Schedule 1 HRA 1998 – The "Convention Rights" Flashcards
(20 cards)
Which Article protects an individual’s right not to be subjected to torture or inhuman or degrading treatment?
A. Article 5 – Right to liberty and security
B. Article 8 – Respect for private and family life
C. Article 6 – Right to a fair trial
D. Article 3 – Prohibition of torture
D. Article 3 – Prohibition of torture
Explanation: Article 3 is an absolute right, allowing no exceptions or limitations under any circumstances.
A journalist is prosecuted for publishing information on government surveillance programs. What Article is most relevant?
A. Article 8 – Respect for private life
B. Article 10 – Freedom of expression
C. Article 11 – Freedom of assembly
D. Article 12 – Right to marry
B. Article 10 – Freedom of expression
Explanation: Article 10 covers the right to receive and impart information, including journalistic freedom. It is a qualified right.
A person is detained for several days without being charged or brought before a judge. Which right may have been breached?
A. Article 4 – Prohibition of slavery
B. Article 5 – Right to liberty and security
C. Article 7 – No punishment without law
D. Article 9 – Freedom of thought, conscience and religion
B. Article 5 – Right to liberty and security
Explanation: Article 5 protects against arbitrary detention. Prompt judicial oversight is essential under Article 5(3).
A religious individual is barred from wearing a visible religious symbol at work. What right might they invoke?
A. Article 6 – Fair trial
B. Article 7 – No punishment without law
C. Article 14 – Prohibition of discrimination
D. Article 9 – Freedom of thought, conscience and religion
D. Article 9 – Freedom of thought, conscience and religion
Explanation: Article 9 protects belief and manifestation of belief, though the latter can be restricted under proportionality principles.
Which right is most likely to apply if a person is denied access to family members due to prison restrictions?
A. Article 3 – Freedom from inhuman treatment
B. Article 5 – Liberty
C. Article 8 – Respect for private and family life
D. Article 10 – Expression
C. Article 8 – Respect for private and family life
Explanation: Article 8 protects family relationships and contact — restrictions must be justified, lawful, and proportionate.
A peaceful protest outside Parliament is restricted by police due to potential disruption. What right is most directly engaged?
A. Article 8 – Privacy
B. Article 9 – Religion
C. Article 10 – Expression
D. Article 11 – Freedom of assembly and association
D. Article 11 – Freedom of assembly and association
Explanation: Article 11 protects peaceful assembly. Restrictions must be necessary and proportionate under the law.
A law is passed retroactively criminalising a previously legal act. Which right is engaged?
A. Article 6 – Fair trial
B. Article 7 – No punishment without law
C. Article 11 – Freedom of association
D. Article 2 – Right to life
B. Article 7 – No punishment without law
Explanation: Article 7 prohibits retroactive criminal laws — a fundamental principle of legal certainty.
An individual claims they were treated unfairly in court because of their nationality. Which rights could they combine?
A. Article 6 and 14
B. Article 8 and 10
C. Article 5 and 6
D. Article 9 and 13
A. Article 6 and 14
Explanation: Article 6 guarantees fair trial rights; Article 14 prohibits discrimination in the enjoyment of other Convention rights.
A child is denied access to schooling because of their disability. Which legal protections could they rely on?
A. Article 2 of Protocol 1 and Article 14
B. Article 3 and Article 8
C. Article 9 and Article 12
D. Article 6 and Article 7
A. Article 2 of Protocol 1 and Article 14
Explanation: The right to education is protected by Article 2 of Protocol 1; discriminatory denial may engage Article 14.
A detained person is held in overcrowded, unsanitary conditions and denied basic care. What right may be engaged?
A. Article 4 – Freedom from forced labour
B. Article 5 – Liberty and security
C. Article 3 – Prohibition of inhuman or degrading treatment
D. Article 12 – Right to marry
C. Article 3 – Prohibition of inhuman or degrading treatment
Explanation: Inhumane prison conditions may amount to Article 3 violations, which are not permitted under any circumstances.
A person is not informed of their rights or legal representation while in police custody. What right is most directly breached?
A. Article 2 – Right to life
B. Article 9 – Freedom of religion
C. Article 14 – Non-discrimination
D. Article 6 – Right to a fair trial
D. Article 6 – Right to a fair trial
Explanation: Article 6 includes the right to legal advice and to be informed of the nature of the accusation.
A journalist is prevented from attending a court hearing without justification. What right is engaged?
A. Article 12 – Right to marry
B. Article 8 – Right to private life
C. Article 11 – Freedom of association
D. Article 6 – Right to a fair trial
C. Article 11 – Freedom of assembly and association
Explanation: Public access to legal proceedings may be limited only for good reason under Article 6 — but protest/attendance issues often fall under Article 11.
A law is enacted criminalising participation in certain peaceful religious practices. What Article would be breached?
A. Article 9 – Freedom of thought, conscience and religion
B. Article 10 – Freedom of expression
C. Article 7 – No punishment without law
D. Article 13 – Right to an effective remedy
A. Article 9 – Freedom of thought, conscience and religion
Explanation: Article 9 protects the right to hold and practice religious beliefs — including worship and observance.
Which Article ensures that couples can legally marry under national laws, subject to age and capacity?
A. Article 5 – Right to liberty
B. Article 7 – No retrospective penalties
C. Article 6 – Fair trial
D. Article 12 – Right to marry
D. Article 12 – Right to marry
Explanation: Article 12 protects the right to marry, though it may be regulated by national legislation.
A person is denied access to legal assistance and cannot challenge a fine imposed by the state. What right is most likely engaged?
A. Article 2 – Right to life
B. Article 13 – Right to an effective remedy
C. Article 4 – Prohibition of slavery
D. Article 9 – Religion
B. Article 13 – Right to an effective remedy
Explanation: Article 13 ensures a person has an effective domestic remedy for Convention rights breaches.
A child is placed in solitary confinement for long periods as a disciplinary measure. What right might this breach?
A. Article 3 – Prohibition of inhuman or degrading treatment
B. Article 8 – Respect for private life
C. Article 12 – Right to marry
D. Article 6 – Fair trial
A. Article 3 – Prohibition of inhuman or degrading treatment
Explanation: Extended solitary confinement, especially for minors, can meet the threshold for inhuman treatment under Article 3.
Which right prohibits forced or compulsory labour, except for lawful exceptions such as community service or prison work?
A. Article 11 – Freedom of assembly
B. Article 5 – Liberty and security
C. Article 14 – Non-discrimination
D. Article 4 – Prohibition of slavery and forced labour
D. Article 4 – Prohibition of slavery and forced labour
Explanation: Article 4(2) bars forced labour but allows exceptions for punishment or civic duties.
A media outlet is fined for publishing criticism of the government. What right is most likely engaged?
A. Article 7 – Retrospective penalties
B. Article 3 – Inhuman treatment
C. Article 12 – Right to marry
D. Article 10 – Freedom of expression
D. Article 10 – Freedom of expression
Explanation: Article 10 includes political speech and press freedom — any restriction must be proportionate and legally justified.
A landlord refuses to rent a property to a same-sex couple. What rights might be invoked?
A. Article 8 – Privacy
B. Article 4 – Freedom from slavery
C. Article 14 – Non-discrimination
D. Article 6 – Fair trial
C. Article 14 – Non-discrimination
Explanation: Article 14 applies when discrimination affects the enjoyment of another Convention right, such as Article 8.
A detainee is not told why they are held, nor given an opportunity to challenge their detention. Which right is most clearly breached?
A. Article 12 – Right to marry
B. Article 6 – Fair trial
C. Article 5 – Right to liberty and security
D. Article 8 – Privacy
C. Article 5 – Right to liberty and security
Explanation: Article 5 includes the right to be informed of the reasons for arrest and to challenge it before a court.