Human Rights Flashcards Preview

General Police Duties > Human Rights > Flashcards

Flashcards in Human Rights Deck (5)
Loading flashcards...
1
Q

Which victims are eligible to bring about proceedings under the human rights act?

A

Victims that believe an authority has acted unlawfully by breaching their human rights and either they have been directly affected by their behaviour or they are at risk of being directly affected.

2
Q

For people that want to bring about proceedings against a public authority or want to bring about a judicial review, how long do they have to do this under human rights legislation?

A

The general rule is that it is within a year of the act complained of.

However it can be longer if the court considers it equitable having regard to all the circumstances.

3
Q

Is there a standing right to a lawyer for officers being interviewed for disciplinary matters?

A

No free standing right even if they are interviewed under caution.

4
Q

When can a state derogate from some of its qualified obligations under the human rights act?

A

Times of war
Public emergencies that threaten the life of the nation

A state can only derogate from article 2 right to life in relation to deaths during a lawful act of war.

However torture, slavery and no punishment without a crime can never be derogate from even in times of war.

5
Q

We know that states can derogate from obligations under the human rights act in times of war or public emergencies that threaten the life of the nation however there are some articles that can never be delegated from. What are they?

A

Article 3 - torture
Article 4 - slavery
Article 7 - no punishment without a crime

Article 2 right to life can only be derogated from in relation to war and not public emergencies.