European Convention on Human Rights Act 1998

Question 1

what are human rights

Answer 1

Magna carta 1215 - oldest human rights.
English Bill of Rights 1689 - put democracy at the heart of our constitution.
The US declaration of Independence 1776 - you can see rights as a language.
French declaration of the rights of man.
Universal declaration of Human rights 1948.
The European Convention on Human Rights 1950. establishing the European Court of Human Rights.

Question 2

domestic of immigration

Answer 2

Internation norms.

subject centred inherent dignity.

Question 3

Negative rights

Answer 3

freedom form torture, freedom from slavery.

Question 4

positive rights

Answer 4

right to education, right to private and family life.

Question 5

cosmopolitanism and Human Rights

Answer 5

idea that you are a citizen of the world not just a citizen of the state.

Question 6

European Convention of Human Rights. ECHR

Answer 6

Established in 1950 by the newly formed council of Europe.

Question 7

European court of human rights ECtHR

Answer 7

Established in 1959.
Comes into UK law through; absolute rights, limited rights which are rights so important that they can only be restricted under explicit and finite circumstances provided for in the European convention on Human Rights itself and qualified rights which allow for interference by the state and the rights focus on balancing the interest of individuals against society.

Question 8

proportionality

Answer 8

Where qualified rights are restricted in the interests of society, the restriction must be no more than is required to protect society’s interests.
Prohibition of discrimination - article 14 ECHR.
The enjoyment of the rights and freedoms set forth in this convention shall be secured without discrimination on any grounds such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Only used when another right is engaged.

Question 9

religious equality

Answer 9

Campbell v UK (No.2) (1982)
protects all religions unless they are incompatible with human dignity, and therefore not worthy of respect in a democratic society - ‘philosophical considerations’

Question 10

article 9(1) of the ECHR

Answer 10

Offers absolute protection only towards the right to believe, or change one’s beliefs.

Question 11

article 9(2) of the ECHR

Answer 11

Freedom of manifestation “through worship, teaching, practice and observance” is subject to restrictions provided that they pursue a legitimate aim and that they are necessary in a democratic society.

Question 12

Article 8

Answer 12

Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority, and the exercise of this right in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection or health or morals, or for the protection of the rights and freedoms of others.

Question 13

religious rights and worship in the workplace

Answer 13

Eweida v British Airways plc [2010] EWCA Civ 80
Nadia Eweida suspended by BA for wearing cross
BA’s refusal to allow her to wear a visible cross with her uniform was not indirect discrimination to the employment equality regulations 2003 on the grounds that inconvenience to a single individual did not constitute a disadvantage to religious groups.
Eweida won- refusal by BA to allow her to remain in her post while visibly wearing a cross amounted to a disproportionate interference of her right to manifest religion
Chaplin v royal Devon & Exeter hospital NHS foundation Trust [2010] ET
Nurse redeployed as admissions and discharge coordinator to different part ofNHS Trust so that could wear crucifix so as not to contravene health and safety
Employment tribunal had held that she had not been subjected to direct or indirect discrimination contrary to the provisions of the 2003 regulations
Chaplin lost - health and safety.

Question 14

Human rights act 1998

Answer 14

S.2(1) HRA: a court or tribunal determining a question which has arisen in connection with a convention right must take into account any (a) judgement, decision, declaration or advisory opinion of the ECtHR whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen.
Section 3 - all law to be read in accordance with convention rights
Section 4 - declaration fo incompatibility
Has to go back to parliament under section 10.

Question 15

voting rights

Answer 15

Hirst v UK, ECtHR, 6th October 2005 - GC - voting ban applied automatically to all prisoners and therefore fell outside the states margin or appreciation violation of article 3 of protocol 1 (right to free elections)
R (on the application of hcester) v Secretary of state for justice [2013] UKSC 63 - followed McHugh v United Kingdom (51987/08) European Court of Human Rights, 10th February 2015 - no change to ban
February 2015 - UKIP
“A blanket ban on votes for prisoners is the Expressed will of the British parliament.. “Why are we being subject to this European court at all?”

Question 16

the HRA and public authorities S.6 HRA 1998

Answer 16

public authority includes:
A. court or tribunal and,
B. any person certain of whose functions are functions of a public nature.
does not include either house of parliament or a person exercising functions in connection with proceedings in parliament.

Question 17

the human rights act and public authorities S.7 HRA 1998

Answer 17

a person who claims that a public authority has acted or proposes to act in a way which is unlawful may:
A. bring proceedings against the authority under this act
B. rely on the convention of rights or rights concerned in any legal proceedings but only if he is or would be a victim of the unlawful act.

Question 18

Article 8 and private bodies

Answer 18

alik -v- Fassenfelt 2013 – Grow Heathrow
Court of Appeal accepted that Article 8 could apply in a case involving a private landowner (since the court itself is a public body that has to have regard to the Convention). That said, it is clear that an Article 8 defence would only defeat a claim brought by a private landowner in the rarest of cases.

Question 19

Religious minorities

Answer 19

R. v Denbigh High School Governors 2006; the refusal by a school to allow a pupil to wear a hijab at school did not interfere with her right to manifest her religious beliefs under Article 9
No violation of article 2 of the first protocol to the convention (right to education)
Rights engaged however..