6 - Human Rights Flashcards
What are absolute rights
Rights which cannot he interfered with by the state
What are limited rights
Rights that can in certain prescribed circumstances be legitimately interfered with listed in the limitations
What are qualified rights
The first paragraph sets out the substantive rights and the second paragraph lists both the circumstances in which and the methodology by which the rights may be lawfully interfered with
What three circumstances need to occur for the state to interfere with qualified rights
The interference was prescribed by the law, in pursuit of a legitimate aim and was necessary in a democratic society
Procedures of bringing an application
Jurisdiction Standing Admissibility Against whom Hearing stage and appeals at grand chamber Effects of judgement and enforcements
When can states take measures to interfere temporarily with rights
- Public emergency
- It is required to do so by the situation
- It is consistent with obligations under international law
- There has been timely written notification to the Secretary General of the council of Europe
Key judicial principles of the European courts of human rights
- Margin of appreciation
- Purposive interpretation ‘living instrument’
- prescription by law, upholding basic rule of law principles
What three obligations have significantly impacted UK domestic law
The courts must take into account relevant ECHR case law
Legislation must be in line with ECHR rights
Unlawful for public authorities to act in a way that is incompatible with ECHR rights
What remedial action can be taken after a declaration of incompatibility
- draft amending order be laid before parliament for 60 days before being approved by both houses
- urgent action and can be laid before parliament for approval after it is made
Two most important rights
Right to life and the right to live
