human rights law Flashcards
10+11 30 mark
steel and Morris v UK.
talk about freedom of expression. public interest, benefit. right to shock, offend and disturb
Cisse v France
freedom of peaceful assembly. any interference also interferes w article 10.
Ziliberg v Moldova - fundamental right. any interference must be justified.
never justify it!
lawful, proportionate (no), legitimate
article 2 - the right to life
state must protect life of those in its care
state must investigate threats to life
protect those at risk of disaster
try and not take life
did the state take action to protect life? we’re there more steps to be taken? did they do enough?
can use lethal force w “honest belief”
training, planning, execution
independent investigation
english law - abortion, euthanasia
article 5 - right to liberty and security
has individual been deprived of liberty f - cheshire west?
was deprivation in accordance w procedure?
must not be arbitrary - good reason
was detention necessary and proportionate to crime being investigated
kettling - must not be deprived of liberty.
english law - arrest, stop and search, 24 hours detained
article 8 - the right to a private and family life
sue public authority that violates article 8
must be a real interference of privacy - expected to keep private? would ppl find out anyway?
if competed w A10 then balance them. public interest, published anyway, circumstances
can be justified if - in accordance w law, necessary and proportionate, legit aim
english law - protect from defamation
article 10 - freedom of expression
how has it been restricted?
right to hold opinions, communicate info/ideas, receive info/ideas.
right to communicate about info of general public interest.
- would info benefit public?
- why does freedom of expression matter here?
conclude if it is likely to be allowed.
right to ‘shock, offend, and disturb’ but court can interfere if interferes w another’s HR.
then may need to balance w A8/11
