Human Rights Act
Key terms:
Equality of arms: a fair balance between both parties on trial
Margin of appreciation: where its understood that local courts have a better appreciation for the current situation and culture
Positive obligation: where the states obligation extends beyond law provision and enforcement
Incompatible legislation: law that contravenes the HR which must be looked at and challenged
Human Rights act only applies to public authorities
What does it say?
Art 2:
Art 5: right to liberty and security
Art 8: right to respect for family and private life
Art 9: freedom of thought, conscience and religion
Art 10: freedom of expression
Art 11: freedom of peaceful assembly
Absolute rights are in sections 2, 3, 4, 5, 6, 7
Qualified rights are in sections 8-11 - and can be suspended in the public interest and a state need to interfere
Principles: legality, necessity, proportionate, equality of arms, margin of appreciation & positive obligation
Defendants can use HR as an defence to criminal proceedings, a basis for appeal, seek judicial review and claim compensation
In order to remain within someone's human rights its best to act within the PLANN principle:
Equality of arms: a fair balance between both parties on trial
Margin of appreciation: where its understood that local courts have a better appreciation for the current situation and culture
Positive obligation: where the states obligation extends beyond law provision and enforcement
Incompatible legislation: law that contravenes the HR which must be looked at and challenged
Human Rights act only applies to public authorities
What does it say?
Art 2:
- Right to life
- No more force than absolutely necessary
Art 5: right to liberty and security
Art 8: right to respect for family and private life
Art 9: freedom of thought, conscience and religion
Art 10: freedom of expression
Art 11: freedom of peaceful assembly
Absolute rights are in sections 2, 3, 4, 5, 6, 7
Qualified rights are in sections 8-11 - and can be suspended in the public interest and a state need to interfere
Principles: legality, necessity, proportionate, equality of arms, margin of appreciation & positive obligation
Defendants can use HR as an defence to criminal proceedings, a basis for appeal, seek judicial review and claim compensation
In order to remain within someone's human rights its best to act within the PLANN principle:
P
L A N N |
Proportionate
Legal Accountable Necessary Non-discriminatory |