Brief summaries of all key points to mention when applying ECHR articles 6,8, 10 or 11 in an exam. Includes relevant case examples and provides a framework for answering application questions.
- (against state or state body -s.6 HRA)
- must be sufficiently affected
- can sue against private company by using art 6 and relevant domestic law
part absolute right, part limited right
absolute- has there been an interference with the individuals convention right? if yes there is a
breach
limited - does interference fall within a lawful exception? if not there is a breach
protects citizen against abuse of power by state authorities
however in certain situations rights are waived eg settling using adr
some additional rights have been implies by the EctHR
including the right to not self-incriminate, access to court and equality of arms. these are not
absolute and may be restricted if proportionate/in public interest
art 6 rights [1]
- civil rights and obligations - entitled to fair and public hearing within a reasonable time by an
independent and impartial tribunal, including appeals etc. for this to apply, there must be an
issue of genuine and serious nature
- criminal charge - additional protection offered under 6[2] and [3], the word ‘determination’
has caused issues deciding when a criminal case should start (brown v stott)
- access to court - implied so state may impose procedural restrictions, must have fair and
public hearing for everyone. if right to appeal exists then this applies to appeals too.
restrctions: no vexatious litigants, 3 year limitation period for personal injury claims, judges
have immunity of suit from judicial decisions (Osman v uk)
- fair hearing - not defined but appears to include equality of arms, presumption of innocence
and privilege of self incrimination. if breached, decision is unsafe and discarded (Pinochet)
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