Human Rights Act and Discrimination Flashcards

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1
Q

When can a person bring a freestanding discrimination claim?

A

Only when they bring it under the HRA 1998

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2
Q

What are absolute rights under the HRA?

A

Right to life, right not to be tortured, right not to be subject to slavery, right not to be subject to retrospective criminal offences

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3
Q

What are limited rights under the HRA?

A

Right to liberty, right to a fair trial

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4
Q

What is ECHR proportionality?

A

The objective of the measure is sufficient important to justify the limitation of the right

The measure is sufficiently connected to the objective

There is no less intrusive measure available

The right infringement is not disproportionate to the benefits of the objective

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5
Q

What are qualified rights under the HRA and how are they qualified?

A

Includes right to privacy, right to freedom of thought and expression

Qualified by the ECHR proportionality test

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6
Q

Can someone bring a freestanding discrimination claim under the HRA 1998?

A

No, it needs to be with another ECHR claim

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7
Q

What is judicial deference?

A

That the courts will defer to the political authority where an issue is political in nature

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8
Q

What is the margin of appreciation?

A

Where most member states have taken a similar approach towards an issue, the state in question will be given some leeway

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9
Q

When can a state derogate from limited and qualified rights?

A

In wartime or in public emergencies

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10
Q

What can courts do if an Act of Parliament is in conflict with the ECHR?

A

Issue a declaration of incompatibility

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11
Q

What can Parliament do after a declaration of incompatibility?

A

Issue an urgent remedial order (effective immediately, and consolidated by both houses’ approval within 120 days) or a non-urgent remedial order (effective 60 days after approval)

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12
Q

Who can bring a claim under the HRA?

A

A direct victim, within 1 year of the complaint

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