7. Freedom of religion and expression

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of religion and freedom of expression, which are classified as qualified rights, and examines Article 9 of the European Convention on Human Rights (ECHR), which explains the right to hold or not hold a belief as well as the right to manifest a belief. It also considers how the European Court of Human Rights (ECtHR) decides if there has been manifestation of belief, interpretation of Article 10 with respect to views that shock and disturb and some forms of hate speech, and state restriction of expression. The chapter concludes with a discussion of freedom of religion and expression in the UK.

3. The Human Rights Act 1998 (HRA)

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the Human Rights Act 1998 (HRA), which was introduced to allow individuals to argue cases involving rights contained in the European Convention on Human Rights (ECHR) directly before a UK court. It first explains the background and rationale underlying the HRA, focusing on the arguments for and against a Human Rights Act, as well as the human rights that are covered and not covered by the HRA. The chapter then discusses the judicial powers/duties and remedies under the HRA, along with powers of derogation and reservation, with an emphasis on ECtHR case law, the interpretation clause, and declarations of incompatibility with the Convention rights. In addition, it examines the HRA’s use of proportionality and judicial deference doctrines when deciding whether an act by a public authority is incompatible with a Convention right. The chapter concludes by assessing the future of the HRA.

8. Freedom of assembly and association

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of assembly and association, which is dealt with together in Article 11 of the European Convention on Human Rights (ECHR) but separately in the International Covenant on Civil and Political Rights (ICCPR). It looks at the various forms of an assembly, and considers forms of association such as political parties, other interest groups, and trade unions, and how a state must justify any restriction on Article 11(1) given the extremely narrow margin of appreciation when it comes to political parties. The chapter also discusses public order and protest that has led to litigation in England and Wales to determine what is meant by imminent breach of the peace, the limits on processions and assembly, and the proportionality of state measures under Article 11 (with Articles 10 and 5).

2. European Convention on Human Rights

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first explains the background and rationale for the formation of the European Convention on Human Rights (ECHR), tracing its roots to the Council of Europe that was formed in 1949 and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) established a year later. It then looks at the different kinds of human rights embedded in the ECHR, including the right to life, right to a fair trial, freedom of expression, right to property, and right to free elections. The chapter also provides an overview of the European Court of Human Rights (ECtHR), along with the major changes made to its complaints system and how it interprets the Convention rights. Finally, it considers the ECtHR’s use of proportionality and margin of appreciation doctrines to find the balance between the rights of the individual and the community when deciding upon qualified rights.

6. Right to family and private life

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the right to family and private life, which is considered a qualified right. It discusses Article 8, which has been developed to expand protection of the European Convention on Human Rights (ECHR) through wide definitions and use of positive obligations. It also considers the European Court of Human Rights’ (ECtHR) definition of private life and application of the living instrument principle to include areas such as sexuality and the environment. In addition, the chapter explains the use of the proportionality and margin of appreciation doctrines when examining the justification of an interference with the right to family and private life, and finally, looks at the development of the right to privacy in the UK via the Human Rights Act 1998 (HRA).

4. Right to life and freedom from ill-treatment

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the right to life and freedom from ill-treatment, considered the two most fundamental human rights premised on the idea of the inherent dignity of human beings. The chapter examines the right to life as elucidated in Article 2 of the European Convention on Human Rights (ECHR), along with the ECHR’s positive obligations. It also highlights exceptions in Article 2(2) and the European Court of Human Rights’ (ECtHR) adjudication on controversial issues as to when life begins and ends, including abortion, the right to die, and the death penalty. The chapter then examines Article 3 and the interpretation of the Article by the ECtHR. In addition, the chapter looks at the UK’s approach to freedom from ill-treatment and the right to life, and concludes with a discussion of the scope of Article 3 with regard to freedom from ill-treatment.

10. Terrorism

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on terrorism as a contested concept and the controversy surrounding its definition, along with the debate about the relationship between anti-terror law and human rights. It looks at the issue of compatibility between anti-terror law and human rights in the context of the rule of law and proportionality. The chapter also examines the European Court of Human Rights’ (ECtHR) interpretation of Article 3 of the European Convention on Human Rights (ECHR) as well as the conditions under which states can derogate from the ECHR. Finally, it considers anti-terror law in the UK and the challenges it has faced in the courts.

9. Freedom from discrimination

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom from discrimination, beginning with an overview of equality as a contested concept as well as formal and substantive forms of equality, and then examines the United Nations’ development of specific treaty and charter mechanisms to protect individuals against discrimination. It then discusses Article 14 of the European Convention on Human Rights (ECHR), which gives limited protection against discrimination but has been expanded by the European Court of Human Rights (ECtHR) in its case law and via Protocol 12. Finally, the chapter examines the consolidation and expansion of equality laws in the UK (except for Northern Ireland) under the Equality Act 2010.

5. Right to liberty and right to fair trial

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the right to liberty and fair trial, which are not qualified rights but can be derogated from in times of war and emergency, and provides an overview of the European Convention on Human Rights’ (ECHR) Articles 5 and 6, the most commonly argued rights before the European Court of Human Rights (ECtHR). Article 5 on the right to liberty and security of person protects individuals from unlawful and arbitrary detention, whereas Article 6 protects the rights to fair trial in both criminal and civil cases (with added protection in criminal cases). The ECtHR has expanded protection of Article 6 through its interpretation of ‘fair’ hearing and ‘civil’ rights and obligations. The chapter examines due process rights as part of UK law, including the Human Rights Act 1998 (HRA).

1. Introduction

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter begins with an overview of human rights and how ideas about rights have changed over time, from the intellectual enlightenment of the eighteenth century that emphasised the connection between natural rights and dignity, to the rise of consequentialist philosophers in the nineteenth century who challenged natural rights and insisted on the promotion of a common good or welfare. It then considers the historical development of rights and the emergence of international protection of human rights in the twentieth century as a result of war and atrocity, focusing on the war crime trials and the formation of the United Nations after the Second World War. The chapter also looks at the UN Universal Declaration of Human Rights in 1948 and the creation of treaties as well as regional agreements, before concluding with an assessment of human rights today and categories of rights, along with human rights in the UK.