ECHR and HRA Flashcards
When can a person petition to the ECtHR?
When they’ve exhausted all domestic remedies, and within 4 months of the final domestic decision
What are the 3 types of rights under the ECHR?
- absolute
- limited
- qualified
When can a qualified right be interfered with?
When it’s:
- in accordance with the law,
- has a legitimate aim, and
- necessary in a democratic society
When is an interference necessary in a democratic society?
When there’s a pressing social need, and the interference is proportionate
When can some rights be derogated from?
In the time of war, or another public emergency threatening the life of the nation
Under the Article 2 right to life, when can force depriving of life be used?
It’s no more than is necessary, and
One condition is met:
- used to defend against unlawful violence,
- used to effect lawful arrest, or
- used in lawful action to quell a riot
Under Article 7 ECHR, when can a person be charged with a new offence retrospectively?
If it was criminal by general principles of law in civilised nations at the time
Is freedom of thought and religion (Article 9) an absolute or qualified right?
Absolute, but the right to manifest religion/a belief is qualified
Is the Article 14 protection from discrimination self-standing?
No- C must show the discrimination affected his enjoyment of another ECHR right
What does the absolute right to free elections require?
Free elections at reasonable intervals by secret ballot
s.1 HRA
Incorporates ECHR rights into Schedule 1 HRA
s.2 HRA
UK courts must “take into account” ECtHR judgments
s.3 HRA
Domestic legislation must be read in a way that’s compatible with the ECHR “so far as possible”
s.4 HRA
The High Court and higher courts can make a declaration of incompatibility
s.6 HRA
It’s unlawful for a public authority to act incompatibly with the ECHR, unless it’s giving effect to an incompatible statute
s.7 HRA
A person who is a “victim of an unlawful act” can bring proceedings against the authority that acted incompatibly with the ECHR (s.6)
s.8 HRA
A court can in civil proceedings award damages if a public authority unlawfully infringed the ECHR, if it’s necessary to “afford just satisfaction” to C
s.10 HRA
Fast-track procedure for changing incompatible legislation: can make a remedial order changing the legislation if there are compelling reasons to do so (Parliament must approve it using the affirmative procedure)
Under s.7 HRA, who has standing to bring proceedings for an ECHR breach?
A “victim of the unlawful act”
How is the freedom of expression and respect for private life balanced?
Freedom of expression is only interfered with in “exceptional circumstances” (eg. it discloses C’s health, or violates his right to life)
When is it not unlawful for a public body to act incompatibly with the ECHR?
If it was giving effect to an incompatible statute/secondary legislation, or if it could not have acted any differently under a statute
