Human Rights: Key Convention Provisions

What Human Rights: Key Convention Provisions covers

Human Rights: Key Convention Provisions is examined in A2 Units 3 and 4 — Human Rights Law, one of three areas of which a student studies two. Unit 3 applies these rules to a scenario and Unit 4 evaluates them.. It covers article 8 and the scope of private and family life, home and correspondence, negative and positive obligations under Article 8, article 8(2) and the justification of an interference, article 10 and the right to freedom of expression, article 11 and freedom of peaceful assembly and association, balancing Article 8 against Article 10 and evaluating the qualified rights and their exceptions.

The 7 subtopics

Each one has its own page.

• Article 8 and the scope of private and family life, home and correspondenceRecall questions on how widely private life is read, Peck and S and Marper, environmental interference with the home, telephone tapping and workplace calls, and the word respect.Open →
• Negative and positive obligations under Article 8Recall questions on the difference between the two kinds of duty, Von Hannover, Wainwright, the two-stage test for misuse of private information, Bloomberg LP v ZXC, and fair balance.Open →
• Article 8(2) and the justification of an interferenceRecall questions on the legitimate aims, the accordance with law requirement and why the interception regime failed it, the four-stage proportionality test, blanket measures, deference, and where the burden lies.Open →
• Article 10 and the right to freedom of expressionRecall questions on speech that offends, the freedom to receive information, the unusual opening words of the second paragraph, prior restraint and interim injunctions, Redmond-Bate, and journalistic sources.Open →
• Article 11 and freedom of peaceful assembly and associationRecall questions on why the word peaceful matters, counter-demonstrations, the extra restriction the second paragraph permits, DPP v Jones, Laporte and Austin, trade union membership, and whether striking is protected.Open →
• Balancing Article 8 against Article 10Recall questions on the four propositions in In re S, the public interest as against what interests the public, false public statements, photographs, Mosley and PJS, and press self-regulation.Open →
• Evaluating the qualified rights and their exceptionsRecall questions on the charge that the second paragraphs swallow the rights, the uncertainty of proportionality, the margin of appreciation, the law on protest, and judges in a political role.Open →

What you need to know

Answer each one before you reveal it.

Take Human Rights: Key Convention Provisions further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

• Right to respect for private life vs Freedom of expression

  Right to respect for private life: protecting a person against intrusion into their personal sphere. Freedom of expression: protecting imparting and receiving information and ideas.

• Legality requirement vs Necessity requirement

  Legality requirement: asking whether the interference has an accessible and foreseeable basis in domestic rules. Necessity requirement: asking whether it answers a pressing social need and goes no further than that need.

• Legitimate aim vs Proportionality

  Legitimate aim: the listed purpose the state must be pursuing, such as public safety or the prevention of crime. Proportionality: whether the measure taken goes beyond what that purpose requires.

Questions from this topic

Each one with the model answer underneath.

1. 1

   State the four interests protected by Article 8(1).

   Model answer

   Article 8(1) protects the right to respect for a person's private life, their family life, their home and their correspondence.

2. 2

   How widely have the courts read the concept of private life?

   Model answer

   Very widely, so that it covers physical and psychological integrity, personal autonomy, identity, sexuality, personal data and the development of relationships with other people.

3. 3

   Can Article 8 protect a person while they are in a public place?

   Model answer

   Yes, because private life extends to interaction in public where a person retains a reasonable expectation of privacy, as where images of them are recorded and then published.

4. 4

   What did Peck v UK (2003) decide?

   Model answer

   Disclosure to the media of local authority closed-circuit television footage showing the applicant after a suicide attempt breached Article 8, because no proper safeguards had been obtained to mask his identity.

5. 5

   What did S and Marper v UK (2008) decide?

   Model answer

   The blanket and indiscriminate retention of the DNA profiles, cell samples and fingerprints of people who had never been convicted was a disproportionate interference with Article 8.

6. 6

   Which statute changed the retention of biometric data after S and Marper v UK?

   Model answer

   The Protection of Freedoms Act 2012 replaced indefinite retention with a scheme of limited and time-restricted retention for those who have not been convicted.

What is inside Levo

Six ways to work the same material.

Human Rights: Key Convention Provisions revision questions

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

7 subtopics: article 8 and the scope of private and family life, home and correspondence, negative and positive obligations under article 8, article 8(2) and the justification of an interference, article 10 and the right to freedom of expression, article 11 and freedom of peaceful assembly and association, balancing article 8 against article 10 and evaluating the qualified rights and their exceptions. Each one has its own page with questions and model answers.

How is Human Rights: Key Convention Provisions organised?

By the WJEC 603-1978-1 specification, subtopic by subtopic, so it matches the order you are taught it in.