HUMAN RIGHTS - ECHR, ECtHR, HUMAN RIGHTS ACT 1988

Question 1

TYPES OF HUMAN RIGHT

Answer 1

• Absolute = The strongest rights. Can’t be deviated from or breached. E.g. Right to a Fair Trial (Art. 6)
• Limited = The state can only deviate from them in prescribed limitations. E.g. Right to Liberty (Art. 5)
• Qualified rights = Covers most human rights. Can be removed ‘when prescribed by law, or necessary and proportionate in a democratic society to fulfil a legitimate aim’. E.g. Right to Freedom of Expression (Art. 11)

Question 2

ECHR HUMAN RIGHTS

Answer 2

2 - Right to life
3 - Freedom from torture, inhuman or degrading treatment
4 - Freedom from slavery and forced labour
5 - Right to liberty and security of the person
6 - Right to a fair trial
7 - Freedom from retrospective law
8 - Right to respect for private and family life, home and correspondence
9 - Freedom of thought, conscience and religion
10 - Freedom of expression
11 - Freedom of assembly and association
12 - Right to marry and start a family
13 - Prohibition of discrimination

Question 3

HUMAN RIGHTS ACT 1988

Answer 3

s2 = When deciding on a case involving human rights, ECtHR precedent is STRONGLY PERSUASIVE, + judges must take into account
s3 = Must also consider the case ‘as much as it is possible to do so’ in compatibility with ECHR
s4 = Declaration of incompatibility (Belmarsh case)
s6 = Public bodies can be sued for breach of HR, not private. Inc. private bodies doing public services, Poplar Housing
s7 = Can take human rights cases to domestic courts, and then ECtHR on appeal
s19 = Statement of Compatibility