ECHR Flashcards
When was the European Convention on Human Rights (ECHR) adopted?
The ECHR was adopted in 1950.
What was the ECHR a response to?
It was a response to human rights violations and atrocities across Europe.
How many state parties are there to the ECHR?
There are 46 state parties to the ECHR.
Which European country has not signed the ECHR?
Belarus has not signed the ECHR.
Why did Russia cease to be a contracting party to the ECHR?
Russia ceased to be a contracting party in September 2022 due to the war in Ukraine.
How does the UK relate to the ECHR?
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.
Who can bring proceedings for violations of the ECHR?
Proceedings can be brought by states or individuals.
What must individuals do before petitioning the European Court of Human Rights (ECHR)?
Individuals must exhaust domestic remedies first.
What is the time limit for an individual to petition the ECHR after a domestic decision?
The petition must be filed within four months of the final domestic decision.
What remedies can the ECHR award?
The court can award compensation or require the state to change its domestic law.
Are ECHR decisions automatically binding on domestic law?
No, ECHR decisions are not automatically binding on domestic law.
What are the three types of rights in the ECHR?
Absolute rights, limited rights, and qualified rights.
What are absolute rights in the ECHR?
Absolute rights cannot be interfered with under any circumstances (e.g., prohibition of torture, right to life).
Can limited rights be interfered with?
Yes, limited rights can be interfered with in clearly defined situations.
Can qualified rights be interfered with?
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.
What is required for interference with qualified rights?
Interference must be prescribed by law, serve a legitimate aim, and be proportionate to the aim.
What are some examples of legitimate aims for interference with qualified rights?
National security, public safety, economic well-being, preventing disorder or crime, and protecting others’ rights.
What is the test for determining if interference with a qualified right is proportionate?
The interference must be rationally connected to the objective, necessary, and must not be more intrusive than required.
What is the test for proportionality set out in Bank Mellat v HM Treasury?
The objective of the interference must be sufficiently important, rationally connected, and the court will check if less intrusive measures could achieve the objective.
What does Article 2 of the ECHR protect?
Article 2 protects the right to life (absolute right) and prohibits arbitrary deprivation of life.
Are there any exceptions to Article 2’s protection of life?
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.
What does Article 3 of the ECHR prohibit?
Article 3 prohibits torture and inhuman or degrading treatment or punishment (absolute right with no exceptions).
What does Article 4 of the ECHR prevent?
Article 4 prevents slavery and forced labor (absolute right, with some exceptions for prisoners or emergency work).
What does Article 5 of the ECHR protect?
Article 5 provides the right to liberty and security (limited right), ensuring detention is lawful and non-arbitrary.
What does Article 6 of the ECHR guarantee?
Article 6 guarantees the right to a fair trial, including access to court, public trial, and the presumption of innocence.
What does Article 8 of the ECHR protect?
Article 8 protects the right to respect for private and family life, home, and correspondence.
What does Article 9 of the ECHR protect?
Article 9 protects freedom of thought, conscience, and religion (absolute right with some restrictions on manifestation).
What does Article 10 of the ECHR guarantee?
Article 10 guarantees freedom of expression (qualified right), but it can be restricted in certain cases like national security or hate speech.
What does Article 11 of the ECHR protect?
Article 11 protects the right to peaceful assembly, but not violent behavior.
What other rights are included in the ECHR protocols?
Protocol rights include protection of possessions, the right to education, free elections, and the abolition of the death penalty.
How does the ECHR help protect human rights in Europe?
The ECHR provides a legal framework for holding states accountable for violations, ensuring fundamental rights are respected across member states.
