Human Rights Flashcards
What is section 2?
Courts take account of decisions of the ECHR
What is section 3?
UK legislation must be compatible with convention rights
What is section 4?
High court to make a declaration of non-compatibility
What is section 6?
Unlawful for a public authority to act in a way incompatible with a convention right
What is section 7?
Provides for an aggrieved party to take proceedings
What is section 8?
Court can grant remedy or relief
What is public authority?
A court or tribunal and any person carrying out certain function of a public nature:
Ambulance service, NHS trusts and local councils
Absolute rights- Article 2?
Right to life
Absolute rights- article 3
Prohibition of torture
Absolute rights- article 4
Prohibition of slavery and forced labour
Absolute rights- article 7
No punishment without law
Qualified/ limited rights- article 5
Right to Liberty and security
Qualified/ limited rights- article 6
Right to fair trail
Qualified/ limited rights- article 8
Right to respect for private life
Qualified/ limited rights- article 9
Freedom of thought consciences and religion
Qualified/ limited rights- articles 10
Freedom of expression
Qualified/ limited rights- article 11
Freedom of assembly and association
Qualified/ limited rights- article 14
Prohibition of discrimination
What is the 1st and 6th protocols?
The rights to peaceful enjoyment of one’s possessions.
These rights are to be enjoyed without discrimination on grounds of sex, race, colour, language, religion, political or any other opinion, national or social origin, association with a national minority, property, birth or other status
JPLANE
J- justify P- proportionate L- legal A- accountable N- necessity E- ethical
