European Convention on Human Rights Overview

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Which of the following is a key function of the European Convention on Human Rights?

To balance individual rights with the wider public interest (correct)

To provide a comprehensive list of fundamental human rights

To establish a system of international human rights courts

To abolish the death penalty in all European countries

What is the primary distinction made in the text between 'absolute' and 'qualified' rights?

Absolute rights are included in the original Convention, while qualified rights were added later

Absolute rights have no exceptions, while qualified rights can be overridden in the public interest (correct)

Absolute rights are more fundamental than qualified rights

Absolute rights are enforceable in international courts, while qualified rights are only enforceable domestically

What is the significance of the 'Protocols' mentioned in the text?

They establish a system of international courts to enforce the Convention

They provide additional rights that were not included in the original Convention (correct)

They allow individual citizens to bring cases directly to the European Court of Human Rights

They define the specific circumstances under which the death penalty can be used

What is the key obligation placed on states by Article 2 of the Convention, according to the text?

To actively protect the right to life, not just refrain from taking life Signup and view all the answers

Why does the text mention that the European Convention on Human Rights was drafted in 1949?

To explain why the Convention initially allowed for the use of the death penalty Signup and view all the answers

What is the significance of the Osman v United Kingdom case mentioned in the text?

It established that states have a positive obligation to protect individuals from criminal acts by others Signup and view all the answers

What are some legitimate state aims frequently specified in the Convention?

Preventing disorder or crime Signup and view all the answers

According to the ECtHR, what is the scope of a legitimate aim?

Indisputable imperative beyond ECHR rights Signup and view all the answers

Which of the following statements is correct regarding the interference with the right to peaceful enjoyment of property?

The right can be interfered with if there is a need to purchase a house by compulsion to build a new motorway. Signup and view all the answers

In the case of Chassagnou v France, what did the ECtHR emphasize about non-ECHR rights?

Should meet an 'indisputable imperative' Signup and view all the answers

Which of the following statements is correct regarding extradition and Article 3 of the European Convention on Human Rights?

The European Court of Human Rights has held that if an individual were to be extradited to a country where there was a real risk of being treated in a way that would violate Article 3, such extradition would be in breach of that Article. Signup and view all the answers

How did the House of Lords interpret the 'rights of others' in R (ProLife Alliance) v British Broadcasting Corporation?

Rights include avoiding offense from transmitted material Signup and view all the answers

How many state parties are currently part of the European Convention on Human Rights?

46 state parties Signup and view all the answers

Which of the following statements about the relationship between the UK and the European Convention on Human Rights is correct?

The UK ratified the European Convention on Human Rights in 1951, and is bound to comply with the Convention as a matter of international law. Signup and view all the answers

What was the reason behind the BBC refusing to transmit a party political broadcast in R (ProLife Alliance) v British Broadcasting Corporation?

Showing graphic images of aborted foetuses Signup and view all the answers

Why may the interests of society justify restrictions on individual rights?

To protect national security and public safety Signup and view all the answers

Which of the following statements is correct regarding the binding nature of judgments from the European Court of Human Rights (ECtHR)?

Judgments of the ECtHR are binding on the UK as a matter of international law. Signup and view all the answers

Which European state has not signed the European Convention on Human Rights?

Belarus Signup and view all the answers

What must individuals alleging a breach of their Convention rights as a result of UK law do before initiating proceedings against the UK in Strasbourg?

Demonstrate that all domestic remedies have been exhausted. Signup and view all the answers

What is required for qualifications to be considered 'necessary in a democratic society' according to the Convention?

They must fulfill a pressing social need. Signup and view all the answers

In Lambeth LBC v Grant EWHC 1962 (QB), what did the court emphasize when making a possession order against occupiers of a camp on Clapham Common?

Rights of the public to use and enjoy the Common. Signup and view all the answers

What can another signatory state do if the UK is found to be in violation of the Convention?

Bring proceedings against the UK. Signup and view all the answers

When must individual petitions against the UK for breaching Convention rights be filed with the ECtHR?

Within four months of the final UK decision. Signup and view all the answers

What standard must be met for an interference with a Convention right to be considered proportionate?

'Pressing social need' rather than an absolute necessity. Signup and view all the answers

According to the ECtHR, what is the key distinction between 'torture' and 'inhuman treatment'?

Torture involves deliberate inhuman treatment causing very serious and cruel suffering, while inhuman treatment is likely to cause actual bodily injury or intense physical and mental suffering. Signup and view all the answers

In the case of Pretty v UK, how did the ECtHR define 'degrading treatment'?

Treatment which humiliates or debases an individual showing a lack of respect for, or diminishing, his or her human dignity or arouses feelings of fear, anguish or inferiority capable of breaking an individual's moral and physical resistance. Signup and view all the answers

In the case of D v Commissioner of Police for the Metropolis, what was the central issue regarding Article 3 of the European Convention on Human Rights?

Whether the failure by the police to investigate allegations of rape amounted to a breach of Article 3. Signup and view all the answers

According to the Supreme Court's ruling in D v Commissioner of Police for the Metropolis, what was the key finding regarding Article 3 of the European Convention on Human Rights?

There could be a breach of Article 3 where the harm was inflicted by a non-state agent, and the police investigation was seriously flawed and breached the investigatory duty under Article 3. Signup and view all the answers

Based on the information provided, which of the following statements is correct regarding the ECtHR's findings in the case discussed?

The ECtHR found that the conduct in the case constituted inhuman or degrading treatment, albeit it was not severe enough to be torture. Signup and view all the answers

Under the definitions provided, which of the following types of treatment would be considered the most severe violation of Article 3 of the European Convention on Human Rights?

Deliberate inhuman treatment causing very serious and cruel suffering. Signup and view all the answers