5446723
Description
Flashcards by Amna AlNasser, updated more than 1 year ago
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Created by Amna AlNasser
over 8 years ago
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| Question | Answer |
| What is European Convention on Human rights | - ECHR is an international treaty that defines and protects fundamental rights and freedoms in Europe - drafted in 1950 by the Council of Europe but entered into force by 1953 - All Council of Europe members must sign to the ECHR and new members must ratify it as soon as joining - ECHR is what had established the European courts of human rights; it allows any person who feels their rights have been violated by a state party to take it to the court |
| History of the ECHR | - ECHR was constructed to raise awarness of humran rights in Europe mainly after 2 main events - It developed as a regional system to proect citizens against the violations casued in the 2 events; 1. WWIIl; since the brutality of WWII and the formation of Universal decleration of rights, the ECHR was creates as an inspiration to prevent such future violations 2. Response to the growth of communism in central and East Europe - ECHR was an attempt to protect member states of the Council of Europe from communist spread |
| Formation of the European court of human rights | - Once the convention was drafted by the Council of Europe, there was a need to implement a court - 100 parliamentarians from the 12 member states of the Council of Europe gathered in Strasbourg to draft a charter of human rights; they demanded a court was in place to then enforce these rights - British MP and lawyer Sir David Maxwell-Fyfe was one of the leading members and guided this drafting of the convention - The convention finally came to place in 1953 after the Uk ratified it Section 2 of the ECHR sets up the court of human rights and it gives the court the ability to reward damages on the basis of "just satisfaction" and to decide matters between member states or individuals and states. |
| Article 1 of the ECHR | Art 1= Respecting of rights - Article 1 simply binds all the signatories to secure the rights under the other articles of the convention "within their own jurisdictions" |
| Article 2-12 | Art 2-12 provides substantive rights e.g the right to life, prohibition of torture and slavery |
| Article 13 and 14 | 13 - provides a right to an effective remedy 14- prohibition of discrimination in the enjoyment of right Art 14 specifies aspects like sex, race, colour, religion or "other discriminations" - this means that the court can extend art 14 protecting on other grounds e.g a persons sexual orientation |
| Article 15 | Article 15 allows contracting states to derogate from certain rights in a time of war or other public emergency threatening life or the nation - permissible derogations under art 15 must meet 3 conditions 1) there must be a public emergency threatening life 2) the measures taken must be strictly required by the exigencies of the situation 3) the measures must be in compliance with a state's other obligation within international law |
| Does the ECHR has a hierarchy of rights? | NO - because some articles like 8 and 10 are limited in certain circumstances e.g there may be an instance where the freedom of expression Art 10 is limited by the protection of family life Art 8 YES- because to some extent, some rights are more absolute in the sense that they are viewed of higher states e.g The right t life, torture or punishment without the law - these are all articles that are absolute and have no leeway |
| Human rights act 1988 | - The human right act is a Uk passed law which means that you can defend your rights in the UK courts - It received royal assent in 1998 but came into force by 2000 Aim - to incorporate the rights of the ECHR into uk law; since it has been passed, the articles of the ECHR are justifiable in domestic UK courts |
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