Human Rights Act 1998

Question 1

What are the absolute rights under the ECHR?

Answer 1

Article 3: prohibiting torture, inhuman/degrading treatment
Article 4: prohibiting slavery and forced labour
Article 7: no punishment without authority

Question 2

What are the types of rights protected in the ECHR and what do they mean?

Answer 2

Abolute rights - cant be interfered with
Limited rights - can in certain circumstances be interfered with
Qualified rights - can be interfered with if
* Interference in accordance with law
* Interference in pursuit of legitimate aim
* Interference necessary in democratic society

Question 3

Do the UK courts need to take into account relevant ECtHR case law?

Answer 3

Yes

Question 4

What principles and techniques of the ECtHR do the UK courts consider in a domestic context?

Answer 4

Positive obligation
Margin of appreciation
Proportionality

Question 5

What is the positive obligation duty?

Answer 5

duty to prevent violation of human rights being carried out by non-state actors

Question 6

How must the positive obligation duty be interpreted?

Answer 6

Not imposing an excessive burden

Question 7

What does margin of appreciation mean?

Answer 7

States allowed a measure of discretion when restricting rights

Question 8

What are the four key obligations on the UK under the HRA?

Answer 8

1. take into account ECHR case law
2. legislation given effect in accordance with ECHR rights
3. If above not possible, make a declaration of incompatibility
4. Unlawful for public authorities to act in a way incompatible with ECHR rights

Question 9

Does the obligation to follow ECtHR case law always apply?

Answer 9

No

Question 10

What are public authorities for the purpose of the rule that public authorities must not act contrary to ECHR rights?

Answer 10

• court or tribunal
• core public authorities
• hybrid public authorities

Question 11

Who will not be a public authority for the purpose of the rule that public authorities must not act contrary to ECHR rights?

Answer 11

Parliament

Question 12

What factors would suggest that a body is a core public authority?

Answer 12

o Special powers
o Democratic accountability
o Public funding
o Obligation to act only in public interest
o Statutory constitution

Question 13

What factors would suggest that a body is a hybrid public authority?

Answer 13

o Nature of function determines whether HPA
o Extent that function is publicly funded
o Statutory power
o Taking place of government/local authorities
o Public service

Question 14

In order to bring a claim against a public body under s6(1) HRA, what must the claimant have?

Answer 14

Standing

Question 15

What is the scope for standing in claims under s6(1) HRA?

Answer 15

a) Natural/legal persons
b) Victim of unlawful act
c) Directly affected

Question 16

When can an organisation/group bring a claim under s6(1) HRA?

Answer 16

if state violates their rights as an organisation

Question 17

Can indirect victims bring claims under s6(1) HRA?

Answer 17

Only in exceptional circumstances

Question 18

What is the time limit for commencing a claim under s6(1) HRA?

Answer 18

within one year of act complained of.

Question 19

When does the time limit for a claim under s6(1) HRA start running for a continuous act?

Answer 19

when violation ceases

Question 20

Can the time limit for bringing a claim under s6(1) HRA be extended?

Answer 20

Yes if court thinks equitable

Question 21

Under Article 1 ECHR, who does the state owe a duty to respect the human rights of?

Answer 21

Everyone in their jurisdiction

Question 22

When might the UK have the duty to respect human rights of those outside of the jurisdiction?

Answer 22

If they have effective control of territory and its inhabitants

Question 23

Do army personnel fall within the jurisdiction of the UK for the purpose of Article 1?

Answer 23

Yes

Question 24

When may states derogate from ECHR rights?

Answer 24

a) War or public emergency threatening life of nation – may only take strictly required measures
b) No derogation from Article 2 (right to life) except in lawful acts of war, or Article 3 (torture)/4 (slavery)/7 (punishment without authority)