Human Rights Act and Discrimination Flashcards
When can a person bring a freestanding discrimination claim?
Only when they bring it under the HRA 1998
What are absolute rights under the HRA?
Right to life, right not to be tortured, right not to be subject to slavery, right not to be subject to retrospective criminal offences
What are limited rights under the HRA?
Right to liberty, right to a fair trial
What is ECHR proportionality?
The objective of the measure is sufficient important to justify the limitation of the right
The measure is sufficiently connected to the objective
There is no less intrusive measure available
The right infringement is not disproportionate to the benefits of the objective
What are qualified rights under the HRA and how are they qualified?
Includes right to privacy, right to freedom of thought and expression
Qualified by the ECHR proportionality test
Can someone bring a freestanding discrimination claim under the HRA 1998?
No, it needs to be with another ECHR claim
What is judicial deference?
That the courts will defer to the political authority where an issue is political in nature
What is the margin of appreciation?
Where most member states have taken a similar approach towards an issue, the state in question will be given some leeway
When can a state derogate from limited and qualified rights?
In wartime or in public emergencies
What can courts do if an Act of Parliament is in conflict with the ECHR?
Issue a declaration of incompatibility
What can Parliament do after a declaration of incompatibility?
Issue an urgent remedial order (effective immediately, and consolidated by both houses’ approval within 120 days) or a non-urgent remedial order (effective 60 days after approval)
Who can bring a claim under the HRA?
A direct victim, within 1 year of the complaint
