Human rights Flashcards
Klas v Germany
ECtHR case defining victim as ‘directly affected’ by the potential breach
Al Skeini
Jurisdiction -> Article 1, in the jurisdiction, Where UK controls other juirsidction
Bankovice v Belgium
Jurisdiction dependent on degree of control. External control
- Aston Cantlow) ->
- Funded wholly/partly by public funds
- In possession of special powers
- Democratically accountable
- Has a duty to act in the public interest
- Derives its power and/or existence from statute
UL v BCC
- Hybrid Functional Body , Receives funding from puclic body-> less funding more likely private
- Leonard Chessire)
Hybrid Functional Body ,Body acting in leiu of governmental authority, body exercising under statute
McCAnn v UK
Article 2 issue 2 State must undertake an investigation
Jordan v UK
Article 2 issue 2 State must undertake an investigation Must be proper and effective
R(Amin)
Article 2 issue 2 State must undertake an investigation Must be proper and effective AND PUBLIC
Pretty vUK)
State has no duty to extend life Article 2 right to death
Ireland v UK
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
Broadmoor Hospital
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
Napier
Cramped prison conditions no working toilets - counted as inhumane and degrading treatment
Askoy v Turkey
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
Aydin v Turkey)
Rape is always considered torture
Foxley, Hartley and Campbell
-> Must be reasonable suspicion of an individual committing an offence, (2) this suspicion must be objectively owed
Sunday times test):
- Must have legal basis
- Legal basis must be accessible, clear and sufficiently narrow to prevent arbitrary interference with convention right (Gillian v Quintin)
Airey v Ireland
the right to a fair trial would extend to a citizen’s ability to afford legal assistance or be given legal aid.
Brennan v UK
olice remained present while suspect met with lawyer thus causing undue influence or pressure in receiving his legal advice
McGonnel v UK)
even minor doubt as to the impartiality can result in violation of Article 6
Guizzardi v Italy
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
Saunders v UK
forcing a suspect to answer questions was a breach; testimony given under pressure is unreliable
R v A:
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
Ghaidan v Godin Mendoza:
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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