Human Rights Law

Can you name the Human Rights Law Cases?

Art 2 - Duty to investigate any deprivation of life, and refrain from unlawful killings
Art 2 - Failure to conduct a thorough investigation into a deprivation will be a breach
Art 2 - There is a positive duty to preserve life
Art 2 - Families have the right to be involved in any investigations into deprivations of life
Art 2 - Withdrawal of treatment from a person in a vegetative state is not a breach
Art 2 - The law will still prosecute for assisted suicide (developmental area) - Judicial Deference
Art 3 - UK will not protect individuals from private bodies in their home country, it is a job for the foreign justice system
Art 3 - UK will not protect immigrants who are not registered as asylum seekers
Art 3 - UK is not responsible for foreign medicine and will deport ill immigrants
Art 3 - UK is responsible for extremely sick immigrants likely to die/suffer if deported
Art 3 - UK can treat you against your will
Art 3 - There is a distinction between Torture and Inhuman & degrading treatment (IDT)
Art 3 - Torture (Rape, Electrocution)
Art 3 - IDT (conditions exacerbating illnesses)
Art 3 - IDT (Prison treatment is deemed adequate)
Art 3 - IDT (Death row Syndrome)
Art 5 - Failure to provide systems resulting in unlawful detention is a breach
Art 5 - Domestic law condoning arrest of terror suspects on 'suspicion' rather than reasonable suspicion (Art5(1)(c)) was a breach
Art 5 - Detainees needn't be informed of the reasons for their arrest if obvious or implied
Art 5 - Detainees must be brought prompty before a judge, 2 years is too long
Art 5 - Derogation must be proportionate to the democratic risk as decided by the courts
Art 5 - Culminating restrictions by a control order may constitute a breach
Art 6 - Legal Aid should be provided to escape brutal marriages
Art 6 - Legal Aid should be provided to those facing severe punishments
Art 6 - Right to a fair justice system (appeals)
Art 6 - Right to a trial within a reasonable time (27 months, breach)
Art 6 - Being denied access to legal advice whilst in detention is a breach
Art 6 - Police presence during detainee-lawyer time is a breach
Art 6 - Jury cannot draw adverse inferences from silence when detainees had a valid excuse (medically unfit, no laywer)
Art 8 - Searching and surveillance of property could be a breach
Art 8 - Background searches and acquiring personal information is a breach
Art 8 - Infringing on someone's personal enjoyment of their home life is a breach
Art 8 - Invasion of correspondence is a breach
Art 8 - Ill-mannered Strip searches constitute a breach
Art 8 - Cell-searches that contravene solicitor-client privilage constitute a breach
Art 8 - CCTV, use and publication of this info, if deemed private, will constitute a breach
Art 10 - Judges use a wide interpretation to protect journalists
Art 10 - Protection to political publications
Art 10 - Protection to Journalistic Sources
Art 10 - Protection to Artistic expression
Art 10 - Journalists must be allowed to publish stories on Miscarriages of Justice
Art 10 - Restiriction of tone/manner of expression (decency) Refusal to broadcast graphic political party broadcasts
Art 10 - Information on abortion in UK
Art 10 - In the Public Interest
Art 10 - Injunctions for National Security upheld until released overseas
Art 10 - Defamatory statements about a public figure are a breach
Art 10 - Release of medical records (illegal) was a breach of confidence and journalistic protection lost
Art 8/10 - Prescribed by Law
Art 8/10 - Proportionate to a democratic society
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Last Updated: Feb 16, 2017

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