Human rights

Question 1

Article 9

Answer 1

right of freedom of thought conscience and religion
Eweida v United Kingdom - healthy democratic society tolerates and sustains diversity

Question 2

R (williamson) v SS Education and Employment

Answer 2

Holding a belief is an absolute right - manifesting it is qualified
Principles - Belief must satisfy some modest objective standards
be consistent with basic standards of human dignity

adequate degree of seriousness and importance
Be coherent in the sense of being intelligible and capable of being understood
link to begum sincerely held religious belief

Question 3

3 stage test in williamson

Answer 3

Test for limiting manifestation of belief
must be prescribed by law
must persue a legitimate aim
must be necessary in democratic society

Question 4

Legal aims of article 9

Answer 4

Public
safety
protection of public order
health or morals
protection of the rights and freedom of others

Question 5

Article 10 Restriction of qualified right

Answer 5

1)
R v Shayler - Legality: is the restriction prescribed by law?
identifiable - Legal rule is restricting their right
Accessible and Forseeable - can they find the right that are being challenged on and are the consequences foreseeable?
according to rules and in good faith
Is the restriction Pursuing a legitamate aim?
- National security
- public safety and protection of disorder or crime
- protection of health, morals, reputation of rights of others
Preventing disclosure of confidential info
Maintaining the authority and importance of the judiciary
MUST BE NECESSARY - Sunday times no 1 v UK 1979
Court must be satisfied that the interference was neccesary

Question 6

Test for specific measures limiting Right

Answer 6

Huang v SSHD and Kashmiri v SSHD
The objective is sufficiently important to justify limiting a fundamentalright;
The meansused to achievethat objective are rationally connected toit;
The means used to impair the right or freedom are no more thanisnecessary to accomplish thatobjective;and
There is maintained a fair balance between the rights of the individualorgroups and the interests of the community. (Stage added in Huang)

Question 7

General Measures - rules regulating conduct that everyone must abide by

Answer 7

Animal Defenders International v UnitedKingdom[2013] ECHR 362
The Court established a 3-step proportionality test for measuring general measures:
the quality of the parliamentary and judicial review of the necessity of the measure
the underlying the reasons for adopting the general measure
any risk of abuse if a general measure is relaxed

Question 8

Example of general measures being balanced

Answer 8

Thompson and Venables v News Group Newspapers
T & V made anonymous due to likelihood of being susbject to violence upon release
Article 2 Sets anonymity order for their right to life
Newspaper wanted to publish information
Balance between article 2 rights of T and V and article 10
Legitimate aim trying to prevent crime

Question 9

Example application of Article 10 balancing

Answer 9

BBC v SoSJ [2012]
BBC wanted to interview terrorist but there were public interest problems to balance - preventing distress to victims v Article 10 right to receive information

Question 10

What is Article 10

Answer 10

freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers