Human Rights Articles public ws 7
(European convention of human rights)
Article Right Explained Case Absolute/ limited/
qualified and
legitimate state aims/
exceptions
1, Right to guarantees the right to Not in violation of land by Qualified
protocol peaceful peaceful enjoyment of virtue of the domestic only interference
1 enjoyments possessions (both land rules on adverse which affects the
of (realty) and personal possession financial value of
possessions property) Pye (Oxford) Ltd v UK property or
(2006) 43 EHRR 3 possessions will engage
Generally speaking, a the right to ‘peaceful
‘deprivation of property’ enjoyment’ of them.
under this Article will not be
considered to be in the public
interest unless the owner
receives compensation.
only interference which
affects the financial value of
property or possessions will
engage the right to ‘peaceful
enjoyment’
noise nuisance will only
interfere with peaceful
enjoyment to the extent that
it reduces the value of that
property
2 Right to life (a) prohibits the state from A foetus has no right to Absolute
taking life; and life:
(b) places on the state a Evans v UK (2006) 4 EHRLR Deprivation of life shall
positive duty to protect life 485–8 not be regarded as
(see Osman v United Kingdom Re F (In Utero) (Wardship) inflicted in
[1997] 1 FLR 193). [1988] 2 FLR 307 contravention of this
Re MB (Medical Article when it results
Article 2 does not prohibit the Treatment) [1997] 2 FLR from the use of force
use of the death penalty, but 426 which is no more than
Protocol 6 (which the UK absolutely necessary:
ratified in 1999) does. The Right to die cannot be
death penalty cannot be read into article 2: (a) in defence of any
reintroduced except for acts Pretty v UK (2002) 35 person from unlawful
committed in time of EHRR 1 violence;
war/imminent threat of war
, Shooting a civilian who
No derogation from Article 2 was thought to be a (b) in order to effect a
is possible, except in respect suicide bomber doesn’t lawful arrest or to
of deaths resulting from contravene article 2: prevent the escape of a
lawful acts of war (R (on the application of person lawfully
Patricia Armani da Silva) v detained;
there is no violation where The Director of Public
‘deprivation of life ... results Prosecutions, The (c) in action lawfully
from the use of force which is Independent Police taken for the purpose
no more than absolutely Complaints Commission of quelling a riot or
necessary ... in defence of any [2006] EWHC 3204 insurrection.
person from unlawful (Admin))
violence ...’ (article 2(2)(a)).
There is a procedural
obligation to investigate
when individuals have
been killed as a result of
force:
McCann v UK (1995) 21
EHRR 97 (the ‘death on
the rock’ case)
3 Prohibition of punishment by birching in Absolute
torture the Isle of Man held to
infringe the Convention in
Tyrer v UK (1978) 2 EHRR
1
4 Prohibition of Absolute
slavery and
forced labour
5 Right to Overall purpose is that no one Brogan v UK (1988) 11 Limited
liberty and is deprived of his liberty in an EHRR 117)
security ‘arbitrary fashion’ Everyone has the right
case involving the House to liberty and security
Article 5 requires: of Lords making a of person. No one shall
(a) breach, or reasonable declaration of be deprived of his
suspicion of breach, of some incompatibility in relation liberty save in the
known law (Article 5(1)(a) and to breach of Article 5: following cases and in
(c)); A v Secretary of State for accordance with a
(b) the giving of reasons for the Home Department procedure prescribed
arrest and charge (Article [2005] 2 AC 68 (often by law:
5(2)); referred to as the
(c) a prompt and fair trial ‘Belmarsh’ case (a) the lawful
(Article 5(3) and (6)); detention of a person
(d) the availability of judicial Use of control orders after conviction by a
review of the legality of (the starting point of any competent court;
detention (Article 5(4)); consideration of
(European convention of human rights)
Article Right Explained Case Absolute/ limited/
qualified and
legitimate state aims/
exceptions
1, Right to guarantees the right to Not in violation of land by Qualified
protocol peaceful peaceful enjoyment of virtue of the domestic only interference
1 enjoyments possessions (both land rules on adverse which affects the
of (realty) and personal possession financial value of
possessions property) Pye (Oxford) Ltd v UK property or
(2006) 43 EHRR 3 possessions will engage
Generally speaking, a the right to ‘peaceful
‘deprivation of property’ enjoyment’ of them.
under this Article will not be
considered to be in the public
interest unless the owner
receives compensation.
only interference which
affects the financial value of
property or possessions will
engage the right to ‘peaceful
enjoyment’
noise nuisance will only
interfere with peaceful
enjoyment to the extent that
it reduces the value of that
property
2 Right to life (a) prohibits the state from A foetus has no right to Absolute
taking life; and life:
(b) places on the state a Evans v UK (2006) 4 EHRLR Deprivation of life shall
positive duty to protect life 485–8 not be regarded as
(see Osman v United Kingdom Re F (In Utero) (Wardship) inflicted in
[1997] 1 FLR 193). [1988] 2 FLR 307 contravention of this
Re MB (Medical Article when it results
Article 2 does not prohibit the Treatment) [1997] 2 FLR from the use of force
use of the death penalty, but 426 which is no more than
Protocol 6 (which the UK absolutely necessary:
ratified in 1999) does. The Right to die cannot be
death penalty cannot be read into article 2: (a) in defence of any
reintroduced except for acts Pretty v UK (2002) 35 person from unlawful
committed in time of EHRR 1 violence;
war/imminent threat of war
, Shooting a civilian who
No derogation from Article 2 was thought to be a (b) in order to effect a
is possible, except in respect suicide bomber doesn’t lawful arrest or to
of deaths resulting from contravene article 2: prevent the escape of a
lawful acts of war (R (on the application of person lawfully
Patricia Armani da Silva) v detained;
there is no violation where The Director of Public
‘deprivation of life ... results Prosecutions, The (c) in action lawfully
from the use of force which is Independent Police taken for the purpose
no more than absolutely Complaints Commission of quelling a riot or
necessary ... in defence of any [2006] EWHC 3204 insurrection.
person from unlawful (Admin))
violence ...’ (article 2(2)(a)).
There is a procedural
obligation to investigate
when individuals have
been killed as a result of
force:
McCann v UK (1995) 21
EHRR 97 (the ‘death on
the rock’ case)
3 Prohibition of punishment by birching in Absolute
torture the Isle of Man held to
infringe the Convention in
Tyrer v UK (1978) 2 EHRR
1
4 Prohibition of Absolute
slavery and
forced labour
5 Right to Overall purpose is that no one Brogan v UK (1988) 11 Limited
liberty and is deprived of his liberty in an EHRR 117)
security ‘arbitrary fashion’ Everyone has the right
case involving the House to liberty and security
Article 5 requires: of Lords making a of person. No one shall
(a) breach, or reasonable declaration of be deprived of his
suspicion of breach, of some incompatibility in relation liberty save in the
known law (Article 5(1)(a) and to breach of Article 5: following cases and in
(c)); A v Secretary of State for accordance with a
(b) the giving of reasons for the Home Department procedure prescribed
arrest and charge (Article [2005] 2 AC 68 (often by law:
5(2)); referred to as the
(c) a prompt and fair trial ‘Belmarsh’ case (a) the lawful
(Article 5(3) and (6)); detention of a person
(d) the availability of judicial Use of control orders after conviction by a
review of the legality of (the starting point of any competent court;
detention (Article 5(4)); consideration of
