Human Rights Act 1998 Flashcards
Schedule 1: The Articles
Article 2
Right to Life.
2(1): Everyone’s right to life shall be protected by law.
This is an absolute right.
Article 3
Prohibition of Torture.
No one shall be subjected to torture or inhuman/degrading treatment or punishment.
This is an absolute right.
Article 4
Prohibition of Slavery and Forced Labour.
4(1): No one shall be held in slavery or servitude.
4(2): No one shall be required to perform forced or compulsory labour.
This is an absolute right.
Article 5
Right to Liberty and Security.
5(1): Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in certain cases.
This is an limited right.
Article 6
Right to a Fair Trial.
6(1): In the determination of their civil rights and obligations or of any criminal charge against them, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
This is a limited right.
Article 8
Right to Respect for Private and Family Life.
8(1): Everyone has the right to respect their private and family life, their home and their correspondence.
This is a qualified right.
Proportionality
Interference must be no more than absolutely necessary to achieve one of the aims in the Human Rights Act/Convention.
The impact of the restriction on the individual must not be excessive in relation to the legitimate interests pursued.