Main Articles

Question 1

Article 2

Answer 1

Right to Life

Question 2

Article 3

Answer 2

Freedom from torture or inhuman or degrading treatment.

Question 3

Article 4

Answer 3

Freedom from slavery.

Question 4

Article 5

Answer 4

The right to liberty.

Question 5

Article 6

Answer 5

The right to a fair trial.

Question 6

Article 8

Answer 6

The right to respect for private and family life, home and correspondence.

Question 7

Article 9

Answer 7

Freedom of thought, conscience and religion.

Question 8

Article 10

Answer 8

Freedom of expression

Question 9

Article 11

Answer 9

Freedom of peaceful assembly and association.

Question 10

Article 12

Answer 10

The right to freely marry.

Question 11

Article 13

Answer 11

The right to an effective remedy in a national court.

Question 12

Article 14

Answer 12

Freedom from discrimination.

Question 13

If a citizen felt that one of the rights under the convention had been breached…

Answer 13

First exhaust domestic routes of redress by testing existing laws, arguing they were incompatible with the Convention’s rights.

Then bring a claim to E court HR, this did not have guaranteed success.

Question 14

What has the Court been criticised for?

Answer 14

Taking years for a case to reach the court, so some breaches of the Convention can be abandoned before reaching court.

Judges accused of acting in their own state’s interest.

Having a panel of 7 judges can slow down decisions of the Court.

The court does have sanctions but there is no real way of enforcing their decision.

A decision of the Court relies on cooperation of the state that is in breach, who could theoretically refuse to accept the decision.

Question 15

Sunday Times v UK: Article 10

Answer 15

Gov wanted to prevent publication of the thalidomide scandal under UK’s contempt laws.

Held: There was an absolute breach, publication allowed.

Question 16

Thompson and Venables v United Kingdom: Article 6

Answer 16

2 Child-killers of Jamie Bulger argued there was a breach in Article 6 of ECHR due to the media frenzy of the case.

Outcome: Lawyers successfully argued that media attention undermined the chance of a fair trial. No compensation was paid but the court awarded the legal costs to be paid for the applicants.

Question 17

Lustig-Prean and Beckett v UK: Article 8

Answer 17

Applicants discharged from the Royal Navy for being homosexual.

Held: There was an absolute breach to the right of privacy. The UK changed the law.

Question 18

Wilson and Palmer v UK: Article 11

Answer 18

Applicants failed to secure pay rises because they were members of trade unions.

Held: Clear breach of Article 11. The law changed in 2004, outlawing the action.