Human Rights Flashcards
What is Article 2
Right to Life
What is Article 3
Prohibition to Torture
What is Article 4
Prohibition of Slavery and Forced Labour
What is Article 5
Right to Liberty and Security
What is Article 6
Right to a Fair Trial
What is Article 7
No Punishment without Law
What is Article 8
Right for Respect for Private Life
What is Article 9
Freedom of thought conscience and religion
What is Article 10
Freedom of Expression
What is Article 11
Freedom of assembly and association
What is Article 12
Prohibition of discrimination
What year was Human Rights Act
1998
What is a Public Authority
A court of tribunal and any person carrying out certain functions of a public nature
- Explain the History of The Human Rights Act?
- European Courts of Human Rights was drafted 1948
- Adopted by UK 1950 but not written into domestic law
- 1966 recognised UK law did not always meet the requirements of ECHR and defendents were allowed to take their case to ECHR and with increasing frequency decisions of UK courts had been found wanting in the area of human rights
- 1998 Human Rights Act came about, adopted by the UK in 2000
- What is Public Authority?
A Court or Tribunal and any person carrying out certain functions of a public nature
- State the 6 provisions within The Human Rights Act?
Section 2:- Courts to take account of decisions of the ECHR
Section 3:- UK Legislation must be compatible with Convention Rights
Section 4:- High Court to make a declaration of non-compatibility
Section 6:- Unlawful for a Public Authority to act in a way incompatible with a Convention Right
Section: 7:- Provides for an aggrieved party to take proceedings
Section 8:- Court can grant remedy or relief
- What does the Act state an Officer must do?
An officer has a duty of care, a positive obligation to act, as an officer you cannot just walk on by. You must do something
- Name the 4 Absolute Rights within the Human Rights Act?
Article 2:- Right to Life
Article 3:- Prohibition of torture
Article 4 :- Prohibition of slavery and forced labour
Article 7:- No punishment without law
n relation to the 1st Protocol what is it and what do police break in relation to this protocol?
The right to peaceful enjoyment of one’s possessions. Police break this protocol every time they seize property
- Give two examples of where the police treat people in accordance with The Human Rights Act?
PACE 1984 as it gives persons in detention protection
The Necessity Test S24 PACE power to arrest. Officers now how to prove it was necessary to arrest after considering all options to deal with a suspect.
