Human rights intro Flashcards
(14 cards)
LIBERTIES vs RIGHTS
Q: What is the key difference between a liberty and a right?
A: A liberty means something is permitted because it is not prohibited by law; a right is something specifically granted by law and may require positive action from the state.
Q: Which case discusses the UK’s concept of constitutional liberties?
A: Wheeler v Leicester City Council [1985] — Lord Browne-Wilkinson explained that freedoms in the UK are often residual, not explicitly granted.
TYPES OF RIGHTS
Q: What are absolute rights under the ECHR?
A: Rights that cannot be restricted under any circumstances (e.g., Article 3 – prohibition of torture).
Q: What are qualified rights under the ECHR?
A: Rights that can be interfered with, provided the interference is lawful, pursues a legitimate aim, and is necessary in a democratic society (e.g., Articles 8–11).
CASE LAW – ARTICLE 3 (Prohibition of Torture)
Q: What case involved judicial birching and Article 3?
A: Tyrer v UK (1978) – judicial corporal punishment was ruled degrading.
Q: Which case ruled deportation to the US could violate Article 3?
A: Soering v UK (1989) – risk of death row in the US breached Article 3.
Q: What case confirms deportation cannot occur if torture is likely?
A: Chahal v UK (1996) – even for national security risks.
Q: Which recent case upheld non-deportation on torture grounds?
A: R (AAA) v Secretary of State for the Home Department [2023].
CASE LAW – ARTICLE 8 (Private & Family Life)
Q: Which case dealt with right to care home residence?
A: R (Coughlan) v North and East Devon Health Authority [1999].
Q: Which case concerned public CCTV footage disclosure?
A: Peck v UK (2003) – found a breach of privacy.
Q: What case involved deportation and rehabilitation under Article 8?
A: AA v UK (2011) – deportation was disproportionate.
Q: Which case advanced trans rights under Article 8?
A: Goodwin v UK (2002) – legal recognition and right to marry.
Q: What recent climate case is relevant to Article 8?
A: KlimaSeniorinnen v Switzerland (2024) – insufficient action on climate change breached Article 8.
