Chapter 2 Self-test questions

. Which one of the following statements is correct?:

The Council of Europe was established in 1950 and consists of 27 member states

The Council of Europe was established in 1949 and consists of 47 member states

The Council of Europe was established in 1959 and consists of 34 member states

The Council of Europe was established in 1984 and consists of 19 member states

. The European Convention on Human Rights is predominantly concerned with which of the following?:

Economic and social rights

Environmental rights

Civil and political rights

Economic freedom

. Which of the following statements is false?:

In the 1990s, it became apparent the European Court of Human Rights had to be reformed because it wasn't examining enough cases

In the 1990s, it became apparent the European Court of Human Rights had to be reformed because the workload had increased

In the 1990s, it became apparent the European Court of Human Rights had to be reformed because it was a part time court that could not process the growing number of complaints

In the 1990s, it became apparent the European Court of Human Rights had to be reformed because of the growth in the number of individuals who could access the Court after the increase in the number of member states

. Which one of the following statements is false?:

Protocol 14 changed the committee that hears admissibility cases from a three judge to a one judge formation

Protocol 14 added a new criterion for admissibility

Protocol 14 abolished the Commission of Human Rights

Protocol 14 extended the judicial term of office for the European Court of Human Rights

. Which of the following cases best illustrates the 'living instrument principle' used by the European Court of Human Rights?:

Golder v UK (1978)

A v UK (2009)

Goodwin v UK (2002)

Osman v UK (1998)

. Which of the examples below has not been developed by the European Court of Human Rights as a situation where the state has a positive obligation to protect?

When the applicant is in the custody of the state

Where the state must investigate claims against it

The development of a legal framework to protect those within the state

To provide housing for all those homeless within a state

. In Osman v UK (1998), the European Court laid down a test, which can be used to apply a general positive obligation on a state. Which of the following statements is not part of the Osman test?:

The risk must emanate from a state agent

…Of a real and imminent risk (of death/harm)

A state should take reasonable steps to prevent death/harm occurring

A state knows or ought to have known…

. Which of the following articles are not qualified rights?:

Article 3

Article 8

Article 9

Article 11

. Which of the following statements is inaccurate?:

Proportionality is a means of balancing the rights of an individual against the protection of the community as a whole

For an act to be proportionate, it should be linked to the legitimate aim of the state measure complained of

Proportionality is the same as reasonableness

Proportionality should mean the state takes the least intrusive action that is necessary

. Which case was the first to define the meaning of the doctrine of 'margin of appreciation' as applied by the European Court of Human Rights?

Goodwin v UK (2002)

Airey v Ireland (1979)

Osman v UK ( 1998)

Handyside v UK (1976)

Chapter 2 Self-test questions

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