ECHR

Question 1

When was the European Convention on Human Rights (ECHR) adopted?

Answer 1

The ECHR was adopted in 1950.

Question 2

What was the ECHR a response to?

Answer 2

It was a response to human rights violations and atrocities across Europe.

Question 3

How many state parties are there to the ECHR?

Answer 3

There are 46 state parties to the ECHR.

Question 4

Which European country has not signed the ECHR?

Answer 4

Belarus has not signed the ECHR.

Question 5

Why did Russia cease to be a contracting party to the ECHR?

Answer 5

Russia ceased to be a contracting party in September 2022 due to the war in Ukraine.

Question 6

How does the UK relate to the ECHR?

Answer 6

The UK is bound by the ECHR as a matter of international law, and its rights were incorporated into UK law by the Human Rights Act 1998.

Question 7

Who can bring proceedings for violations of the ECHR?

Answer 7

Proceedings can be brought by states or individuals.

Question 8

What must individuals do before petitioning the European Court of Human Rights (ECHR)?

Answer 8

Individuals must exhaust domestic remedies first.

Question 9

What is the time limit for an individual to petition the ECHR after a domestic decision?

Answer 9

The petition must be filed within four months of the final domestic decision.

Question 10

What remedies can the ECHR award?

Answer 10

The court can award compensation or require the state to change its domestic law.

Question 11

Are ECHR decisions automatically binding on domestic law?

Answer 11

No, ECHR decisions are not automatically binding on domestic law.

Question 12

What are the three types of rights in the ECHR?

Answer 12

Absolute rights, limited rights, and qualified rights.

Question 13

What are absolute rights in the ECHR?

Answer 13

Absolute rights cannot be interfered with under any circumstances (e.g., prohibition of torture, right to life).

Question 14

Can limited rights be interfered with?

Answer 14

Yes, limited rights can be interfered with in clearly defined situations.

Question 15

Can qualified rights be interfered with?

Answer 15

Yes, qualified rights can be interfered with to protect general public interest or the rights of others, but only if justified as necessary in a democratic society.

Question 16

What is required for interference with qualified rights?

Answer 16

Interference must be prescribed by law, serve a legitimate aim, and be proportionate to the aim.

Question 17

What are some examples of legitimate aims for interference with qualified rights?

Answer 17

National security, public safety, economic well-being, preventing disorder or crime, and protecting others’ rights.

Question 18

What is the test for determining if interference with a qualified right is proportionate?

Answer 18

The interference must be rationally connected to the objective, necessary, and must not be more intrusive than required.

Question 19

What is the test for proportionality set out in Bank Mellat v HM Treasury?

Answer 19

The objective of the interference must be sufficiently important, rationally connected, and the court will check if less intrusive measures could achieve the objective.

Question 20

What does Article 2 of the ECHR protect?

Answer 20

Article 2 protects the right to life (absolute right) and prohibits arbitrary deprivation of life.

Question 21

Are there any exceptions to Article 2’s protection of life?

Answer 21

Yes, exceptions are allowed in cases of lawful acts of war or when force is used in specific circumstances like self-defense or lawful arrest.

Question 22

What does Article 3 of the ECHR prohibit?

Answer 22

Article 3 prohibits torture and inhuman or degrading treatment or punishment (absolute right with no exceptions).

Question 23

What does Article 4 of the ECHR prevent?

Answer 23

Article 4 prevents slavery and forced labor (absolute right, with some exceptions for prisoners or emergency work).

Question 24

What does Article 5 of the ECHR protect?

Answer 24

Article 5 provides the right to liberty and security (limited right), ensuring detention is lawful and non-arbitrary.

Question 25

What does Article 6 of the ECHR guarantee?

Answer 25

Article 6 guarantees the right to a fair trial, including access to court, public trial, and the presumption of innocence.

Question 26

What does Article 8 of the ECHR protect?

Answer 26

Article 8 protects the right to respect for private and family life, home, and correspondence.

Question 27

What does Article 9 of the ECHR protect?

Answer 27

Article 9 protects freedom of thought, conscience, and religion (absolute right with some restrictions on manifestation).

Question 28

What does Article 10 of the ECHR guarantee?

Answer 28

Article 10 guarantees freedom of expression (qualified right), but it can be restricted in certain cases like national security or hate speech.

Question 29

What does Article 11 of the ECHR protect?

Answer 29

Article 11 protects the right to peaceful assembly, but not violent behavior.

Question 30

What other rights are included in the ECHR protocols?

Answer 30

Protocol rights include protection of possessions, the right to education, free elections, and the abolition of the death penalty.

Question 31

How does the ECHR help protect human rights in Europe?

Answer 31

The ECHR provides a legal framework for holding states accountable for violations, ensuring fundamental rights are respected across member states.