Articles 6-8 ECHR

Question 1

Article 6 of ECHR

Answer 1

“In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”.

Question 2

Article 6 (2)

Answer 2

innocent until proven guilty.

Question 3

No language barrier:

Answer 3

Article 6 (3) (c)

Question 4

Time to prepare:

Answer 4

Article 6 (3) (b)

Question 5

Legal representation:

Answer 5

Article 6 (3) (c)

Question 6

Civil rights/obligations

Answer 6

Decisions which impact housing payments, tax liabilities or welfare benefits fall within this.

Question 7

Do decisions to deport foreign nationals

Fall within Art 6:

Answer 7

No, Maaovia v France

“Decisions regarding the entry, stay and deportation of aliens did not concern the determination of an applicant’s civil rights”.

Question 8

Does denying court access violate Art 6?

Answer 8

Yes, Golder v UK.

Article 6 (1) secures the applicant the right to have any claim relating to his civil rights and obligations be brought before a court.

Question 9

Article 8 of the ECHR

Answer 9

“Everyone has the right to respect for his private and family life, his home and his correspondence”.

Question 10

Defining Private life

Answer 10

Broad term not susceptible to exhaustive definition. Covers the physical and mental integrity of a person.

Pretty v UK

Question 11

Silver v UK

Answer 11

Prison governor blocking a prisoner’s mail breached Article 8.

(Needs More detail)