Restrictions Permitted by the European Convention on Human Rights (OCR A-Level Law): Flashcards
📚Flashcards
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10 cards from this deck
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Practise the cards
10 cards from this deck
Qualified rights
Qualified rights
Rights that can be restricted when specific conditions are met
Which articles are qualified rights?
Which articles are qualified rights?
Articles 8, 10, and 11
3 tests for valid restriction
3 tests for valid restriction
Lawful, necessary, proportionate
Art 5(2): When arrest info given
Art 5(2): When arrest info given
As soon as reasonably possible
Art 6: Exclude press/public when?
Art 6: Exclude press/public when?
Protect morals, nat'l security, juveniles, prevent prejudice
Art 8(2) legitimate aims (name 2)
Art 8(2) legitimate aims (name 2)
Nat'l security, prevent crime, protect health, protect others
Art 10(2) legitimate aims (name 2)
Art 10(2) legitimate aims (name 2)
Nat'l security, prevent disorder, protect reputation
R v Ponting (1985) outcome
R v Ponting (1985) outcome
Jury acquitted despite judge's direction
Section 12 HRA 1998 protects what?
Section 12 HRA 1998 protects what?
Freedom of expression (beyond Art 10)
MH v UK (2013) issue
MH v UK (2013) issue
Woman with Down's Syndrome couldn't challenge detention