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Articles |
Whilst
UK laws are made up of sections, the Convention is composed of Articles
each of which contains a different basic Human Right.
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Declarations of Incompatibility |
If the
High Court or above finds that a UK law
cannot be interpreted in a way which is compatible with the convention, it
may make a
"Declaration of Incompatibility". Magistrates’ Courts cannot
make such declarations.
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Derogation |
Individual states may enter into a derogation (opting out) in respect of
certain Articles during times of war or other national emergency. The UK
government has entered into a derogation in respect of
Northern Ireland,
which has the effect of limiting the effect of certain Rights under the
Convention.
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Equality of Arms |
The
Right to a Fair Trial (Article 6) provides certain basic rights, which
must be accorded to those standing trial. The Court of Human Rights has
interpreted Article 6 as requiring that both sides have a reasonable
opportunity to present their case. At its most basic, it means that a
level playing field is necessary for a
trial to be fair.
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Horizontality |
The
basic aim of the Convention was to protect the individual from the tyranny
of the State. As such, the effect of the Convention is usually vertical or
hierarchical as between the government and the
citizen. However, in its role as a public authority, courts must
ensure when settling disputes between citizens that each
individual's Rights are respected thus
taking a horizontal approach.
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Legitimate Aim |
Interference with a qualified Right can only be lawful if the purpose of
the measure is to safeguard an interest set out in the Article. For
example, it may be a legitimate aim of a particular measure to
prevent crime.
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Living Instrument |
The
Convention signed in 1950 was intended to provide the basic Human Rights
needed at that time. The Court of Human Rights recognised that if the
Convention was going to remain relevant
to the population, it needed to be seen as a living instrument. As a
result, the Court does not regard itself as
being bound by its previous decisions and will interpret the
Convention in line with current morality and values.
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Margin of Appreciation |
This
concept is used only by the Court of Human Rights; national courts
cannot apply a margin of appreciation.
The national courts' view of the needs of that State's society will
sometimes be used by Strasbourg rather than its own view being imposed.
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Proportionality |
When
determining whether the State's action was in pursuit of a legitimate aim,
regard must be had as to whether the action of the State was
necessary in a democratic society. Using
a 'sledge hammer to crack a nut' is not allowed.
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Protocols |
This is
the name given to new Rights, which have been
added to the original Convention over the years.
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Public Authority |
The HRA
1998 states that courts are 'public authorities'
for the purposes of the Convention. As such, the courts are under a duty
to ensure that the Rights of others are respected. The Act also provides
that it is unlawful for the courts to act in a way that is not compatible
with the Convention.
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Rights |
Each
guarantee within the Convention is called
a Right. There are three types of Rights: absolute, qualified and limited.
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The Convention |
The
Convention was written to ensure the citizens of Europe would have basic
Human Rights and be free from oppression. The Convention's full title is
the European Convention on Human Rights and Fundamental Freedoms.
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The Human Rights Act 1998
(HRA) |
The
Human Rights Act 1998
incorporates those Rights contained in Schedule
1 of the Act into our law. The Act also requires that
existing laws be
interpreted in a way which are compatible
with the Convention.
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The Purposive Approach to
Interpretation |
The
need to look at the purpose and
intention of the relevant Article to give
effect to the aim of the Convention.
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