Human Rights Unit 3 Lesson 13

Questions and Answers

What year was the European Convention on Human Rights established?

1948

1975

1960

1953 (correct)

Which major event prompted the creation of the European Convention on Human Rights?

World War II (correct)

The Cold War

World War I

The Great Depression

What is the significance of the UK in the context of the European Convention on Human Rights?

The UK was a major contributor to its drafting (correct)

The UK did not agree with its principles

The UK rejected the treaty

The UK was the last member to join

What does the term 'fundamental rights' refer to in the context of the European Convention?

Basic rights and freedoms of individuals Signup and view all the answers

What was a major implication of the Human Rights Act 1998 on the police service?

Police actions must now consider human rights Signup and view all the answers

What is the role of the European Court of Human Rights?

To ensure compliance with the European Convention Signup and view all the answers

How do the principles of the European Convention relate to UK legislation?

They reflect existing legislation in the UK Signup and view all the answers

What kind of rights does the European Convention primarily focus on?

Individual human rights and freedoms Signup and view all the answers

Under which circumstance can an individual be lawfully deprived of their liberty?

After conviction by a competent court Signup and view all the answers

What must happen when someone is arrested according to the rights outlined?

They must be informed of the reasons for their arrest Signup and view all the answers

What right do individuals have if they believe their arrest was unlawful?

The right to take legal proceedings to challenge their detention Signup and view all the answers

Which of the following constitutes a lawful arrest?

An arrest following a warrant issued by a court Signup and view all the answers

What does the right to compensation imply for victims of unlawful arrests?

They are entitled to financial restitution Signup and view all the answers

Which situation does NOT justify the lawful detention of an individual?

During a public demonstration Signup and view all the answers

What is required for an arrest warrant to be considered lawful?

A formal order from a competent court Signup and view all the answers

What is a legitimate purpose for a lawful arrest based on suspicion?

Preventing future crimes based on past behavior Signup and view all the answers

Under what circumstances is deprivation of life not considered a contravention of Article 2?

When it is absolutely necessary in defense of a person from unlawful violence Signup and view all the answers

Which of the following actions can justify the use of force leading to deprivation of life under Article 2?

To effect a lawful arrest Signup and view all the answers

What constitutes torture according to the provided definition?

Deliberate inhuman treatment causing very serious and cruel suffering with a purpose Signup and view all the answers

Which of the following is an example of torture as defined in the content?

Threats of death against a suspect to obtain a confession Signup and view all the answers

What can be categorized as inhuman or degrading treatment or punishment according to the content?

Forcing a suspect to stand for long periods Signup and view all the answers

Which of the following acts would likely NOT be considered torture?

Psychological manipulation without physical pain Signup and view all the answers

In what context might 'conduct against a person' be classified as inhuman or degrading treatment?

When it lacks severe intent or significant suffering Signup and view all the answers

What is a key characteristic of conduct that constitutes torture?

It requires a purpose behind the treatment Signup and view all the answers

What is a primary focus of the Convention regarding individual rights?

The fair balance between community needs and individual human rights Signup and view all the answers

Which authorities are defined as 'Public Authority' under the Convention?

Police Scotland, Crown Office, Procurator Fiscal Service, and domestic courts Signup and view all the answers

What role does the European Court of Human Rights (ECHR) play?

To ensure member states comply with the rights outlined in the Convention Signup and view all the answers

What are protocols in the context of the Convention?

Protocols are amendments that can change the Articles of the Convention Signup and view all the answers

What does the Convention outline?

The rights of all individuals within member states Signup and view all the answers

What does Article 3 of the ECHR address?

Prohibition of Torture Signup and view all the answers

Which article of the ECHR guarantees the right to life?

Article 2 Signup and view all the answers

Why is it important for Police Scotland to adhere to the guidelines of the Convention?

To maintain the integrity of individual rights while enforcing the law Signup and view all the answers

What is a potential concern linked with the Human Rights Act 1998 in policing?

Balance between effective policing and individual rights Signup and view all the answers

What principle must be assessed when utilizing policing powers?

Proportionality Signup and view all the answers

Where is the European Court of Human Rights located?

Strasbourg Signup and view all the answers

Which of the following articles deals with the prohibition of discrimination?

Article 14 Signup and view all the answers

What does Article 6 guarantee?

Right to a Fair Trial Signup and view all the answers

Which of the following is NOT a principle related to ECHR Articles?

Impartiality Signup and view all the answers

The right to private and family life is guaranteed under which article?

Article 8 Signup and view all the answers

What is the purpose of the European Court of Human Rights?

To protect human rights in Europe Signup and view all the answers

Study Notes

Human Rights Overview

Established in 1953, the European Convention on Human Rights (ECHR) addresses human rights violations from World War II.
The UK was a significant contributor to the ECHR drafting, influencing its foundational principles.
The Convention aims to balance the general community interest with individual rights protection.
Police Scotland and the Crown Office are classified as ‘Public Authorities’ under this framework, adhering to various guidelines.

European Court of Human Rights (ECHR)

The ECHR, located in Strasbourg, ensures member states comply with the rights outlined in the Convention.

Key Articles of the ECHR

Article 2 - Right to Life: Deprivation of life is permissible only under strictly necessary conditions, including self-defense and lawful arrest.
Article 3 - Prohibition of Torture: Prohibits torture and inhuman or degrading treatment; aims to protect prisoners and the conditions of their detention.
Article 5 - Right to Liberty and Security:
- Individuals cannot be deprived of liberty except under lawful circumstances (e.g., post-conviction, lawful arrests).
- Arrested individuals have the right to be informed promptly of charges and seek legal proceedings for unlawful detention.
Article 6 - Right to a Fair Trial: Guarantees fair judicial processes.
Article 8 - Right to Respect for Private and Family Life: Protects personal privacy and familial integrity.
Article 14 - Prohibition of Discrimination: Ensures equal protection against discrimination.

General Principles of ECHR Articles

Covers additional principles in Articles 4, 7, 9, 10, 11, and 12 pertaining to rights and freedoms, including prohibition of forced labor and rights to freedom of expression and assembly.

Application in Policing

Emphasis on applying tests of proportionality, legality, accountability, necessity, and ethics when exercising police powers.
Understanding of human rights implications is crucial in day-to-day policing roles to prevent violations and ensure lawful conduct.

Resources for Further Study

Human Rights Act 1998 and supplementary legal databases.
Police Intranet human rights standard operating procedures.
European Court of Human Rights official website for comprehensive guidelines.

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This quiz focuses on the key concepts and principles of human rights as outlined in Unit 3, Lesson 13. Learners will assess their understanding of the material and reflect on the importance of human rights in various contexts.