Breach of Convention Rights Flashcards
(5 cards)
How to bring a claim
Claimaint must fall under S 7 HRA 1998 as a victim: (ie directly affected)
the body must fall under s 6 HRA 1998
must be considered lawful interference within meaning of s 8 to recieve award of damages.
main issues:
rights to life (and not to be tortured)
rights to liberty and fair trial
freedom of expression and privacy
freedom of assembly and political rights
freedom of religion and right to non-discrimination.
Rights to life
absolute right
- cannot be limited.
HRA
S 1 - gives convention rights
S2 - case law of ECHR
s 3 - requires interpretations of legislation to be read in compatibility with convention rights
S 4 - allows courts to make declaration of incompatibility
S6- duty of PA
S7 and 8 - enables victimes affected by breach of duty in s 6 to seek remedy
S 19 - statements of compatibility (requires minisers to think
Convention Rights
Art 2 - right to life
Art 3 - prohibition of torture (absolute right)
Art 4 - prohibtition of slavery and forced labour (absolute right)
Art 5 - right to liberty and security
Art 6 - right to a fair trial
Art 7 - no punishment without law (criminal acts)
Art 8 - right to respect for private and family life
Art 9 - freedome of throught, religion
Art 10 - freedom of expression
Art 11 - freedom of assembly
Art 12 - right to marry (according to national law)
Art 13- right to effective remedy
Art 14 - prohbition of discrimination
Art 15 - derogation in times of emegerncy (ie war)
