IHRL - AMiL - WS3 (European system)

Question 1

SAS v France

Answer 1

A French law prohibited the wearing of clothing that covered the face in public spaces
This was ruled, unanimously, not to be a violation

Question 2

Chahal v UK (1996)

Answer 2

States could not deport someone to a country where they faced persecution – this is the same as inflicting persecution themselves, to all intents and purposes

Also, A3 is absolute – national security is not something to be weighed against it

Question 3

Soering v UK (1989)

Answer 3

It can breach A3 to deport someone to somewhere they may be executed – but it’s sitting on Death Row that’s the problem

Question 4

Hirst v UK (2005)

Answer 4

A blanket ban on prisoners exercising the right to vote contravenes the ECHR

It’s not that all prisoners must vote: but rather, for there to be a ban, it has to be in accordance with law and necessary in a democratic society

Question 5

Hatton v UK (2003)

Answer 5

Noisy flights around Heathrow don’t breach A8: it’s within the margin of appreciation

Question 6

Belgian Linguistics (1968)

Answer 6

The right to education in one’s own language isn’t included in the Convention: but when education is provided, it should be non-discriminatory – there is some violation in terms of things like recognising qualifications, but not in terms of not providing education in the desired language

Question 7

Dudgeon v UK (1981)

Answer 7

The criminalisation of homosexual acts in Northern Ireland breached A8
The criminal law of Northern Ireland was then brought into line with that of England in Wales (since 1967) and Scotland (since 1980)

Question 8

Christine Goodwin v UK (2002)

Answer 8

For a transgender woman post-surgery, the fact that she had kept the same National Insurance number meant her employer could discover her past, and this led to discrimination
This breached A8 – it was not hard to change this regime, while
This led to the Gender Recognition Act 2004

Question 9

Ireland v UK (1978)

Answer 9

The following “five techniques” did not amount to torture under Article 3, but did amount to “inhuman or degrading treatment”:

1. Wall standing (forcing detainees to remain in a stress position for hours at a time);
2. Hooding (keeping a bag over detainees heads at all times, except during interrogation);
3. Subjection to continuous loud noise;
4. Deprivation of sleep;
5. Deprivation of food and drink