ECHR Flashcards

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1
Q

EUROPEAN CONVENTION OF HUMAN RIGHTS HISTORY

A
  • ww2 and Soviets, USSR
  • needs to be a union
  • sir David maxwell and Pierre enree
  • based on universal decoration of human rights (American)
  • signed nov 1950 Inforce sept 1953
  • to be effective need judicial arm such as European court of human rights
  • applications by individuals , states, advisory opinions
  • ## one judge from each member state (council of Europe) non renewable 9 year term high moral character and experience from country
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2
Q

ECHR AND THE UK

A
  • no right to individual petition till 66
  • exhaustion of all domestic remedies (go through all courts)
  • human rights act 1998 gives effect to convention in force Oct 2000
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3
Q

THE RIGHTS

A
  • absolute rights
  • limited rights
  • qualified rights
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4
Q

ABSOLUTE RIGHT

A
  • a right the state can never impinge or take away

- such as article 3 and 4

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5
Q

LIMITED RIGHTS

A
  • almost absolute but exceptions

- article 5 and 6

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6
Q

QUALIFIED RIGHTS

A
  • these rights are balanced against the interests of society / the rights of others
  • article 8-11
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7
Q

CONVENTION ARTICLES

A
  • article 2 right to life
  • article 3 prohibition of torture
  • article 4 prohibition of slavery and forced labour
  • article 5 right to liberty and security
  • article 6 right to a fair trial
  • article 7 no punishment without law
  • article 8 right to respect for private life and family life
  • article 9 freedom of thought conscience and religion
  • article 10 freedom of expression
  • article 11 freedom of assembly and association
  • article 12 right to marry
  • article 13 right to an effective remedy
  • article 14 prohibition of discrimination
  • article 15 derogation in time of emergency
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8
Q

PROTOCOLS

A
  • protocol 1
  • protocol 7
  • protocol 13
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