A5 evaluation Flashcards
What does article 5 of the European court of human rights aim to do?
protect the fundamental values of liberty of the individual protecting against arbitrary use of power
what type of right is article 5
Limited right meaning it can be restricted by the state if one of the exceptions and article 5(1) A-f apply and must be in accordance to the procedure Set out in article 5(2)-(4)
What applications article 5 place on the state
A positive and negative obligation
WDP A5 protects those who are vulnerable point
it could be argued, the article 5, protects the right of thought of vulnerable and protects all people, not just a certain group as people cannot have their liberty deprived under the cloak of care
What does Lady Hale clarify?
It is unquestionable that people with disabilities, both mental and physical had the same human right as the rest, the human race
What does Lady Hills quote show about care?
care does not have to be continuous and isn’t about restricting individual freedoms. We cannot forget about people in care
what does the acid test in Cheshire West establish?
there is a deprivation of the patient is under constantly supervision and is not entitled to leave that cash should be reassessed 
DP CARE
with case
however, when applying this in the real world, it can place immense pressure on carers, usually have their patience, best interest at heart, and takes away their control
this was an issue in Cheshire West, when a 39-year-old man kept eating his continence pads, so he was body bound the degree and intensity must be considered (Guzzardi)  despite the fact that the carer probably thought they were protecting him. It is simply not proportionate.
WDP CARE
statistics
people
section
bbc
furthermore, disability does not deny people their human rights.
Despite extra pressures. Carers may face 2000 people with learning disabilities are in specialist hospitals across England under s5(1)e
The BBC revealed that 100 of them have been held for over 20 years, including the Bournewood case they need must be reassessed referring lady. Hell, we cannot forget about them.
Kettling P
paramount objective
The police tactic of curling which is used to contain crowd is a useful tactic as it diffuses a situation which could be in violent disorder breached the peace. The tactic was ruled as lawful in Austin and moves and not a deprivation of liberty highlighting it is not a paramount objective of the law.
kettling Dp
despite
despite this, Kettling is a very controversial police tactic where many protesters can be confined against their will for up to 7 hours unable to go the toilet and deprived of food and water and could even lead to the opposite intention, riling the crowd up further 
tomlinson kettling
The fact that Kettling is not seen as a breach of human right is inherently arbitrary and has dangerous implications for human rights. Members of the public can be caught in the crossfire, such as Tomlinson a man who lost his life, the daily terror headline, the case “we want police force, not brute force” exemplifying, a negative public view of Kettling
how could the Tomlinson case escalate
A deprivation of liberty clocked under public order
WDP Kettling
Austin and Moos could be interpreted as giving a carte blanche to implement crowd control techniques. Professor Ashworth argues that the actions and Austin were more than me restriction of liberty and amounted to a deprivation. It should also be noticed that the verdict was made before the 2012 Olympics suggesting the government are bending the law to work in their favour.
TIPMS point
another example of the state, having too much power is TIPMS introduced in the Belmarsh ruling
. It’s a method of home, detention of people suspected of terrorism and runs outside the criminal justice system of arrest charge attention and completely disregard, innocent until proven guilty.
