A declaration of incompatibility was made for the 1973 act as it was inconsistent with Article 8 and 12 of ECHR. Parliament later passed the gender recognition Act 2004 to remove incompatibility.
1 of 8
Hirst v UK 2005
The UK did not amend the law to comply with the ECHR despite the declaration of incompatibility.
2 of 8
A v Secretary of State for the Home Department 2005
The House of Lords decided: 1) it is for the government to decide if there was an emergency situation. 2) The powers used were disproportionate, discriminatory and incompatible with Article 5 and 14 of the ECHR.
3 of 8
Wainwright- Used for evaluation
When visiting her son in prison, Mrs Wainwright and her other son who was disabled were ***** searched. The guards broke numerous policy rules and touched Alans genitals. Mrs Wainwright brought a case due to Article 3.
4 of 8
Cheshire West v P 2014 - Used for evaluation
Two sisters with learning difficulties were subjected to care proceedings that decided where they lived and the extent they could be restrained., arguably interfering with their right to liberty.
5 of 8
Smith v MOD 2013- Used for evaluation
MOD allegedly was in breach of Article 2 by not providing armed forces in Iraq with equipment to protect them
6 of 8
Savage v South Essex NHS 2008- Used for evaluation
Parents of deceased children tried to bring a claim upon the poor care their children received in hospital.
7 of 8
Ottoman 2012- Used for evaluation
ECtHR ruled deporting terrorists who were prisoners in the UK to jordan impeded upon their human rights.
8 of 8
Other cards in this set
Card 2
Front
The UK did not amend the law to comply with the ECHR despite the declaration of incompatibility.
Back
Hirst v UK 2005
Card 3
Front
The House of Lords decided: 1) it is for the government to decide if there was an emergency situation. 2) The powers used were disproportionate, discriminatory and incompatible with Article 5 and 14 of the ECHR.
Back
Card 4
Front
When visiting her son in prison, Mrs Wainwright and her other son who was disabled were ***** searched. The guards broke numerous policy rules and touched Alans genitals. Mrs Wainwright brought a case due to Article 3.
Back
Card 5
Front
Two sisters with learning difficulties were subjected to care proceedings that decided where they lived and the extent they could be restrained., arguably interfering with their right to liberty.
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