Human Rights Part C

Part C include what of the European Convention Law ?

The Convention Rights

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Article 2 - Right to life

Everyone's right to life shall be protected by law.

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Explain fully Article 2

Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use which is no more than absolutely necessary:
a.) In defence of any person from unlawful violence;
b.) In order to effect a lawful arrest o

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McCann v UK 1996

- Shooting of IRA suspects by SAS officers
- Alleged breach of Art 2
- UK Government argued shootings necessary to protect the lives of others (believed bomb about to to be detonated by suspects)
- ECtHR held that the shootings were not absolutely necess

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Article 2 - duty to investigate suspicious deaths

used by the families of victims of Hillsborough disaster to get inquest into deaths.

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Article 2 - duty to protect lives

Osman V UK 1999
Wife and son of deceased brought a claim under Art 2 after state failed to protect husband/father who was murdered by teacher of the son who had been stalking the family.

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Article 3 - Freedom from torture, inhuman & degrading treatment

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

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Article 3 - meaning

Ireland v UK 1998
Torture - deliberate inhuman treatment causing very serious and cruel suffering.
Inhuman treatment- would cause intense physical and mental or psychiatric suffering.
Degrading treatment- behaviour that would arouse in the victim feelings

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Article 3 - Tyrer V UK 1978

Birching held to be degrading treatment.

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Article 3 - Chahal V UK 1997

- State may have positive obligation not to put someone in a position where they may be subject to treatment which breaches Art 3.
- UK under obligation not to deport Chahal to country where likely to be tortured.

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Article 5 - Right to Liberty & Security

Everyone has the right to liberty and security of person. No one shall be deprived of his liberty.
A right not to be lawfully detained.

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Article 5 - Judicial Process

Everyone arrested to be informed promptly, and in a language he understands, of reasons for arrest and any charge (Art 5 (2)
Everyone arrested to be brought promptly before a judge (Art 5 (3) (re Art 5 (1) (c) detention)
Brogan V UK - detention for over

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Article 5 - Detention

Kettling
Austin V UK 2012
Applicants contained by police outside Oxford Circus Tube Station for around 7 hours. Police used 'kettling' technique - encircling a group of people to contain them .
Held: Not a deprivation of liberty as Containment necessary

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Article 6 - Right to a Fair Trial (9 statements)

Fair & public hearing within a reasonable time.
Independent & impartial tribunal.
Public trial.
Presumption of innocence.
Details of accusations.
Time & facilities to prepare defence.
Legal assistance - of own choosing.
Examination of witnesses.
Access

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Human Rights Part C

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Card 2

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