Chapter 9 Self-test questions

Human rights are generally considered to be _______ legal protections and freedoms that individuals have by virtue of being human.

The terms civil liberties and human rights are often used interchangeably, although they are different legal concepts. Please match the definition against the concept.

These are residual rights and freedoms that may be overridden by express provisions in a statute. They allow an individual to do anything that has not been prohibited by law.

These are important but minimal legal rights owed to people, and the state has a duty to ensure that they are protected. They are considered (by some) to be inherent for all people.

Human rights are often discussed in relation to "waves" or "generations" denoting different categories of rights. Please match the definitions against their respective waves.

These are sometimes referred to as negative rights. The state is prevented from removing certain types of legal protection from the individual e.g. the right to be free from torture.

These rights are social and economic rights that require the state to provide sometime or to guarantee something in an active sense.

These rights are accorded to communities rather than simply to individuals. They include some environmental rights.

A traditional system of human rights protection appears to be at odds with the doctrine of parliamentary supremacy.

True

False

Please select the answer that best describes that nature of the Council of Europe.

The Council of Europe is one of the institutions of the European Union, which deals with human rights issues.

The Council of Europe is an international body founded to promote human rights protection in sovereign states. It is a membership body that forty-seven states (including the UK) have chosen to join.

The Council of Europe is an international body founded to promote free movement of people, goods, services and capital which then moved into human rights protection as a result of subsequent treaty negotiations.

The Council of Europe is an international body founded to promote human rights protection in sovereign states. It is a membership body that twenty-eight states (including the UK) have chosen to join.

European Convention rights fall into three broad categories: absolute, derogable and qualified rights. Please select the correct definition to match the category of right.

These are rights that one has regardless of the context. Although these rights are not unlimited i.e. they are still subject to stated exceptions.

These rights are not balanced against other rights; there are no lawful restrictions that may be placed on them in normal circumstances. However, in a time of national emergency the ECHR provides that a state may limit their operation for a defined period subject to conditions.

These rights have to be balanced against a set of circumstances to determine the extent to which they may be lawfully and proportionately restricted.

Question. Please select each statement that you consider to be correct as regards the relationship between UK primary legislation and the ECHR.

In a situation where UK primary legislation directly contradicts the ECHR, the ECHR will be applied and the UK legislation disapplied as the ECHR is overriding under the terms of the HRA 1998.

In a situation where UK primary legislation accords with the ECHR, UK primary legislation will be applied by the British courts.

In a situation where there is some ambiguity in UK primary legislation, British judges will interpret this legislation so as to give effect to the ECHR.

In a situation where UK primary legislation directly contradicts the ECHR, the UK primary legislation will be applied and the judge(s) may issue a declaration of incompatibility to indicate that this legislation does not conform to the ECHR.

A declaration of incompatibility under section 4 HRA 1998 has the effect of suspending the operation of the UK Act of Parliament until such time as the government can consider whether the Act of Parliament should be amended to bring it into conformity with the ECHR.

True

False

There are two different views on the purpose of the ECHR. Please match the view with the appropriate label.

A system that provides threshold legal protections for all people who come into contact with state signatories so as to limit the opportunity for human rights violations and to provide a means to challenge a state when there is appears to be a violation.

A system designed to develop individual's human rights over time, to allow the ECtHR gradually to augment human rights standards through its case law.

Which answer most accurately defines the way in which UK primary legislation is applied or disapplied under the terms of the ECA 1972 and the HRA 1998, if it directly contradicts directly applicable EU law and the ECHR?

If UK primary legislation directly contradicts the ECHR, then UK law will prevail. If UK primary legislation directly contradicts directly applicable EU law, EU law will prevail.

If UK primary legislation directly contradicts the ECHR, then the ECHR will prevail. If UK primary legislation directly contradicts directly applicable EU law, then UK law will prevail.

If UK primary legislation directly contradicts the ECHR, then UK law will prevail. If UK primary legislation directly contradicts directly applicable EU law, UK law will prevail.

If UK primary legislation directly contradicts the ECHR, then the ECHR will prevail. If UK primary legislation directly contradicts directly applicable EU law, EU law will prevail.

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