Human Rights: Convention Provisions

What Human Rights: Convention Provisions covers

Human Rights: Convention Provisions is examined in Components 2 and 3, if human rights law is one of the three areas you sit. It covers article 5 and the right to liberty and security of the person, article 5 exceptions, safeguards and restrictions, article 6 and the right to a fair trial, article 6 and the nature of an absolute right, article 8 and the right to respect for private and family life, article 8 exceptions, restrictions and positive obligations, article 10 and freedom of expression, article 10 exceptions and restrictions and article 11 and freedom of peaceful assembly and association.

The 9 subtopics

Each one has its own page.

• Article 5 and the right to liberty and security of the personA limited right whose exceptions are listed exhaustively — conviction, court orders, arrest on reasonable suspicion, minors, infectious disease, unsound mind, addiction and immigration — with security meaning protection from arbitrary interference.Open →
• Article 5 exceptions, safeguards and restrictionsWhat a detained person is owed: prompt reasons, prompt production before a judge and trial within a reasonable time, the habeas corpus guarantee in Article 5(4), and the enforceable right to compensation in Article 5(5).Open →
• Article 6 and the right to a fair trialThe fair and public hearing within a reasonable time by an independent and impartial tribunal, when press and public may be excluded, the presumption of innocence, and the minimum rights in Article 6(3).Open →
• Article 6 and the nature of an absolute rightEquality of arms and flagrant denial of justice.Open →
• Article 8 and the right to respect for private and family lifeThe four interests Article 8(1) protects — private life, family life, home and correspondence — and how wide each has been read, from personal autonomy and identity to relationships that fall short of marriage.Open →
• Article 8 exceptions, restrictions and positive obligationsThe three-part test in Article 8(2): in accordance with the law, in pursuit of one of the listed legitimate aims, and necessary in a democratic society — plus the positive obligations the Article imposes on the state.Open →
• Article 10 and freedom of expressionThe right to hold opinions and to receive and impart information, its protection of speech that offends, shocks or disturbs, and why political and journalistic expression is guarded most closely.Open →
• Article 10 exceptions and restrictionsThe longest list of exceptions in the Convention — national security, public safety, disorder and crime, health and morals, reputation and rights of others, confidence and the authority of the judiciary — and the precision a restriction must have.Open →
• Article 11 and freedom of peaceful assembly and associationPeaceful assembly and freedom of association including the right to form and join a trade union, the positive obligation to facilitate a lawful protest, and the negative right not to be forced to join.Open →

What you need to know

Answer each one before you reveal it.

Take Human Rights: Convention Provisions further

The same content, four other ways.

Questions from this topic

Each one with the model answer underneath.

1. 1

   What does Article 5 of the Convention protect?

   Model answer

   Article 5 of the European Convention on Human Rights protects liberty and security of the person. Deprivation of liberty is permitted only on the listed grounds and by a procedure prescribed by law.

2. 2

   Is Article 5 an absolute right?

   Model answer

   Article 5 is a limited right rather than an absolute one. Detention is lawful only where it falls within one of the six grounds the Article itself sets out.

3. 3

   On what basis may a convicted person be detained under Article 5?

   Model answer

   Article 5(1)(a) permits lawful detention after conviction by a competent court. The sentence must come from a court rather than from an administrative body.

4. 4

   When may a person be detained for failing to comply with a court order?

   Model answer

   Article 5(1)(b) permits detention for non-compliance with a lawful order of a court. Article 5(1)(b) also permits detention to secure the fulfilment of an obligation prescribed by law.

5. 5

   What does Article 5(1)(c) permit?

   Model answer

   Article 5(1)(c) permits arrest on reasonable suspicion of having committed an offence. Detention is also allowed to prevent an offence or to stop a suspect fleeing afterwards.

6. 6

   What does Article 5(1)(d) allow in the case of a minor?

   Model answer

   Article 5(1)(d) allows detention of a minor for the purpose of educational supervision. A minor may also be detained in order to be brought before a competent legal authority.

What is inside Levo

Six ways to work the same material.

Human Rights: Convention Provisions revision questions

What does Human Rights: Convention Provisions cover in Eduqas A-Level Law?

9 subtopics: article 5 and the right to liberty and security of the person, article 5 exceptions, safeguards and restrictions, article 6 and the right to a fair trial, article 6 and the nature of an absolute right, article 8 and the right to respect for private and family life, article 8 exceptions, restrictions and positive obligations, article 10 and freedom of expression, article 10 exceptions and restrictions and article 11 and freedom of peaceful assembly and association. Each one has its own page with questions and model answers.

How is Human Rights: Convention Provisions organised?

By the Eduqas A150QS specification, subtopic by subtopic, so it matches the order you are taught it in.