Enforcement (AQA A-Level Law): Quizzes

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Effect of Decisions on States and Claimants
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What is the key problem with ECtHR decisions despite being binding under international law?

They are difficult to enforce in practice

What can the ECtHR order a state to pay if it finds a Convention rights violation?

Compensation to the claimant

Can the ECtHR force a state to change its domestic laws after finding a breach?

No, it cannot force law changes

What does the ECtHR rely upon to bring state laws into line with Convention rights?

States voluntarily amending laws

What is the most appropriate remedy for a claimant who successfully proves a rights violation?

Awarding them compensation

Is a claimant guaranteed to receive compensation awarded by the ECtHR?

No, payment is not guaranteed

How do UK domestic court decisions differ from ECtHR decisions in terms of enforcement?

Domestic decisions are fully binding

Why was the Human Rights Act 1998 significant for UK citizens?

It allows enforcement through UK courts

What does ECtHR enforcement depend on, according to the critical limitation outlined?

Diplomatic pressure & state reputation

What can the ECtHR do when it finds a state has violated the European Convention?

Declare a breach of Convention rights

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