LAW_22347: Human Rights, ECHR Case Study and Legal Analysis

This report provides a detailed analysis of a human rights case involving Amanda, Becky, and Claire within the jurisdiction of Kazakia, a High Contracting Party to the European Convention on Human Rights (ECHR). The case involves a series of events, including threats, property damage, and ultimately, the death of Amanda. The report examines the potential violations of the ECHR, specifically focusing on Articles 2 (right to life), 7 (no punishment without law), and 8 (right to respect for private and family life). The analysis considers the actions of the police, the legal arguments that could be made by Amanda's family, and the application of relevant case law, such as McCann and Others v The United Kingdom and Goodwin & I v. United Kingdom, to determine if there were any breaches of the ECHR. The report concludes with an overview of the legal considerations and potential outcomes of the case, highlighting the importance of human rights protections.

Running Head: Human Rights
Human Rights
European Convention on Human Rights

Human Rights
Table of Contents
Introduction................................................................................................................................2
Question 1..................................................................................................................................2
Question 2..................................................................................................................................3
Question 3..................................................................................................................................5
Conclusion..................................................................................................................................7
Bibliography...............................................................................................................................7
Primary Sources.....................................................................................................................7
Secondary Sources.................................................................................................................8
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Human Rights
Introduction
Human rights are basic rights and freedom which is enjoyed by everyone around the globe.
The implementation of Human rights is pervasive in nature and is applicable everywhere.
Human rights forfeited but sometimes they are restrictive in nature and mainly the law
protects them1. Human rights must be recognized as universal, inalienable, indivisible and
interdependent. Apart from being a part of law, human rights are part of routine experience.
When the Second World War ended, the aftermath resulted in large number of cases in which
people were treated brutally and were part of inhumane torture. To resolve this problem,
some of the nation met and agreed on terms, which resulted in the birth of Council of Europe
in 1949. These countries came together because they had a feeling that the United Nation was
not effective in the prevention of human rights. In 1950, its name was changed to European
Convention on Human Rights. It safeguards human beings and their rights and deal with
other organization. In the common law regime of United Kingdom, there is enough protection
of human rights.2
Question 1
European Convention on Human Rights’ Article 2 clarifies-
1. Law will provide protection to life of every citizen. No one will be prevented from
securing his/her life peacefully except when court gives him death sentence for crime
committed by him as per law.
2. According to this article, no one can be deprived of his/her life forcefully except in cases
where use of force is necessary:
(a) With respects to anyone illegal brutality;
(b) So as to affect an authentic apprehension and to keep departure of an individual
legitimately;
(c) legally action taken to tackle the riot or revolt3."
1 What are human rights?, (Amnesty International, 2017) < https://www.amnesty.org.uk/what-are-human-
rights> accessed on 3 April 2019
2 Human Rights and Law, (Open Learn,2018)< https://www.open.edu/openlearn/society-politics-law/human-
rights-and-law/content-section-3.2> accessed on 3 April 2019
3 Article 2 of the Convention,, (Guide on Article 2 of the European Convention on Human Right, 2018)<
https://www.echr.coe.int/Documents/Guide_Art_2_ENG.pdf> accessed on 3 April 2019
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Human Rights
This infers that Government cannot attempt to take life. It additionally infers that the
Government can take suitable steps in protection of life by implementing rules to guarantee,
specific conditions, by figuring out how to verify a person if his life is in threat. Public
officials have privilege when settling on conclusions that may put in risk or that effect the
future. In case a person from family passes on in conditions that incorporate the state, may
save the benefit to an examination. The courts have chosen that the privilege to life does
exclude right to die.
In this case, Amanda’s family can argue on the basis on Article 2 of the European
Convention on Human Rights because according to article, Amanda’s life should have been
protected and she should not have deprived of her life but her death has been a violation of
the said Article. The state has failed in the proper implementation of criminal laws. In the
given facts, the police ignored the call by Amanda when Becky threatens her by saying that it
is a domestic matter. Police is a part of the state functionary so the state has failed to perform
its duty.
In the case, McCann and Others v The United Kingdom4, European Court of Human Rights
said that to the understanding of Article 2 must be guided by the way that the objective of the
Convention as an instrument for the assurance of individual people necessitates. Its
arrangements must be deciphered and connected in order to make its protections useful and
successful5. The issue in the case of Amanda is quite similar as the state has failed to give
protection to Amanda and this resulted in her death. If the police would have taken the
appropriate steps when Amanda called then she could have been saved. The family of
Amanda will be successful in filing the application under Article 2 of the said convention.
Question 2
According to Article 7 of the European Convention on Human Rights-
4 McCann and Others v. The United Kingdom, Application No. 18984/91
5 Interpretation of Article 2 (Guide on Article 2 of the European Convention on Human Right, 2018)<
https://www.echr.coe.int/Documents/Guide_Art_2_ENG.pdf> accessed on 3 April 2019
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Human Rights
Not a single person can be made blameworthy of any crime by prudence of an act or breach
of duty of care that did not compromise a criminal offense under law when it was executed.
There cannot be enforcement of heavier punishment than that was material when the crime
was done. Article 7 will not tend the preliminary and discipline of any individual for arbitrary
exhibit demonstration or oversight when it is finished and criminal as shown by the common
measures of the law seen by enlightened countries6.
Article 7 ECHR contains two sections; the first articulates the rule 'nullum crimen, nulla
poena sine lege' (no crime without law7). This Latin phrase means forbidding criminal
condemning without a genuine reason. Moreover, it contains the standard that criminal laws
must be enough clear and accurate enough so that individuals can discover which lead sets up
a criminal offense and to foresee the results of an offense. The second sentence of the
principal section provides that the discipline to criminal lead must not be disturbed in future.
The assent dispensed for a criminal offense should not be more genuine than given by law
when the offenses were executed. The second passage was incorporated to clear up that
arraignment of war violations submitted amid of the Second World War was not conflicting
the Convention8. This article can be précised as-
(i) Crimes must be clear and transparent in law so that the people get to know that
they are breaking the law.
(ii) A person will only be guilty of the crime if there is a law against it at the time of
commitment.
(iii) A person should only be given a penalty which was applicable when the person
did the crime.
The ‘principle of legality’ has been part of English common law for decades. In 1651,
Thomas Hobbes wrote: “No law made after the fact done, can make it a crime”9. The
6 Article 7, (The European Convention on Human Rights, 2010)<
https://www.jus.uio.no/lm/coe.convention.on.human.rights.1950.and.protocols.to.1966/7.html> accessed on 3
April 2019
7 Nullum crimen sine lege, (Cornell Law School,
2019)<https://www.law.cornell.edu/wex/nullum_crimen_sine_lege> accessed on 3 April 2019
8 Article 7 ECHR – no punishment without law, (echr-online, 2019)< http://echr-online.info/artikel-7-echr/>
accessed on 3 April 2019
9 Chapter XXVII — Of Crimes, Excuses, and Extenuations, (Leviathan, 2019)< http://www.philosophy-
index.com/hobbes/leviathan/27-of-crimes.php> accessed on 3 April 2019
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principle of “no influence without law” helped in evolution of the Universal Declaration of
Human Rights.
In Claire’s situation, there is no violation of Article 7 clearly, because in the state of Kazakia,
failing to render assistance is an offence. Claire did not help Amanda when Becky attacked
her and hence she was charged with the offence. It is quite clear that she failed to render the
assistance but it should be noted that the last incident regarding this kind of offence was in
1935 when police officers were used to be prosecuted in extrajudicial killings of suspects.
Law changes and evolves with the time and it can very well confer that from 1935 to 2019
many things have changed. In Lukanav v. Bulgaria10, European Court of Human Rights point
out that this article only applies only where the person is found guilty of committing a
criminal offence11. Relying on this judgment, Claire can claim based on Article 7 that she was
not the person who killed Amanda rather it was Becky and she should be held liable under
the said Article.
Question 3
Article 8 of the European Convention on Human Rights ensures that a person’s entitlement
with regard for their personal life. Article 8 is a correct that is worried about a person's have
to live and create in a social situation and to keep up associations with others. The Human
Rights Act 1998 cherishes it in United Kingdom’s law12.
The courts and tribunals have deciphered the rule of privacy all around widely. It wrap things
such as qualification for deciding sexual orientation, a way of living, and way in which an
individual look and dress. It consolidates qualification to control who sees and controls the
body. The concept of private life in like manner covers qualification to expand upon possess
identity and to fabricate family relationships and distinctive associations. This fuses a benefit
to look into key budgetary, social and entertainment works out. In specific conditions, open
specialists may need to empower to benefit as much as possible from qualification to private
10 Lukanov v. Bulgaria, Application No. 21915/93
11 The concept of “finding of guilt”, (Guide on Article 7 of the European Convention on Human Rights, 2018)<
https://www.echr.coe.int/Documents/Guide_Art_7_ENG.pdf> accessed on 3 April 2019
12 Article 8 – The Right to Respect For Private and Family Life, (Children’s Legal Centre,2017)<
https://www.childrenslegalcentre.com/resources/article-8/> accessed on 3 April 2019
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life, including the ability to check out the open field. This right suggests the media and others
can be kept from interfering into lives of people. It similarly infers that personal data must be
kept safe and should not be share without assent, besides in some situations. Family life
incorporates the connection among an unmarried couple, a child who has been adopted and
the parent who adopted, and foster parent and child13. Key aspects of personal autonomy that
are protected are private life, family life, home, correspondence14.
There is clear a violation of Article 8 by Daz in his newspaper articles he investigated
Becky’s personal life including her family, her history in school and the background of her
employment. All these were done without her consent. Daz violated all the criteria of Article
8. Right to private life grasps individual’s self-rule, the privilege to settle on decision without
the intrusion of the state. A private life incorporates physical and mental integrity of an
individual, sexual orientation, gender, names, photographs and others. In Goodwin & I v.
United Kingdom15, the European Court of Human Rights examined problems with the
transsexual people in association with their right of privacy. This judgment was landmark for
transsexual people, a community of people which was never seen in the law of the United
Kingdom as:
(i) attained gender
(ii) ready to have a birth confirmation revealing increased sexual orientation, and
(iii) choice to marry with person of opposite sexual orientation
The Court held that this could harm right of privacy and getting married. The United
Kingdom’s government afterwards exhibited the Gender Recognition Act 2004, making a
component to empower every one of these things16. In the current case, the court should take
the support of Goodwin’s case and should rule that there was an infringement of privacy of
Becky as her sexual orientation was her choice and she was bullied because of this. She did
13 Article 8: Respect for your private and family life, (Equality and Human Rights Commission, 2018)<
https://www.equalityhumanrights.com/en/human-rights-act/article-8-respect-your-private-and-family-life>
accessed on 3 April 2019
14 Right to Family and Private Life, (Rights Info, 2019)< https://rightsinfo.org/your-rights-infographic/family-
and-privacy/> accessed on 3 April 2019
15 Goodwin v. United Kingdom, Case No. 17488/90
16 Goodwin v The United Kingdom: ECHR 11 July 2002, (Swarb.Co.Uk, 15 November 2018)<
https://swarb.co.uk/goodwin-v-the-united-kingdom-echr-11-jul-2002/> accessed on 3 April 2019
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not want this to be in public. Becky or her family members did not authorize the investigation
done by Daz and it was violating Article 8 of the European Convention on Human Rights.
Conclusion
To conclude, it is right to say that three contemplations come out. To start with, the Court has
unmistakably received an advanced way to deal with the European Convention on Human
Rights as its articles are not intended to be perused as ‘dead letters’ however as 'living
statements' that ought to be adjusted by the present needs and social changes happening
inside of Europe. Second, this strategy is not intended to weaken the consistency of the
Convention or the standard of law that supports the qualities revered in the bargain. Despite
what might be expected, it is proposed to upgrade the Convention's relevance all through the
Council. Without a doubt, human rights standards are not intended to be static. They develop
with the social orders in which they are made and executed. At last, case law is not intended
to be inflexible yet tune in to the necessities and changes of the general population.
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Bibliography
Primary Sources
Cases
McCann and Others v. The United Kingdom, Application No. 18984/91
Lukanov v. Bulgaria, Application No. 21915/93
Goodwin & I v. United Kingdom, Case No. 17488/90
Secondary Sources
Websites
What are human rights? , (Amnesty International UK, 2017) <
https://www.amnesty.org.uk/what-are-human-rights> accessed on 3 April 2019
Human Rights and Law, (Open Learn, 2018) < https://www.open.edu/openlearn/society-
politics-law/human-rights-and-law/content-section-3.2> accessed on 3 April 2019
Article 2 on the Convention, (Guide on Article 2 of the European Convention on Human
Right, 2018) < https://www.echr.coe.int/Documents/Guide_Art_2_ENG.pdf> accessed on 3
April 2019
Interpretation of Article 2, (Guide on Article 2 of the European Convention on Human Right,
2018) < https://www.echr.coe.int/Documents/Guide_Art_2_ENG.pdf> accessed on 3 April
2019
Article 7, (The European Convention on Human Rights, 2010) <
https://www.jus.uio.no/lm/coe.convention.on.human.rights.1950.and.protocols.to.1966/7.htm
l> accessed on 3 April 2019
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Nullum crimen sine lege, (Cornell Law School, 2019)
<https://www.law.cornell.edu/wex/nullum_crimen_sine_lege> accessed on 3 April 2019
Article 7 ECHR – no punishment without law, (echr-online, 2019) < http://echr
online.info/artikel-7-echr/> accessed on 3 April 2019
Chapter XXVII — Of Crimes, Excuses, and Extenuations, (Leviathan, 2019) <
http://www.philosophy-index.com/hobbes/leviathan/27-of-crimes.php> accessed on 3 April
2019
The concept of “finding of guilt”, (Guide on Article 7 of the European Convention on Human
Rights, 2018) < https://www.echr.coe.int/Documents/Guide_Art_7_ENG.pdf> accessed on 3
April 2019
Article 8 – The Right to Respect For Private and Family Life, (Children’s Legal Centre,2017)
< https://www.childrenslegalcentre.com/resources/article-8/> accessed on 3 April 2019
Right to Family and Private Life, (Rights Info, 2019) < https://rightsinfo.org/your-rights-
infographic/family-and-privacy/> accessed on 3 April 2019
Goodwin v The United Kingdom: ECHR 11 July 2002, (Swarb.Co.Uk, 15 November 2018) <
https://swarb.co.uk/goodwin-v-the-united-kingdom-echr-11-jul-2002/> accessed on 3 April
2019
Article 8: Respect for your private and family life, (Equality and Human Rights
Commission,2018) < https://www.equalityhumanrights.com/en/human-rights-act/article-8-
respect-your-private-and-family-life> accessed on 3 April 2019
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