Introduction to Human Rights Flashcards
What is the main purpose of human rights?
A. To grant privileges to citizens
B. To protect individuals against state abuse
C. To replace national laws
D. To allow governments to limit freedoms
B – Human rights exist to protect individuals from state abuse and ensure fundamental freedoms.
Which historical document was the first legally enforceable human rights framework?
A. Universal Declaration of Human Rights
B. US Bill of Rights
C. Magna Carta
D. European Convention on Human Rights
B – The US Bill of Rights (1791) was the first legally enforceable human rights document.
Which international treaty provides human rights protections in Europe?
A. United Nations Charter
B. Universal Declaration of Human Rights
C. European Convention on Human Rights
D. Treaty of Rome
C – The European Convention on Human Rights (ECHR) is the key treaty for human rights protection in Europe.
Which category of rights under the ECHR cannot be lawfully restricted?
A. Limited rights
B. Qualified rights
C. Absolute rights
D. Economic rights
C – Absolute rights, such as the prohibition of torture (Article 3), cannot be restricted under any circumstances.
Which section of the Human Rights Act 1998 requires UK courts to interpret laws in line with the ECHR?
A. Section 2
B. Section 3
C. Section 4
D. Section 6
B – Section 3 of the HRA states that courts must interpret UK laws in a way that is compatible with the ECHR where possible.
A prisoner claims their right to freedom of expression (Article 10) has been violated after being prohibited from publishing a book. Which type of right is involved?
A. Absolute right
B. Limited right
C. Qualified right
D. Economic right
C – Freedom of expression (Article 10) is a qualified right, meaning it can be restricted if necessary in a democratic society.
A protest is banned by the government for security reasons. Which test must be satisfied to lawfully interfere with this right under Article 11 (Freedom of Assembly)?
A. The restriction must be reasonable
B. The interference must be necessary in a democratic society
C. The protest must be violent
D. The government must seek approval from the ECtHR
B – Qualified rights can only be restricted if the interference is lawful, serves a legitimate aim, and is necessary in a democratic society.
A law prohibits prisoners from voting. A prisoner challenges this under Article 3 of Protocol 1 (Right to Free Elections). What approach is likely to be taken?
A. The restriction is always unlawful
B. The restriction may be lawful if it is proportionate
C. The ECHR does not apply to prisoners
D. The Human Rights Act does not cover voting rights
B – The ECtHR has ruled that blanket bans on prisoner voting are disproportionate, but restrictions can be justified in certain cases.
A journalist publishes a report exposing government corruption. The government sues for defamation. How should a court balance Article 10 (freedom of expression) and reputation rights?
A. The journalist’s right to freedom of expression always wins
B. The government has an absolute right to sue
C. The court must balance both rights and assess proportionality
D. The journalist must prove the report is entirely accurate
C – Courts must balance the right to freedom of expression against the right to protect one’s reputation, ensuring any restriction is proportionate.
A refugee claims asylum due to persecution but is deported before their case is heard. They challenge this under Article 3 (prohibition of torture). What is the likely outcome?
A. The deportation is unlawful if there is a real risk of torture
B. The state has complete discretion over deportations
C. Article 3 does not apply to non-citizens
D. Deportation is only unlawful if the individual has committed no crimes
A – Article 3 is an absolute right. A state cannot deport someone if there is a real risk of torture or inhuman treatment.
