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Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter continues the analysis of the Human Rights Act. It discusses how cases can be brought under the Human Rights Act 1998 (HRA) and what remedies are available from the courts if a violation of a Convention right is found. The aim here is to delve deeper into the issue of how the rights of the European Convention on Human Rights (ECHR) are given further effect in the law of the UK by the HRA. The main issues discussed in the chapter include the importance of remedies and Article 13 ECHR—the right to a remedy, procedural issues for seeking remedies under the HRA, and remedies available under the HRA.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses slavery and forced labour, and the ban on these imposed by the European Convention on Human Rights (ECHR). ‘Slavery’ and ‘servitude’ are defined as the ownership or total control of one person by another. A slave has no freedom or autonomy and so is denied the minimum dignity that is essential for any human being. ‘Forced labour’, on the other hand, is defined as being forced to work for another under threat of punishment or death. The application of these terms in the context of current practice and, in particular, to “modern slavery” is discussed.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses slavery and forced labour, and the ban on these imposed by the European Convention on Human Rights. ‘Slavery’ and ‘servitude’ are defined as the ownership or total control of one person by another. A slave has no freedom or autonomy and so is denied the minimum dignity that is essential for any human being. ‘Forced labour’, on the other hand, is defined as being forced to work for another under threat of punishment or death. The application of these terms in the context of current practice and, in particular, to ‘modern slavery’ is discussed.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter continues the analysis of the Human Rights Act. It discusses how cases can be brought under the Human Rights Act 1998 (HRA) and what remedies are available from the courts if a violation of a Convention right is found. The aim here is to delve deeper into the issue of how the rights of the European Convention on Human Rights (ECHR) are given further effect in the law of the UK by the HRA. The main issues discussed in the chapter include the importance of remedies and Article 13 ECHR—the right to a remedy, procedural issues for seeking remedies under the HRA, and remedies available under the HRA.

Chapter

Bernadette Rainey, Elizabeth Wicks, and Andclare Ovey

This chapter examines protection of the right to property in the European Convention on Human Rights (ECHR). It discusses the provisions of Article 1 of Protocol 1 and explains that all the provisions of the Convention, including Articles 13 to 18, apply equally to the rights guaranteed by the First Protocol. The chapter also suggests that the Strasbourg Court has come to approach the protection of property rights using much the same methodology as it adopts in relation to complaints of violations of the rights protected by Articles 8 to 11. It examines the application of the right to property to issues such as restitution and rent control.

Chapter

Bernadette Rainey, Elizabeth Wicks, and Andclare Ovey

This chapter examines the scope of the provisions of the European Convention on Human Rights (ECHR). It discusses the concept of jurisdiction in Article 1 of the Convention, including extraterritorial jurisdiction and jurisdiction over breakaway or autonomous regions, and the liability for acts of international organisations. The chapter highlights the centrality of Article 1 to the multilevel system of protection set in place by the ECHR and analyses some relevant cases.

Chapter

This chapter discusses the hearsay rule in the context of civil proceedings. It begins with a consideration of Section 1 of the Civil Evidence Act 1995 (CEA). Doubts have been raised as to whether the Act is compatible with the ECHR, and on any basis, there are procedural differences between the methods of adducing different forms of hearsay under the provisions of the act. Consideration of the effect of the act in changing the law thus constitutes the first, and more important, section of this chapter. The chapter then turns to how the provisions of the act indicate that some of the existing rules relating to the admissibility of hearsay in civil proceedings remain in force.

Chapter

This chapter, which focuses on hearsay evidence and its relationship to confessions, first considers the rule against hearsay and its application to out-of-court statements of witnesses in civil and criminal cases. It then looks at statements, both oral and written, and gestures, as well as the admissibility of hearsay in criminal proceedings under the Criminal Justice Act (CJA) 2003 and, in outline, in civil proceedings under the Civil Evidence Act (CEA) 1995. The survival of some common law rules on hearsay is discussed. The chapter also explains the legal distinction between first-hand (what X told Y) and multiple hearsay (what X told Y who told Z). It concludes by discussing the landmark decisions under Art 6(3)(d) of the European Convention on Human Rights (ECHR).

Chapter

Gina Clayton, Georgina Firth, Caroline Sawyer, Rowena Moffatt, and Helena Wray

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses human rights law as it affects immigration and asylum. It explains how human rights apply to decisions on entry and removal, and the extra-territorial application of Article 3, and its nature as an absolute right. The chapter discusses Article 8, and how the proportionality test is applied to removal decisions in particular. It considers the effect on Article 8 cases of the immigration rules, the Immigration Act 2014, and case law interpreting the relationship between the rules, statute and human rights. It briefly covers other Articles, including recent cases on Article 10. It also refers to the interaction of human rights with the duty in s 55 Borders Citizenship and Immigration Act 2009 to have regard to children’s welfare.

Chapter

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

This chapter discusses human rights law as it affects immigration and asylum. It explains how human rights apply to decisions on entry and removal, and the extraterritorial application of Article 3, and its nature as an absolute right. The chapter discusses Article 8, and how the proportionality test is applied to removal decisions in particular. It considers the effect on Article 8 cases of the immigration rules, the Immigration Act 2014, and case law interpreting the relationship between the rules, statute, and human rights. It briefly covers other Articles, including recent cases on Article 10. It also refers to the interaction of human rights with the duty in s 55 Borders Citizenship and Immigration Act 2009 to have regard to children’s welfare.

Chapter

This chapter examines the relationship between land law and human rights. From a distinctly land law perspective, human rights discourse has given rise to much debate, which continues to fuel much academic commentary including recent examination of the availability of horizontal effect in McDonald v McDonald in the Supreme Court and in the European Court of Human Rights. The chapter focuses chiefly on the two most pertinent provisions of the European Convention on Human Rights (ECHR) for land law; namely Art. 1 of Protocol 1 and Art. 8 and reflects on the, at times, difficult relationship between land law and human rights.

Chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for a person’s private and family life, home, and correspondence. It begins by looking at some general issues, and then focuses on police powers of entry, search, and seizure; and the privacy rights of the individual as against the press.

Chapter

This chapter explains the practice and procedure of court bail. It examines the grounds upon which bail might be refused; the factors a court can have regard to when deciding whether bail should be granted; the procedure at a contested bail application; appeals against bail decisions; and bail and Article 5 of the European Convention on Human Rights 1950 (ECHR 1950).

Chapter

Bernadette Rainey, Elizabeth Wicks, and Andclare Ovey

This chapter examines the history and institutions associated with the European Convention on Human Rights (ECHR). It discusses the content of the European Convention, the system of protection it offers, its relationship with other international courts and tribunals, and the role of the Secretary-General of the Council of Europe in the enforcement of the human rights provisions.

Chapter

Bernadette Rainey, Elizabeth Wicks, and Andclare Ovey

This chapter examines the protection of the right to free elections in the European Convention on Human Rights (ECHR). It discusses the provisions of Article 3 of Protocol 1 and highlights the increasing number of complaints of violations of this Article, which indicates that the Strasbourg Court is giving fresh emphasis to this provision as essential to the foundations of democratic legitimacy of the State. The chapter also discusses case-law on the nature of the legislature, electoral systems, the right to vote, and the right to stand for election.

Chapter

Bernadette Rainey, Elizabeth Wicks, and Andclare Ovey

This chapter examines the protection of the right to education in the European Convention on Human Rights (ECHR), discusses the provisions of Article 2 of the Protocol 1, and highlights the Strasbourg Court’s recognition of the connection of the right to education with the rights protected by Articles 8 to 10 of the Convention. It examines the developments concerning parents’ philosophical convictions and issues concerning religious symbols in the classroom.

Chapter

Bernadette Rainey, Elizabeth Wicks, and Andclare Ovey

This chapter sums up the key findings of this study on the Convention on Human Rights (ECHR). It suggests that the principal achievement of the Convention has been the establishment of a formal system of legal protection available to individuals covering a range of civil and political rights which has become the European standard. The chapter highlights the measures taken by the Court to decrease its case load and increase tis efficiency in dealing with applications. It also highlights the contemporary challenges facing the Court.

Chapter

Bernadette Rainey, Elizabeth Wicks, and Andclare Ovey

This chapter analyses the limitations found in the second paragraphs of Articles 8 to 11 of the European Convention on Human Rights (ECHR). It discusses the application of the limitations in these Articles in the decisions made by the Strasbourg Court, and considers the required legal basis for interference, the legitimate aims of interference, the margin of appreciation doctrine, and the doctrine of proportionality.

Chapter

Bernadette Rainey, Elizabeth Wicks, and Andclare Ovey

This chapter examines the case-law of the Strasbourg Court related to the right to life. This includes cases concerning the death penalty and the extraterritorial application of the right to life, the prohibition of intentional killing by the State, positive obligations to protect life, the duty to investigate deaths, the rights of the unborn child, and euthanasia. The chapter suggests that the body of judgments concerning the right to life has become one of the richest and most dynamic of all the Convention case-law.

Chapter

Bernadette Rainey, Elizabeth Wicks, and Andclare Ovey

This chapter examines reservations and derogations, the principal means by which a Contracting Party can avoid the full application of certain provisions of the European Convention on Human Rights (ECHR). It explains that Article 57 of the ECHR allows reservations to certain provisions, while Article 15 permits Contracting Parties to exclude the operation of certain Convention rights on a temporary basis. The chapter also discusses provisions of Articles 17 and 18 which seek to ensure that the Convention is not used to undermine the scheme of protection set out in it, and also considers the limitation of the use of restriction on rights.