Human rights

Question 1

Klas v Germany

Answer 1

ECtHR case defining victim as ‘directly affected’ by the potential breach

Question 2

Al Skeini

Answer 2

Jurisdiction -> Article 1, in the jurisdiction, Where UK controls other juirsidction

Question 3

Bankovice v Belgium

Answer 3

Jurisdiction dependent on degree of control. External control

Question 4

1. Aston Cantlow) ->

Answer 4

1. Funded wholly/partly by public funds
2. In possession of special powers
3. Democratically accountable
4. Has a duty to act in the public interest
5. Derives its power and/or existence from statute

Question 5

UL v BCC

Answer 5

• Hybrid Functional Body , Receives funding from puclic body-> less funding more likely private

Question 6

• Leonard Chessire)

Answer 6

Hybrid Functional Body ,Body acting in leiu of governmental authority, body exercising under statute

Question 7

McCAnn v UK

Answer 7

Article 2 issue 2 State must undertake an investigation

Question 8

Jordan v UK

Answer 8

Article 2 issue 2 State must undertake an investigation Must be proper and effective

Question 9

R(Amin)

Answer 9

Article 2 issue 2 State must undertake an investigation Must be proper and effective AND PUBLIC

Question 10

Pretty vUK)

Answer 10

State has no duty to extend life Article 2 right to death

Question 11

Ireland v UK

Answer 11

One of the more serious interrogation techniques used on fourteen prisoners became known as the “five techniques.”12 This consisted of the following:

“Wall standing (forcing detainees to remain in a stress position for hours at a time);
Hooding (keeping a bag over detainees heads at all times, except during interrogation);
Subjection to continuous loud noise;
Deprivation of sleep;
Deprivation of food and drink.”
Allows you to choose between Inhumane and Degrading treatment AND Torture
DEFINES TORTURE AS cruel deliberate infliction of pai

Question 12

Broadmoor Hospital

Answer 12

IDT Mental, physical, undignified or humiliating:

(1) Manner of punishment
(2) Duration
(3) Physical/mental effects
(4) Circumstances/context/nature
(5) Impact on individual (positive/negative) Cramped prison conditions no working toilets

Question 13

Napier

Answer 13

Cramped prison conditions no working toilets - counted as inhumane and degrading treatment

Question 14

Askoy v Turkey

Answer 14

While in detention he allegedly was subjected by the police to a form of torture known as ‘Palestinian hanging’ which involved being stripped naked, being electrocuted in the genitals, kicked, slapped and verbally abused. He also claimed that he lost the use of his arms and hands as a result.
THis was torture

Question 15

Aydin v Turkey)

Answer 15

Rape is always considered torture

Question 16

Foxley, Hartley and Campbell

Answer 16

-> Must be reasonable suspicion of an individual committing an offence, (2) this suspicion must be objectively owed

Question 17

Sunday times test):

Answer 17

1. Must have legal basis
2. Legal basis must be accessible, clear and sufficiently narrow to prevent arbitrary interference with convention right (Gillian v Quintin)

Question 18

Airey v Ireland

Answer 18

the right to a fair trial would extend to a citizen’s ability to afford legal assistance or be given legal aid.

Question 19

Brennan v UK

Answer 19

olice remained present while suspect met with lawyer thus causing undue influence or pressure in receiving his legal advice

Question 20

McGonnel v UK)

Answer 20

even minor doubt as to the impartiality can result in violation of Article 6

Question 21

Guizzardi v Italy

Answer 21

the difference between deprivation and restriction is a question of degree; distinguished by type, duration, effects and manner of implementation; mafioso confined to island ‘open prison’ was deemed to be in Breach - needed to be in relation to a threat of committing a specific offence not just generally

Question 22

Saunders v UK

Answer 22

forcing a suspect to answer questions was a breach; testimony given under pressure is unreliable

Question 23

R v A:

Answer 23

S3 Lord Steyn: Judiciary has strong interpretive duties, DOI should be a measure of last resort, unless painfully impossible THUS higher status of S 3 of HRA than the act
Lord Hope: Restrictive approach, can only interpret not create legislation, reluctant to go away from intention of parliament

Question 24

Ghaidan v Godin Mendoza:

Answer 24

S3 - Read in additional words
- Broad approach
- Must not go against he grain of the statute
- Can interpret language restrictive or expansive
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Question 25

Re S v Re W

Answer 25

Lady Hale took a radical interpretation in the Court of Appeal for s3 and was overruled by Lord Nicholls, Judiciary must not go too far s3, Interpretation for the court legislation for Parl, DOI should be followed when there is a large deportation from the meaning of the act

Question 26

Bellinger v Bellinger

Answer 26

Linguistically possible to read words into act but impact was more far reaching and would effect longer terms policy decision, more appropriate for parl than courts lead to a knock on effect