Human Rights

Question 1

What are the three steps that must happen to limit the convention of a human right

Answer 1

Any powers limiting the convention of a human rights must be:
Authorised in law - Example RIPA

Achieve a Legitimate Objective - Example prevention of crime

Be proportionate - Example not using surveillance on a shoplifter.

Question 2

What is specific about public authorities

Answer 2

It is unlawful for a public authority to act in a way that is incompatible with the convention of human rights.

Question 3

Who is not a public authority

Answer 3

Parliment / Person acting within parliamentary functions.

Question 4

Who can bring proceedings - Section 7 Human Rights Act

Answer 4

Any person or organisation that believe the public authority has act unlawfully and they have been directly affected or are at risk at being directly affected.

Question 5

How can the convention be used against public authorities

Answer 5

The convention can be used as a Sword or a Shield.

Question 6

If using as a shield what are the time limits

Answer 6

The convention can be used as a shield whenever the act complained about took place. This can pre-date the human rights act.

Example illegal surveillance that uncovered criminality but breached human rights - Shield cant be used.

Question 7

If using as a sword what are the time limits

Answer 7

within 1 year of the act complained unless the court considers is equitable _ court can extend.

Question 8

Article two - Right to Life - When can it be breached

Answer 8

By a court

The use of force to protect against unlawful violence, effect a lawful arrest, prevent escape to lawfully quell a riot.

Question 9

What is the key phrase to the use of force in relation to the human rights act

Answer 9

No more force than absolutely necessary.