Lecture 3 Human Rights Act 1998

Question 1

What are the two sections that MUST be considered when reviewing any work against the HRA 1998 are?

Answer 1

Section 3 and Section 6

Question 2

What is Section 3?

Answer 2

Quite simply states that all future and past laws must be interpreted or written so that they are compatible with the articles of the ECHR and HRA 1998.

Question 3

What is Section 6?

Answer 3

• It is unlawful for any PUBLIC AUTHORITY to act incompatibly with human rights (unless under a statutory duty to act in that way), and anyone whose rights have been violated can bring court proceedings against the public authority.
• Act in this section includes failure to act.
• Giving effect to this section requires more than simply avoiding violations. Protection may be necessary for people who’s rights are being violated by third parties.

Question 4

What is a public authority?

Answer 4

A public authority includes a court or tribunal and any person whose functions are functions of a public nature.

e.g Police officers, local authorities, government departments

Question 5

What are the 11 different articles that we need to be aware of in policing?

And are they Absolute, limited or qualified?

Answer 5

Article 2- The right to life (Absolute)
Article 3- Prohibition of torture (Absolute)
Article 4- Prohibition of slavery and forced labour (Absolute)
Article 5- Right to liberty and security (Limited)
Article 6- Right to a fair trial (limited)
Article 7- No punishment without law (Absolute)
Article 8- Right to respect for private and family life (Qualified)
Article 9- Freedom of thought, conscience and religion (qualified)
Article 10- Freedom of expression (Qualified)
Article 11- Freedom of assembly and association (Qualified)
Article 1, Protocol 1- Peaceful enjoyment of property (qualified)

Question 6

What is an absolute right?

Answer 6

The state can never withhold or take away this right. They cannot be restricted or balanced against any public interest.

Question 7

What is a limited right?

Answer 7

These rights can be limited under explicit and finite circumstances.

Question 8

What is a qualified right?

Answer 8

These require a balance between rights of the individual and the rights of the wider community or state interest.

Qualified rights can be subject to lawful interference by public authorities in certain circumstances.

Question 9

What is the Tea acronym?

Answer 9

Article 9- Thought
Article 10- Expression
Article 11- Assembly and Association

Question 10

Restricting Human Rights and limitations placed upon individuals rights can only be imposed if they are:

Answer 10

• Prescribed by law
• Intended to achieve a legitimate objective
• Necessary in a democratic society (which includes proportionality issues)

Question 11

What does PLANE stand for?

Answer 11

Proportionality 
Legality 
Accountability 
Necessary 
Ethical

Question 12

What are the legal obligations that Public Authorities have to comply with under Section 6 HRA 1998?

Answer 12

Positive- Protecting an individuals right to life, ensuring individuals are not subject to torture, allowing protestors to protest peacefully.
Negative- Ensuring a public authority refrains from interference or necessary interference with particular rights. Eg. not using excessive force, or preventing peaceful protest.
Procedural- Requirement onto public authorities to investigate circumstances where individual human rights have been breached.