| Articles |
Whilst
UK laws are made up of sections, the Convention is composed
of Articles each of which contains a different basic Human
Right. |
| The
Convention |
The
Convention was written to ensure the citizens of Europe
would have basic Human Rights and be free from oppression.
The Convention's full title is the European Convention
on Human Rights and Fundamental Freedoms. |
| Declarations
of Incompatibility |
If
the High Court or above finds that a UK law cannot be interpreted
in a way which is compatible with the convention, it may
make a 'declaration of incompatibility'. Such declarations
cannot be made by Magistrates' Courts. |
| Derogation |
Individual
states may enter into a derogation (opting out) in respect
of certain Articles during times of war or other national
emergency. The UK government has entered into a derogation
in respect of Northern Ireland which has the effect of
limiting the effect of certain Rights under the Convention. |
| Equality
of Arms |
The
Right to a Fair Trial (Article 6) provides certain basic
rights which must be accorded to those standing trial.
The Court of Human Rights has interpreted Article 6 as
requiring that both sides have a reasonable opportunity
to present their case. At its most basic it means that
a level playing field is necessary for a trial to be fair. |
| Horizontality |
The
basic aim of the Convention was to protect the individual
from the tyranny of the State. As such the effect of the
Convention is usually vertical or hierarchical as between
the government and the citizen. However, in its role as
a public authority, courts must ensure when settling disputes
between citizens that each individual's Rights are respected
thus taking a horizontal approach. |
| The
Human Rights Act 1998 (HRA) |
The
Human Rights Act 1998 incorporates those Rights contained
in Schedule 1 of the Act into our law. The Act also requires
that existing laws are interpreted in a way which are compatible
with the Convention. |
| Legitimate
Aim |
Interference
with a qualified Right can only be lawful if the purpose
of the measure is to safeguard an interest set out in the
Article. For example, it may be a legitimate aim of a particular
measure to prevent crime. |
| Living
Instrument |
The
Convention signed in 1950 was intended to provide the basic
Human Rights needed at that time. The Court of Human Rights
recognised that if the Convention was going to remain relevant
to the population, it needed to be seen as a living instrument.
As a result, the Court does not regard itself as being
bound by its previous decisions and will interpret the
Convention in line with current morality and values. |
| Margin
of Appreciation |
This
concept is used only by the Court of Human Rights, national
courts cannot apply a margin of appreciation. The national
courts' view of the needs of that State's society will
sometimes be used by Strasbourg rather than its own view
being imposed. |
| Proportionality |
When
determining whether the State's action was in pursuit of
a legitimate aim, regard must be had as to whether the
action of the State was necessary in a democratic society.
Using a 'sledge hammer to crack a nut' is not allowed. |
| Protocols |
This
is the name given to new Rights which have been added to
the original Convention over the years. |
| Public
Authority |
The
HRA 1998 states that courts are 'public authorities' for
the purposes of the Convention.As such the courts are under
a duty to ensure that the Rights of others are respected.
The Act also provides that it is unlawful for the courts
to act in a way which is not compatible with the Convention. |
|
The
Purposive Approach to Interpretation
|
The
need to look at the purpose and intention of the relevant
Article so as to give effect to the aim of the Convention. |
| Rights |
Each
guarantee within the Convention is called a Right. There
are three types of Rights: absolute, qualified and limited. |
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