The European Convention on Human Rights (ECHR) and Human Rights Act 1998 Flashcards

Vocabulary flashcards detailing core concepts, articles, and protocols of the European Convention on Human Rights (ECHR) and the Human Rights Act 1998 (HRA 1998) as presented in the lecture notes.

European Convention on Human Rights (ECHR)

An international treaty adopted in $1950$ and drafted by the Council of Europe to protect human rights and fundamental freedoms, now signed by $46$ member states.

Human Rights Act 1998 (HRA 1998)

The statute that incorporated most ECHR rights into UK law as 'Convention rights' via Section $1$ and Schedule $1$.

Individual Petitions

Proceedings where individuals who allege a breach of Convention rights by a state start proceedings at the ECtHR, provided domestic remedies are exhausted and it is within $4$ months of the final decision.

'Living Instrument'

The principle that the ECHR is interpreted generously in light of changing social conditions and evolving values to ensure human rights remain effective.

Absolute Rights

Convention rights that can never be interfered with in any circumstances whatsoever, such as Article $3$, which states must uphold at all times.

Limited Rights

Convention rights that can only be restricted in clearly defined, finite situations, such as the exceptions for lawful arrest under Article $5$.

Qualified Rights

Rights requiring a balance between individual rights and the wider public interest, which may be interfered with to protect a general interest or others' rights (e.g., Articles $8$, $9$, $10$, and $11$).

Prescribed by Law

A requirement for justifying restrictions on qualified rights, meaning the restriction must be embodied in domestic law that is accessible and sufficiently precise.

'Necessary in a Democratic Society'

A condition for qualified rights requiring that an interference meets a 'pressing social need' and is proportionate to the legitimate aim pursued.

Margin of Appreciation

The discretion allowed to member states by the ECtHR to judge necessity on issues where states might legitimately reach different conclusions based on their own public interest.

Proportionality Test

A four-part test from the Bank Mellat case: ($i$) objective importance, ($ii$) rational connection, ($iii$) use of the least intrusive measure, and ($iv$) a fair balance between individual and community interests.

Derogation

A power under Article $15$ allowing a state to not apply specified provisions 'in time of war or other public emergency threatening the life of the nation,' excluding non-derogable rights like Article $3$.

Article $2$ — Right to Life

An absolute right (with specific scope-defining exceptions) that prohibits the state from taking life and places a positive duty on the state to protect life.

Article $3$ — Torture, Inhuman or Degrading Treatment

An absolute right with no limitations or exceptions prohibiting 'torture' (deliberate treatment causing very serious suffering) and 'inhuman treatment' (treatment causing intense physical/mental suffering).

Article $4$ — Slavery and Forced Labour

Prohibits holding someone in slavery or servitude and requiring forced or compulsory labour, excluding work done by prisoners, military service, or emergency services.

Article $5$ — Right to Liberty and Security

A limited right ensuring no one is deprived of liberty in an arbitrary fashion, with specific exceptions for imprisonment after conviction, lawful arrest, or detention of the mentally ill.

Deprivation of Liberty

A matter of degree or intensity evaluated by the court based on physical confinement and cumulative restrictions, as distinguished from mere restrictions on movement.

Kettling

The police practice of containing a group of people in an area for a limited period for public order, which may not be a deprivation of liberty depending on the context and necessity.

Article $6$ — Right to a Fair Trial

Provides the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal for the determination of civil rights or criminal charges.

Presumption of Innocence

Under Article $6(2)$, the requirement that everyone charged with a criminal offence is presumed innocent until proved guilty according to law.

Article $7$ — Retrospective Crimes

Provides that no one shall be charged with a criminal offence for conduct that was not a crime at the time it was committed, nor suffer a heavier penalty than was then applicable.

Article $8$ — Respect for Private and Family Life

A qualified right guaranteeing respect for a person's private life, family life (stable relationships), home, and correspondence (letters, emails, and phone calls).

Article $9$ — Freedom of Thought, Conscience and Religion

An absolute right regarding internal belief, but a qualified right regarding the 'manifestation' of that religion or belief in worship, teaching, practice, and observance.

Article $10$ — Freedom of Expression

A qualified right to hold opinions and receive/impart information, which includes artistic and political expression, even if it is offensive or disturbing.

Article $11$ — Freedom of Assembly and Association

Guarantees the right to peaceful assembly (meetings and processions) and the right to participate with others in pursuit of common aims (political parties or pressure groups).

Article $12$ — Right to Marry

Protects the right of men and women of marriageable age to marry and start a family, extending to transsexual people but not currently requiring recognition of same-sex marriage.

Article $14$ — Protection from Discrimination

A 'non-free-standing' right that prohibits discrimination on grounds such as sex, race, or religion in the application and protection of other Convention rights.

Article $1$ of the First Protocol — Protection of Property

Guarantees the right to peaceful enjoyment of possessions (realty and personal property), typically requiring compensation if the state deprives an owner of property for public interest.

Article $2$ of the First Protocol — Right to Education

The right to access existing educational institutions and the right to official recognition of studies, respecting parents' religious and philosophical convictions.

Article $3$ of the First Protocol — Right to Free Elections

An absolute right requiring states to hold free elections at reasonable intervals by secret ballot, though states have a wide margin of appreciation in choosing electoral systems.

Article $1$ of Protocol $13$ — Abolition of the Death Penalty

Ratified by the UK in $2002$, this protocol provides that the death penalty shall be abolished in all circumstances, including war.