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24 Cards in this Set
- Front
- Back
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Right to life |
Article 2 |
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Prohibition of torture |
Article 3 |
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Right to liberty and security of a person |
Article 5 |
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Right to a fair trial |
Article 6 |
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No punishment without law |
Article 7 |
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Right to respect and family lide |
Article 8 |
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Freedom of thought, conscience and religion |
Article 9 |
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Freedom of expression |
Article 10 |
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Freedom of assembly and association |
Article 11 |
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Right to marry and a famkly |
Article 12 |
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Prohibition of discrimination |
Article 14 |
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Provision by the European court for satisfaction to the injured party |
Article 41 |
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Principle of compatibility: HRA must be compatible with domestic legislation |
Article 3(1) |
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Principle of compatibility: unlawful for a PA to act in a way which is incompatible with the convention rights |
section 6(1) |
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Principle of compatibility: actions a person who claims that a PA has acted in a way which is unlawful can take |
Section 7(1) |
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Principles |
Necessity Justification Balance of interests Proportionality |
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Nobody shall be deprived of their liberty |
Article 5(1) |
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Minor can be detained for educational supervision or his lawful detention for the purpose of bringing him before legal authority |
Article 5(1) (D) |
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One can be detained to prevent spreading infectious diseases, or if they are of unsound mind, alcoholic or drug addicts, or vagrants |
Article 5(1) (e) |
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Secure accommodation order |
Article 44 CHILDREN ORDER 1985 |
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Those deprived of liberty by arrest or detention can take court proceedings |
Article 5(4) |
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There shall be no interference by PA unless necessary in relation to a persons privacy: must be justified |
Article 8(2) |
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PR (a8) |
Mothers Cohabitees Father who lives wit child Court will look into personal ties between a father and child whereby the child does not reside with the father |
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Decision making & care (a8) |
Must involve parents and child Care just be temporary Child’s welfare prevails Balance of interests counselling for vulnerable parents Proportionate decision making |
