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human rights
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1st year law llb lecture notes from myself a student at city university of london who obtained a First in my exams revising from these notes
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Human rightsHuman rights are philosophical things which should be respected by society and the state which
everyone has.
Armani da Silva v The United Kingdom European Court of Human Rights 2016- case brought by
cousin re the killing of innocent Jean Charles de Menes by police at Stockwell tube staton as they
believed he was a suicide bomber. Ofcers were not prosecuted. Court found no violaton of artcle 2
right to life.
Sources of human rights law
Council of Europe (not EU) treatess
European Conventon on Human Rights and Fundamental Freedoms 1950 (ECHR)
European Court of Human Rights (ECtHR)
The UK ratied the ECHR in 1951, allowed individual petton to the European Court of Human Rights
in 1966.
Human Rights Act 1998 allows individuals to rely directly on the ECHR in the UK courts.
Other UK law relevant to human rights e.g Terrorism Acts; other European and internatonal treates
Law commission reports; draf criminal code.
EU law and its relevance
Maastricht treaty included criminal law as a mater of intergovernmental cooperaton. E.g
cooperaton on ightng terrorism, human trafcking, corrupton and other organised crimes.
Evidence and procedure e.g European arrest warrant. Lisbon treaty artcle 82.
Human Rights Act 1998
S.1 HRA incorporates ECHR rights into domestc law. Allows citiens to rely on ECHR rights and
libertes directly in UK courts. Individuals can apply to ECtHR once domestc remedies are exhausted.
New legislaton including criminal law re=uires a government minister to make a statement of
compatbility with the ECHR. State also has a positve obligaton to protect citiens from
infringement of rights by state and others e.g through criminaliiing infringements (e.g hate crimes)
Public authorites included. Courts must not act in a way that is incompatble with the ECHR rights
e,g must investgate efectvely, provide remedies, fair and proper procedures, reviews.
Domestc courts at all levels must as far as is possible interpret domestc legislaton to give efect to
ECHR rights.
Artcle 2 Right to life
1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life
intentonally save in the executon of a sentence of a court following his convicton of a
crime for which this penalty is provided by law.
2. Deprivaton of life shall not be regarded as inflicted in contraventon of this artcle when it
results from the use of force which is no more than absolutely necessarys
a) In defence of any person from unlawful violence
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