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?

<p>Protocol 13 (C)</p> Signup and view all the answers

What does Article 14 of the ECHR address?

<p>Discrimination (A)</p> Signup and view all the answers

In which year was the ECHR signed?

<p>1950 (C)</p> Signup and view all the answers

Which article establishes the right to an effective remedy?

<p>Article 13 (D)</p> Signup and view all the answers

What does Article 1 of the ECHR emphasize?

<p>Respecting human rights (A)</p> Signup and view all the answers

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

<p>Freedom subject to duties and responsibilities. (D)</p> Signup and view all the answers

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

<p>They faced increased pressure to disclose their sources. (C)</p> Signup and view all the answers

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

<p>Final Document of OSCE Conference of 1989 (D)</p> Signup and view all the answers

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

<p>The right to freedom of opinion and expression without interference. (B)</p> Signup and view all the answers

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

<p>Actual malice standard for press defamation cases. (C)</p> Signup and view all the answers

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

<p>To observe professional secrecy about such sources. (B)</p> Signup and view all the answers

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

<p>National security, public safety, and health. (B)</p> Signup and view all the answers

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

<p>Preventing the development of new technologies. (B)</p> Signup and view all the answers

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

<p>Insufficient grounds to justify the sentence (C)</p> Signup and view all the answers

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

<p>Trust is essential for journalists to perform their duties. (B)</p> Signup and view all the answers

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

<p>Miscounted the participants (D)</p> Signup and view all the answers

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

<p>1,000 Euro (C)</p> Signup and view all the answers

What was Judith Miller jailed for?

<p>Refusing to reveal her confidential source (B)</p> Signup and view all the answers

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

<p>Saddam Hussein was not pursuing uranium from Nigeria. (B)</p> Signup and view all the answers

How long did Judith Miller spend in prison?

<p>85 days (B)</p> Signup and view all the answers

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

<p>Cooper testified while Miller refused. (C)</p> Signup and view all the answers

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

<p>The plaintiff must prove the statement was made knowingly false. (C)</p> Signup and view all the answers

Why do defamation cases involving public figures rarely prevail?

<p>The burden of proof is extremely high for plaintiffs. (C)</p> Signup and view all the answers

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

<p>It encourages sources to provide information on public interest matters. (C)</p> Signup and view all the answers

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

<p>Exposure of journalistic sources. (B)</p> Signup and view all the answers

What must national authorities assess regarding restrictions on the press?

<p>The existence of pressing social needs for restrictions. (C)</p> Signup and view all the answers

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

<p>The relevance and sufficiency of the reasons adduced by national authorities (D)</p> Signup and view all the answers

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

<p>It could deter sources from providing information. (A)</p> Signup and view all the answers

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

<p>The court determined the restriction was not necessary in a democratic society (B)</p> Signup and view all the answers

What does Article 10 of the Convention primarily protect?

<p>The right to free expression. (B)</p> Signup and view all the answers

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

<p>A definitive criminal fine (A)</p> Signup and view all the answers

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

<p>The press often faces fewer legal challenges. (A)</p> Signup and view all the answers

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

<p>It was an exaggerated punishment for the article's content (C)</p> Signup and view all the answers

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

<p>The proportionality of the means deployed to achieve the aim (B)</p> Signup and view all the answers

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

<p>It allows for some discretion in balancing rights and security (D)</p> 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?

<p>There was no reasonable relationship of proportionality (A)</p> Signup and view all the answers

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

<p>The implications of political fraud (D)</p> Signup and view all the answers

Flashcards

What is the ECHR?

The European Convention on Human Rights (ECHR) is an international treaty signed in 1950, establishing human rights standards. Over the years, the ECHR's meaning has evolved through the European Court of Human Rights and the European Commission of Human Rights interpretations, along with the Council of Europe's work.

Is the ECHR legally binding?

The ECHR is integrated into the national legal systems of most European countries. This means that the Convention is binding on domestic courts and public authorities within these countries.

What are some of the rights protected by the ECHR?

The ECHR covers various human rights, including the right to life, freedom from torture, freedom of expression, and the right to a fair trial.

Are there any limitations on rights protected by the ECHR?

The ECHR allows limitations on certain rights if they are 'in accordance with law' and 'necessary in a democratic society.' This means that restrictions on rights must be reasonable and justified.

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What are ECHR Protocols?

The ECHR Protocols are amendments or additions to the original convention. They expand the rights covered by the ECHR or address specific issues.

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What are some rights covered by Protocol 1 of the ECHR?

Protocol 1 of the ECHR includes provisions related to the right to property, the right to education, and the right to participate in free and fair elections.

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What does Article 10 of the ECHR guarantee?

Article 10 of the ECHR guarantees freedom of expression, including freedom to hold opinions and to receive and impart information and ideas, subject to certain restrictions that are necessary in a democratic society.

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What does Article 10 of the ECHR allow regarding media?

States can require licensing for broadcasting, television, or cinema enterprises. This means that they may need to obtain permission to operate in those sectors.

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Freedom of Expression

The freedom to express oneself without fear of censorship or punishment, including the right to hold opinions and to seek, receive, and impart information through any media.

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Actual Malice Standard

This legal standard requires a plaintiff in a defamation case against a media outlet to prove that the publisher acted with actual malice, meaning they knew the information was false or acted with reckless disregard for the truth.

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Journalistic Confidentiality

The ability of journalists to protect the identity of their sources, who provide confidential information for stories. This is crucial for ensuring investigative journalism and holding power accountable.

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Ethical Principles of Journalism

The obligation of journalists to uphold ethical principles, including protecting confidential sources, ensuring accuracy, and avoiding biased reporting.

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The Watchdog Role of the Press

The role of the press in scrutinizing and exposing wrongdoing by individuals and institutions, acting as a check on power.

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Journalist's Right to Access Information

The right of journalists to freely access information from public and private sources, including maintaining contacts and ensuring professional confidentiality.

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Limitations on Freedom of Expression

The principle that limits freedom of expression when it poses a threat to national security, public safety, or other important societal interests. This balance protects both individual rights and collective well-being.

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OSCE Conference Document, Article 40

A legal document signed by 34 states, including the USA and Romania, that enshrines journalists' right to access information and maintain confidentiality.

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Goodwin v. The United Kingdom

A landmark case that established the importance of protecting journalistic sources for press freedom.

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Goodwin: Restriction on Press Freedom

The court ruled that restricting press freedom by forcing the disclosure of sources can only be justified by a pressing social need.

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Article 10 of the ECHR

The freedom to hold opinions, and to receive and impart information and ideas without interference by public authorities.

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Balancing Freedom of Press and Public Interest

The European Court of Human Rights (ECHR) requires a balance between protecting press freedom and other public interests, like national security.

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Regulating Broadcast Media

The ECHR gives states some leeway in regulating broadcast media, recognizing that it can have significant public impact.

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Protection of Journalistic Sources

Journalists need a safe space to do their job, meaning protecting their sources is crucial for a free press.

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The Press as a Watchdog

The court recognizes the crucial role of the press in informing the public and holding power accountable.

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Proportionality principle

The principle of proportionality means that any restriction on a right, like freedom of expression, must be necessary and proportionate to the legitimate aim being pursued. It ensures that restrictions are not excessive or go beyond what's needed.

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ECHR's supervisory function

The European Court of Human Rights (ECHR) acts as a watchdog, making sure national authorities respect human rights and follow the European Convention on Human Rights.

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Scrutiny of source confidentiality

In cases involving the right to freedom of expression, the ECHR carefully examines any restrictions on the freedom to reveal sources, making sure they are justified and proportionate.

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ECHR's role in reviewing decisions

It's not for the ECHR to replace national authorities' decisions. Instead, it reviews them under the lens of the European Convention on Human Rights to ensure they are legitimate.

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Reviewing reasons for restrictions

The ECHR examines the reasons given by national authorities to justify their actions. It makes sure these reasons are relevant and sufficient to justify the restriction.

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Reasonable relationship of proportionality

The ECHR considers if there's a reasonable balance between the legitimate objective of the restriction and the means used to achieve it.

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Necessary in a democratic society

The ECHR considers whether the interference with freedom of expression is really necessary to protect other rights or interests in a democratic society.

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Violation of human rights

The ECHR can find that a state has violated the European Convention on Human Rights if it infringes on someone's human rights, including freedom of expression.

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Barb vs. Romania

The ECHR found that a journalist's critical writings about a Romanian politician were within the acceptable bounds of exaggeration and provocation, even if some details were incorrect.

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Judith Miller Case

The journalist, Judith Miller, went to jail for refusing to reveal her confidential source who illegally leaked information about a CIA agent's identity.

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Acceptable Exaggeration and Provocation

A journalist's freedom of expression is protected, even if they make mistakes, as long as they act in good faith and their words are part of acceptable exaggeration or provocation.

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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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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.

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