Question 1

The 'rights' within the ECHR are contained within Articles 2-18 plus some optional protocols. Of the core 'rights' which Article has not been included in the Human Rights Act 1998?

Accepted Answer

Article 13 of the European Convention on Human Rights (ECHR), which provides for the right to an effective remedy, has not been incorporated into the Human Rights Act 1998 of the UK. This means that while the Act incorporates many of the rights from the ECHR, it does not explicitly include the provisions of Article 13.

Question 2

The Human Rights Act 1998 binds both public and private bodies.

Accepted Answer

The Human Rights Act 1998 primarily binds public bodies and certain entities performing public functions, but it does not directly bind private bodies unless they are performing public functions.

Question 3

Which section of the HRA 1998 requires a public authority to act in a way compatible to the Convention?

Accepted Answer

Section 6 of the Human Rights Act 1998 requires public authorities to act in a way that is compatible with the rights set out in the European Convention on Human Rights, unless an Act of Parliament prevents them from doing so.

Question 4

The Human Rights Act 1998 applies only to 'acts' that are incompatible with the ECHR and not omissions.

Accepted Answer

The Human Rights Act 1998 applies to both acts and omissions that are incompatible with the European Convention on Human Rights (ECHR), as public authorities are required not only to refrain from acting in ways that violate the rights protected under the ECHR but also to take certain actions to protect those rights.

Question 5

Which of the following articles are traditionally considered to be 'qualified' rights?

Accepted Answer

Articles 8 (right to respect for private and family life) and 11 (freedom of assembly and association) of the European Convention on Human Rights are considered 'qualified' rights. This means that the state can interfere with these rights under certain conditions, such as when it is in the interest of national security, public safety, or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Question 6

Section _ sets out how the Act can be used in proceedings.

Accepted Answer

The answer of Section _ sets out how the Act...

Question 7

A declaration of incompatibility has no impact on the legality of the statutory provision in question.

Accepted Answer

A declaration of incompatibility under the Human Rights Act 1998 does not affect the validity of the legislation; the law remains in force until amended or repealed by Parliament.

Question 8

Which of the following is considered to be an 'absolute' right?

Accepted Answer

Article 2 of the European Convention on Human Rights, which concerns the right to life, is considered an absolute right. This means it holds under all circumstances, without exceptions.

Question 9

Article 2 ("Everyone's right to life shall be protected by law") provides the right to an effective investigation in respect of a death, not just the right not to be killed by the State.

Accepted Answer

Article 2 of the European Convention on Human Rights, while primarily aimed at protecting the right to life and preventing arbitrary loss of life, has been interpreted by the European Court of Human Rights to also require states to conduct effective investigations into deaths to ensure accountability and uphold the protections of the right to life.

Question 10

Which article deals with, inter alia, detention following arrest and bail?

Accepted Answer

Article 5 of the European Convention on Human Rights deals with the right to liberty and security, including provisions on detention following arrest and the right to bail.

Question 11

Article 6 applies only to criminal trials.

Accepted Answer

Article 6 of the European Convention on Human Rights provides for the right to a fair trial and applies to both criminal and civil proceedings.

Question 12

Article 8(1) says, "Everyone has the right to respect for his private and ______ life, his home and his correspondence".

Accepted Answer

The answer of Article 8(1) says, "Everyone has the right...

Question 13

Which Article contains the right to freedom of expression?

Accepted Answer

Article 10 of the European Convention on Human Rights provides the right to freedom of expression.

Question 14

Article __ provides that, "nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in activity...aimed at the destruction of any of the rights...set for herein...".

Accepted Answer

The answer of Article __ provides that, "nothing in this...

Quiz 4: Human Rights Act 1998