Human Rights

Question 1

What is Article 2

Answer 1

Right to Life

Question 2

What is Article 3

Answer 2

Prohibition to Torture

Question 3

What is Article 4

Answer 3

Prohibition of Slavery and Forced Labour

Question 4

What is Article 5

Answer 4

Right to Liberty and Security

Question 5

What is Article 6

Answer 5

Right to a Fair Trial

Question 6

What is Article 7

Answer 6

No Punishment without Law

Question 7

What is Article 8

Answer 7

Right for Respect for Private Life

Question 8

What is Article 9

Answer 8

Freedom of thought conscience and religion

Question 9

What is Article 10

Answer 9

Freedom of Expression

Question 10

What is Article 11

Answer 10

Freedom of assembly and association

Question 11

What is Article 12

Answer 11

Prohibition of discrimination

Question 12

What year was Human Rights Act

Answer 12

1998

Question 13

What is a Public Authority

Answer 13

A court of tribunal and any person carrying out certain functions of a public nature

Question 14

1. Explain the History of The Human Rights Act?

Answer 14

• European Courts of Human Rights was drafted 1948
• Adopted by UK 1950 but not written into domestic law
• 1966 recognised UK law did not always meet the requirements of ECHR and defendents were allowed to take their case to ECHR and with increasing frequency decisions of UK courts had been found wanting in the area of human rights
• 1998 Human Rights Act came about, adopted by the UK in 2000

Question 15

3. What is Public Authority?

Answer 15

A Court or Tribunal and any person carrying out certain functions of a public nature

Question 16

2. State the 6 provisions within The Human Rights Act?

Answer 16

Section 2:- Courts to take account of decisions of the ECHR

Section 3:- UK Legislation must be compatible with Convention Rights

Section 4:- High Court to make a declaration of non-compatibility

Section 6:- Unlawful for a Public Authority to act in a way incompatible with a Convention Right

Section: 7:- Provides for an aggrieved party to take proceedings

Section 8:- Court can grant remedy or relief

Question 17

6. What does the Act state an Officer must do?

Answer 17

An officer has a duty of care, a positive obligation to act, as an officer you cannot just walk on by. You must do something

Question 18

8. Name the 4 Absolute Rights within the Human Rights Act?

Answer 18

Article 2:- Right to Life

Article 3:- Prohibition of torture

Article 4 :- Prohibition of slavery and forced labour

Article 7:- No punishment without law

Question 19

n relation to the 1st Protocol what is it and what do police break in relation to this protocol?

Answer 19

The right to peaceful enjoyment of one’s possessions. Police break this protocol every time they seize property

Question 20

17. Give two examples of where the police treat people in accordance with The Human Rights Act?

Answer 20

PACE 1984 as it gives persons in detention protection

The Necessity Test S24 PACE power to arrest. Officers now how to prove it was necessary to arrest after considering all options to deal with a suspect.