Chapter 7 Multiple choice questions

1. Which, if any, of the following situations might involve a violation of Article 14? Please select all that apply.

A woman complains that she has been denied a promotion opportunity at work because of gender discrimination.

A radical Imam is prosecuted under anti-terror laws for allegedly speaking in favour of terrorism. The statute under which he is prosecuted expressly refers to Muslim clerics such as the defendant. His alleged words, however, involved incitements to violence.

Jones is a gay man. He complains that his foster child does not have the opportunity to go to a state school that supports positive images of gays and lesbians.

Widowers claim there has been a violation of Article 14 in respect of their pensions, which are lower than those of widows.

2. Any significant difference in treatment between people of different 'status' that is within the ambit of a Convention right will involve a violation of Article 14.

True

False

3. Article 15 ECHR allows States the power to 'derogate' from the Convention. Which one of the following statements describes that power?

To deal with a public emergency, a State, if it deems it necessary, may suspend all its obligations under the Convention in order to deal with the emergency in ways that would otherwise involve violations.

To deal with a public emergency, a State may suspend its obligations under most, although not all, Convention Articles and take whatever measures it believes necessary (including those that would otherwise violate the Convention) in order to deal with the emergency.

To deal with a public emergency, a State may suspend its obligations under the Convention and take proportionate measures (which would otherwise violate the Convention) to deal with the emergency. The only limit is that the State must not torture anybody.

To deal with a public emergency, a State may suspend some, although not all, of its obligations under the Convention. It may then take measures, proportionate to the threat, to deal with the emergency in ways that would otherwise violate the Convention.

4. In A v Secretary of State for the Home Office [2004] UKHL 56, the House of Lords held that detention without conviction was unlawful and ordered the release of the terrorist suspects who had been so detained.

True

False

5. Match the facts with the case.

A ban preventing a racist political party from standing in an election was upheld under the Convention.

Article 17 means that denial of the Holocaust is not speech that the European Court of Human Rights is likely to protect under Article 10.

A ban on a political party that won a parliamentary election was upheld. The party, if it formed the government, probably would have introduced a regime incompatible with human rights.

The European Court of Human Rights accepted a ban on elected members of a parliament taking their seats. The elected members were associated with a previous, undemocratic regime.

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