L.4 ECHR & HRA 1988

The Universal Declaration of Human Rights (UDHR) is a landmark document adopted by the United Nations in 1949, which sets out fundamental human rights and freedoms for all. It serves as a global standard for the protection of human rights.

The European Convention on Human Rights (ECHR) is a treaty ratified by many European countries that protects basic human rights and freedoms. The European Court of Human Rights (ECtHR) enforces these rights.

Article 2 of the ECHR protects the right to life. This means that everyone has the right to live and that no one can intentionally take another’s life, except for the execution of a court sentence.

In certain circumstances, limited use of force is allowed under Article 2 of the ECHR, such as defending oneself from unlawful violence, effecting a lawful arrest, or quelling a riot.

Article 3 of the ECHR prohibits torture, inhuman or degrading treatment or punishment. This includes acts of physical or mental cruelty, humiliation, or intimidation.

Extradition or deportation to a country where a person is likely to face torture violates Article 3 of the ECHR. This protection ensures that individuals are not sent to places where they could be subjected to cruel treatment.

Article 5 of the ECHR protects the right to liberty and security of person. This means that individuals can only be deprived of their liberty under specific and lawful conditions.

The Human Rights Act 1998 incorporates certain Articles of the ECHR into UK law, making it legally binding on public authorities in the UK. Courts must now consider these rights when making decisions.

The European Convention on Human Rights (ECHR) protects the right to liberty and security of person. This means that individuals cannot be detained arbitrarily or without justification. The Gillian v United Kingdom case (2010) involved the Terrorism Act 2000, which allowed for stop and search without suspicion. The European Court of Human Rights (ECtHR) ruled that this was a disproportionate measure and a violation of Article 5 (right to liberty and security) and Article 8 (right to private and family life).

Article 6 ECHR ensures the right to a fair trial, but it doesn't guarantee a trial by jury or legal representation. The ECtHR emphasizes that a denial of fair hearing can occur if the representation is inadequate.

The right to privacy and family life is protected by Article 8 ECHR. However, this right is not absolute. The S and Marper v UK case involved storing DNA data of those who had been arrested but not convicted. The ECtHR ruled that this was a disproportionate measure and breached Article 8 and Article 14 (prohibition of discrimination).

The right to marry is protected under Article 12 of the ECHR. However, this right can be regulated. The Baiai case involved a rule allowing the Home Office to grant marriage permission to people under immigration control. The Court ruled that this was a breach of Article 12.

Article 14 of the ECHR bans discrimination in the application of the Convention rights. However, it's not an absolute right. No positive discrimination is allowed on the basis of factors like race, gender, religion, etc. This means that no one should be given preferential or disadvantaged treatment based on these factors.

The Human Rights Act (HRA) is a UK law that implements the ECHR into UK law. Its core sections are crucial for understanding its impact and its potential to challenge Parliamentary supremacy. Section 2 instructs courts to interpret law in line with Convention rights.

The HRA's Section 3 empowers courts to interpret legislation compatibly with Convention rights. This means courts can use interpretive methods to avoid conflicting legislation with the ECHR, unless it is impossible to do so.

When the court finds that legislation is incompatible with the ECHR, it can make a declaration of incompatibility under Section 4 of the HRA. This does not nullify the law but sends a strong message to Parliament to reconsider the law.

The right to life is protected by law and no one can intentionally take another's life, except in the execution of a court sentence. Exceptions exist for lawful use of force in specific circumstances, such as self-defense or quelling a riot.

This article prohibits torture, inhuman or degrading treatment or punishment. This includes acts of physical or mental cruelty, humiliation, or intimidation. It also prevents extradition or deportation to a country where a person is likely to face torture.

This article safeguards the liberty and security of an individual. It states that individuals can only be deprived of their liberty under specific and lawful conditions.

The state has a responsibility to protect the right to life of individuals in its custody, including investigating injuries or deaths. This duty extends even beyond the UK's borders, particularly in the case of military prisons.

The court must interpret legislation compatibly with Convention rights, using interpretive methods to avoid conflicts, unless it is impossible.

When a court finds a law incompatible with the ECHR, it can issue a declaration of incompatibility. This does not nullify the law, but sends a message to Parliament to reconsider it.

This right is a cornerstone of a fair legal system. It ensures that individuals have the right to a fair trial, including the right to legal representation and access to evidence.

The European Court of Human Rights (ECtHR) ruled that the UK's Terrorism Act 2000, which allowed stop and search without suspicion, violated Article 5 (right to liberty and security) and Article 8 (right to private and family life). The court found that such measures were disproportionate.

The European Court of Human Rights (ECtHR) ruled that the UK's policy of storing DNA data of individuals who had been arrested but not convicted was disproportionate and violated Article 8 (right to privacy and family life) and Article 14 (prohibition of discrimination).

This article protects the right to marry. However, this right can be regulated. In R (Baiai) v Secretary of State for the Home Department, the court ruled that a rule allowing the Home Office to grant marriage permission to people under immigration control was a breach of Article 12.

Article 14 prohibits discrimination in the application of the Convention rights, but it's not absolute. It prevents positive discrimination based on factors like race, gender, etc.

Courts should interpret law in line with Convention rights, ensuring that UK legislation is consistent with the ECHR.

This empowers courts to interpret legislation compatibly with Convention rights, using interpretive methods to avoid conflicting legislation with the ECHR, unless it is impossible to do so.

When courts find a law incompatible with the ECHR, they can make a declaration of incompatibility, sending a message to Parliament to reconsider the law.

The state has a responsibility to protect the right to life of individuals in its custody, even investigating injuries or deaths. This even applies in military prisons.

Individuals can only be deprived of their liberty under specific and lawful conditions. This prevents arbitrary detention by the government.

The right to marry is protected under Article 12 of the ECHR. However, this right can be regulated. The Baiai case involved a rule allowing the Home Office to grant marriage permission to people under immigration control. The Court ruled that this was a breach of Article 12.

The European Court of Human Rights (ECtHR) ruled that the UK's policy of storing DNA data of individuals who had been arrested but not convicted was disproportionate and violated Article 8 (right to privacy and family life) and Article 14 (prohibition of discrimination).

Article 14 of the ECHR prohibits discrimination in the application of the Convention rights, but it's not absolute. It prevents positive discrimination based on factors like race, gender, etc.

When the court finds that legislation is incompatible with the ECHR, it can make a declaration of incompatibility under Section 4 of the HRA. This does not nullify the law but sends a strong message to Parliament to reconsider the law.

The HRA's Section 3 empowers courts to interpret legislation compatibly with Convention rights. This means courts can use interpretive methods to avoid conflicting legislation with the ECHR, unless it is impossible to do so.

The Human Rights Act (HRA) is a UK law that implements the ECHR into UK law. Its core sections are crucial for understanding its impact and its potential to challenge Parliamentary supremacy. Section 2 instructs courts to interpret law in line with Convention rights.