European convention on human rights

Question 1

ECHR

Answer 1

• the council of europe
• european convention on human rights 1950
• 47 contracting states
• echr and council of europe r totally different from EU. We have left eu but UK still part of council and echr

Question 2

Council of Europe

Answer 2

• Group of european states that came together following WW2
• Committed to make sure that stuff happened in ww2 don’t ever happen again
• Other motive: protect western european values from communism (that was taking over eastern europe at the time)

Question 3

Council of europe drew up echr

Answer 3

• Council drew up echr which is a document that protects individual rights against state
• 47 member states
• only 3 european countries that havent joined: kazistan, vatkian city and belirous

Question 4

Convention rights

Answer 4

Types of rights:

• Absolute
• Limited
• Qualified

Question 5

Absolute rights

Answer 5

• Rights that can never be violated
• Eg protection against slavery, cruel and unfair treatment
• No situation where gov can justify to allow these

Question 6

Limited rights

Answer 6

• Allowed to be interfered in very specific circumstances

- eg right to life but if someone kills someone for self defence then it would not be violation?

Question 7

Qualified rights

Answer 7

• can not be interfered unless gov/state can justify it
• eg right to respect private n family life except must be in accordance with the law
• democratic and economic society-gotta review all this before interfering

Question 8

European court of human rights

Answer 8

• 47 judges (1 for each member state)
• grand chamber (gives interpretation on what convention means, what they require + obligations states have under the rights)
• 17 judges out of the 47 sit in grand chamber

Question 9

convention on human rights act 1998

Answer 9

-s2: courts must take account of relevant Starsborug case law
-s3: obliged to interpret legislation in light of convention
-s4: declaration of incompatibility
Parliament act:
-1998 bought convention to uk jurisdiction
-Case heard in any court in uk
-If Act of p violates convention, law still applies (court dont have power) but courts will take in account of starsbough, echr + grand chambers have said about the issue