Chapter 3 Multiple choice questions

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. Despite signing up to the European Convention on Human Rights in 1951 the UK did not develop specific Human Rights legislation until the Human Rights Act (1998) instead they relied upon which Court to address human rights enforcement issues

European Court of Human Rights – Strasbourg correct incorrect

European Court of Justice – Luxembourg correct incorrect

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. The Human Rights Act (1998) has a number of key functions with regard to the UK legislative process, can you identify two from the answers below?

Any decision made within UK Courts must identify the relevant ECHR Article relevant to the case correct incorrect

Judges must take account of European Court of Human Rights judgements and subsequent law in determining the outcome of any UK case correct incorrect

Any new laws introduced in the UK must always be compatible with European Law correct incorrect

All UK law must be compatible with the European Convention on Human Rights as far as possible correct incorrect

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. Questions have been raised about the relevance of Human Rights when placed in the context of contemporary terrorist threats to UK citizens, however what two options do the government have to address overriding human rights where there are significant threats to the public?

Most Human Rights articles can be breached where a lawful process deems there is sufficient reason not do so correct incorrect

The ban on imprisonment without trial can be overridden in the event of a terrorist attack correct incorrect

The Human Rights Act can be suspended in the event of a terrorist attack correct incorrect

Those accused or convicted of terrorism are not entitled to access to the Human Rights Act correct incorrect

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. Pressure groups promoting human rights can initiate legal proceedings regarding breeches of human right: true or false?

True correct incorrect

False correct incorrect

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. Which section of the Care Act (2014) extends the responsibility of Local Authorities under the Human Rights Act to all care home users funded by the state (even where a person is placed by their family rather than the Local Authority)?

Section 43 correct incorrect

Section 53 correct incorrect

Section 63 correct incorrect

Section 73 correct incorrect

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. Which of the following rights under the Convention are absolute?

The right to liberty correct incorrect

The right to free speech correct incorrect

The right to protection from torture correct incorrect

The right to private and family life correct incorrect

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. A breech of any human right is something that must be carefully considered on a case by case basis, what did the R (on application of A & B) v East Sussex County Council (2003) highlight as a course of action that should not be taken?

In an emergency the dignity of a service user can be over-ridden correct incorrect

'Blanket policy' decisions should not be made correct incorrect

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. Where a breach of Article 5 and Article 8 of the Human Rights Act leads to a person being deprived of their liberty, the Hillingdon v Stephen Neary and other (2011) case illustrated how misinterpretation of best interest can impact on basic human rights; which of the following principles in this case indicate what MUST be considered?

Best interests decision making overrides human rights correct incorrect

Liberty must always be preferred to removal of a person's liberty correct incorrect

Where disagreement exists, a Local Authority must not leave this to an individual or interested party to take the matter to court correct incorrect

Review of the matter must only be carried out where there is a disagreement correct incorrect

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. The Equality Act (2010) introduced a set of protected characteristics can you identify two characteristics outlined below?

In a committed relationship correct incorrect

Being Pregnant correct incorrect

Having a minor, temporary disability correct incorrect

Gender re-assignment correct incorrect

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. What national organisation was developed as a result of the Equality Act to promote equality by helping people to pursue court cases and carries out important work researching and publicising breaches of human rights and equality law?

Equality Opportunities Commission correct incorrect

Commission for Racial Equality correct incorrect

Disability Rights Commission correct incorrect

Equality and Human Rights Commission correct incorrect

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. Section 158 of the Equality Act promotes which of the following?

Positive Action that is proportionate correct incorrect

Makes Positive Discrimination legal correct incorrect

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. Which section of the Equality Act (2010) sets out the public-sector equality duty, ie. the duty of public bodies to act to eliminate discrimination?

Section 149 correct incorrect

Section 150 correct incorrect

Section 159 correct incorrect

Section 158 correct incorrect