Came into force 1953 to address mid 20th century HR Issues.
Recognised by UK & re-enforced into UK law by 1998 HR Act which became active in 2000
1 of 16
Absolute Right
Right cannot be restricted in any way
2 of 16
Limited Right
Right can be restriced by the state for a legally recognised and procedurally correct reason "detention following a conviction in court"
3 of 16
Qualified Right
Right which is balanced against the needs of other peoples rights and can be restricted accordingly for the benefit of society
4 of 16
Article 5.1
Everyone has the right to liberty and security of the person. No one shall be deprived of their liberty save in the following cases and in accordance with procedures prescribed by law.
5 of 16
Right
This must be a positive obligation on the state to ensure this for the citizens of a country
6 of 16
Liberty
Autonomy or independence from arrest/detention "Engel v The Netherlands"
A fundamental right in a free society
7 of 16
Deprivation
A matter of 'degree and intensity' of the restrictions placed on the individual "Guzzardi v Italy"
8 of 16
Deprivation in terms of mental/physical disabilites
Those with physical/mental incapacities have the same right to liberty as everyone else "Cheshire West and Chester Council v P"
9 of 16
Deprivation in terms of locked door
A person can be deprived of liberty even if departure is not prevented by a locked door "Lord Hope 2009 from Austin V Met Police"
10 of 16
Kettling
where the police decide that its justified to kettle to prevent a greater degree of social disturbance but it should be a last resort "R v Commissioner of Police of the Metropolis"
11 of 16
Security
Means the individual cannot have their liberty removed or restricted without just cause.
12 of 16
5.2
Right can be restricted where the law allows either: Arrest and subsequent detention where the correct procedure must be followed
13 of 16
5.3
Individual must appear promptly before a court/judicial officer – four days and 7 hours is too long Brogan V UK
Judge must be independent R vRaz
14 of 16
5.4
Where detained, proceedings should quickly occur to have the lawfulness of the detention decided upon! - Custodial sentence which restrict a freedom must be set by legal process of the country involved
15 of 16
5.5
the right to compensation exists where a violation occurs.
16 of 16
Other cards in this set
Card 2
Front
Right cannot be restricted in any way
Back
Absolute Right
Card 3
Front
Right can be restriced by the state for a legally recognised and procedurally correct reason "detention following a conviction in court"
Back
Card 4
Front
Right which is balanced against the needs of other peoples rights and can be restricted accordingly for the benefit of society
Back
Card 5
Front
Everyone has the right to liberty and security of the person. No one shall be deprived of their liberty save in the following cases and in accordance with procedures prescribed by law.
Comments
No comments have yet been made