European Convention on Human Rights

Question 1

6 differences between ECHR + EU

Answer 1

ECHR:
- Civil liberties and human rights
- 46 countries
- European court of human rights
- Joined ECHR – HRA 1998
- UK is member of ECHR – calls to leave
- Sovereignty is not limited.
EU:
- Trading matters
- 27 member states
- European court of justice
- Joined EU via ECA 1972
- UK left the EU
-Sovereignty is limited

Question 2

What was the UK attitude to ECHR before 1998?

Answer 2

Persuasive and not legally binding

Question 3

How was the attitude to ECHR before 1998 used?

Answer 3

as interpretative aids ONLY

Question 4

What is article 2 and explain?

Answer 4

Right to life

Question 5

What is article 3?

Answer 5

Prohibition of torture

Question 6

What is article 4?

Answer 6

Freedom from slavery

Question 7

What is article 5?

Answer 7

Right to liberty

Question 8

What is article 6?

Answer 8

Right to a fair trial

Question 9

What is article 8?

Answer 9

Right to respect for private life and family life

Question 10

What is article 9?

Answer 10

Freedom of thought, conscience or religion

Question 11

What is article 10?

Answer 11

Freedom of expression

Question 12

What is article 11?

Answer 12

Freedom of assembly and association

Question 13

What is article 12?

Answer 13

Right to marry

Question 14

Human rights acts 1998

Answer 14

Makes it unlawful for any public body to act in a way compatible with ECHR

Question 15

2 roles the UK judges have with regard to ensuring UK follow their commitments under the convention

Answer 15

• needs to take account of any decisions, judgments or opinions of the ECHR and interpret legislation
• Makes it unlawful for any public body to act in compatible with ECHR

Question 16

Does the declaration of incompatibility affect the validity of the act of parliament?

Answer 16

No as HRA seeks to maintain principle of parliamentary sovereignty

Question 17

2 examples of a declaration of incompatibility

Answer 17

• Statutory interpretation and S4 HRA
• If the courts cannot find a compatible interpretation, then they may make a
  “declaration of incompatibility’ under S4 HRA 1998.

Question 18

3 categories of convention rights

Answer 18

1. Absolute rights
2. Qualified rights
3. Limited rights

Question 19

What is absolute rights?

Answer 19

• Can’t be infringed under any circumstances.
• Article 3

Question 20

What is qualified rights?

Answer 20

• Can lawfully interfere with in certain circumstances.
• Article 8, Article 10.

Question 21

What is limited rights?

Answer 21

• Right can be taken away
• Article 5