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Uni human rights exam > Regional human rights mechanisms > Flashcards

Regional human rights mechanisms Flashcards

1
Q

Some benefits of regional mechanisms

A

. More common ground
. More effective
. Fewer states so easier for general consensus
.Broader scope of substantive rights

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2
Q

A criticism of regional mechanisms?

A

. They undermine universality
. Created by states
. Can’t ensure compliance

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3
Q

Main regional organisations?

A

. Council of Europe
. Organisation of American states
. African Union

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4
Q

What does the council of europe aim to achieve?

A

Greater unity between members to facilitate economic and social progress

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5
Q

What is the council of europe made up of?

A

. Congress of Europe
. European convention of human rights
. European court of human rights

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6
Q

When was the congress of europe established and where?

A

The Hague, 1949

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7
Q

When did the convention of human rights come into force?

A

1954

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8
Q

What does the convention cover?

A

civil and political rights- not social or economic

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9
Q

Is judgement of the european courts legally binding?

A

yes

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10
Q

Who was expelled from the congress of Europe in 2022?

A

Russia

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11
Q

What ECHR protocols are compulsory in the ECtHR?

A

11 (individual claims) and 14

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12
Q

The interpretation of the ECHR

A

Human rights protection and maintenance of a democratic society

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13
Q

Why do we need to interpret the ECHR?

A

To find the most appropriate interpretation so we can achieve the object of the treaty properly

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14
Q

Which case shows interpretation of the ECHR?

A

Golder v UK

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15
Q

Which case shows that the ECHR is a living instrument?

A

Tyrer v UK

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16
Q

What do we mean by living instrument?

A

Something that can be interpreted to fit present day values/conditions

17
Q

What sort of changes has interpretation of the ECHR brought about?

A

Same sex rights, children born out of wedlock, privacy issues etc

18
Q

What is the principle of proportionality?

A

The restriction of individuals’ ECHR rights for the greater public good

19
Q

An example of the principle of proportionality?

A

Covid-19 pandemic

20
Q

Why is the principle of proportionality important?

A

to find a fair balance between individual freedoms and public interest where necessary

21
Q

What is the margin of appreciation?

A

Where member states have restricted individual human rights but for the greater public good, and the ECtHR decide whether they could bend the rules for the breach as it was necessary or not

22
Q

In what instances would there be a wider margin of appreciation?

A

Public emergencies, national security protection etc

23
Q

What is the principle of subsidarity?

A

Says it is only necessary for the EU to intervene where they can act more effectively than a member state could in securing rights for that country

24
Q

What were the margin of appreciation and principle of subsidiarity developed by?

A

ECtHR

25
Q

What is a negative obligation?

A

The state has an obligation NOT to do something- eg not to interfere with rights

26
Q

What is a positive obligation?

A

The state must DO something- eg secure rights

27
Q

When may states derogate from the convention?

A

In a time of war or public emergency threatening the life of the nation

28
Q

Conditions for derogation?

A

. Only allowed where absolutely necessary
. Can’t derogate from rights like prohibition of torture

29
Q

Which protocol protects individual complaints procedures?

A

Protocol 11

30
Q

What needs to be looked at before an individual can bring a claim under protocol 11?

A

Admissability and jurisdiction

31
Q

What is admissability?

A

The conditions of the case such as who is able to bring the claim and what kind of violation it is for

32
Q

What is jurisdiction?

A

Was the vicitm directly affected or is there a sufficient link?

33
Q

Which case changed that the ECHR and the ECtHR doesn’t apply extra-territorially?

A

Al-Skeini and others vs UK

34
Q

What does the case of Al-Skeini tell us?

A

That the ECHR can apply extra-territorially but it must be decided case by case, but it should be the job of that state if the rights violation is in their control

35
Q

Challenges of the ECtHR?

A

. Interpret rights too far and expand them by doing this
. enforcement is an issue
. protocol 14- cases dismissed is not enough damage suffered

36
Q

Pros of the ECHR

A

. incluenced change in law
. Remedy when national systems fail
. Keeps states under check

37
Q

Negs of ECHR

A

Still a treaty with limitations

Uni human rights exam (6 decks)

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