Human Rights

Question 1

Article 2(1)

Answer 1

• Positive obligation by the state to refrain from taking life and also to safeguard lives
• Osman Test

Question 2

Article 2(2)

Answer 2

• A state can only take a person’s life if the deadly force is ‘absolutely necessary’
• Exceptions

Question 3

Article 5(1)

Answer 3

• No one shall be deprived of their liberty (Guzzardi)
• Justifications for a lawful deprivation

Question 4

Article 5(2)

Answer 4

• Everyone arrested shall be informed promptly, in a language which they understand, of the reasons for their arrest as in s24 PACE

Question 5

Article 5(3)

Answer 5

• Everyone arrested should be brought promptly before a judge (Mckay v UK)

Question 6

Article 5(5)

Answer 6

• If successful in a claim the V can claim for compensation

Question 7

Article 8(1)

Answer 7

• Everyone has a right to respect for his private life and family life, his home and correspondence

Question 8

Article 8(2)

Answer 8

• There must be no interference with this right by a public authority unless it is prescribed by law, meets a legitimate aim and is necessary in a democratic society

Question 9

Article 10(1)

Answer 9

• ‘Expression’ includes freedom to hold opinions, impart information and to receive information

Question 10

Article 10(2)

Answer 10

• There must be no interference with this right by a public authority unless it is prescribed by law, meets a legitimate aim and is necessary in a democratic society

Question 11

Axel criteria

Answer 11

• 1) Whether the information contributes to a debate of general public interest
• 2) The notoriety of the person concerns and subject matter of the report
• 3) The prior conduct of the person concerned
• 4) The method of obtaining the information and the accuracy
• 5) The consequences of the publication
• 6) The severity of the sanction imposed

Question 12

Article 11(1)

Answer 12

• Everyone has a right to freedom of peaceful assembly and association with others, including the right to form and to join trade unions for the protection of his interests

Question 13

Article 11(2)

Answer 13

• There must be no interference with this right by a public authority unless it is prescribed by law, meets a legitimate aim and is necessary in a democratic society

Question 14

s6 HRA 1998

Answer 14

• It is unlawful for a public authority to act incompatibly with a human right

Question 15

s7 HRA 1998

Answer 15

• A person who claims that a public authority has acted in a way which is unlawful may bring proceedings against the authority in the appropriate court

Question 16

s8 HRA 1998

Answer 16

• The V can claim compensation against the state if their right has been breached