European Convention on Human Rights: Key Cases and Principles, Exams of Law

Download European Convention on Human Rights: Key Cases and Principles and more Exams Law in PDF only on Docsity! LAW 399 Human Rights Review Exam Q & A 2024 1. Which of the following rights is protected by Article 3 of the European Convention on Human Rights (ECHR)? A. Right to a fair trial B. Right to life C. Right to freedom from torture and inhuman or degrading treatment D. Right to freedom of expression Answer: C. Right to freedom from torture and inhuman or degrading treatment Rationale: Article 3 of the ECHR prohibits torture and inhuman or degrading treatment, and is an absolute right that cannot be derogated from under any circumstances. 2. In the UK, the Human Rights Act 1998 incorporates the provisions of the ECHR into domestic law. Which section of the Act requires public authorities to act in a way that is compatible with Convention rights? A. Section 1 B. Section 2 C. Section 3 D. Section 4 Answer: A. Section 1 Rationale: Section 1 of the Human Rights Act 1998 requires public authorities to act in a way that is compatible with Convention rights, unless a provision of primary legislation makes it impossible to do so. 3. Which case established the principle of proportionality as a key component of human rights law in the UK? A. R (Miller) v Secretary of State for Exiting the European Union B. R v Secretary of State for the Home Department, ex parte Daly C. Ghaidan v Godin-Mendoza D. Bank Mellat v HM Treasury Answer: B. R v Secretary of State for the Home Department, ex parte Daly Rationale: In the case of R v Secretary of State for the Home Department, ex parte Daly, the House of Lords held that the principle of proportionality is a key component of human rights law in the UK. 4. Which of the following rights is protected by Article 8 of the ECHR? A. Right to life D. Right to a fair trial Answer: A. Right to liberty and security Rationale: The UK Supreme Court held that stop and search powers under the Terrorism Act 2000 were incompatible with the right to liberty and security under Article 5 of the ECHR. 12. Which case established the principle that the UK government's policy of denying prisoners the right to vote is a violation of Article 3 of Protocol No. 1 of the ECHR? A. Hirst v United Kingdom (No. 2) B. McCann and Others v United Kingdom C. Vinter and Others v United Kingdom D. L and V v Austria Answer: A. Hirst v United Kingdom (No. 2) Rationale: In the case of Hirst v United Kingdom (No. 2), the ECtHR held that the UK government's policy of denying prisoners the right to vote is a violation of Article 3 of Protocol No. 1 of the ECHR. 13. Which of the following rights is NOT explicitly protected by the ECHR? A. Right to freedom of thought, conscience and religion B. Right to freedom from slavery and forced labour C. Right to education D. Right to freedom of assembly and association Answer: C. Right to education Rationale: The right to education is not explicitly protected under the ECHR, but may be indirectly protected under other rights such as the right to respect for private and family life. 14. In the case of Bank Mellat v HM Treasury, the UK Supreme Court held that the Treasury's decision to impose financial restrictions on the bank was a violation of which human rights principle? A. Right to life B. Right to a fair trial C. Right to property D. Right to freedom of expression Answer: C. Right to property Rationale: The UK Supreme Court held that the Treasury's decision to impose financial restrictions on Bank Mellat was a violation of the bank's right to property under Article 1 of Protocol No. 1 of the ECHR. 15. Which case established the principle that discrimination based on gender identity is a violation of the right to respect for private and family life under Article 8 of the ECHR? A. Van Raalte v Netherlands B. Oliari v Italy C. Niemietz v Germany D. Tysiąc v Poland Answer: B. Oliari v Italy Rationale: In the case of Oliari v Italy, the ECtHR held that discrimination based on gender identity is a violation of the right to respect for private and family life under Article 8 of the ECHR. 16. Which of the following rights is protected by Article 11 of the ECHR? A. Right to life B. Right to freedom of expression C. Right to respect for private and family life D. Right to freedom of assembly and association Answer: D. Right to freedom of assembly and association Rationale: Article 11 of the ECHR protects the right to freedom of peaceful assembly and association. 17. In the case of R v Director of Public Prosecutions, ex parte Kebilene, the UK House of Lords held that the government's decision to deport a foreign national on national security grounds was a violation of which human rights principle? A. Right to liberty and security B. Right to respect for private and family life C. Right to freedom of expression D. Right to a fair trial Answer: A. Right to liberty and security Rationale: The House of Lords held that the government's decision to deport a foreign national on national security grounds was a violation of the right to liberty and security under Article 5 of the ECHR. 18. Which case established the principle that states have a duty to protect individuals from inhuman and degrading treatment, even in the context of armed conflict? A. Tysiąc v Poland B. Dudgeon v United Kingdom C. Jaloud v Netherlands D. Cyprus v Turkey Answer: C. Jaloud v Netherlands Rationale: In the case of Jaloud v Netherlands, the ECtHR held that states have a duty to protect individuals from inhuman and degrading treatment, even in the context of armed conflict. 19. Which of the following rights is protected by Article 9 of the ECHR? A. Right to life B. Right to freedom of expression C. Right to respect for private and family life D. Right to freedom of thought, conscience and religion Answer: D. Right to freedom of thought, conscience and religion Rationale: Article 9 of the ECHR protects the right to freedom of thought, conscience and religion. 20. In the case of A, B and C v Ireland, the ECtHR held that the Irish government's failure to provide access to abortion in cases of fatal fetal abnormality was a violation of which human rights principle? A. Right to life B. Right to respect for private and family life C. Right to freedom from inhuman or degrading treatment D. Right to freedom of expression Answer: C. Right to freedom from inhuman or degrading treatment Rationale: The ECtHR held that the Irish government's failure to provide access to abortion in cases of fatal fetal abnormality was a violation of the right to freedom from inhuman or degrading treatment under Article 3 of the ECHR. 21. Which case established the principle that states have a duty to investigate credible allegations of serious human rights violations by state agents? A. McCann and Others v United Kingdom B. Soering v United Kingdom d) It abolishes the concept of human rights in the UK Answer: a) It incorporates the European Convention on Human Rights into domestic law Rationale: The Human Rights Act 1998 incorporates the rights and freedoms protected under the ECHR into UK law, allowing individuals to enforce their human rights in domestic courts. Question 3: In the context of constitutional law, what does the principle of legality refer to? a) The requirement for laws to be clear and accessible to the public b) The presumption that Parliament does not intend to interfere with fundamental rights c) The limitation on the retroactive application of criminal laws d) The obligation of the government to act in accordance with international treaties Answer: b) The presumption that Parliament does not intend to interfere with fundamental rights Rationale: The principle of legality holds that Parliament does not intend to interfere with fundamental rights unless it clearly expresses such intention in legislation. Question 4: Which court is the final appellate court for cases involving human rights in the UK? a) Supreme Court b) European Court of Human Rights c) High Court d) Court of Appeal Answer: a) Supreme Court Rationale: The Supreme Court is the final appellate court for cases involving human rights in the UK, and it has the authority to interpret and apply the Human Rights Act 1998. Question 5: What is the concept of positive obligations in the context of human rights law? a) Obligations imposed on individuals to promote human rights b) Obligations imposed on the state to refrain from interfering with human rights c) Obligations imposed on the state to take proactive measures to protect human rights d) Obligations imposed on international organizations to enforce human rights Answer: c) Obligations imposed on the state to take proactive measures to protect human rights Rationale: Positive obligations require the state to take proactive measures to protect individuals' human rights, such as implementing effective legal and administrative frameworks. Question 6: Which of the following is considered a derogable right under the ECHR? a) Right to life b) Prohibition of torture c) Right to freedom of thought, conscience, and religion d) Right to respect for private and family life Answer: d) Right to respect for private and family life Rationale: The right to respect for private and family life is considered a derogable right, meaning that it can be limited or restricted in certain circumstances, such as national security or public safety. Question 7: Under the Human Rights Act 1998, who can bring a claim alleging a violation of human rights? a) Only British citizens b) Only individuals with legal representation c) Any individual, regardless of nationality or legal representation d) Only public authorities Answer: c) Any individual, regardless of nationality or legal representation Rationale: The Human Rights Act 1998 allows any individual, regardless of nationality or legal representation, to bring a claim alleging a violation of human rights in UK courts. Question 8: What is the significance of the margin of appreciation in the context of human rights law? a) It allows states to derogate from certain human rights obligations in times of emergency b) It grants states a degree of discretion in implementing human rights standards c) It limits the application of human rights to certain categories of individuals d) It establishes a minimum threshold for human rights protection in all circumstances Answer: b) It grants states a degree of discretion in implementing human rights standards Rationale: The margin of appreciation allows states a degree of discretion in implementing human rights standards, taking into account national circumstances and cultural diversity. Question 9: Which article of the ECHR protects the right to freedom of expression? a) Article 2 b) Article 6 c) Article 8 d) Article 10 Answer: d) Article 10 Rationale: Article 10 of the ECHR protects the right to freedom of expression, including the freedom to hold opinions and to receive and impart information and ideas without interference by public authority. Question 10: In the context of constitutional law, what is the doctrine of human rights b) It limits the scope of human rights protection to negative obligations c) It mandates individuals to actively promote human rights in society d) It applies exclusively to economic and social rights, excluding civil and political rights Answer: a) It requires states to take proactive measures to protect individuals' human rights Rationale: The concept of "positive obligations" requires states to take proactive measures to protect individuals' human rights, such as implementing effective legal and administrative frameworks, and is not limited to specific categories of human rights. 1. Which case established the principle that the Human Rights Act 1998 does not have retrospective effect? A. R v. Lyons B. R (on the application of Anderson) v. Secretary of State for the Home Department C. R v. Lambert D. Ghaidan v. Godin-Mendoza Answer: C. R v. Lambert Rationale: In R v. Lambert, the court held that the Human Rights Act 1998 does not apply retrospectively. This principle is significant for ensuring that laws are not applied to actions that occurred before they came into effect. 2. Under the Human Rights Act 1998, which Schedule lists the rights and freedoms protected? A. Schedule 1 B. Schedule 2 C. Schedule 3 D. Schedule 4 Answer: A. Schedule 1 Rationale: Schedule 1 of the Human Rights Act 1998 lists the Articles of the European Convention on Human Rights which are given effect in UK law, providing a clear reference for protected rights and freedoms. 3. What is the significance of the case A v. Secretary of State for the Home Department (2004) in UK constitutional law? A. It affirmed the legality of indefinite detention without trial. B. It established the principle of parliamentary sovereignty. C. It ruled that evidence obtained through torture is inadmissible. D. It set out the guidelines for judicial review. Answer: C. It ruled that evidence obtained through torture is inadmissible. Rationale: The case is significant for reinforcing the prohibition of torture and the principle that evidence obtained through such means is not admissible in court, upholding the integrity of the legal system and human rights. 4. Which principle concerning freedom of expression was affirmed in the case of Handyside v. United Kingdom? A. The right to offend, shock, or disturb is part of freedom of expression. B. Freedom of expression is absolute and cannot be restricted. C. Public morality takes precedence over freedom of expression. D. Freedom of expression can only be exercised by members of the press. Answer: A. The right to offend, shock, or disturb is part of freedom of expression. Rationale: The European Court of Human Rights held that freedom of expression extends to ideas that offend, shock, or disturb the State or any sector of the population, as such are demands of pluralism, tolerance, and broadmindedness without which there is no democratic society. 5. In the context of UK constitutional law, what is the 'margin of appreciation'? A. The leeway given to public authorities in interpreting statutes. B. The discretion allowed to judges when deciding cases involving human rights. C. The scope of judicial review over legislative actions. D. The latitude afforded to member states by the European Court of Human Rights in applying the Convention. Answer: D. The latitude afforded to member states by the European Court of Human Rights in applying the Convention. Rationale: The margin of appreciation is a doctrine wherein the European Court of Human Rights acknowledges that national authorities have the discretion to decide how to implement certain rights and obligations under the Convention, recognizing the diversity of cultural, historical, and social contexts across member states. 6. What was the key human rights issue in the case of R (on the application of Daly) v. Secretary of State for the Home Department? A. The right to a fair trial B. The right to respect for private and family life C. The right to freedom from discrimination D. The right to peaceful enjoyment of possessions Answer: B. The right to respect for private and family life Rationale: The case concerned the legality of prison officers reading confidential legal correspondence, which was held to be a violation of the right to respect for private and family life under Article 8 of the European Convention on Human Rights. 7. Which case is most associated with the development of the proportionality test in UK law? A. Bank Mellat v. HM Treasury B. R (on the application of Daly) v. Secretary of State for the Home Department C. R v. Secretary of State for the Home Department, ex parte Simms D. Huang v. Secretary of State for the Home Department Answer: A. Bank Mellat v. HM Treasury Rationale: In Bank Mellat v. HM Treasury, the Supreme Court elaborated on the proportionality test, which requires that any measure interfering with a right must be proportionate to the legitimate aim pursued, becoming a key aspect of human rights adjudication in the UK. 8. The case of R (on the application of Miller) v. The Prime Minister challenged the lawfulness of what action? A. The prorogation of Parliament B. The introduction of tuition fees