Public: HRA 1998 and European Convention on Human Rights Flashcards
(25 cards)
What does section 2 of the HRA 1998 require UK courts to do?
“Take into account” relevant Strasbourg (ECtHR) case-law when deciding Convention issues
What power does section 3 of the HRA grant UK courts?
To read and give effect to all legislation in a way compatible with Convention rights “so far as possible”
What remedy does section 4 of the HRA provide?
A Declaration of Incompatibility when primary legislation cannot be read compatibly
What prohibition does section 6 of the HRA impose on public authorities?
They must not act in any way that is incompatible with Convention rights
Who may bring a claim under section 7 of the HRA?
Any “victim” of an act (or omission) by a public authority which allegedly breaches a Convention right
What is the core obligation under Article 2 ECHR?
To protect the right to life
What does Article 3 ECHR absolutely prohibit?
Torture and inhuman or degrading treatment or punishment
What are the lawful grounds for deprivation of liberty under Article 5(1) ECHR?
E.g.
What is required by Article 5(2) ECHR?
Prompt notification of reasons for arrest and any charge in a language the person understands
What guarantee does Article 5(3) ECHR give?
That everyone arrested or detained is brought promptly before a judge and tried or released “without delay”
Name two core fair-trial rights under Article 6 ECHR.
E.g.
What four interests are protected by Article 8 ECHR?
Private life; family life; home; correspondence (all subject to lawful interference if justified)
What three-stage test must any interference with Article 8 rights satisfy?
It must be: in accordance with law; pursue a legitimate aim; and be necessary in a democratic society (proportional)
What freedoms does Article 10 ECHR secure?
Freedom of expression
List three legitimate aims that may justify restricting Article 10 rights.
National security; public safety; prevention of disorder or crime; protection of health or morals; protection of reputation or rights of others
What does Article 14 ECHR prohibit?
Discrimination in the enjoyment of Convention rights on any ground such as sex
What principle does the “living instrument” doctrine establish?
That the Convention must be interpreted dynamically in light of present-day conditions
How does the HRA achieve “indirect horizontal effect”?
By requiring courts to develop common law so that
Under the HRA
what must a court do upon finding a statutory provision incompatible?
What is the statutory defence in civil claims for wrongful acts by public authorities under Section 8 HRA?
There is no general defence—public authorities are liable for breaches unless another statute provides immunity
How does section 10 of the HRA operate?
Enables Ministers to amend or repeal incompatible provisions by order (fast-track remedial order) without full re-legislation
What standing rule applies to “victims” under the HRA?
Applicants must show they are directly affected by the act or omission complained of
Which case confirmed that section 3 interpretations may require “reading in” words?
R v A (No 2) [2001] – added words to allow a rape complainant’s sexual history evidence to be admitted compatibly with rights
What limitation does Article 17 ECHR place on Convention rights?
Prohibits using the rights to destroy or limit the rights of others or to evade other obligations under the Convention
