Human rights Flashcards
What articles did Ireland v UK 1979-80 breach?
Article 3 - Torture
Article 5 - right to liberty and security
Article 6 - right to fair trial
What is the one body now
European court of human rights
ECHR applies to?
Anyone within territory of state which ratified the ECHR
Article 34?
Requires signatories to allow anyone who alleges a violation of the convention to apply to the ECHR
Dudgeon v UK 1984
D homosexual in NI when being gay illegal
Not prosecuted but alleged right to private life under article 8 infringed
Judgment given in favour
Effectiveness principle
Rights that are guaranteed by convention are not theoretical and illusory but practical and effective
Airey v Ireland 1979
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
ECHR as autonomous and interpretation independent of legal systems
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
Umlauft v Austria 1996
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
ECHR is not static it is
A living instrument and must be interpreted in light of present day conditions
Tyler v UK 1976
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
Selmouni v France 1999
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
Selmouni v France 1999
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
Margin of appreciation
Area of freedom of action exercise of executive discretion for states with ECHR cannot interfere
Qualified rights?
They can be restricted
1) Id there an infringement of the right
2) infringement prescribed by law
Malone v UK 1984
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.”
Restriction for one or more reasons in article
It is important to check article concerned to ensure that the restriction is made for reason outlined in article
Restriction necessary in democratic society
Requires member state show it meets pressing social need.
ECHR Vertical effect
Convention binds states and individual can rely on it against the state
A v UK 1999
Kid severely beaten which dad got away with parental chastisement
UK in breach of article 3 and failure to protect this article
Positive obligation of the state
Aim to impose positive obligation on states to protect human rights
Chahal v UK 1989
UK violated article 3 by threatening deportation due to national security of C back to india where he was at risk of being tortured
Conflicting rights
Affects qualified right where impact of other rights simply one of the factors to be considered when striking balance
Derogations - Article 15
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
