HUMAN RIGHTS MOCK Flashcards
What is Article 8?
Article 8 covers the right to private and family life, home and correspondence which means that it protects personal identity (such as photographs) and their use
Which Articles are often in contention?
8 and 10
In which case did the rights of Articles 8 and 10 need to be balanced?
Axel Springer v Germany
Why would Alicia’s Article 8 rights take precedence over Article 10?
1) because the photos didn’t contribute to public benefit
2) Alicia’s private personal life
3) the sensitive nature of the photos
4) the non-consensual acquisition of the photos
5) the private setting
What is Article 5.1?
Everyone has the right to liberty and security of the person and that no one should be deprived of their liberty, except in certain circumstances
Which case shows that a mere restriction of movement is not a deprivation of liberty?
Austin v UK
What is Article 5.1 (b)
Someone can be lawfully detained for non compliance with a court order or legal obligation
What case shows that someone’s liberty can be restricted to protect safety and maintain peace?
Osterndorf v Germany
Which case shows that 45 minutes can amount to a deprivation of liberty?
Shimovolos v Russia
What is Article 5.1 (c)?
Someone can be lawfully detained to be brought in front of a legal authority or on reasonable suspicion of having committed an offence
What is Article 2?
Article 2 concerns the right to life and it states that everyone’s right to life shall be protected by law and that no one shall be deprived of their life (except for an execution where the penalty is provided by law
What are the two parts of Article 2?
A negative obligation not to take life as well as a positive obligation on the state to protect and preserve life
In which case was there a breach of Article 2 because the police failed to protect life from a known risk?
Oneryildiz v Turkey
Which case shows that the police are not immune to breaches of Article 2?
Osman v UK
In which case was the state liable for failing to respond to a real and immediate risk?
Rabone v Pennine Care NHS Trust
What is s6 HRA 1998
That any public authority must not act incompatibly with the ECHR as it would be unlawful.
What is s7 HRA 1998?
s7 states that a victim can rely on convention rights and bring a case against a public authority
What is s8 HRA 1998?
s8 states that the victim is entitled to receive remedies if the state is found in breach and it is appropriate to do so
What is Article 2.2 (a)?
The deprivation of life can be justified in defence from unlawful violence
What is Article 2.2 (b)?
The deprivation of life can be justified in order to arrest or prevent the escape of a lawful detainee
What is Article 2.2 (c)?
The deprivation of life can be justified to quell a riot
Which case shows that killing to prevent unlawful violence is justified?
Armani Da Silva v UK
What case shows a breach of Article 2 as there was no necessity to kill during the arrest?
Nachova v Bulgaria
In which case was the force used to kill necessary and proportionate?
Finogenov v Russia
In which case was the force used to kill not proportionate or necessary?
McCann v UK
