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24 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Describe the ruling/scope of the the Handy-side case
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Art 10. freedom of expression restriction is applicable to those that offend, shock or disturb the State or any sector of the population,
States hold a margin of appreciation on this matter |
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What exceptions, of greater or less protection, exist in regards to the freedom of speech
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Political speech (in a public capacity)
1. politicians 2. Artists (to an extent) 3. commercials |
3 catagories
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What limitations exist, and under what conditions?
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Those in Article 10(2)
but must be proportionate to the legitimate aim pursued |
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What extent does commercial advertising enjoy under the Article 10?
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Purely commercial has a wide margin
political can be restricted - due to its bias religious advertising - wide margin, because not to offend peoples 'convictions' |
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- What is the role of the press?
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"the watchdogs of democracy"
limited margin of appreciation Value judgements liable to defamation proceedings statements of facts are not |
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What are the limitations upon the press?
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Stroll v Switzerland
three stages 1. was the governments actions necessary in a democratic society 2. was their a pubic interest 3. did it contribute to the debate (in partial manor?) |
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what is the status of photographs of celebrities in relation to freedom of press (article 10) and right to private life (article 8)?
mention the cas |
Van Hannover,
where they are acting in a public capacity then it is ok but when they are acting, and on, a private capacity it is invasion and where it serves no public interest (states hold a margin of appreciation on this matter) |
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does article 10 protect hate speech?
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no defined term,
but aplies to 10 and 11 and is sad to fall with the ambit of abuse of a right in article 17 Gundez v Turkey (telivision, debate, cult sect not hate speach as it contributed to the public debate) |
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what is the definition of religion?
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conviction or philosophies?
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What are the limitations of freedom of religion?
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where it encroaches upon right enjoyed by others, or state
Refah Partisi v Turkey, (dissolution of religious party) -Turkey is a secular state, |
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what are the three classifications of association under article 11?
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(1) political
(2) trade Unions (3) other -religous is found under art 9 with 11 |
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what protection to political parties gain under article 11?
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high level
-general prohibition of dissolution of political party unless they pose a serious threat (like those listed in 11.2) -again example rafah partisi v Turkey |
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What protection do Trade Unions gain under the convention?
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lower due to economic interest (bias)
but states have a Positive Obligation to protect them there is a wide margin of appreciation with states handeling of unions |
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what other rights are included in article 11?
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wide ranging for public association of sports, clubs ectr
states must justify such limitations over these |
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what are the criteria for assessing a breach of article 11? freedom of assembly
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1. positive obligation to insure the effective enjoyment of the right
2. Negative obligation, must not hinder or unjustly interfere 2. any limitation must be proportional |
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what is define as hate speech?
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what was the context,
how where the words, statements use Jersild - in context of well informed audience, part of the public dabate Surek (no .1) - printing of reader letter, hate speech, Garaudy - |
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what is the status of religious education under art. 9?
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see protocol 1, article 2
freedom of education, and to follow religious conviction also the relates to the parents, and persons choice to follow their conviction and to educate their child accordingly Campbell and Cosans v United Kingdom |
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what is article 9's relation to marriage?
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it may not be relied upon,
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Freedom of belief, and freedom of manifestation of belief,
to what extent are these absolute? |
internal belief is absolute
external expression of the belief may be subject to limitations where it enroachs upons others right or upon a legimate aspect of the state. |
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Does article 9 mean states have to provide prisoners with religious books/clothers/practice of their choosing?
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No, however it should be justifed as being nessecary and proportional in a democratic society
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What about conscientious objectors?
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yes they are protected, they should do service as defined in 4(3)(b)
1. where they are recognised 2. may then perform in lieu of military service |
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if a religion is not recognised by a state, is it still afforded protetion by article 9?
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essentially yes, with as usual the restrictions laid down in article 9.2
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Can assisted suicide fall under article 9, as a beleif?
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No, pretty case court said the overriding factor was the states margin of appreciation
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what status do civil servants hold in respect to private life, and the rights of freedom of ptress
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civil servants unlike politions are protected, they are not deemed to be individually of public interest.
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