8 - ECHR in UK law

Question 1

Absolute Rights

Answer 1

Rights that can never be interefered with. States must uphold them at all times

Includes:
- Article 2 (Right to Life)
- Article 3 (Freedom from torture, inhumane and degrading treatment)
- Article 6 (Fair Trial)
- Article 7 (Punishment according to existing Law)
- Article 9 (Freedom of thought etc)
- Article 12 (Right to Marry)

Question 2

Limited Rights

Answer 2

Can only be limited in clearly defined and finite situations

Includes:
- Article 5 (liverty and security of the person) - contains exceptions to lawful arrest and detention
- Article 6 - limited in relation to a public trial

Question 3

Qualified Rights

Answer 3

They require a balance between the rights of the indivudal and the wider public interest

Includes
- Article 8 (Respect for private and family life)
- Article 9 (freedom of worship, teaching, practice, or observation)
- article 10 (freedom of expression)
- article 11 (Freedom of assembly and association)
- Article 1 of Protocol 1 ( Right to peaceful enjoyment of possessions)

Question 4

Qualified Rights Proportionality Test

Developed by R (Daly) v. Secretary of State fo the Home Department (2001) and Huang v. Secretary of State for the Home Dept (2007) combined in Bank Mellat v. HM Treasury (No 2) (2013)

Answer 4

Four Part Test:
1. Was the objective of the measure sufficiently important to justify the limititation of a fundamental right?
2. Was the measure rationally conected to the objective? legitimate aim?
3. Could there have been a less intrusive measure?
4. Whether a fair balance had been struck between the rights of the individual and the interests of the community

Question 5

Malone v. UK (1984)

Answer 5

The Law must be accessible in published form and sufficently precise to enable the citizen to regulate his or her conduct

Question 6

R (Purdy) v. DPP (2009)

Answer 6

assisted suicide case

the statutory offence of assisted suicide was not in accordance with the law fopr the purposes of Article 8(2) - therefore amounting to a violation of her right to lead a private life

Question 7

Legitimate Aims

Answer 7

interests of society mau justify restrictions on the rights of individuals
1. national security, public saftey, economic wellbeing
2. protection of health or morals
3. prevention of crime
4. oritection of the rights or freedoms of others
5. prevention of information recieved in confidence
6. maintaining impartiality.