Human Rights Act 1998 Flashcards
Which type of right under the HRA 1998 cannot be limited under any circumstances?
Absolute rights
Which type of right under the HRA 1998 can be deviated from only as provided in the article itself?
Limited rights
Which type of right under the HRA 1998 can be limited to achieve a legitimate interest?
Qualified rights
What test is used in deciding whether action of a public authority that restricts a qualified right is justified?
Proportionality test
In restricting a qualified right, the restriction must meet the proportionality test which means its:
- designed to meet a ____________ ___ sufficiently important to justify interfering with a fundamental right
- __________ _______ to achieving its aim
- interfere with the right no more than is _________ to achieve the aim
legitimate aim
rationally connected
necessary
What is the name of the concept that refers to the more politically controversial an issue is, the more likely that the courts, when applying the proportionality test, will defer to the member state’s government and Parliament?
Judicial deference
If a UK citizen believes the UK courts failed to comply with the ECHR, they can bring an action to which court?
European Court of Human Rights (ECtHR)
What is the deadline for submitting applications to the ECtHR from the date of a final decision in a domestic court case?
4 months
If the actions of a UK public authority are challenged before ECtHR, they might argue they are entitled to a…
margin of appreciation
The ECtHR will likely apply a ______ margin of appreciation where there is consensus among member states on an issue, and a _______ one where there’s disparity
narrow, broader
What does the living instrument principle say?
The meaning of the ECHR can adapt to social and economic conditions
What 3 principles feed into the living instrument principle?
- Not bound by previous decisions
- Consistent approach of contracting states
- ECHR must be accessible to all individuals
Derogation of rights is not allowed for prohibition of torture, ________, and respective _________ _______
Otherwise, it is permitted to the extent it is necessary in the event of ____ or other _______ ________ which threaten the nation
slavery, criminal offences, war, public emergencies
Under HRA 1998, When UK courts are dealing with a right under ECHR, they’re expected to follow the _____________ of the ECtHR where there is a clear line of ____________
This is known as the…
interpretation, authority
mirror principle
Under HRA 1998, the UK courts are required to interpret legislation in a way that is ________ with the ____ to the extent possible
compatible, ECHR
Under the HRA 1998, although the UK courts must take into account any decision by the ECtHR relating to the Convention right in question, are they actually required to follow the ECtHR’s precedents?
No
What will the UK Courts do if it can’t interpret an Act of Parliament in a way that’s compatible with ECHR?
Issue a declaration of incompatibility
What procedure is available to address laws declared incompatible?
Remedial order procedures
Remedial order procedures:
Non-urgent procedure: Amendments to law are presented to and approved by _____ _______ of Parliament they can become law ___ ____ after
Urgent procedure: the amendments become effective ____________ but must be laid before both houses __ _________ and cease to be effective unless they approve within _____ ____
both houses , 60 days, urgent, immediately, of Parliament, 120 days
Under Section 6 of the HRA, if someone believes a _______ __________ has acted in a way that’s incompatible with an ECHR right, they can make a claim under the act
public authority
Who are excluded from the definition of a public authority?
House of Commons and House of Lords
Who can bring a claim under s6 HRA 1998?
Victim of the alleged unlawful action
How long do victims have to bring a claim under s6 HRA 1998?
Up to 1 year after the complained of action
Under the Civil Procedure rules, how long does someone have to bring a judicial review claim?
Promptly, and in any event no longer than 3 months after the ground to the claim materialised
Are remedies for violation for section 6 mandatory?
No - they’re discretionary
The Equality Act 2010 protects against discrimination based on 6 broad grounds which are:
Sex, sexual orientation, gender assignment
Race
Disability or age
Religion or belief
Marital or partnership status
Pregnancy and maternity
Claims for violation of ECHR’s freedom of discrimination under HRA can be brought only if they’re attached to the breach of ______ _________ _____, but claims under the EQA 2010 can be ____________
another Convention right, freestanding
Explain the difference between direct discrimination and indirect discrimination under the EQA 2010
Direct Discrimination - V was treated less favourably because of their protected characteristic
Indirect Discrimination - where a policy is neutral at face value, but affects a protected group unfavourably
Can claims against the EQA 2010 be brought against private employers?
Yes
