Chapter 4: The importance of key international agreement and treaties - The European Convention on Human Rights Flashcards
The European Convention on Human Rights and Fundamental Freedoms (ECHR)
The European Convention on Human Rights and Fundamental Freedoms (ECHR) is an international agreement adopted in 1950
The UK was one of the original signatory countries of the ECHR and played a large part in the what of the agreement?
The UK:
- Was one of the original signatory countries of the ECHR
- Played a large part in the drafting of the agreement
Who created the agreement of the ECHR?
The Council of Europe created the agreement of the ECHR
The Council of Europe
The Council of Europe is an inter-governmental body that was set up after the Second World War to:
- Protect human rights and the rule of law
- Help promote democracy
Countries that sign up to the ECHR make a legal agreement to do what?
Countries that sign up to the ECHR make a legal agreement to protect the basic rights of all people within their country
What did the ECHR lead to?
The ECHR led to the establishment of the European Court of Human Rights
Where are the Council of Europe and the European Court of Human Rights based?
The:
1. Council of Europe
2. European Court of Human Rights
are based in Strasbourg, in France
The Council of Europe, the ECHR, or the European Court of Human Rights are not in any way connected to what?
The: 1. Council of Europe 2. ECHR Or, 3. European Court of Human Rights are not in any way connected to the working, or the institutions of the European Union (EU)
What must all members of the Council of Europe do?
All members of the Council of Europe must:
- Sign up to the ECHR
- Respect the 14 Articles
Over time as societies have developed, the ECHR has developed via what?
Over time as societies have developed, the ECHR has developed via Protocols
Over time as societies have developed, the ECHR has developed via Protocols.
What have these included?
These Protocols have included rights relating to:
- Property
- Education
- The abolition of the death penalty
What has the ECHR been instrumental in the Council of Europe developing?
The ECHR has been instrumental in the Council of Europe developing other:
1. Treaties
2. Agreements
on human rights
The ECHR has been instrumental in the Council of Europe developing other treaties and agreements on human rights.
Examples
For example. the Convention on:
- The Exercise of Children’s Rights
- Preventing and combating violence against women
What do many people in the media and some politicians in the UK criticise?
- Many people in the media
- Some politicians in the UK
criticise the decisions of the ECHR
What is the European Court of Human Rights made up from?
The European Court of Human Rights is made up from judges drawn from member countries
The European Court of Human Rights is made up from judges drawn from member countries.
Some people in the UK are concerned about the what?
Some people in the UK are concerned about the quality of some of the judgements
Many people in the media and some politicians in the UK criticise the decisions of the ECHR and say that it is over-reaching itself.
The European Court of Human Rights is made up from judges drawn from member countries and some people in the UK are concerned about the quality of some of the judgements.
This has led the current government to consider introducing a British Bill of Rights to claim back powers from what?
This has led the current government to consider introducing a British Bill of Rights to claim back powers from:
- The ECHR
- Its European Court of Human Rights
The first reason why the current Conservative government proposes a new British Bill of Rights is to repeal the existing what?
The first reason why the current Conservative government proposes a new British Bill of Rights is to repeal the existing Human Rights Act 1998
In 2005, what did the European Court of Human Rights say?
In 2005, the European Court of Human Rights said that rules banning all prisoners from voting in:
1. The UK
2. Other countries
were a breach of their human rights and therefore unlawful
In 2005, the European Court of Human Rights said that rules banning all prisoners from voting in the UK and other countries were a breach of their human rights and therefore unlawful.
What did the UK Parliament do?
The UK Parliament:
- Refused to accept the ruling
- Voted against giving any prisoners the vote
Abu Qatada
Abu Qatada was a radical cleric the UK government had wanted to deport
Abu Qatada was a radical cleric the UK government had wanted to deport.
In 2012, what happened?
In 2012, the European Court of Human Rights blocked his deportation to Jordan
Abu Qatada was a radical cleric the UK government had wanted to deport.
In 2012, the European Court of Human Rights blocked his deportation to Jordan, believing that evidence that might be used against him in Jordan had been obtained by using torture.
What was this ruling based on?
This ruling was based on the right to a fair trial
Abu Qatada was a radical cleric the UK government had wanted to deport.
In 2012, the European Court of Human Rights blocked his deportation to Jordan, believing that evidence that might be used against him in Jordan had been obtained by using torture.
What did the UK government do?
The UK government was forced to agree a new treaty with Jordan that guaranteed a:
1. Free
2. Fair
trial
Abu Qatada was a radical cleric the UK government had wanted to deport.
In 2012, the European Court of Human Rights blocked his deportation to Jordan, believing that evidence that might be used against him in Jordan had been obtained by using torture.
The UK government was forced to agree a new treaty with Jordan that guaranteed a free and fair trial.
What did this new treaty eventually do?
This new treaty eventually convinced the Court of Human Rights
3 multiple murderers took the UK government to where?
3 multiple murderers took the UK government to the European Court of Human Rights
3 multiple murderers took the UK government to the European Court of Human Rights over the issue that whole-life sentences did not allow for any form of review and therefore a possible release date.
What did the Court rule?
The European Court of Human Rights ruled that a whole-life sentence breached Article 3 of the ECHR
The European Convention on Human Rights and Fundamental Freedoms (ECHR) is an international agreement adopted in 1950, which came into force in when?
The European Convention on Human Rights and Fundamental Freedoms (ECHR) is an international agreement adopted in 1950, which came into force in 1953
Countries that sign up to the ECHR make a legal agreement to protect the basic rights of all people within their country, as set out in what?
Countries that sign up to the ECHR make a legal agreement to protect the basic rights of all people within their country, as set out in the agreement
The ECHR led to the establishment of the European Court of Human Rights, to oversee whether governments were what?
The ECHR led to the establishment of the European Court of Human Rights, to oversee whether governments were meeting their obligations under the ECHR
The Council of Europe, the ECHR, or the European Court of Human Rights are not in any way connected to the working, or the institutions of the European Union (EU), even though the European Parliament of the EU also does what?
The: 1. Council of Europe 2. ECHR Or, 3. European Court of Human Rights are not in any way connected to the working, or the institutions of the European Union (EU), even though the European Parliament of the EU also meets in Strasbourg, in France
Many people in the media and some politicians in the UK criticise the decisions of the ECHR and say that it is what?
Many people in the media and some politicians in the UK:
- Criticise the decisions of the ECHR
- Say that it is over-reaching itself
Many people in the media and some politicians in the UK criticise the decisions of the ECHR and say that it is over-reaching itself, thereby compelling member countries to do what?
Many people in the media and some politicians in the UK criticise the decisions of the ECHR and say that it is over-reaching itself, thereby compelling member countries to undertake actions that they did not:
1. Initiate
Or,
2. Agree with
The second reason why the current Conservative government proposes a new British Bill of Rights is to write the original ECHR rights into what?
The second reason why the current Conservative government proposes a new British Bill of Rights is to write the original ECHR rights into UK law
The third reason why the current Conservative government proposes a new British Bill of Rights is to clarify the ECHR rights to give a what?
The third reason why the current Conservative government proposes a new British Bill of Rights is to clarify the ECHR rights to give a balance between:
- Rights
- Responsibilities
The fourth reason why the current Conservative government proposes a new British Bill of Rights is to break the link between what?
The third reason why the current Conservative government proposes a new British Bill of Rights is to break the link between:
- UK courts
- The European Court of Human Rights
The fifth reason why the current Conservative government proposes a new British Bill of Rights is to end the ability of the European Court of Human Rights to do what?
The fifth reason why the current Conservative government proposes a new British Bill of Rights is to end the ability of the European Court of Human Rights to oblige the UK to change its laws
The sixth reason why the current Conservative government proposes a new British Bill of Rights is to stop UK law being what by the European Court of Human Rights?
The sixth reason why the current Conservative government proposes a new British Bill of Rights is to stop UK law being ‘re-written’ by the European Court of Human Rights
The seventh reason why the current Conservative government proposes a new British Bill of Rights is to limit the use of human rights laws to what?
The seventh reason why the current Conservative government proposes a new British Bill of Rights is to limit the use of human rights laws to the most serious examples
Abu Qatada was a radical cleric the UK government had wanted to deport.
In 2012, the European Court of Human Rights blocked his deportation to Jordan, believing that what?
In 2012, the European Court of Human Rights blocked his deportation to Jordan, believing that evidence that might be used against him in Jordan had been obtained by using torture
Abu Qatada was a radical cleric the UK government had wanted to deport.
In 2012, the European Court of Human Rights blocked his deportation to Jordan, believing that evidence that might be used against him in Jordan had been obtained by using torture.
The UK government was forced to agree a new treaty with Jordan that guaranteed a free and fair trial.
This new treaty eventually convinced the Court of Human Rights and he was what?
This new treaty eventually convinced the Court of Human Rights and Abu Qatada was deported in July 2013
3 multiple murderers took the UK government to the European Court of Human Rights over the issue that whole-life sentences did not what?
3 multiple murderers took the UK government to the European Court of Human Rights over the issue that whole-life sentences did not allow for:
- Any form of review
- Therefore a possible release date
3 multiple murderers took the UK government to the European Court of Human Rights over the issue that whole-life sentences did not allow for any form of review and therefore a possible release date.
The European Court of Human Rights ruled that a whole-life sentence breached Article 3 of the ECHR, which prohibits what?
The European Court of Human Rights ruled that a whole-life sentence breached Article 3 of the ECHR, which prohibits torture
