topic 6 - ECHR & pre-HRA 1998

Question 1

absolute rights

Answer 1

can NEVER be interfered with in any circumstances

Question 2

qualified rights

Answer 2

can be restricted in order to protect the rights of other people

Question 3

limited rights

Answer 3

can be restricted in certain circumstances

Question 4

Article 3

Answer 4

prohibition of torture
(absolute right)

Question 5

Tyrer v UK A 26 (1978) 2 EHRR 1 (‘birching’)

Answer 5

corporal punishment
(Article 3)

Question 6

R(AAA) v Secretary of State for the Home Department [2023] UKSC 42

Answer 6

ensuring a person is not exposed to torture, means a person is not deported to a country in which there is a real risk they will be treated in such a way
(Article 3)

Question 7

AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17

Answer 7

resisting deportation on Article 3 grounds because they had advanced HIV
(Article 3)

Question 8

Article 2

Answer 8

right to life
(limited rights)

Question 9

R v Director of Public Prosecutions, ex p Pretty [2001] UKHL 6 & Pretty v UK (2002) 35 EHRR 1

Answer 9

right to die or to enlist help of others in bringing about one’s own death
(Article 2)

Question 10

Article 8

Answer 10

right to private and family life

Question 11

R (Coughlan) v North and East Devon Health Authority [1999] EWCA Civ 1871

Answer 11

healthcare decisions, ensuring that individual’s right to their home is respected
(Article 8)

Question 12

Peck v UK (2003) 13 BHRC 669.

Answer 12

disclosure of CCTV footage
(Article 8)

Question 13

AA v UK [2011] ECHR 1345

Answer 13

deportation
(Article 8)

Question 14

Goodwin v UK (2002) 35 EHRR 18.

Answer 14

rights of transexual people to be recognised as their acquired gender and to be able to marry someone of the opposite gender
(Article 8)

Question 15

Article 46(1)

Answer 15

judgements of the Court are binding in international law

Question 16

Article 9(1)

Answer 16

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to … to manifest his religion or belief, in worship, teaching, practice and observance.

Question 17

Article 9(2)

Answer 17

Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Question 18

Sunday Times v UK (1979–80) 2 EHRR 245

Answer 18

restriction of qualified rights must be ‘necessary in a democratic society’

Question 19

Hatton v UK (2002) 34 EHRR 1, [97]

Answer 19

states must minimise interference with these rights, by trying to find alternative solutions

Question 20

Soering v UK (1989) 11 EHRR 439, [89].

Answer 20

a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual’s fundamental rights’

Question 21

the proportionality test

Answer 21

Bank Mellat v Her Majesty’s Treasury (No 2) [2013] UKSC 39, [72]