Human Rights: Individual Protection and Remedies

Flashcards covering the European Convention on Human Rights (ECHR), the Human Rights Act 1998 (HRA), key sections, non-derogable rights, and significant case law including Belmarsh and Ashers Bakery.

Who is eligible to apply to the European Court of Human Rights (ECtHR) according to Article 34?

Individuals from contracting states whose rights have been infringed (defined as a 'victim') and contracting states themselves.

Can an individual bring a claim against another individual in the European Court of Human Rights?

No; claims must be brought against state-parties to the ECHR.

At what stage can a case be brought to the European Court of Human Rights?

Only after the applicant has exhausted all domestic remedies.

What changed for UK citizens regarding human rights legal actions after the Human Rights Act 1998 came into force in 2000?

UK citizens can rely on Convention rights in UK courts directly, whereas previously they had to go to the European Court of Human Rights directly.

What is the function of Section 3 of the Human Rights Act 1998?

Interpretation of legislation.

What is the function of Section 4 of the Human Rights Act 1998?

Declaration of incompatibility.

What is the function of Section 6 of the Human Rights Act 1998?

Acts of public authorities.

According to Schedule 1 of the HRA, what is Article 3?

Prohibition of torture.

According to Schedule 1 of the HRA, what is Article 8?

Right to respect for private and family life.

According to Schedule 1 of the HRA, what is Article 10?

Freedom of expression.

What was the outcome regarding the detention of foreign nationals in the case A (and others) v Sec of State for the Home Dept [2004]?

The House of Lords issued a Declaration of Incompatibility because they did not believe indefinite detention was a necessary and lawful response to the emergency.

Under Article 15 of the ECHR, what are the conditions for a state to derogate from its obligations?

It can only be invoked in time of war or other public emergency threatening the life of the nation, and measures must be strictly required by the exigencies of the situation.

Which specific Convention rights allow no derogation under Article 15 § 2?

The right to life (except for lawful acts of war), prohibition of torture, prohibition of slavery and servitude, and no punishment without law.

What was the core reason for the ruling in Lee v Ashers Baking Company Ltd [2018]?

The bakers' objection was the message on the cake, not the sexual orientation of the customer; therefore, there was no discrimination.

What offence is defined under Section 78 of the Police Crime Sentencing and Courts Act 2022?

Intentionally or recklessly causing public nuisance.

In the 2024 Just Stop Oil sentencing, what were the jail terms for the five activists who organized the M25 protests?

Roger Hallam received five years, and the four other defendants each received four-year jail terms.

Which case confirmed that the dismissal of gay members of the armed forces is a breach of Article 8?

Lustig Prean and Beckett v UK (2000).

What was the ruling in Bellinger v Bellinger [2003] regarding gender reassignment?

Denial of legal recognition for the marriage of a person who underwent gender reassignment was a violation of Article 8 and Article 12.

How does Section 2(1) of the HRA describe the relationship between UK courts and ECtHR judgments?

A court must 'take into account' any judgment or decision of the ECtHR, though they are not strictly binding.

What happened in Leeds City Council v Price [2005] when there was a conflict between the Supreme Court and the ECtHR?

The Court of Appeal followed the House of Lords but allowed the appeal.