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Consti law > Human rights > Flashcards

Human rights Flashcards

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1
Q

What articles did Ireland v UK 1979-80 breach?

A

Article 3 - Torture
Article 5 - right to liberty and security
Article 6 - right to fair trial

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2
Q

What is the one body now

A

European court of human rights

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3
Q

ECHR applies to?

A

Anyone within territory of state which ratified the ECHR

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4
Q

Article 34?

A

Requires signatories to allow anyone who alleges a violation of the convention to apply to the ECHR

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5
Q

Dudgeon v UK 1984

A

D homosexual in NI when being gay illegal

Not prosecuted but alleged right to private life under article 8 infringed

Judgment given in favour

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6
Q

Effectiveness principle

A

Rights that are guaranteed by convention are not theoretical and illusory but practical and effective

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7
Q

Airey v Ireland 1979

A

A victim of domestic violence as husband prosecuted but it was not possible to divorce. Told to seek judicial separation but could not afford legal rep

Breach of right to fair trial article 6

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8
Q

ECHR as autonomous and interpretation independent of legal systems

A

Ensures states can’t undermine convention using legal technology

Such as considering penalty imposed as criminal and subject ti article 6, ECHR will ignore legal label

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9
Q

Umlauft v Austria 1996

A

Admin sentence order refusing alcohol breath test
Refusal could admit prison for failure to pay fine
Claimed right to fair trial to criminal charge under article 6 infringed
State countered arguing under Austrian law was not criminal thus not applying

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10
Q

ECHR is not static it is

A

A living instrument and must be interpreted in light of present day conditions

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11
Q

Tyler v UK 1976

A

Juvenile birched and breach of article 3

Court must recall convention living instrument
Court cannot but be influenced by developments of standards in penal policy

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12
Q

Selmouni v France 1999

A

S arrested, dragged by hair, run up corrider and tripped, beaten and threatened

Infringed article 3 not as just inhumane and degrading as earlier years would have said but amounted to torture

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13
Q

Selmouni v France 1999

A

S arrested, dragged by hair, run up corrider and tripped, beaten and threatened

Infringed article 3 not as just inhumane and degrading as earlier years would have said but amounted to torture

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14
Q

Margin of appreciation

A

Area of freedom of action exercise of executive discretion for states with ECHR cannot interfere

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15
Q

Qualified rights?

A

They can be restricted
1) Id there an infringement of the right
2) infringement prescribed by law

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16
Q

Malone v UK 1984

A

M charged stolen goods but had phone tapped and sued police

Breach of article 8 and there was no express law that indicated “with reasonable clarity the scope and manner of exercise of the relevant discretion conferred on the public authorities.”

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17
Q

Restriction for one or more reasons in article

A

It is important to check article concerned to ensure that the restriction is made for reason outlined in article

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18
Q

Restriction necessary in democratic society

A

Requires member state show it meets pressing social need.

19
Q

ECHR Vertical effect

A

Convention binds states and individual can rely on it against the state

20
Q

A v UK 1999

A

Kid severely beaten which dad got away with parental chastisement

UK in breach of article 3 and failure to protect this article

21
Q

Positive obligation of the state

A

Aim to impose positive obligation on states to protect human rights

22
Q

Chahal v UK 1989

A

UK violated article 3 by threatening deportation due to national security of C back to india where he was at risk of being tortured

23
Q

Conflicting rights

A

Affects qualified right where impact of other rights simply one of the factors to be considered when striking balance

24
Q

Derogations - Article 15

A

Times of war or emergency threatening life of nation any high contracting party may take measures derogating from obligations

open to challenge and only derogate from certain rights

25
Q

Article 2

A

Right to life - State can only deprive this in necessary and certain circumstances

26
Q

Article 3

A

Freedom from Torture, inhumane and degrading treatment - unqualified right

27
Q

Ireland v UK

A

Series of article 3 breaches

28
Q

Inhumane activity

A

Behaviour falling short of torture
Can apply to extradition and deportation if fate awaiting victim will be inhumane

29
Q

Article 4

A

Prohibition of slavery and forced labour

30
Q

Article 5

A

Liberty and security

Concerned with right not to be detained without trial and links well with article 6

31
Q

Article 5 compatible with

A

Article 15 - derogation at times of national security such as 9/11 terrorist attacks

32
Q

Article 6

A

Right to a fair trial - absolute right
Individual elements are not themselves absolute

33
Q

Article 6(1)

A

Applies to criminal matters and civil rights not covering all of private law

`Must be in reasonable time

34
Q

Article 6(2) and (3)

A

Only apply to criminal charges

35
Q

Wemhoff v Germany 1968

A

W broker detained 3 years complained not had hearing in reasonable time 6(1)

Held no violation as he could have suppressed evidence if released
Length determined by complexity of case

36
Q

Article 7

A

No punishment without law

37
Q

Article 8

A

Privacy and family life

Covers right to privacy, freedom from search of home, family
Failure to prevent intrusion may be covered such as from tabloid
Specifies no interference with its rights by public authorities

38
Q

Smith and Grady v UK 1999

A

UK violated Article 8 by prohibiting homosexual members of armed forces from serving openly

39
Q

Article 10

A

Freedom of expression - heavily qualified

40
Q

Article 10 Hierarchy of protection?

A

Top political speech

Social expression

Bottom commercial expression and those involving press into private lives

41
Q

Article 11

A

Freedom of association - qualified

Protects right to freedom of peaceful assembly

42
Q

Article 12

A

Right to marry and found a family
Member states granted wide margin and restriction must be reasonable

43
Q

Article 13

A

Right to an effective remedy

44
Q

Article 14

A

Prohibition on discrimination
Rights shall be enjoyed without discrimination but this is not treated equally

Consti law (7 decks)

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