Human Rights Flashcards
What were the two main drivers for the formation of the European Convention on Human Rights?
- Part of a wider response by the Allied Powers in delivering a human rights agenda following violations during World War II (especially the Holocaust).
- Secondly, designed to protect the member states from Communist subversion leading from the growth of Communism in Eastern Europe.
What is a positive obligation?
Positive obligations on the state to take active steps to protect against the infringement of one’s rights by others.
What are positive rights?
Rights to expect the state to take positive action to uphold the rights.
What are negative obligations?
Negative obligations on the state not to interfere with a right.
What are negative rights?
Rights not to have things done.
What does Article 2 of the EU Human Rights Convention state?
The right to life. “Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally [save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law] *.”
What positive actions does Article 2 impose?
- To prohibit the taking of life.
- To prevent and suppress offences against the person.
- To carry out an investigation when individuals are killed by the use of force.
What does Article 3 of the EU Human Rights Convention state?
Prohibition of torture. Article 3 states that no one shall be subjected to torture or to inhumane or degrading treatment or punishment.
What does Article 4 of the EU Convention on Human Rights state?
Prohibition of Slavery. “No one shall be held in slavery or servitude.”
“No one shall be required to perform forced or compulsory labour.”
What does Article 5 of the EU Convention on Human Rights state?
Protection Against Arbitrary Detention.
What does Article 8 of the EU Convention on Human Rights State?
Right to Privacy and Family Life. “Everyone has the right to respect for his private and family life, his home and his correspondence.”
What does Article 9 of the EU Convention on Human Rights state?
Freedom of Thought, Conscience, and Religion. “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, and to manifest his religion or belief, in worship, teaching, practice and observance.”
What religious group may be affected by Article 8 of the EU Convention on Human Rights the most when it comes to healthcare decisions?
Jehovah’s Witnesses. Jehovah’s Witnesses refuse blood transfusions on religious grounds.
