Human rights act 1

Question 1

ECHR or EU

Answer 1

Seperate entities that are not linked

Question 2

Rights under ECHR

Answer 2

Art 2 - Life
Art 6 - Fair Trial

Question 3

Prohibitions under the ECHR

Answer 3

Art 3 - Torture and inhuman or degrading treatment or punishment

Question 4

Ireland v UK

Answer 4

Courts soemtiems unwilling to classify things as torture instead calling it inhuman or degrading - less than the barrier for torture and not an absolute right.

Question 5

Can a right be limited

Answer 5

Yes - States also have the right to derogate from the convention such as in times of emergency - ART 15

Question 6

Any rights non derogable

Answer 6

Yes
Art 2 - Life
Art 3 - Torture
Art 4 - Slavery
Art 7 - No punishment without law

Question 7

Principle of subsidiarity and marginal appreciation

Answer 7

Council rely on national authoritiies to uphold the articles
ECHR represents a floor and not a ceiling - ART 53

Question 8

Law for Principle of subsidiarty and marginal appreciation

Answer 8

Protocol 15(The brighton Declaration) - States havea degree of discretion when dealing with human rights issues subject to strasbourg supervision

Question 9

The case for bringing rights home

Answer 9

Cost and difficult to bring to stasbourg
Uk judges denied opportunity to influence development of strasbourg jurisprudence

Question 10

Margin of appreciation

Answer 10

Belgian Linguistics - Need member states to uphold the article
Handyside v UK - Gives states a margin of appreciation

Question 11

What is a positive obligation

Answer 11

Where a state must go beyond what is actually written in the document .

Question 12

Examples of positive obligations

Answer 12

Article 2 - (Life) - Obligation to investigate suspicious death
Article 8 (Private and Family life) Must strike a balance between interests of an individual and the community