This chapter considers the European Convention on Human Rights (ECHR) and its relationship to the English legal system. The focus in the chapter is on key provisions of the Human Rights Act 1998—the Act that incorporated the Convention into UK law. In the earlier part of the chapter there is coverage of sections 2, 3, and 4 of the Act. These provisions concern the duties placed on the courts to take into account judgments of the European Court of Human Rights, to interpret domestic legislation so as to comply with rights under the Convention, and finally to issue a declaration of incompatibility when domestic legislation does not comply with rights under the Convention. Using examples from the case law, the chapter assesses how the courts balance their constitutional role to respect the supremacy of Parliament, with the duties provided in the Act to respect rights under the Convention. There is also an analysis of s.6 of the Human Rights Act 1998 which makes it unlawful for a public authority to act incompatibly with Convention rights. The analysis includes the contested question of what precisely constitutes a ‘public authority’, particularly when a private body is carrying out a public function.
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David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley
This chapter discusses Article 15 of the European Convention on Human Rights, which enables a state to unilaterally derogate from some of its substantive Convention obligations in public emergencies threatening the life of the nation. The provision is therefore of great importance to the Convention’s general integrity and to the protection of human rights in situations where individuals may be especially vulnerable to the actions of the state in response to a public emergency.
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David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green
This chapter discusses Article 15 of the European Convention on Human Rights, which enables a state to unilaterally derogate from some of its substantive Convention obligations in public emergencies threatening the life of the nation. The provision is therefore of great importance to the Convention’s general integrity and to the protection of human rights in situations where individuals may be especially vulnerable to the actions of the state in response to a public emergency.
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David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley
This chapter discusses Protocols 4, 6, 7, and 13 of the European Convention on Human Rights. Protocols 4 and 7 protect a selection of civil and political rights not covered by the main Convention text and which make up for the substantive deficiencies of the Convention when compared to the International Covenant on Civil and Political Rights (ICCPR). Protocols 6 and 13 concern the abolition of the death penalty in peacetime and in war, respectively.
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This chapter is concerned with how freedoms and liberties might be protected in the UK. It begins with an attempt to distinguish between human rights and civil liberties, whilst recognizing that this is by no means a straightforward task. It then covers political and social or economic rights, the traditional means of protecting civil liberties in the UK, the European Convention on Human Rights, the incorporation of the Convention into English law, and judicial deference/discretionary areas of judgment. The Human Rights Act 1998 is reviewed from a protection of rights perspective. Finally, the question of a Bill of Rights for the UK is considered.
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L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter provides an introduction to copyright and the history and functions of copyright law, as well as international and European trends and developments that have influenced copyright law in the UK. It first considers ‘author’s rights’ and ‘neighbouring rights’ before turning to justifications that have been put forward for copyright, with particular reference to arguments invoking natural rights, rewards and incentives, neoliberal economics, and the ‘democratic paradigm’. The chapter also examines the seven significant treaties that have influenced British copyright law as well as European directives that have had an important and growing impact on British copyright law, including the Software Directive, the Related Rights Directive, and the Information Society Directive.
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L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter provides an introduction to copyright and the history and functions of copyright law, as well as international and European trends and developments that have influenced copyright law in the UK. It first considers ‘author’s rights’ and ‘neighbouring rights’ before turning to justifications that have been put forward for copyright, with particular reference to arguments invoking natural rights, rewards and incentives, neoliberal economics, and the ‘democratic paradigm’. The chapter also examines the seven significant treaties that have influenced British copyright law as well as European directives that have had an important and growing impact on British copyright law, including the Software Directive, the Related Rights Directive, and the Cable and Satellite Directive.
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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights. This case concerned whether interrogation techniques employed by the United Kingdom in Northern Ireland between 1971 and 1975 amounted to torture or inhuman or degrading treatment, contrary to Article 3 of the European Convention on Human Rights. More generally, the case note considers the differences between absolute, limited, and qualified rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.
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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights. This case concerned whether interrogation techniques employed by the United Kingdom in Northern Ireland between 1971 and 1975 amounted to torture or inhuman or degrading treatment, contrary to Article 3 of the European Convention on Human Rights. More generally, the case note considers the differences between absolute, limited, and qualified rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.
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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights. This case concerned whether interrogation techniques employed by the United Kingdom in Northern Ireland between 1971 and 1975 amounted to torture or inhuman or degrading treatment, contrary to Article 3 of the European Convention on Human Rights. More generally, the case note considers the differences between absolute, limited, and qualified rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.
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This and the next chapter examine how human rights are protected in the domestic courts of the UK. This chapter considers the background and main features of the Human Rights Act 1998 (HRA) and the relationship between the courts and the executive and Parliament in human rights situations. Chapter 21 examines three case studies. The first of these is the litigation brought by Shabina Begum challenging her school’s refusal to allow her to wear a jilbab to school. The second case study considers the application of the Human Rights Act in the context of anti-terrorism measures. The third considers prisoner voting.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the European Convention on Human Rights and Fundamental Freedoms (ECHR) and the Human Rights Act (HRA) 1998. The ECHR guarantees civil and political rights: these are the right to life; the prohibition of torture, inhuman, and degrading treatment or punishment; the prohibition of slavery and forced labour; the right to liberty; the right to a fair and unbiased hearing; the prohibition of retrospective legislation; the right to respect for private and family life; freedom of conscience and religion; freedom of expression; freedom of association; and the right to marry and found a family. The ECHR has been expanded by a series of supplementary treaties called protocols. The First and Sixth Protocols give individuals additional rights which were incorporated into British law by the HRA 1998. This chapter also examines the significance of the Independent Review of the Human Rights Act which is due to be carried out in 2021.
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This chapter examines various Articles of the European Convention on Human Rights in order to see how, following the passage of the Human Rights Act 1998, the subject of human rights has had an impact on UK employment law. The articles of the Convention that are considered in relation to employment law are: the right not to be subjected to inhuman or degrading treatment (Art. 3); the right not to be required to perform forced or compulsory labour (Art. 4); the right to a fair trial (Art. 6); the right to respect for private life (Art. 8); the right to freedom of thought (Art. 9); the right to freedom of expression (Art. 10); the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions (Art. 11); and the right to enjoy the substantive rights and freedoms set forth in the Convention without discrimination (Art. 14).
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David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley
This chapter discusses Article 10 of the European Convention on Human Rights, which guarantees freedom of expression. It first delineates the boundaries of protection of Article 10. It then turns to different categories of expression; specific issues relating to the press and media licensing; the standard ‘prescribed by law’; legitimate aims; the notion of ‘duties and responsibilities’ of the bearers of expression rights; and some distinct methodologies advanced by the Court to deal with defamation cases.
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David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley
This chapter discusses Articles 16–18 of the European Convention on Human Rights. Article 16 allows potentially wide-ranging interference with the political rights of aliens. Article 17 aims to prevent totalitarian or extremist groups from justifying their activities by referring to the Convention. Article 18 concerns misuse of powers or breaches of the principle of good faith, and must be applied in conjunction with another Convention’s Article(s).
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David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley
This chapter discusses Article 2 of the First Protocol of the European Convention on Human Rights, which guarantees the right to education. Article 2 extends to all forms of education provided or permitted by the state–primary, secondary, and higher education, as well as to private schools and universities. The right to education consists of a variety of rights and freedoms for children and parents. These mostly belong to the pupil or student, but parents do have certain rights of their own under Article 2 about the way in which their child is educated.
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David Harris, Michael O’Boyle, Ed Bates, Carla Buckley, and Heather Green
This chapter discusses Article 3 of the First Protocol of the European Convention on Human Rights, which imposes a positive obligation on states to secure free elections. The Court has read into this text individual rights to vote and to stand for election, reversing its technique of deriving positive obligations from the expressly articulated guarantees of individual rights contained in other Articles of the Convention. The right of prisoners to vote is included.
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One of the most fundamental aspects of any constitution are the provisions and measures that protect the rights and freedoms of individuals. In the UK, rights protection is markedly different to that in America, in chief because there is no entrenched Bill of Rights. Rights protection is dominated by the European Convention on Human Rights (ECHR), incorporated by the Human Rights Act 1998, which sets out a number of positive rights that are actionable in the UK courts This chapter discusses the ways in which these rights are protected in the UK Constitution. It discusses the courts’ historic civil liberties approach and common law protection of rights, before then examining the development, incorporation, and application of the ECHR. The chapter also explores the way in which the various sections of the Human Rights Act 1998 work to ensure appropriate enforcement and protection of rights in UK law.
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One of the most fundamental aspects of any constitution are the provisions and measures that protect the rights and freedoms of individuals. In the UK, rights protection is markedly different to that in America, in chief because there is no entrenched Bill of Rights. Rights protection is dominated by the European Convention on Human Rights (ECHR), incorporated by the Human Rights Act 1998, which sets out a number of positive rights that are actionable in the UK courts. This chapter discusses the ways in which these rights are protected in the UK Constitution. It discusses the courts’ historic civil liberties approach and common law protection of rights, before then examining the development, incorporation, and application of the ECHR. The chapter also explores the way in which the various sections of the Human Rights Act 1998 work to ensure appropriate enforcement and protection of rights in UK law.
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David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green
This chapter discusses Article 10 of the European Convention on Human Rights, which guarantees freedom of expression. It first delineates the boundaries of protection of Article 10. It then turns to different categories of expression; specific issues relating to the press and media licensing; the standard ‘prescribed by law’; legitimate aims; the notion of ‘duties and responsibilities’ of the bearers of expression rights; and some distinct methodologies advanced by the Court to deal with defamation cases. The chapter considers the restrictions on expression permitted by Article 10.
