Human Rights Flashcards
Two sources of rights
ECHR
HRA 1998
Vertical effect
Usually governs relations between individual and state.
Potential application in property law?
- incompatible legislation
- incompatible decisions made by a public authority
Horizontal application?
Khursid Mustafa v Sweden
What was Khurisd Mustafa v Sweden about?
Ban on satellite dishes breached art 10
Iraqi family said unmade their art 10 right to freedom of information as access to arabic programming.
ECHR said Swedish court as public authority had violated the convention by enforcing lease term.
Property law concern absolute or relative rights?
Always relative
2 most important rights for property law?
- Art 1 (P1-1) Peaceful enjoyment of possessions
- Art 8: respect for private and family life; him and correspondence
- Art 6: right to fair trial
- Art 14: freedom from discrimination
Article one of the first protocol (P1-1) interpreted by what case?
Sporrong + Lonnroth v Sweden 1982
What 3 rules were outlines in Sporrong + Lonnroth v Sweden?
1) general interference (with ownership)
2) deprivation:
3) control of use
So to breach Art 1 Protocol 1 you must first show…
The state has either intefered with your ownership, deprived you of your possessions or controlled your use of your possessions.
What must you then ask?
Was this justified and awfully?
Act usually makes it lawful, then are they pursuing legitimate aim?
Final question?
Was action proportionate?
What helps it seem proportionate?
compensation
Example of case failing on proportionality?
Karl Construction v Palisade Properties ( Automatic grant of diligence on dependance)
Art 8: right to respect for private, family life and home and correspondence
Comes up a bit in Scots law
