ECHR and HRA

Question 1

When can a person petition to the ECtHR?

Answer 1

When they’ve exhausted all domestic remedies, and within 4 months of the final domestic decision

Question 2

What are the 3 types of rights under the ECHR?

Answer 2

• absolute
• limited
• qualified

Question 3

When can a qualified right be interfered with?

Answer 3

When it’s:
- in accordance with the law,
- has a legitimate aim, and
- necessary in a democratic society

Question 4

When is an interference necessary in a democratic society?

Answer 4

When there’s a pressing social need, and the interference is proportionate

Question 5

When can some rights be derogated from?

Answer 5

In the time of war, or another public emergency threatening the life of the nation

Question 6

Under the Article 2 right to life, when can force depriving of life be used?

Answer 6

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

Question 7

Under Article 7 ECHR, when can a person be charged with a new offence retrospectively?

Answer 7

If it was criminal by general principles of law in civilised nations at the time

Question 8

Is freedom of thought and religion (Article 9) an absolute or qualified right?

Answer 8

Absolute, but the right to manifest religion/a belief is qualified

Question 9

Is the Article 14 protection from discrimination self-standing?

Answer 9

No- C must show the discrimination affected his enjoyment of another ECHR right

Question 10

What does the absolute right to free elections require?

Answer 10

Free elections at reasonable intervals by secret ballot

Question 11

s.1 HRA

Answer 11

Incorporates ECHR rights into Schedule 1 HRA

Question 12

s.2 HRA

Answer 12

UK courts must “take into account” ECtHR judgments

Question 13

s.3 HRA

Answer 13

Domestic legislation must be read in a way that’s compatible with the ECHR “so far as possible”

Question 14

s.4 HRA

Answer 14

The High Court and higher courts can make a declaration of incompatibility

Question 15

s.6 HRA

Answer 15

It’s unlawful for a public authority to act incompatibly with the ECHR, unless it’s giving effect to an incompatible statute

Question 16

s.7 HRA

Answer 16

A person who is a “victim of an unlawful act” can bring proceedings against the authority that acted incompatibly with the ECHR (s.6)

Question 17

s.8 HRA

Answer 17

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

Question 18

s.10 HRA

Answer 18

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)

Question 19

Under s.7 HRA, who has standing to bring proceedings for an ECHR breach?

Answer 19

A “victim of the unlawful act”

Question 20

How is the freedom of expression and respect for private life balanced?

Answer 20

Freedom of expression is only interfered with in “exceptional circumstances” (eg. it discloses C’s health, or violates his right to life)