AQA A Level Law - Paper 3 Human Rights

What should you start any HR question with?

The convention articles were brought directly into UK law by the Human Rights Act 1998

Under S6-8 an individual can take action against a public authority if these rights are interfered with and can claim damages which are discretionary

Article 2 - what does this right protect

Right to life - everyone's right to life shall be protected by law

Article 2 - what does clause 2 set out

There will be no breach if force is used to:

- Defend a person

- Carry out an arrest

- Prevent escape

(The use of and extent of force must be necessary/and no more than absolutely necessary)

Article 2 - what are the two obligations and what do they say

Positive obligation - the state must do positive things to protect the right

Negative obligation - the state mustn't prevent the right (deprive you of life)

Article 2 - what case shows a positive obligation to protect from life threatening environmental risks and dangers

Oneryildiz v Turkey

Article 2 - what 2 things and cases show a positive obligation to protect individuals from violence by others

Osman V UK - failure by police to protect or respond to 999 calls

Robinson v CC o S Yorkshire - police themselves hurt an innocent member of the public/bystander

Article 2 - what case showcases prevention of suicide

Rabone v Pennine - state must try to prevent suicide of people under state control (prisons/psych wards)

Article 2 - what case shows a duty to make adequate investigations to losses of life

R v Jordan

Article 2 - what case shows the right in regards to availability of medical care and treatment

Ann Marie Rogers

Article 2 - what times does the deprivation of a life occur

When force used to:

- Defend a person

- Carry out an arrest

- Prevent escape

Is not necessary or excessive force has been used

Article 2 - what case showcases not necessary force used

McCann v UK

Article 5 - what is the article

Right to liberty and security - everyone has this right and an action can be brought if C has been deprived of this right (HM v Switzerland)

Article 5 - what case shows no deprivation when kettling or detention in streets is used

Austin v UK

Article 5 - what are 2 examples where the state can argue a procedure allows them to deprive

PACE s24 or Breach of Peace

Article 5 - under what sections can the state argue they're allowed to deprive and what cases show these

S5 1 a - detained following conviction (Stafford v UK)

S5 1 b - arrested or detained to secure an obligation proscribed by law (Ostendorf v Germany)

S5 1 c - arrested to bring in front of a competent legal authority (Hicks v Commissioner of Police)

Article 5 - what case established a 2 stage test for when the state must show necessity and proportionality

Hayes v CC of Merseyside

- did officer believe arrest was necessary for one of the reasons

- was the belief objectively reasonable

Article 5 - what sections show a person arrested must be given additional protections

S2 - must be given reason for arrest and any charges against them (Fox 1990)

S3 - must be brought into court promptly, right to bail, right to trial in reasonable time (Bail Act 1976)

S4 - right to challenge lawfulness of detention

S5 - right to detention for unlawful detention

Article 8 - what is this right

Right to private life and family life

Article 8 - what must you question when dealing with article 8

Has there been an interference with the persons privacy, family life, home and correspondence

Article 8 - what does family life mean

Include various types of relationships like children and now including same sex marriages (Schalk v Austria)

Article 8 - what does private life mean

Includes physical and psychological integrity (e.g. listening to phone conversations (Halford v UK))

Article 8 - what does home life mean

Any place regarded as a part of a persons identity including places of work (Niemietz v Germany)

Article 8 - what section says there won't be an interference by a public authority if it's in accordance with the law and what 6 examples are there

Article 8 (2)

- protecting national security

- protecting public safety

- protecting the economy

- protecting health or morals

- preventing crime or disorder

- protecting rights and freedoms of others

Article 8 - what case shows the interference must be necessary and proportionate

Campbell v MGN (showed disproportionate interference)

Defamation - what is the act and what case showcases it - what is the test

Defamation act 2013 (Monroe v Hopkins)

- an ordinary person would think worse of C as a result of what has been said or published

- identifies or referred to him/her

- is published to 3rd party

Must show it caused 'serious harm'

What is the protection from harm act (criminal offences)

- Pursuing course of conduct amounting to harassment (alarming person or causing them distress)

- More serous offence where conduct puts person in fear of violence

Article 10 - what does this article protect

Right to freedom of expression

Article 10 - what are the 3 elements to freedom of expression + key to note

1. Freedom to hold opinions (state can't penalise citizens for holding different opinions)

2. Freedom to communicate information and ideas (includes freedom of press (Goodwin v UK) and political expression)

3. Freedom to receive and impart information and ideas (mainly used by media to gather information to pass onto public but also used by NHS/schools/local authorities)

Key to note: hate speech is outside protection under article 10

Article 10 - what are the 4 stages

- Everyone has this right (discuss what form of expression e.g. political/public/artistic etc)

- But the state or public body can restrict or limit this right if it's prescribed by law. This includes:

- Breach of peace

- public order act

- defamation

- protection from harm act

- the limitation must be for a legitimate aim:

- for prevention of disorder or crime

- for the protection of health of morals

- for protecting of the reputation or rights of others

- for preventing disclosure of information received in confidence

- for maintaining the authority and impartiality of the judiciary

- the limitation must be necessary in a democratic society (there exists a pressing social need) and it must be proportionate to achieve the legitimate aim (LaPorte case)

Article 11 - what does this article protect

Right to freedom of peaceful assembly and association with others

Article 11 - what are the 3 rights under article 11

1. Freedom of peaceful assembly (must be without violence or threat of violence (Platform v Austria))

2. Freedom of association with others (right to come together to form an association (Redfearn v UK)

3. Includes right to form and be a part of trade union, political party or any other association or voluntary group

Article 11 - what are the 4 stages

- Everyone has a right to freedom of peaceful assembly and association with others

- But the state or public body can restrict or limit this right if it's prescribed by law. This includes:

- Breach of peace

- public order act

- defamation

- protection from harm act

- the limitation must be for a legitimate aim:

- for prevention of disorder or crime

- for the protection of health of morals

- for protecting of the reputation or rights of others

- for preventing disclosure of information received in confidence

- for maintaining the authority and impartiality of the judiciary

- the limitation must be necessary in a democratic society (there exists a pressing social need) and it must be proportionate to achieve the legitimate aim (LaPorte case)