Question 1

On what basis may an individual use the Human Rights Act 1998 (HRA) to ground a cause of action before a UK court?

Accepted Answer

The only direct cause of action permitted by the HRA is to enable a claimant (the 'victim' of a human rights infringement) to bring an action against a 'public authority' for the breach of a right protected by European Convention on Human Rights (a 'Convention right'). Whether or not a body constitutes a 'public authority' is thus critical in determining whether there will be a cause of action. 'Public authority' is a technical term under the HRA, though it is not defined by the Act. Case law indicates that the question is resolved by looking at the functions of the body in question: in exercising the powers that are being challenged, is it exercising a public function or service on behalf of the state, or in a manner equivalent to a function of the state? If so, it is likely to be a public authority for the purposes of the Act. The HRA cannot be the basis of a cause of action between private parties, though Convention rights may be relied upon indirectly in litigation between such parties. This can be achieved by the claimant bringing a claim based on a cause of action outside the HRA, and alleging a duty on the court, under s.6(1) HRA, to interpret the law consistently with Convention rights. So, for example, a claimant might proceed against a newspaper (a private body) using an existing cause of action, such as breach of confidence, and then argue that the courts' duty to act compatibly with Article 8 requires it to interpret the common law so as to find for the claimant.

Question 2

Why type of legal instrument is the European Convention on Human Rights?
A) An Act of Parliament.
B) A form of non-legal rule.
C) An international treaty.

Accepted Answer

The European Convention on Human Rights is an international treaty designed to protect human rights and fundamental freedoms in Europe.

Question 3

The European Convention on Human Rights was created under the auspices of which body?
A) The European Union.
B) The Council of Europe.
C) The United Nations.

Accepted Answer

The European Convention on Human Rights was created under the auspices of the Council of Europe, not the European Union or the United Nations.

Question 4

Members of the Council of Europe may ratify the Convention subject to reservations. They may also derogate from the Convention. Match each of these actions with its appropriate definition.
-Reservation.
A) At the time of signing the Convention, the State concerned reserves a position in which its laws are, to some extent, inconsistent with the Convention.
B) The State, in a time of war or other public emergency threatening the life of the nation, suspends a right (or rights) under the Convention for the duration of that war or emergency.

Accepted Answer

BA reservation allows a state to be bound by a convention while excluding or modifying the legal effect of certain provisions of the convention in their application to that state. Derogation, on the other hand, is a temporary suspension of certain rights under the convention in times of emergency, such as war or other public crises.

Question 5

Members of the Council of Europe may ratify the Convention subject to reservations. They may also derogate from the Convention. Match each of these actions with its appropriate definition.
-Derogation.
A) At the time of signing the Convention, the State concerned reserves a position in which its laws are, to some extent, inconsistent with the Convention.
B) The State, in a time of war or other public emergency threatening the life of the nation, suspends a right (or rights) under the Convention for the duration of that war or emergency.

Accepted Answer

Derogation refers to the temporary suspension of certain rights under the Convention by a State in times of war or other public emergencies threatening the life of the nation, which matches option B.

Question 6

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 2.
A) The right to life.
B) The right not to suffer torture or inhuman and degrading treatment.
C) The right against slavery.
D) The right to liberty.
E) The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Accepted Answer

Article 2 of the European Convention on Human Rights is dedicated to the right to life, establishing the fundamental right of every person not to be arbitrarily deprived of life.

Question 7

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 3.
A) The right to life.
B) The right not to suffer torture or inhuman and degrading treatment.
C) The right against slavery.
D) The right to liberty.
E) The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Accepted Answer

Article 3 of the European Convention on Human Rights is dedicated to ensuring that no one is subjected to torture or to inhuman or degrading treatment or punishment.

Question 8

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 4.
A) The right to life.
B) The right not to suffer torture or inhuman and degrading treatment.
C) The right against slavery.
D) The right to liberty.
E) The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Accepted Answer

Article 4 of the European Convention on Human Rights is focused on the prohibition of slavery and forced labor, thus it corresponds to the right against slavery.

Question 9

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 5.
A) The right to life.
B) The right not to suffer torture or inhuman and degrading treatment.
C) The right against slavery.
D) The right to liberty.
E) The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Accepted Answer

Article 5 of the European Convention on Human Rights guarantees the right to liberty and security of person. It outlines the conditions under which a person may be deprived of their liberty and the rights of those who have been arrested or detained.

Question 10

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 6.
A) The right to life.
B) The right not to suffer torture or inhuman and degrading treatment.
C) The right against slavery.
D) The right to liberty.
E) The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Accepted Answer

Article 6 of the European Convention on Human Rights guarantees the right to a fair trial.

Question 11

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 7.
A) The right to life.
B) The right not to suffer torture or inhuman and degrading treatment.
C) The right against slavery.
D) The right to liberty.
E) The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Accepted Answer

Article 7 of the European Convention on Human Rights specifies that no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Moreover, it states that a heavier penalty shall not be imposed than the one that was applicable at the time the criminal offence was committed. This is known as the principle of non-retroactivity of criminal law.

Question 12

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 8.
A) The right to life.
B) The right not to suffer torture or inhuman and degrading treatment.
C) The right against slavery.
D) The right to liberty.
E) The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Accepted Answer

Article 8 of the European Convention on Human Rights protects the right to respect for one's "private and family life, his home and his correspondence," which is broadly interpreted as the right to protection of private life.

Question 13

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 9.
A) The right to life.
B) The right not to suffer torture or inhuman and degrading treatment.
C) The right against slavery.
D) The right to liberty.
E) The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Accepted Answer

Article 9 of the European Convention on Human Rights guarantees the rights to freedom of thought, conscience, and religion, which includes the freedom to change one's religion or belief and the freedom to manifest one's religion or beliefs.

Question 14

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 10.
A) The right to life.
B) The right not to suffer torture or inhuman and degrading treatment.
C) The right against slavery.
D) The right to liberty.
E) The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Accepted Answer

Article 10 of the European Convention on Human Rights guarantees the freedom of expression, including the freedom to hold opinions and to receive and impart information and ideas without interference by public authority.

Question 15

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 11.
A) The right to life.
B) The right not to suffer torture or inhuman and degrading treatment.
C) The right against slavery.
D) The right to liberty.
E) The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Accepted Answer

Article 11 of the European Convention on Human Rights guarantees the freedom of assembly and association, including the right to form and to join trade unions.

Question 16

Match each Article of the European Convention on Human Rights with its corresponding right.
-Article 14.
A) The right to life.
B) The right not to suffer torture or inhuman and degrading treatment.
C) The right against slavery.
D) The right to liberty.
E) The right to a fair trial.
F) The right not to be punished retrospectively.
G) The right to protection of private life.
H) The rights to freedom of conscience and religion.
I) The freedom of expression.
J) The freedom of association.
K) The right to be free of certain types of discrimination.

Accepted Answer

Article 14 of the European Convention on Human Rights provides the right to be free of discrimination in the enjoyment of the rights and freedoms set forth in the Convention.

Question 17

Against whom may an action before the ECtHR be brought?
A) Any public authority.
B) Another individual.
C) The State (e.g. the UK).

Accepted Answer

The European Court of Human Rights (ECtHR) allows individuals, groups of individuals, or non-governmental organizations to bring actions against states that have ratified the European Convention on Human Rights for alleged violations of the rights and freedoms set out in the Convention. Actions cannot be brought against individuals or public authorities directly; they must be brought against the state itself.

Question 18

A party must have _______ all domestic remedies before petitioning the ECtHR.

Accepted Answer

The answer of A party must have _______ all domestic...

Question 19

Which of the following is not a part of the approach to incorporation of the ECHR achieved by the HRA 1998?
A) The HRA has, by s 1, selectively incorporated parts of the ECHR into English law as 'Convention rights'.
B) The HRA obliges UK judges, so far as is possible, to interpret domestic legislation consistently with the Convention rights.
C) The HRA gives the judges the power to declare domestic legislation incompatible with Convention rights.
D) Where there is an incompatibility, the HRA obliges the government to introduce amending legislation within a given time period.

Accepted Answer

The Human Rights Act 1998 (HRA) does not oblige the government to introduce amending legislation within a given time period if there is an incompatibility between domestic legislation and the Convention rights. Instead, it allows for a declaration of incompatibility, leaving it to Parliament to decide whether and how to amend the legislation.

Question 20

Briefly explain, in your own words, the concept of proportionality.

Accepted Answer

The answer of Briefly explain, in your own words, the...

Quiz 9: Interpreting Statutes

On what basis may an individual use the Human Rights Act 1998 (HRA) to ground a cause of action before a UK court?

Why type of legal instrument is the European Convention on Human Rights?

The European Convention on Human Rights was created under the auspices of which body?

Members of the Council of Europe may ratify the Convention subject to reservations. They may also derogate from the Convention. Match each of these actions with its appropriate definition. -Reservation.

Members of the Council of Europe may ratify the Convention subject to reservations. They may also derogate from the Convention. Match each of these actions with its appropriate definition. -Derogation.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 2.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 3.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 4.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 5.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 6.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 7.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 8.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 9.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 10.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 11.

Match each Article of the European Convention on Human Rights with its corresponding right. -Article 14.

Against whom may an action before the ECtHR be brought?

A party must have _______ all domestic remedies before petitioning the ECtHR.

Which of the following is not a part of the approach to incorporation of the ECHR achieved by the HRA 1998?

Briefly explain, in your own words, the concept of proportionality.