European Convention on Human Rights Quiz

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Questions and Answers

What is the primary purpose of Article 10 of the ECHR?

To ensure the right to association

To protect property rights

To limit the rights of aliens

To provide the right to freedom of expression (correct)

Which article of the ECHR addresses the issue of torture?

Article 3 (correct)

Article 2

Article 5

Article 4

Which of the following is NOT listed as an ECHR article?

Right to a fair trial

Right to life

Right to privacy

Right to economic prosperity (correct)

Which protocol of the ECHR focuses on the complete abolition of the death penalty?

Protocol 13 Signup and view all the answers

What does Article 14 of the ECHR address?

Discrimination Signup and view all the answers

In which year was the ECHR signed?

1950 Signup and view all the answers

Which article establishes the right to an effective remedy?

Article 13 Signup and view all the answers

What does Article 1 of the ECHR emphasize?

Respecting human rights Signup and view all the answers

What does the exercise of freedoms in a democratic society entail?

Freedom subject to duties and responsibilities. Signup and view all the answers

What was a notable change for journalists regarding source confidentiality after 9/11?

They faced increased pressure to disclose their sources. Signup and view all the answers

Which document stipulates that journalists should have access to sources and respect for confidentiality?

Final Document of OSCE Conference of 1989 Signup and view all the answers

According to Article 19 of the Universal Declaration of Human Rights, what rights are included?

The right to freedom of opinion and expression without interference. Signup and view all the answers

What notable legal standard was established in New York Times v. Sullivan?

Actual malice standard for press defamation cases. Signup and view all the answers

What is the main ethical obligation of journalists regarding information obtained in confidence?

To observe professional secrecy about such sources. Signup and view all the answers

What can influence the necessary restrictions placed on freedoms in a democratic society?

National security, public safety, and health. Signup and view all the answers

Which of the following is NOT a reason for potentially restricting the exercise of freedoms?

Preventing the development of new technologies. Signup and view all the answers

What was the main reason the European Court of Human Rights (ECHR) sentenced Romania?

Insufficient grounds to justify the sentence Signup and view all the answers

What was Judith Miller’s key argument regarding journalists and discretion?

Trust is essential for journalists to perform their duties. Signup and view all the answers

What mistake did the applicant make regarding the course participants in the Barb vs. Romania case?

Miscounted the participants Signup and view all the answers

What was the maximum amount awarded by the ECHR to the plaintiff in moral damages?

1,000 Euro Signup and view all the answers

What was Judith Miller jailed for?

Refusing to reveal her confidential source Signup and view all the answers

What claim did Joseph Wilson make in The New York Times?

Saddam Hussein was not pursuing uranium from Nigeria. Signup and view all the answers

How long did Judith Miller spend in prison?

85 days Signup and view all the answers

What differentiates Judith Miller's case from Matthew Cooper's?

Cooper testified while Miller refused. Signup and view all the answers

What is required of a plaintiff in a defamation case involving actual malice?

The plaintiff must prove the statement was made knowingly false. Signup and view all the answers

Why do defamation cases involving public figures rarely prevail?

The burden of proof is extremely high for plaintiffs. Signup and view all the answers

What does the protection of journalistic sources ensure for a free press?

It encourages sources to provide information on public interest matters. Signup and view all the answers

According to the European Court of Human Rights, what could undermine the press's public-watchdog role?

Exposure of journalistic sources. Signup and view all the answers

What must national authorities assess regarding restrictions on the press?

The existence of pressing social needs for restrictions. Signup and view all the answers

What must the Court review under Article 10 regarding limitations on journalistic sources?

The relevance and sufficiency of the reasons adduced by national authorities Signup and view all the answers

What effect may an order of source disclosure have on journalistic freedom?

It could deter sources from providing information. Signup and view all the answers

What was the outcome of Goodwin v. The United Kingdom regarding the journalist's rights?

The court determined the restriction was not necessary in a democratic society Signup and view all the answers

What does Article 10 of the Convention primarily protect?

The right to free expression. Signup and view all the answers

What was the nature of the sanction imposed on Ioan Barb for his article?

A definitive criminal fine Signup and view all the answers

What is a consequence of high burdens of proof in defamation cases?

The press often faces fewer legal challenges. Signup and view all the answers

What did the ECHR conclude about the penalty imposed on Barb?

It was an exaggerated punishment for the article's content Signup and view all the answers

What crucial aspect must the Court establish when assessing the justification for restrictions on freedom of expression?

The proportionality of the means deployed to achieve the aim Signup and view all the answers

In the context of freedom of expression, what is the significance of the 'margin of appreciation'?

It allows for some discretion in balancing rights and security Signup and view all the answers

How did the Court view the relationship between the disclosure order and the legitimate aim pursued in Goodwin v. The United Kingdom?

There was no reasonable relationship of proportionality Signup and view all the answers

What general interest was Ioan Barb's article addressing, which led to his criminal fine?

The implications of political fraud Signup and view all the answers

Study Notes

The European Convention on Human Rights (ECHR)

Signed on November 4, 1950, in Rome.
Progresses through interpretation by the European Court of Human Rights and the European Commission of Human Rights, and the Council of Europe's work.
Integrated into national legislation in nearly all ECHR signatory states.
Binding on domestic courts and public authorities.

ECHR Articles

Article 1: Respecting Rights
Article 2: Life
Article 3: Torture
Article 4: Servitude
Article 5: Liberty and Security
Article 6: Fair Trial
Article 7: Retrospectivity
Article 8: Privacy
Article 9: Conscience and Religion
Article 10: Freedom of Expression
Article 11: Association
Article 12: Marriage
Article 13: Effective Remedy
Article 14: Discrimination
Article 15: Derogations
Article 16: Aliens
Article 17: Abuse of Rights
Article 18: Permitted Restrictions

Convention Protocols

Protocol 1: Property, Education, Elections
Protocol 4: Civil Imprisonment, Free Movement, Expulsion
Protocol 6: Restriction of Death Penalty
Protocol 7: Crime and Family
Protocol 12: Discrimination
Protocol 13: Complete Abolition of Death Penalty

ECHR - Article 10

Guarantees freedom of expression, subject to necessary restrictions in a democratic society.
Includes the freedom to hold opinions, and to receive and impart information and ideas.
The exercise of these freedoms includes duties and responsibilities, and may be subject to formalities, conditions, restrictions, or penalties prescribed by law and necessary in a democratic society. This includes protecting national security, territorial integrity, public safety, and preventing disorder, crime, and the protection of health, morals, reputation, and rights of others. Also preventing the disclosure of information received in confidence, and maintaining the authority and impartiality of the judiciary.

Information Received in Confidence

The right of journalists to have confidential sources without revealing their identity was respected by authorities after Watergate.
Post-9/11, journalists experienced increased pressure to reveal their sources.
Still, the right to confidential sources remains.

Final Document of OSCE Conference of 1989

34 states, including the USA and Romania, signed the document.
Signatory states stipulated that journalists should be free to seek contacts with public and private sources, and professional confidentiality must be respected.

Code of Ethics of IFJ

Article 6: Journalists shall observe professional secrecy regarding sources obtained in confidence.

Universal Declaration of Human Rights (UNO)

Article 19: Everyone has the right to freedom of opinion and expression, including freedom to hold opinions and to seek, receive, and impart information and ideas.

New York Times v. Sullivan (1964)

US Supreme Court case establishing the "actual malice" standard.
Press reports about public officials or figures must meet this standard before being considered defamation or libel.
This standard requires proving that the publisher knew the statement was false or acted with reckless disregard for the truth.

Goodwin v. The United Kingdom

European Court of Human Rights case.
Protection of journalistic sources is a cornerstone of press freedom in many signatory states.
The disclosure order imposed restrictions on press freedom.
The order must have a pressing social need to be considered compatible with article 10, and a proportional relationship between the legitimate aim and the means deployed to achieve that aim.

Barb vs. Romania

ECHR case regarding the violation of the right to freedom of expression.
Romanian court imposed a fine for a journalist's article.
ECHR considered the penalty excessive based on the article's topics of general interest, factual basis, and good faith.
Article covered general interest, subject to exaggeration and the journalist acted in good faith, and the penalty was disproportionately excessive.

The Judith Miller Case

Controversial case of a journalist jailed for refusing to reveal her confidential source.
Involved a CIA agent who leaked information about Iraq's nuclear program.
Journalistic discretion and freedom of the press, related to the right of the journalist to protect their confidential sources, is disputed.

Conclusions

Right of expression takes precedence over personal dignity, especially for public figures.
Journalists can defend themselves by proving their article covered a topic of general interest, had a factual basis and was written in good faith.
Even errors in an article do not necessarily lead to conviction if these three factors are met.

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Description

Test your knowledge of the European Convention on Human Rights (ECHR) and its core articles and protocols. This quiz covers the historical context, main articles, and the implications of ECHR integration into national laws. Ideal for students and enthusiasts of human rights law.