L.4 ECHR & HRA 1988

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Questions and Answers

What aspect of Article 5 was violated in the Gillian v United Kingdom case?

Right to a fair trial

Right to privacy

Stop and search powers without suspicion (correct)

Prohibition of punishment without law

In the context of Article 6, what does the case Pine v Solicitors’ Disciplinary Tribunal indicate?

Legal representation is irrelevant to the trial process

Absolute right to legal representation is necessary

Right to trial by jury is guaranteed

Inadequate representation can affect fairness of a hearing (correct)

What was the outcome of the case S and Marper v UK regarding DNA retention?

Allowed indefinite retention of DNA data

Confirmed as a lawful retention practice

Found in breach of Articles 8 and 14 (correct)

No violation of privacy rights established

What does Article 12 specifically safeguard?

Right to marry Signup and view all the answers

What does Article 14 address in terms of discrimination?

Does not guarantee absolute rights against discrimination Signup and view all the answers

Which article allows for derogation in times of emergency?

Article 15 Signup and view all the answers

What is a key feature of Section 4 of the Human Rights Act?

Allows for a declaration of incompatibility Signup and view all the answers

In which situation is a state's derogation of obligations permitted according to Article 15?

War or public emergency Signup and view all the answers

What does Article 2 of the ECHR state regarding the right to life?

It protects the right to life but does not cover voluntary euthanasia. Signup and view all the answers

In which case did the ECHR address the responsibility of the state for injuries sustained by individuals in custody?

R (JL) v Secretary of State for Justice Signup and view all the answers

What is prohibited under Article 3 of the ECHR?

Torture, inhumane, and degrading treatment. Signup and view all the answers

In what situation can the deprivation of life be considered lawful under Article 2?

To effect a lawful arrest. Signup and view all the answers

Which case involved a breach of Article 3 due to denial of support to an asylum seeker?

R (Limbuela) v Secretary of State for Social Security Signup and view all the answers

Which of the following is NOT an exception to the prohibition of slavery under Article 4?

Compulsory military service in the UK. Signup and view all the answers

What does Article 5 of the ECHR primarily address?

Liberty and security of the person. Signup and view all the answers

What was a conclusion of the case R (Al-Skeini) v Secretary of State for Defence?

ECHR did not apply to acts of UK armed forces in Iraq. Signup and view all the answers

What does Article 6 emphasize regarding the right to legal representation?

It does not imply an absolute right to legal representation. Signup and view all the answers

Which case demonstrated that DNA retention by police without suspicion did not breach Articles 8 and 14?

R (S) v Chief Constable of South Yorkshire Signup and view all the answers

What element of Article 12 is highlighted by the case R (Baiai) v Secretary of State for the Home Department?

The right to marry for individuals facing immigration control. Signup and view all the answers

Which article prohibits discrimination based on multiple factors including race, language, and sexual orientation?

Article 14 Signup and view all the answers

In which circumstance can derogation from obligations under the Convention be considered valid according to Article 15?

In times of war or public emergency. Signup and view all the answers

What does Article 9 safeguard?

Freedom of thought, conscience, and religion Signup and view all the answers

What does Article 7 ensure regarding punishment?

No punishment can be imposed without law. Signup and view all the answers

What is one of the key features of Section 3 of the Human Rights Act?

It mandates interpretation of legislation in line with convention rights. Signup and view all the answers

What is the primary responsibility of the state under Article 2 of the ECHR when holding individuals in custody?

To conduct independent investigations into injuries or deaths. Signup and view all the answers

Which of the following actions can lawfully result in the deprivation of life according to Article 2 of the ECHR?

Use of force to prevent escape of a detained person. Signup and view all the answers

In which case did the ECHR determine that extradition might breach Article 3 of the ECHR?

Soering v United Kingdom Signup and view all the answers

According to Article 3, which of the following conditions can be considered a breach of the prohibition of torture?

A prisoner facing degrading treatment in detention. Signup and view all the answers

Which group is NOT exempt from the prohibition of slavery under Article 4 of the ECHR?

Individuals undergoing rehabilitation programs. Signup and view all the answers

What significant moral issue did the ECHR refrain from intervening in during the Pretty v United Kingdom case?

The allowance of voluntary euthanasia. Signup and view all the answers

Which article of the ECHR primarily addresses the liberty and security of an individual?

Article 5 Signup and view all the answers

Which case recognized the impact of lawful policies on individuals' welfare in relation to Article 3?

R (Limbuela) v Secretary of State for Social Security Signup and view all the answers

Which circumstance does not constitute a lawful deprivation of life under Article 2?

Due to voluntary euthanasia Signup and view all the answers

What is a key requirement for the state under Article 2 when an individual is held in custody?

To protect the right to life of those individuals Signup and view all the answers

Under what condition did the ECHR determine that a breach of Article 3 occurred in the case of R (Limbuela) v Secretary of State for Social Security?

Inhumane treatment resulting from lawful policy Signup and view all the answers

Which situation is NOT an exception to the prohibition of slavery as outlined in Article 4?

Military enlistment Signup and view all the answers

In the context of extradition, what potential violation did the case Soering v United Kingdom address?

Risk of inhumane treatment or torture Signup and view all the answers

What does Article 3 specifically prohibit in relation to treatment of individuals?

Torture and degrading treatment Signup and view all the answers

Which of the following cases involved a determination about the state's duty to investigate injury or death in custody?

R (JL) v Secretary of State for Justice Signup and view all the answers

What aspect of Article 4 is relevant to the UK regarding the prohibition of slavery?

Exemptions for public service in emergencies Signup and view all the answers

What does Article 6 emphasize regarding the right to a fair trial?

Lack of adequate representation can lead to an unfair trial. Signup and view all the answers

In the case R (S) v Chief Constable of South Yorkshire, what was determined about DNA retention?

It was not a breach of Articles 8 and 14. Signup and view all the answers

What does Article 12 of the ECHR protect?

The freedom to marry without governmental interference. Signup and view all the answers

What is a limitation of Article 14 on discrimination?

It is not an absolute right and does not mandate positive discrimination. Signup and view all the answers

What condition allows for the derogation of rights under Article 15 of the ECHR?

A temporary emergency declared by the national government. Signup and view all the answers

Which case highlighted a violation of Article 12 regarding marriage permissions?

R (Baiai) v Secretary of State for the Home Department. Signup and view all the answers

Which of the following is true regarding Article 8 on privacy and family life?

Any interference requires a pressing social need. Signup and view all the answers

Study Notes

European Convention on Human Rights (ECHR) & Human Rights Act 1998

The ECHR, adopted in 1950, protects fundamental rights.
The Human Rights Act 1998 incorporates many ECHR rights into UK law. It was intended to reflect the Universal Declaration of Human Rights (1948).
The ECHR does not automatically apply to UK armed forces actions abroad, except within military prisons. (R (Al-Skeini) v Secretary of State for Defence)
The ECHR does not want to intervene in controversial moral issues. (Pretty v. United Kingdom)
When holding people in custody, the state is responsible for protecting the right to life and must independently investigate any injury/death circumstances. (R (JL) v Secretary of State for Justice)

Article 2 - Right to Life

Protection: Everyone's right to life is protected by law; no intentional deprivation except in judicial execution for crimes punishable by death.
Deprivation of Life:
Use of force is permissible when absolutely necessary for self-defense, lawful arrest/preventing escape, or quelling riots/insurrection.
No Right to Die: The right to life does not extend to voluntary euthanasia. (Pretty v. United Kingdom)
State Responsibility: The state is responsible for the protection of the right to life for individuals in custody; Independent investigation of injuries/deaths is required. (R (JL) v Secretary of State for Justice)
Armed Forces Abroad: The ECHR does not apply to the acts of UK armed forces in foreign countries, except within military prisons. (R (Al-Skeini) v Secretary of State for Defence)

Article 3 - Prohibition of Torture

Torture and inhuman/degrading treatment: Prohibited; including actions, even legally permissible, if they cause suffering. (R (Limbuela) v Secretary of State for Social Security)
Extradition/Deportation: Refusal to extradite/deport someone to a country where they face a risk of torture or inhuman or degrading treatment. (Soering v United Kingdom)
Denial of Support: Denial of essential support (such as accommodation) can breach Article 3, if it causes suffering. (R (Limbuela) v Secretary of State for Social Security)

Article 4 - Prohibition of Slavery

Exceptions: Exceptions include prison, compulsory military service (but not in the UK), and emergency measures.

Article 5 - Liberty and Security of Person

Exceptions: Exceptions to freedom from detention include criminal convictions, disobedience to court orders, mental health issues, and preventing illegal immigration (detention).
Disproportionate Measures: Unreasonable measures, such as stop and search powers without suspicion (as in the Terrorism Act 2000), can violate Article 5. (Gillian v United Kingdom)

Article 6 - Right to a Fair Trial

No Jury Right: Article 6 does not explicitly include a right to trial by jury.
Legal Representation: There is no absolute right to legal representation. Inadequate representation can violate a fair hearing. (Pine v Solicitors’ Disciplinary Tribunal)

Article 7 - No Punishment Without Law

Absolute Right: A fundamental absolute right.

Article 8 - Right to Privacy and Family Life

Police DNA Retention: Police DNA retention of individuals (not suspects) is permissible. (R (S) v Chief Constable of South Yorkshire)
Disproportionate Measures: Disproportionate action may be unlawful. (S and Marper v UK)

Article 9, 10, 11 - Freedom of Thought/Expression & Assembly

Competing Rights: Conflicting rights can arise, e.g., in trade union issues. (ASLEF v UK)

Article 12 - Right to Marry

Immigration Control and Marriage: Rules allowing the Home Office to control marriage permission for immigrants can breach Article 12. (R (Baiai) v Secretary of State for the Home Department).

Article 14 - No Discrimination

No Positive Discrimination: Discrimination on the basis of sex, language, religion, race, political opinion, nationality, ethnic origin, property, sexual orientation, or marital status is forbidden.

Article 15 - Derogation of Rights in Emergency

Emergency Measures: Derogation (limiting) of rights permitted in times of war or emergency for measures strictly required by the situation, provided such measures are not inconsistent with other international law obligations.

Human Rights Act 1998

Supremacy of Parliament: The Act acknowledges parliamentary sovereignty but allows courts to interpret domestic legislation (including convention rights).
Sections 2-4: Interpretation of legislation related to Convention rights; declaration of incompatibility; proceedings; statement(s) of compatibility.

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Description

Explore the essential aspects of Article 2 of the European Convention on Human Rights, which emphasizes the protection of the right to life. This quiz covers legal standards, permissible uses of force, and the responsibilities of the state under this critical article. Test your understanding of key cases and implications related to the right to life.