ECHR Flashcards
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
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
3
Q
THE RIGHTS
A
- absolute rights
- limited rights
- qualified rights
4
Q
ABSOLUTE RIGHT
A
- a right the state can never impinge or take away
- such as article 3 and 4
5
Q
LIMITED RIGHTS
A
- almost absolute but exceptions
- article 5 and 6
6
Q
QUALIFIED RIGHTS
A
- these rights are balanced against the interests of society / the rights of others
- article 8-11
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
8
Q
PROTOCOLS
A
- protocol 1
- protocol 7
- protocol 13