HUMAN RIGHTS MOCK

Question 1

What is Article 8?

Answer 1

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

Question 2

Which Articles are often in contention?

Answer 2

8 and 10

Question 3

In which case did the rights of Articles 8 and 10 need to be balanced?

Answer 3

Axel Springer v Germany

Question 4

Why would Alicia’s Article 8 rights take precedence over Article 10?

Answer 4

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

Question 5

What is Article 5.1?

Answer 5

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

Question 6

Which case shows that a mere restriction of movement is not a deprivation of liberty?

Answer 6

Austin v UK

Question 7

What is Article 5.1 (b)

Answer 7

Someone can be lawfully detained for non compliance with a court order or legal obligation

Question 8

What case shows that someone’s liberty can be restricted to protect safety and maintain peace?

Answer 8

Osterndorf v Germany

Question 9

Which case shows that 45 minutes can amount to a deprivation of liberty?

Answer 9

Shimovolos v Russia

Question 10

What is Article 5.1 (c)?

Answer 10

Someone can be lawfully detained to be brought in front of a legal authority or on reasonable suspicion of having committed an offence

Question 11

What is Article 2?

Answer 11

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

Question 12

What are the two parts of Article 2?

Answer 12

A negative obligation not to take life as well as a positive obligation on the state to protect and preserve life

Question 13

In which case was there a breach of Article 2 because the police failed to protect life from a known risk?

Answer 13

Oneryildiz v Turkey

Question 14

Which case shows that the police are not immune to breaches of Article 2?

Answer 14

Osman v UK

Question 15

In which case was the state liable for failing to respond to a real and immediate risk?

Answer 15

Rabone v Pennine Care NHS Trust

Question 16

What is s6 HRA 1998

Answer 16

That any public authority must not act incompatibly with the ECHR as it would be unlawful.

Question 17

What is s7 HRA 1998?

Answer 17

s7 states that a victim can rely on convention rights and bring a case against a public authority

Question 18

What is s8 HRA 1998?

Answer 18

s8 states that the victim is entitled to receive remedies if the state is found in breach and it is appropriate to do so

Question 19

What is Article 2.2 (a)?

Answer 19

The deprivation of life can be justified in defence from unlawful violence

Question 20

What is Article 2.2 (b)?

Answer 20

The deprivation of life can be justified in order to arrest or prevent the escape of a lawful detainee

Question 21

What is Article 2.2 (c)?

Answer 21

The deprivation of life can be justified to quell a riot

Question 22

Which case shows that killing to prevent unlawful violence is justified?

Answer 22

Armani Da Silva v UK

Question 23

What case shows a breach of Article 2 as there was no necessity to kill during the arrest?

Answer 23

Nachova v Bulgaria

Question 24

In which case was the force used to kill necessary and proportionate?

Answer 24

Finogenov v Russia

Question 25

In which case was the force used to kill not proportionate or necessary?

Answer 25

McCann v UK