U Law - Admin Law & Human Rights
SBAQs
A solicitor is considering a potential claim against a public authority for a number of potential breaches
of human rights within the meaning of the European Convention on Human Rights as set out in Schedule
1 of the Human Rights Act 1998.
Which of the following statements best describes the position on the absolute rights contained in the
Convention?
1. The absolute rights contained in the Convention include: the right to life; the right to liberty and
security of the person and the right to respect for private and family life.
2. The absolute rights contained in the Convention include: the right to life; the right to freedom from
torture, inhuman and degrading treatment; and the right to freedom from slavery.
3. The absolute rights contained in the Convention include: the right to freedom from torture, inhuman
and degrading treatment; the right to liberty and security of the person and the right to freedom of expr
- ANSThat's right - B is the only set of rights in the options which lists only absolute rights, i.e. Article 2
(the right to life); Article 3 (the right to freedom from torture, inhuman and degrading treatment) and
Article 4 (the right to freedom from slavery).
The other options are all wrong as they do not encapsulate the correct set of absolute rights.
Which one of the following combinations of rights under the European Convention on Human Rights
consists only of 'qualified' rights?
1. Articles 3 and 4
2. Articles 2, 5 and 6
3. Articles 6, 8, 9, 10 and 11
4. Articles 8, 9, 10 and 11 - ANSD. Articles 8-11 are all qualified rights which means that the state can
interfere with them provided that the interference is prescribed by law; for a legitimate aim and
necessary in a democratic society.
Articles 3 and 4 are absolute. Article 5 is limited. Articles 2 and 6 have been variously described as
absolute and limited, but never as qualified.
Which of the following statements is correct in relation to Article 15 of the ECHR?
1. Under Article 15 of the ECHR, a State may derogate from part of the Convention as long as such
derogation is proportionate.
,2. Under Article 15 of the ECHR, a State may derogate from certain Articles of the Convention "in time of
war or other emergency threatening the life of the nation."
3. Under Article 15 of the ECHR, a State may derogate from any of the Articles of the Convention "in time
of war or other emergency threatening the life of the nation."
4. Under Article 15 of the ECHR, a State can derogate from certain Articles of the Convention because it
is allowed "a margin of appreciation". - ANSB - It is possible to derogate from some, but not all of the
Articles of the Convention in time of war or other emergency threatening the life of the nation.
Which of the following statements is WRONG in relation to the European Court of Human Rights
('ECtHR')?
1. The ECtHR may reinterpret the ECHR over time as it is a 'living instrument'.
2. The Committee of Ministers of the Council of Europe is responsible for ensuring that the judgments of
the ECtHR are complied with by the signatory states.
3. The decisions of the ECtHR have direct binding force in the signatory states.
4. Cases may be brought before the ECtHR either on an inter-state basis or by individual application. -
ANSC - Decisions of the ECtHR are only binding as a matter of international law and have no direct
binding force in domestic law.
Which ONE of the following statements is CORRECT?
1. Under section 8 of the Human Rights Act, a court must award damages to the victim of an unlawful
act.
2. Under section 8 of the Human Rights Act, a court may award damages to the victim of an unlawful act
but only if that victim has suffered physical injury or monetary loss.
3. Under section 8 of the Human Rights Act, a court must award damages to the victim of an unlawful act
if the court is satisfied that the award is necessary to afford just satisfaction to the victim.
4. Under section 8 of the Human Rights Act, a court may award damages to the victim of an unlawful act
if the court is satisfied that the award is necessary to afford just satisfaction to the victim. - ANSD -
Section 8 of the Human Rights Act enables a court to grant any relief or remedy within its powers. This
will include the power to award damages, but such damages may be awarded only if necessary to afford
just satisfaction to the victim of an unlawful act. An award of damages under s 8 is discretionary.
The Supreme Court is a public authority for the purposes of Section 6 of the Human Rights Act.
1. True
,2. False - ANSA - This statement is true. Although s 6 does not provide a full definition of the meaning of
the term 'public authority', it does state that a court or tribunal will be such a body. The Supreme Court
clearly falls within this.
Which one of the following statements is WRONG?
1. Deprivation of life will not be in breach of Article 2 if it results from the use of force which is no more
than absolutely necessary to defend any person from unlawful violence.
2. Deprivation of life will not be in breach of Article 2 if it results from the use of force which is no more
than absolutely necessary to prevent the destruction of property of historical, cultural or religious
significance.
3. Deprivation of life will not be in breach of Article 2 if it results from the use of force which is no more
than absolutely necessary to effect a lawful arrest or prevent the escape of a person lawfully detained.
4. Deprivation of life will not be in breach of Article 2 if it results from the use of force which is no more
than absolutely necessary to lawfully quell a riot or insurrection. - ANSB - Article 2(2) provides that
deprivation of life which results from the use of force which is no more than absolutely necessary will
not contravene Article 2 if it is for the one of the reasons set out in A, C or D. The Article makes no
reference to the destruction of property of historical, cultural or religious significance.
Which of the following statements is correct?
1. Article 3 imposes a qualified duty on the state not to deport a person who would face a real risk of
being subjected to treatment contrary to Article 3 in the receiving state.
2. Article 3 imposes an absolute duty on the state not to deport a person who would face a real risk of
being subjected to treatment contrary to Article 3 in the receiving state.
3. Article 3 imposes no duty on the state not to deport a person who would face a real risk of being
subjected to treatment contrary to Article 3 in the receiving state.
4. Article 3 does not apply to deportation cases if the person to be deported is a suspected terrorist. -
ANSB - There are no circumstances in which a state could deport an individual and not be in breach of
Article 3, if there is a real risk that the individual would be subjected to treatment contrary to Article 3 in
the receiving state (Chahal v United Kingdom).
Which one of the following statements is correct?
1. Compulsory military service amounts to forced or compulsory labour.
2. Servitude is when someone is owned by another person.
3. Work done by convicted prisoners as part of their sentence does not amount to forced or compulsory
labour.
, 4. An individual can be subject to forced labour even if they are not exploited. - ANSC - That's right,
compulsory military service is not forced labour and neither is work done by convicted prisoners as part
of their sentence. It is an essential element of forced labour that an individual is exploited. Slavery is
when someone is owned by another; servitude includes an obligation for the serf to live on the property
of another.
The absolute rights in the ECHR are set out in Articles 2, 3 and 4.
1. True
2. False - ANSB (false). Articles 2, 3 and 4 are all absolute rights, but they are not the only absolute rights
contained in the ECHR. Other absolute rights include the right to marry (Article 12) and the right to free
elections by secret ballot (Article 3 of the First Protocol).
Standing at a bus stop, a man who is carrying a heavy rucksack is watched by armed security officers who
have been instructed that he is a terrorist about to blow up a bus. As the bus pulls up, the security
officers shout to stop the man from boarding bus but he ignores them. The security officers shout for a
second time and, when ignored again, fire shots into the man who dies instantly. On checking the man's
body, they discover that he is wearing earphones and his rucksack is full of University library books.
The man's parents believe that the government has breached their son's Article 2 ECHR right to life. Are
they able to take the government to court?
1. No, because the security officers acted reasonably in the circumstances. They believed that he was
taking a bomb onto the bus and he failed to follow two orders to stop.
2. No, because only a person who is directly affected by the action of a public authority m -
ANSUnfortunately, that's not correct - D is the correct answer here because, although only a directly
affected victim can claim a breach of rights, an exception is made for Article 2 where the victim is dead.
The next of kin may do so in his place.
A is wrong because it describes a defence to any such action and not whether the action may be taken in
the first place.
B is wrong because the victim of a breach of Article2 rights is dead. It would be unfair if no challenge
could be made by anyone else.
C is wrong because the parents do have the option to take the matter to court. The Crown Prosecution
Service does, however, have the right to indict as well if they choose to do so.
E is wrong, because although the parents do have the right to approach the European Court of Human
Rights directly, they cannot do so immediately. They must exhaust domestic remedies first.
SBAQs
A solicitor is considering a potential claim against a public authority for a number of potential breaches
of human rights within the meaning of the European Convention on Human Rights as set out in Schedule
1 of the Human Rights Act 1998.
Which of the following statements best describes the position on the absolute rights contained in the
Convention?
1. The absolute rights contained in the Convention include: the right to life; the right to liberty and
security of the person and the right to respect for private and family life.
2. The absolute rights contained in the Convention include: the right to life; the right to freedom from
torture, inhuman and degrading treatment; and the right to freedom from slavery.
3. The absolute rights contained in the Convention include: the right to freedom from torture, inhuman
and degrading treatment; the right to liberty and security of the person and the right to freedom of expr
- ANSThat's right - B is the only set of rights in the options which lists only absolute rights, i.e. Article 2
(the right to life); Article 3 (the right to freedom from torture, inhuman and degrading treatment) and
Article 4 (the right to freedom from slavery).
The other options are all wrong as they do not encapsulate the correct set of absolute rights.
Which one of the following combinations of rights under the European Convention on Human Rights
consists only of 'qualified' rights?
1. Articles 3 and 4
2. Articles 2, 5 and 6
3. Articles 6, 8, 9, 10 and 11
4. Articles 8, 9, 10 and 11 - ANSD. Articles 8-11 are all qualified rights which means that the state can
interfere with them provided that the interference is prescribed by law; for a legitimate aim and
necessary in a democratic society.
Articles 3 and 4 are absolute. Article 5 is limited. Articles 2 and 6 have been variously described as
absolute and limited, but never as qualified.
Which of the following statements is correct in relation to Article 15 of the ECHR?
1. Under Article 15 of the ECHR, a State may derogate from part of the Convention as long as such
derogation is proportionate.
,2. Under Article 15 of the ECHR, a State may derogate from certain Articles of the Convention "in time of
war or other emergency threatening the life of the nation."
3. Under Article 15 of the ECHR, a State may derogate from any of the Articles of the Convention "in time
of war or other emergency threatening the life of the nation."
4. Under Article 15 of the ECHR, a State can derogate from certain Articles of the Convention because it
is allowed "a margin of appreciation". - ANSB - It is possible to derogate from some, but not all of the
Articles of the Convention in time of war or other emergency threatening the life of the nation.
Which of the following statements is WRONG in relation to the European Court of Human Rights
('ECtHR')?
1. The ECtHR may reinterpret the ECHR over time as it is a 'living instrument'.
2. The Committee of Ministers of the Council of Europe is responsible for ensuring that the judgments of
the ECtHR are complied with by the signatory states.
3. The decisions of the ECtHR have direct binding force in the signatory states.
4. Cases may be brought before the ECtHR either on an inter-state basis or by individual application. -
ANSC - Decisions of the ECtHR are only binding as a matter of international law and have no direct
binding force in domestic law.
Which ONE of the following statements is CORRECT?
1. Under section 8 of the Human Rights Act, a court must award damages to the victim of an unlawful
act.
2. Under section 8 of the Human Rights Act, a court may award damages to the victim of an unlawful act
but only if that victim has suffered physical injury or monetary loss.
3. Under section 8 of the Human Rights Act, a court must award damages to the victim of an unlawful act
if the court is satisfied that the award is necessary to afford just satisfaction to the victim.
4. Under section 8 of the Human Rights Act, a court may award damages to the victim of an unlawful act
if the court is satisfied that the award is necessary to afford just satisfaction to the victim. - ANSD -
Section 8 of the Human Rights Act enables a court to grant any relief or remedy within its powers. This
will include the power to award damages, but such damages may be awarded only if necessary to afford
just satisfaction to the victim of an unlawful act. An award of damages under s 8 is discretionary.
The Supreme Court is a public authority for the purposes of Section 6 of the Human Rights Act.
1. True
,2. False - ANSA - This statement is true. Although s 6 does not provide a full definition of the meaning of
the term 'public authority', it does state that a court or tribunal will be such a body. The Supreme Court
clearly falls within this.
Which one of the following statements is WRONG?
1. Deprivation of life will not be in breach of Article 2 if it results from the use of force which is no more
than absolutely necessary to defend any person from unlawful violence.
2. Deprivation of life will not be in breach of Article 2 if it results from the use of force which is no more
than absolutely necessary to prevent the destruction of property of historical, cultural or religious
significance.
3. Deprivation of life will not be in breach of Article 2 if it results from the use of force which is no more
than absolutely necessary to effect a lawful arrest or prevent the escape of a person lawfully detained.
4. Deprivation of life will not be in breach of Article 2 if it results from the use of force which is no more
than absolutely necessary to lawfully quell a riot or insurrection. - ANSB - Article 2(2) provides that
deprivation of life which results from the use of force which is no more than absolutely necessary will
not contravene Article 2 if it is for the one of the reasons set out in A, C or D. The Article makes no
reference to the destruction of property of historical, cultural or religious significance.
Which of the following statements is correct?
1. Article 3 imposes a qualified duty on the state not to deport a person who would face a real risk of
being subjected to treatment contrary to Article 3 in the receiving state.
2. Article 3 imposes an absolute duty on the state not to deport a person who would face a real risk of
being subjected to treatment contrary to Article 3 in the receiving state.
3. Article 3 imposes no duty on the state not to deport a person who would face a real risk of being
subjected to treatment contrary to Article 3 in the receiving state.
4. Article 3 does not apply to deportation cases if the person to be deported is a suspected terrorist. -
ANSB - There are no circumstances in which a state could deport an individual and not be in breach of
Article 3, if there is a real risk that the individual would be subjected to treatment contrary to Article 3 in
the receiving state (Chahal v United Kingdom).
Which one of the following statements is correct?
1. Compulsory military service amounts to forced or compulsory labour.
2. Servitude is when someone is owned by another person.
3. Work done by convicted prisoners as part of their sentence does not amount to forced or compulsory
labour.
, 4. An individual can be subject to forced labour even if they are not exploited. - ANSC - That's right,
compulsory military service is not forced labour and neither is work done by convicted prisoners as part
of their sentence. It is an essential element of forced labour that an individual is exploited. Slavery is
when someone is owned by another; servitude includes an obligation for the serf to live on the property
of another.
The absolute rights in the ECHR are set out in Articles 2, 3 and 4.
1. True
2. False - ANSB (false). Articles 2, 3 and 4 are all absolute rights, but they are not the only absolute rights
contained in the ECHR. Other absolute rights include the right to marry (Article 12) and the right to free
elections by secret ballot (Article 3 of the First Protocol).
Standing at a bus stop, a man who is carrying a heavy rucksack is watched by armed security officers who
have been instructed that he is a terrorist about to blow up a bus. As the bus pulls up, the security
officers shout to stop the man from boarding bus but he ignores them. The security officers shout for a
second time and, when ignored again, fire shots into the man who dies instantly. On checking the man's
body, they discover that he is wearing earphones and his rucksack is full of University library books.
The man's parents believe that the government has breached their son's Article 2 ECHR right to life. Are
they able to take the government to court?
1. No, because the security officers acted reasonably in the circumstances. They believed that he was
taking a bomb onto the bus and he failed to follow two orders to stop.
2. No, because only a person who is directly affected by the action of a public authority m -
ANSUnfortunately, that's not correct - D is the correct answer here because, although only a directly
affected victim can claim a breach of rights, an exception is made for Article 2 where the victim is dead.
The next of kin may do so in his place.
A is wrong because it describes a defence to any such action and not whether the action may be taken in
the first place.
B is wrong because the victim of a breach of Article2 rights is dead. It would be unfair if no challenge
could be made by anyone else.
C is wrong because the parents do have the option to take the matter to court. The Crown Prosecution
Service does, however, have the right to indict as well if they choose to do so.
E is wrong, because although the parents do have the right to approach the European Court of Human
Rights directly, they cannot do so immediately. They must exhaust domestic remedies first.
