European Convention On Human Rights

Question 1

What is the purpose of the ECHR 1953

Answer 1

To protect the human rights and fundamental freedoms including articles 2-14.

Question 2

What are absolute rights

Answer 2

Article 3 - prohibition of torture or degrading treatment
Article 4- prohibition of slavery
Article 7- retroactive criminal law

Also article 2 in peacetime - right to life

Question 3

What are limited rights

Answer 3

Article 5 (not to be arbitrary detained)
Article 6 (right to fair trial) 

The states can not justify interference with these rights unless any limitation is allowed under the right itself or the state derogates

Question 4

What are qualified rights

Answer 4

Articles 8- family and private life
9- freedom of thought and religion
10-freedom of expression
11- freedom of assembly and association

Question 5

What do qualified rights need to do

Answer 5

Strike a balance between the community and rights of the individual

Question 6

What is derogation

Answer 6

It’s shown in article 15 where it allows states to derogate from the convention at times of war or public emergency threatening the life of the nation. States cannot derogate from absolute rights. E.g in terror situations under prevention of terrorism act 2005.

Question 7

The European court of human rights structure

Answer 7

47 members of the council who elect judges who serve for a non renewable nine year term. they can be removed if not for filling duties and retire at 70

Question 8

Role of the ECtHR

Answer 8

Resolve cases that cannot be resolved in domestic courts. Can order states to pay damages if violations. They have to ensure they are practical and effective

Question 9

What is a living instrument

Answer 9

The ECtHR is not bound by precedent and it can interpret the conventions way that develops human rights in light of changing social attitudes.

Question 10

What is proportionality and the margin of appreciation?

Answer 10

When deciding if there has been a violation of a qualified right, one where a balance must be stuck between the rights in a individual and community the court will decide if there is proportionality and use the margin of appreciation.

Question 11

What is proportionality

Answer 11

Is the states interference proportionate and struck a fair balance between rights of individuals and community

Question 12

What is margin of appreciation

Answer 12

The amount of discretion that the ECtHR gives the state in their interpretation of the convention.