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14 Cards in this Set
- Front
- Back
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Does Article 2 support the right of an unborn child?
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states margin of appreciation,
X v United kingdom (abortion on health grounds) Vo v France (abortion, doctor not liable for murder) |
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is there a right to die under Article 2?
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Pretty V united kingdom ( no right to die) -margin of appreciate 'public morals'
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what are positive obligations of a state (mention 3 case law examples) what is the critiera
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1. Authorities must know (or have reasonable suspition)
2. The risk must be real, LCB case - protect, and to takes measures to safeguards (lukiama from asbestos?) Oneryildiz - regulatory safeguards (in respect to employers, thus horrizantal) McCann - IRA killing in spain, was it neccessary, proportional and measure of last resort? (three criteria, duty to refrain from unlawful killling, 2. duty to investigate suspiciouse daeth, 3. positive measure to prevent |
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what is defined as torture?
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1. mimimum level of severity (saadi case)
2. must be intentional (askoy v Turkey) |
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Define Inhumane treatment?
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Ireland v uk
1. duration, 2 physical/mental effects, and subjective (age sex) of victim, |
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Define Degrading treatment?
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discrimination,
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do Article 3+8 give rise to the right to die
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See pretty V United Kingdom, states margin of appreciation
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Can states re-instate the death penalty?
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No, Protocol 6 if ratified prohibits in peacetime this
those who haven't under 2(1) may do so protocol 13 abolish's all together |
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Can country A where the death penalty is prohbited (prot 6 rat) extridite some to country B where it is not
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No, see Soerring v UK,
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what abou where person would face what country would define as torture in country B?
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again no, see Jabari (Iran)
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what is the current status of the death penalty under the ECHR
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prohibited by means of Article 13
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Define Forced labour?
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EU convention on trafficking,
Rentsev V Cyprus case 1. obligation of legal framework 2. suspicion , duty to protect 3. procedurally on suspicion duty to investigate (+ remedy art. 13) |
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what is the states responsibility persons under its effective control? in regards to the death penalty
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Al-sadoon v United Kingdom case, iraq transfer of prisoner to iraqi's where they would face hanging if found guilty ECHtR ruled that his would be inhumane
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what are the two positive obligations of a state under article 3?
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1. l effective deterance
2. effective investigation/prosicution |
