Pub Date : 2021-05-17DOI: 10.1093/HE/9780198765882.003.0014
H. Davis
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter introduces the general idea of qualified rights under the Convention. These are the subjects of the next four chapters. Articles 8–11, involve individual freedom: freedom to live a private and family life (Article 8); freedom to hold and demonstrate religious and other beliefs (Article 9); freedom of expression, including the freedom of the media (Article 10); and the freedom to ‘assemble’ and ‘associate’ (Article 11). The articles have a similar, two-paragraph structure that requires the courts to decide, first, whether some action for which the state is responsible interferes with a protected freedom and, if it does, whether the state has shown that the interference is justified in terms of the second paragraph of the Article involved.
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Pub Date : 2021-05-17DOI: 10.1093/he/9780198765882.003.0024
H. Davis
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses Article 2 of the First Protocol, which guarantees two things: first, a right of access to education; and, second, an obligation on the state to ensure that the religious and philosophical convictions of parents concerning the education of their children are respected. The former is one of the few places where the Convention expressly refers to ‘social rights’, which are problematic because they can compel states to large expenditure and can distort democratically chosen priorities for expenditure. The latter reflects the fear of ideological indoctrination that has been associated with totalitarian regimes and is, predominantly, a negative obligation on states not to attempt to pervert the development of children’s minds.
{"title":"24. Article 2 of the First Protocol: right to education","authors":"H. Davis","doi":"10.1093/he/9780198765882.003.0024","DOIUrl":"https://doi.org/10.1093/he/9780198765882.003.0024","url":null,"abstract":"Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses Article 2 of the First Protocol, which guarantees two things: first, a right of access to education; and, second, an obligation on the state to ensure that the religious and philosophical convictions of parents concerning the education of their children are respected. The former is one of the few places where the Convention expressly refers to ‘social rights’, which are problematic because they can compel states to large expenditure and can distort democratically chosen priorities for expenditure. The latter reflects the fear of ideological indoctrination that has been associated with totalitarian regimes and is, predominantly, a negative obligation on states not to attempt to pervert the development of children’s minds.","PeriodicalId":251123,"journal":{"name":"Human Rights Law Directions","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130814542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-17DOI: 10.1093/he/9780198765882.003.0008
H. Davis
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 2 of the European Convention on Human Rights, which imposes on the state the general duty of protecting ‘everyone’s right to life’. Article 2 specifically states that the first duty of states is to protect the physical security of all those within their jurisdiction. It describes the only purposes for which the intentional use of force can be lawfully justified. In interpreting and applying Article 2, the European Court of Human Rights has identified and developed a number of general principles to which the domestic laws of signatory states must adhere—in particular the duty to investigate deaths for which the state is responsible. These principles are discussed in detail in the chapter.
{"title":"8. Article 2: right to life","authors":"H. Davis","doi":"10.1093/he/9780198765882.003.0008","DOIUrl":"https://doi.org/10.1093/he/9780198765882.003.0008","url":null,"abstract":"Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 2 of the European Convention on Human Rights, which imposes on the state the general duty of protecting ‘everyone’s right to life’. Article 2 specifically states that the first duty of states is to protect the physical security of all those within their jurisdiction. It describes the only purposes for which the intentional use of force can be lawfully justified. In interpreting and applying Article 2, the European Court of Human Rights has identified and developed a number of general principles to which the domestic laws of signatory states must adhere—in particular the duty to investigate deaths for which the state is responsible. These principles are discussed in detail in the chapter.","PeriodicalId":251123,"journal":{"name":"Human Rights Law Directions","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122205304","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-17DOI: 10.1093/HE/9780198765882.003.0018
H. Davis
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers Article 11 and relates it, in outline, to aspects of public order law in the UK. Article 11 protects the rights of people to ‘peaceful assembly’—to hold and take part in peaceful meetings, marches, and demonstrations. Related issues such as the notion of peaceful assembly and positive duties in respect of facilitating political action are discussed. Article 11 also guarantees the right to ‘associate’: to join and be active in ‘associations’ such as political parties, pressure groups, religious organisations, and trade unions. Both these rights are subject to restriction under the terms of Article 11. The importance of Article 11 rights for democracy is fully recognised, and any restrictions must be consistent with the principles of tolerance and pluralism. Article 11 also permits significant restrictions on the political freedom of police, civil servants, and other public officials.
{"title":"18. Article 11: freedom of assembly and association","authors":"H. Davis","doi":"10.1093/HE/9780198765882.003.0018","DOIUrl":"https://doi.org/10.1093/HE/9780198765882.003.0018","url":null,"abstract":"Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers Article 11 and relates it, in outline, to aspects of public order law in the UK. Article 11 protects the rights of people to ‘peaceful assembly’—to hold and take part in peaceful meetings, marches, and demonstrations. Related issues such as the notion of peaceful assembly and positive duties in respect of facilitating political action are discussed. Article 11 also guarantees the right to ‘associate’: to join and be active in ‘associations’ such as political parties, pressure groups, religious organisations, and trade unions. Both these rights are subject to restriction under the terms of Article 11. The importance of Article 11 rights for democracy is fully recognised, and any restrictions must be consistent with the principles of tolerance and pluralism. Article 11 also permits significant restrictions on the political freedom of police, civil servants, and other public officials.","PeriodicalId":251123,"journal":{"name":"Human Rights Law Directions","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132663003","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-17DOI: 10.1093/HE/9780198765882.003.0005
H. Davis
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter continues the analysis of the Human Rights Act. It discusses how cases can be brought under the Human Rights Act 1998 (HRA) and what remedies are available from the courts if a violation of a Convention right is found. The aim here is to delve deeper into the issue of how the rights of the European Convention on Human Rights (ECHR) are given further effect in the law of the UK by the HRA. The main issues discussed in the chapter include the importance of remedies and Article 13 ECHR—the right to a remedy, procedural issues for seeking remedies under the HRA, and remedies available under the HRA.
{"title":"5. The Human Rights Act 1998 (2): proceedings and remedies","authors":"H. Davis","doi":"10.1093/HE/9780198765882.003.0005","DOIUrl":"https://doi.org/10.1093/HE/9780198765882.003.0005","url":null,"abstract":"Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter continues the analysis of the Human Rights Act. It discusses how cases can be brought under the Human Rights Act 1998 (HRA) and what remedies are available from the courts if a violation of a Convention right is found. The aim here is to delve deeper into the issue of how the rights of the European Convention on Human Rights (ECHR) are given further effect in the law of the UK by the HRA. The main issues discussed in the chapter include the importance of remedies and Article 13 ECHR—the right to a remedy, procedural issues for seeking remedies under the HRA, and remedies available under the HRA.","PeriodicalId":251123,"journal":{"name":"Human Rights Law Directions","volume":"196 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121852063","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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