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Human Rights Notes

GDL Law Notes > GDL English Legal System Notes

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Human Rights _______________________________________________________

Introduction to human rights??

Traditional view in Britain that our human rights were residual i.e. that which is left after taking into account lawful limitations The doctrine of residual freedoms was producing manifest injustice o Malone v Metropolitan Police Commissioner 1979; no law was found to justify phone tapping, but none found to explicitly prevent phone tapping, so it was lawful, though clearly a breach of a commonly held belief in the right to personal privacy Human Rights Act 1998 came into force in October 2000 o Made ECHR part of UK law o ECHR drawn up by Council of Europe (47 members) and signed in Rome in 1950
? UK refused to incorporate for many years until 1998 Member states may decline duty to carry out obligations in time of war

Human Rights:
? Art. 2 Right to life
? Art. 3 freedom from torture, inhuman or degrading treatment
? Art. 4 freedom from slavery or forced labour
? Art. 5 right to liberty and security of person
? Art. 6 right to a fair trial
? Art. 7 prohibition of retrospective criminal laws
? Art. 8 right to privacy
? Art. 9 freedom of thought, conscience and religion
? Art. 10 freedom of expression (with restrictions)
? Art. 11 freedom of peaceful assembly and right to join a trade union
? Art. 12 right to marry and have a family
? Art. 14 right to enjoy these rights without discrimination First Protocol:
? Art. 1 right to peaceful enjoyment of one's possessions
? Art. 2 right to education
? Art. 3 right to free elections Institutions:
? ECtHR in Strasbourg o 47 judges o Any contracting state or individual claiming to have been violated by a contracting state can apply directly to Strasbourg, which is subdivided:
? Committees of 3 judges
? Chambers of 7 judges
? Grand Chambers of 17 judges

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