HR ARTICLE CASES

Question 1

Cheshire West V P

+what article it links to

Answer 1

Mentally incapacitated person wasn’t allowed to chose where to go-Breach of A5.

Question 2

A and Ors V UK (Belmarsh)

+what article it links to

Answer 2

Suspected terrorists imprisoned without criminal charge or conviction-Breach of A5.

Question 3

T and V v UK

Answer 3

Child murderers-were trialed in an adult court-breach of A6

Question 4

Woolmington v DPP

+what article it links to

Answer 4

D murdered his wife. Judge said he had to prove it was an accident. HoL quashed conviction-Breach of A6. D should not prove accident, but prosecution should prove guilt.

Question 5

Murray V UK

+what article it links to

Answer 5

D refused to answer questions in interviews, inferences were drawn from it and was not a violation as he was repeatedly told A6

Question 6

Gafgen V Germany

+what article it links to

Answer 6

Evidence gained through torture is unfair, only if evidence will effect outcome of the case

Question 7

Breivik case

+what article it links to

Answer 7

Murderer in solitary confinement was restricted in contact with other right-wing extremists. Not a breach of A8

Question 8

Quinton v UK

+what article it links to

Answer 8

Stop and search without suspicion-breach of A8

Question 9

Nasri v France

+what article it links to

Answer 9

Blind man without speech was deported, family lived in France-breach of A8

Question 10

Buckley v UK (and aim?)

+what article it links to

Answer 10

D unable to live in her caravan as was parked on a road and posed a danger to traffic (legitimate aim-public safety) A8

Question 11

Vogt v Germany (what article relates too)

Answer 11

School teacher dismissed for being a communist. Breach of A10 (freedom to hold opinions-even if shocking or offensive)

Question 12

Van Hannover v Germany

+what article it links to

Answer 12

Photos taken without permission. Had to balance A8 & A10. Breach of A8

Question 13

Spycatcher Case

+what article it links to

Answer 13

Injunction on further publication of book was not a violation of A10-to fulfil a legitimate aim-protect integrity of security service

Question 14

Laporte v Gloucestershire

+what article it links to

Answer 14

Coaches stopped on way to protest. D only had peaceful intentions but items on coach incited violent intent. D brought a judicial review, Chief Constables actions were disproportionate as premature, too early to prevent crime (so not a legitimate aim)

Question 15

Tolstay v UK

+what article it links to

Answer 15

Defamatory statements made. Awarded damages and injunction to stop further publication. D claimed for a breach of his A10-HoL held the injunction was necessary in a democracy to protect reputation. Set precedent that A10 can be limited to keep a democracy

Question 16

R v Ponting

+what article it links to

Answer 16

D leaked government documents. Charged under Official Secrets Act. Was legally wrong but morally right so jury acquitted him (jury equity) A10

Question 17

DPP v Jones

+what article it links to

Answer 17

Peaceful protest by Stonehenge. Considered trespass by police. Appealed and was breach of A11

Question 18

Artze fur das Leben v Austria

+what article it links to

Answer 18

Police attended a march of anti-abortion doctors to prevent any violence. Eggs were thrown at protesters. No violation of A11 for failing to protect them from eggs

Question 19

McFeeley v UK

+what article it links to

Answer 19

Convicted terrorist in prison restricted in contact with rest of prison. No breach of A11 (freedom of association), due to threat they posed.

Question 20

Young, James & Webster

+what article it links to

Answer 20

State have a positive obligation to protect people who do not want to join unions.

Breach of A11-If employee is forced to join trade union

Question 21

What right is A5?

Answer 21

Limited right-when it is prescribed by law

Question 22

What right is A6?

Answer 22

Absolute right

Question 23

What rights are A8,10,11?

Answer 23

Qualified rights-removed when legitimate aim, prescribed by law, necessary in a democracy and proportionate

Question 24

Handyside v UK

Answer 24

Publication of book was obscene and offensive. A10 was restricted to protect morals (legitamate aim)