Key Provisions of the European Convention on Human Rights (OCR A-Level Law): Flashcards

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Article 5: The Right to Liberty and Security of Person
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Article 5 ECHR protects

Right to liberty and security of person

Liberty (Article 5 definition)

Autonomy and independence from arrest or detention

Security of person (Article 5)

Protects physical and mental integrity

Article 5(1) two protections

Right to be at liberty + right to bodily autonomy

Article 5 does NOT protect

General freedom of movement or travel

Article 5 legal requirement phrase

In accordance with a procedure prescribed by law

Stafford v UK (2002) principle

Continued detention must be justified by current risk

HL v UK (2004) principle

Deprivation of liberty requires procedural safeguards

Austin v UK (2012) outcome

No breach - kettling proportionate to public order aim

3 criteria for upholding liberty restrictions

Lawful, legitimate, proportionate

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