her detention under s2 of the Mental Health act 1983 violated her human rights under article 5.
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33
Q

Article5(2) - 5(5): additional requirements to justify deprivasion of liberty in cases of lawful arrest or detention.

Article 5(5) what does it say

A

If any rights under article 5 have been breached, the arrested person is entitled to compensation

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34
Q

Article 8:

what does article 8 cover

A

the right to respect for family and private life

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35
Q

Article 8:

define right to respect for family and private life

A

no one without just cause can interfere with your right to live a free life

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36
Q

Article 8:

Give some examples of acts of parliemant that have been passed in order to comply with this article

A

The Data Protection Act 1998

Freedom of Information Act 2000

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37
Q

Article 8:

every person has a right to respect…

A

privacy

family life

home

correspondence

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38
Q

Article 8(1):

explain ‘Privacy’

A

citizens have the right to live their in a way the choose, in private

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39
Q

Article 8:

what are some examples of ‘privacy’

A

choosing sexuality

appearance

40
Q

Article 8:

case illustration of ‘privacy’

A

Douglas v Hello! (2001)

41
Q

Article 8:

Facts of Douglas v Hello! (2001)

A

Micheal DOuglas and Catherine sued Hello! magazine after they published unauthorised photographs of their wedding, they seeked injunction.

42
Q

Article 8:

Held in Douglas v Hello! (2001)

A

Court had to balance couples right to privacy and magazines freedom of expression. Court sided with magazine as the couple allowed another magazine to take photos of wedding

43
Q

Article 8:

explain ‘Family life’ + some examples

A

resecting another persons choices on how they conduct family relationships
- sexual activity
- whether they marry or not

44
Q

Article 8:

Explain ‘Home’

A

respect a persons right to occupy or access their home without interference from public authority

45
Q

Article 8:

Explain ‘Correspondence’

A

Respecting a persons post, emails, phone calls, texts etc…

46
Q

Article 8(2):

when can article 8 (right to respect family life and private life) be restricted

A
  1. if their a law required in a democratic society
  2. benefits national security, protects economic-wellbeing and public safety
  3. prevents crime
  4. protects health and morals of citizens
  5. protects rights and freedoms of others
47
Q

Article (10)

What does this article cover

A

freedom of expression

48
Q

Article 10:

what are some examples of how the freedom of expression be achieved

A
  • freely coverse with anyone about topics and ideas
  • publishing newspapers, articles or magazines
  • through arts, paintings and theatrical performance
49
Q

Article 10:

What’s one misunderstanding of the freedom of expression by UK citizens?

A

some citizens believe it gives them freedom of speech, which it doesn’t due to restrictions.

50
Q

Article 10:

What exactly does this freedom allow?

A

Recieve information and ideas…

… and communicate information and ideas

51
Q

Article 10:

What case illustrates the role of the freedom of expression?

A

Handyside v UK (1976)

52
Q

Article 10:

Facts of Handyside v UK (1976)

A

Handyside published ‘The Little Red Schoolbook’ in the UK. A chapter contained information about sex, to which he was charged with having in his possession an obscene publication for gain.

53
Q

Article 10:

Held in Handyside v UK (1976)

A

European Court of Human Rights held there was no violation of Article 10, UK’s right to interfere with H’s freedom of expression was allowed by domestic laws

54
Q

Article 10(2):

When can the freedom of expression be restricted?

A
  1. Benefits national security, public safety
  2. prevents crime
  3. protects health and morals of citizens
  4. protects reputation and rights of citizens who might be affected when exercising this right
  5. prevents revelation of info gained in trust
  6. Maintains nutrility in the judiciary
55
Q

Article 10:

Why was section 12 of The Human Rights Act 1998 added?

A

to add further restrictions to Article 10, freedom of expression

56
Q

Article 10:

What did section 12 of The Human Rights Act consist of

A

States courts must regard importance to article 10 when granting ‘relief’. For example a court should not impose an injunction without respondent being notified.

57
Q

Article 11:

What does this article cover?

A

Freedom of assembly and association

58
Q

Article 11:

define freedom f assebely and association

A

you are able to gather and associate with other people for peaceful reasons

59
Q

Article 11:

What is the difference between ‘the freedom to come together’ and ‘the freedom to come together with individuals of their choosing’

A

‘The freedom to come togetehr with individuals of their choosing’ basically means no one can force you to join any trade unions or political parties etc…

60
Q

Article 11:

What inspired for this right to be bron?

A

the restrictions the Nazi Party put in place to prevent associations coming together to try and overthrough them

61
Q

Article 11:

Define ‘Assembly’

A

citizens can gather with other citizens as a group for lawful reasons

62
Q

Article 11:

Define ‘Association’

A

citizens can form lawful groups, organisations or clubs for their own interest

63
Q

Article 11:

Case that illustrates this article

A

ASLEF v UK (2007)

64
Q

Article 11:

ASLEF v UK (2007) facts

A

Trade union expelled one of its members for being an activist for the Brittish Nationalist Party. Memebr took them to employment tribunal and was successfully readmitted.

65
Q

Article 11:

ASLEF v UK (2007) held

A

European Court of Human Rights states there was a violation of article 11: ‘just as a person has a right to join a union, the union has a right to not admit a person for legitimate reasons’

66
Q

Article 11:

ASLEF v UK (2007) point of law

A

The members views were at odd with the unions views

67
Q

Article 11(2):

When are the justifiable exceptions where article 11 can be restricted

A

a) benefits national security or public safety

b) prevents disorder or crime

c) protects health and morals of citizens

d) protects rights and freedoms of others

68
Q

Article 11(2):

what are some of the ways these restrictions can be put into place

A

By a curfew, the countries armed forces, police etc…

69
Q

Enfrocement of rights and freedoms:

How can rights in freedoms be enforced in the UK?
And what are the exceptions of these enforcements

A

Enforced in the UK courts
- unless restrictions apply

70
Q

Enfrocement of rights and freedoms:

What will happen when domestic law cannot provide a solution to Human Rights issues

A

Issue will be taken up with the European Court of Human Rights.

71
Q

Claims before the European Court of Human Rights:

Describe the features of the European Court of Human Rights.

A

Based in Starsbourg France

  • Judges represent each member of states
  • Judges are independent, don’t represent their countries interests
  • Panel of 7 Judges
72
Q

Claims before the European Court of Human Rights

What happens when a claim is brought to the European Court of Human Rights

A

Panel of 3 judges hear the cases’ merits, if they believe cases has an arguement, then it’s taken to panel of 7 judges.

73
Q

Claims before the European Court of Human Rights:

How and when can citizens bring a claim to the ECoHR

A

When citizens exhaust all means of redress for their complaints in domestic courts, petetion can be made to the European Commission of Human Rights.

74
Q

Claims before the European Court of Human Rights

Role of the European Commision of Human Rights.

A

Hear merits of the case before giving the petetion to the full court.

  • Will attempt to resolve it with member states’ government in amicable manner before sending case to court
75
Q

Claims before the European Court of Human Rights

What is the time period that a petittion can be made

A

6 months after redress has been denied from domestic court at the top of the hierachy of their respective court structure.

  • In UK this would be the Supreme Court
76
Q

Claims before the European Court of Human Rights

How were rights and freedoms protected in UK laws before the Human Rights Act 1998

A

UK, statute and common law all protected some rights and freedoms from the Convention befroe the introduction of the 1998 act.

77
Q

Claims before the European Court of Human Rights

Before the enactment of the Human Rights Act 1998, how were some rights and freedoms protected in the UK.

A

Protected through UK, common and statute law

78
Q

Claims before the European Court of Human Rights:

Under the Human Rights Act 1998, when can citizens bring a claim to domestic courts

A

In arguement that a public body has breached their rights and freedoms. If court agrees, remedy issued

79
Q

Claims before the European Court of Human Rights

What is a case that demonstrates conflict between domestic law and the Convention

A

H v Mental Health Review Tribunal (2001)

80
Q

Claims before the European Court of Human Rights

Facts of H v Mental Health Review Tribunal (2001)

A

Court of Appeal held that certain subsection of s72(1) of mental health act were incompatible with Article 5(1) and 5(4) of the Convention.
- Court could only declare incompatibility, not change the law

81
Q

Effects of decisions on states and claimants

What are the effetcs of the decisons of the European Court of Human Rights on states?

A

find state in breach and award compensation to a claimant

  • cannot make state change laws
  • relies on state to voluntarily change the laws
82
Q

Effects of decisions on states and claimants

What are the effects of the decisions of the European Court of Human Rights on claimants

A

Most appropriate decision is to award compensation, but this isn’t guaranteed.

  • courts can’t force states to compensate
83
Q

Judicial Review

define ‘judicial review’

A

process that allows citizens to challenge certain decision of the government or other public bodies, if ‘reasonable’

84
Q

Judicial Review

Outline the process of judicial review

A

Reinforces the canon that everyone is equal beneath the law, like public bodies and their officials

85
Q

Judicial Review

What does judicial review challenge

A

Decisions in courts

86
Q

Judicial Review

Where is judicial review carried out

A

The Queens Bench Division of the High Court

87
Q

Judicial Review

What are the 3 main principles of the judicial review

A
  1. Illigality
  2. Irrationality
  3. Irregularity
88
Q

Judicial Review

Define ‘Illigality’

A

decisions of public body includes a mistake of law, or if public body has gone beyond what the law allows

89
Q

Judicial Review

Define ‘Irrationality’

A

Decision of public body is so unreasonable, no reasonable public body would make the same decision

90
Q

Judicial Review

Define ‘Irregularity’

A

decision of public body has not followed a correct procedure

91
Q

Judicial Review

What are the 3 different remedies for Judicial Review, other than compensation or injunction

A
  1. Prohibition
  2. Certiorari
  3. Mandamus
92
Q

Judicial Review

Define ‘Prohibition’

A

preventspublic body from continuing with the decision and preventing it from happening again

93
Q

Judicial Review

Define ‘Certiorari’

A

Allows High Court to quash decision made by public body

94
Q

Judicial Review

Define ‘Mandamus’

A

Forces public body to do something,

example: hearing a case they refused to hear

95
Q

Judicial Review

Case example of Judicial Review

A

Council of Civil Service Unions vs Minister for the Civil Service (1984)

96
Q

Judicial review

Facts of Council of Civil Service Unions v Minister for the Civil Service (1984)

A

All employees of the Governemnt Communication HQ were prohibited from joining any trade unions. Decision justified by potential threat to national security

97
Q

Judicial Review

Held in Council of Civil Service Unions v Minister of Civil Service (1984)

A

Lords stated ‘where prerogative power was delegated from the monarch, the exercise of that power could be amendable vio Judicial Review’

  • therefore ministers decision could still be reviewed

A level Law: Human Rights Law (15 decks)

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