Human Rights Law: Master the European Convention on Human Rights

Question 1

The concept of 'margin of appreciation' under the ECHR refers to:

Accepted Answer

The deference given to national authorities in interpreting and implementing the Convention, subject to certain limits

Answer

The obligation of states to provide remedies for violations of the Convention

Answer

The power of the European Court of Human Rights to issue binding interpretations of the Convention

Answer

The absolute priority of human rights over all other interests

Question 2

The Human Rights Act 1998 (UK) had which effect?

Accepted Answer

Incorporated the ECHR into domestic law, making it directly enforceable in UK courts

Answer

Established a standalone Bill of Rights independent of the ECHR

Answer

Declared an intent to comply with the ECHR but without creating legal enforceability

Answer

Established a constitutional court to adjudicate human rights disputes

Question 3

The European Court of Human Rights is:

Accepted Answer

A regional court with jurisdiction over all Council of Europe member states

Answer

An international court with universal jurisdiction over all human rights violations

Answer

A domestic court within the UK that interprets and applies the ECHR

Answer

A political body that makes recommendations on human rights issues

Question 4

Which of the following fundamental rights or freedoms is NOT protected by the European Convention on Human Rights (ECHR)?

Accepted Answer

Right to vote

Answer

Right to life

Answer

Right to a fair trial

Answer

Right to property

Question 5

Under which article of the ECHR is the right to freedom of expression primarily protected?

Accepted Answer

Article 10

Answer

Article 8

Answer

Article 9

Answer

Article 11

Question 6

According to Article 2 of the European Convention on Human Rights, which right is protected?

Accepted Answer

Right to life

Answer

Right to a fair trial

Answer

Freedom of expression

Answer

Right to vote

Question 7

In the leading case of Bank Mellat v HM Treasury, what did the UK Supreme Court determine about the relationship between the European Convention on Human Rights and UK law?

Accepted Answer

The European Convention on Human Rights is not directly enforceable in UK law, but it can be considered by UK courts when interpreting domestic legislation.

Answer

The European Convention on Human Rights is directly enforceable in UK law.

Answer

The European Convention on Human Rights is not binding on the UK.

Answer

The Human Rights Act 1998 is unconstitutional.

Question 8

What is the primary role of the European Court of Human Rights?

Accepted Answer

To interpret the European Convention on Human Rights and to adjudicate alleged violations.

Answer

To enforce the European Convention on Human Rights in national courts.

Answer

To make binding recommendations to national governments on improving their human rights compliance.

Answer

To provide legal aid to victims of human rights violations.

Question 9

How does Article 14 (Non-Discrimination) of the European Convention on Human Rights (ECHR) contribute to the overall protection of human rights under the Convention?

Accepted Answer

Article 14 ensures that all ECHR provisions must be applied without discrimination.

Answer

Article 14 only applies to a limited number of rights under the ECHR.

Answer

Article 14 has no significant impact on the interpretation or application of other ECHR provisions.

Question 10

Which of the following is NOT a right protected by the European Convention on Human Rights?

Accepted Answer

Right to education

Answer

Right to a fair trial

Answer

Right to freedom of speech

Answer

Right to own property

Question 11

What is the role of the European Court of Human Rights in relation to the implementation of the Convention?

Accepted Answer

To interpret the Convention and adjudicate on alleged violations

Answer

To enforce the Convention within member states

Answer

To create new human rights law

Question 12

Which of the following is a key feature of the Human Rights Act 1998?

Accepted Answer

It incorporates the European Convention on Human Rights into UK law

Answer

It establishes a new Supreme Court for human rights cases

Answer

It creates a Human Rights Commission

Question 13

What is the relationship between the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union?

Accepted Answer

The Charter builds upon the Convention and extends its scope to EU institutions

Answer

The Convention takes precedence over the Charter in all cases

Answer

The Charter is only binding on EU member states that have ratified it

Question 14

What is the significance of the margin of appreciation doctrine in human rights law?

Accepted Answer

It enables domestic authorities some leeway in implementing human rights standards based on their specific national circumstances

Answer

It prohibits states from derogating from their human rights obligations

Answer

It requires states to adopt the highest possible human rights standards

Question 15

Which of the following is an example of a positive obligation under the European Convention on Human Rights?

Accepted Answer

To investigate and prevent torture or inhuman treatment

Answer

To protect freedom of assembly

Answer

To refrain from arbitrary detention

Answer

To respect the right to privacy

Question 16

What is the purpose of the Human Rights Council within the United Nations system?

Accepted Answer

To promote and safeguard human rights worldwide

Answer

To interpret and enforce international human rights treaties

Answer

To prosecute war crimes and crimes against humanity

Answer

To provide legal assistance to victims of human rights violations

Question 17

Which of the following is not a characteristic of the European Convention on Human Rights (ECHR)?

Accepted Answer

It is binding on all EU member states

Answer

It establishes the European Court of Human Rights (ECtHR)

Answer

It prohibits discrimination

Answer

It incorporates the right to life

Question 18

The ECtHR has jurisdiction to hear cases from:

Accepted Answer

Individuals and states

Answer

Non-governmental organizations only

Answer

States only

Answer

Individuals only

Question 19

Which of the following is not a fundamental right protected by the ECHR?

Accepted Answer

Right to bear arms

Answer

Right to life

Answer

Right to freedom of expression

Answer

Right to a fair trial

Question 20

The principle of proportionality in human rights law means that:

Accepted Answer

Measures taken to restrict rights must be necessary and proportionate to the aim pursued

Answer

Rights can be restricted indefinitely

Answer

The state has a wide margin of appreciation in determining what is necessary

Question 21

Which case is considered a landmark in the development of the right to privacy under the ECHR?

Accepted Answer

Von Hannover v Germany

Answer

Smith and Grady v United Kingdom

Answer

Pretty v United Kingdom

Answer

Cant v United Kingdom

Question 22

The European Social Charter primarily safeguards:

Accepted Answer

Social and economic rights

Answer

Environmental rights

Answer

Minority rights

Answer

Civil and political rights