Human Rights

• What is the European Convention on Human Rights?

  A legal commitment by the 46 signatory states to abide by certain standards of conduct and to protect the fundamental rights and freedoms of individuals
• What are the two key principles of the ECHR?

  • Protecting individuals from abuse by signatory states
  • Establishing positive duties upon the states to protect individuals
• What are the three types of convention rights?

  Absolute, limited and qualified rights
• What are absolute rights?

  • They cannot be restricted or suspended
  • E.g., No.3 - Prohibition of torture
• What are limited rights?

  • In specific circumstances, states can restrict them
  • E.g., No 5 - Right to liberty and security
• What are qualified rights?

  • Can be restricted temporarily in some circumstances broadly defined
  • Balancing the rights of the individual and the interests of society
  • E.g., No 10 - Freedom of expression
• What is derogation?

  • Set out in Article 15
  • A state can choose to exclude or ignore some specific rights at a time of war or other emergency threatening the life of the nation, but any removal of rights should be limited to those absolutely required by the situation.
• What is the purpose of The European Court of Human Rights?

  • To oversee the implementation of the Convention
  • To safeguard the ECHR while resolving disputes
  • To issue advisory opinions in response to questions on the interpretation of the Convention (Article 47)
  • To safeguard the ECHR while resolving disputes
  • To issue advisory opinions in response to questions on the interpretation of the Convention (Art. 47)
• Who sits in the ECtHR?

  Judges from member states
• How is an application made to the ECtHR?

  • By state parties against other state parties under Art. 33
  • E.g., Ireland v UK [1978] - Violation of Art.3 Prohibition of torture
  • By individuals, groups or NGOs against a state party under Art. 34
  • E.g., Hirst v UK (No.2) [2005]
• What is the admissibility criteria of the ECtHR?

  • Applicant must have exhausted all available domestic remedies
  • Four-month time limit from the date the final domestic decision was taken
  • Application not manifestly ill-founded or abuse of the right of application
  • Individual applicants must be the victim of the alleged violation (Art.34)
• What are the facts of Hirst v UK (No.2) [2005]?

  • A prisoner serving a life sentence for manslaughter was prevented from voting which was a violation of Art. 3 Protocol 1 (Right to free elections)
  • According to Representation of the People Act (1988), S.3 convicted felons cannot vote
• What was the outcome of Hirst?

  • The ECtHR held that “while the margin of appreciation is wide, it is not all-embracing. Such a general, automatic and indiscriminate restriction on a vitally important Convention right fell outside the margin of appreciation.” [82]
  • The UK refused to comply until 2017 when a compromise was reached that those on house arrest or serving a year or less could vote
• Parliament passed the Human Rights Act 1998 which incorporated Convention rights into domestic law and these are enforceable in domestic courts
• What are the key features of HRA 1998?

  • Makes it unlawful for UK public bodies to act in violation of rights and freedoms protected by the Convention
  • Requires UK courts when making decisions to take into account Convention Rights and the decisions of the ECtHR
  • Requires legislation to be interpreted and given effect, as far as possible, compatibly with convention rights
• How did the HRA impact the UK constitution?

  • Makes it unlawful for public bodies to violate Convention Rights.
  • It requires UK courts when making decision to take into account Convention Rights and the decisions of ECtHR.
  • Requires legislation to be interpreted and given effect, as far as possible, compatibly with Convention Rights.
• How did the HRA impact the courts and the executive?

  • Expanding review powers of courts over the govt
  • Introduced new standards (Convention Rights) for scrutinising the conduct of public authorities
  • Provides citizens with new ways to challenge public bodies in domestic courts
  • Increasing numbers of cases brought against the government
• How did the HRA impact the courts and parliament?

  • Affects parliamentary sovereignty
  • Courts have the power to interpret legislation compatibility with Convention
  • Allows courts to issue declarations of incompatibility
  • UK is bound by the Convention and the decisions of ECtHR