Human Rights Flashcards
What is the ECHR
International human rights treaty
How many member states ratified the ECHR
47 member states if the council of Europe
What was the brief four step timetime of the ECHR
Idea came about in 1940’s post war
Drafted in 1949
UK first to ratify in 1951
Came into effect 1953
When was the European Court of Human Rights established, and where?
1959, Strasbourg, France
What was the point of the Eurpoean Court of Human Rights?
To safeguard the convention
Name 3 significant points of the ECHR
Clearly defines rights
Allows action on violated rights
Stops potiential repeats of war and genocide
Strasbourg jurisprudence
List 3 articles from the ECHR:
Article 2 - Right to life
Article 12 - Right to marry and start a family
Article 6 - Right to a fair trial
What were the 3 main points of the Human Rights Act 1998
British legislation that lays out:
That you can seek justice in a british court for breached rights
Public bodies must respect your rights
New laws must be compatible with the convention
When did the HRA 1998 come into effect?
October 2000
Name an absolute right
Article 3 - The right not to be tortured
What does it mean if a right is “qualified” and name which ones are
Means they can be limited or taken away in public interest or for the safety of a person. Articles 8-12 are qualified
Name some strengths of the HRA 1998
Acts as a deterrence
Reduces discrimination
Wider access to justice
Closed some pay gaps
Gives people more rights
List some weaknesses of the HRA 1998
Many people are still unaware of their rights
Lengthy and emotionally taxing court proccess
Does not cover all ECHR rights
Limitations on qualified rights may be misused and abused
Fears of victimisation
