4 The to life in English law: criminal and civil liability obligations of the State to protect life and investigate death. Identify and explain the criminal and civil rules of English law relating to the prevention of death. Analyse the extent of the State’s obligations to protect life and investigate death. Discuss instances when the right to life conflicts with the practices of some societies (contraception, abortion, death penalty). Find a story (perhaps an opinion piece or an account of someone’s experiences) and consider the issues raised. 5 The right to liberty and security: Article 5 justified deprivations of liberty additional requirements necessary to justify deprivation of liberty. Explain the scope of Article 5. Describe and illustrate the circumstances in which liberty can be removed. Analyse the extent of the additional protections in Article 5. Explore remedies available to a claimant. Draw-up a table illustrating the key court decisions relating to Article 5. 6 The right to liberty and security – provisions in English law to protect liberty Identify how English law protects the liberty and security of a person. Examine the role of the courts and of civil remedies in protecting liberty. Consider how the Convention and English provisions interact with one another. Look at provisions relating to police powers and consider how they reflect Article 5. 7 The right to privacy: Article 8 the State’s obligations and duties. Explain the nature of Article 8. Analyse and illustrate the meaning of private life, family life, home and correspondence. Go onto the following to investigate Article 8. You can also use this website to look at other Articles. Discuss issues relating to ‘private life’, such as gender and personal information. Find a media story where someone’s privacy has been breached. Consider the issues raised by the story.
8 The right to privacy: restrictions contained in Article 8.2 provisions in English law. Identify and explain when the right in Article 8 can be restricted. Explain the criminal and civil protections in English law. Look at the following case: R (T) v HM Senior Coroner [2017] – D gave birth to a baby girl. 10 days after the birth T attended her local A&E with a shoebox containing the body of the baby. It was clear that death had occurred sometime before. T alleged to the police that she had been raped. This turned out to be untrue. One issue regarding the subsequent inquest was whether T was entitled to anonymity under Articles 2 and 8. Consider the difference between informational privacy and physical privacy. Consider the approach of English law to issues impacting on privacy, such as euthanasia and surveillance. 9 The right to freedom of expression: Article 10 opinions and information. Explain the scope of Article 10. Analyse the State’s obligations relating to opinions and to receiving and communicating information and ideas. Consider the role of the law in regulating media coverage of celebrities and their private lives. Consider the extent to which national security should be allowed to prevent a person from publishing material. 10 The right to freedom of expression: restrictions contained in Article 10.2 provisions in English law. Identify and explain the circumstances in which the right defined in Article 10 can be restricted. Discuss English provisions which impact on freedom of expression, such as defamation. Given the rules on defamation: can you publish what is true or
Analyse the extent to which English civil and criminal law protect freedom of expression. only what you can prove to be true? 11 The right to association: Article 11 peaceful assembly and freedom of association. Explain the scope of Article 11. Analyse and illustrate the State’s obligations to protect assembly and association. Consider the circumstances in which the state can proscribe a political party or other organisation. Construct a list of organisations that might be affected by these provisions. 12 The right to association: restrictions contained in Article 11.2 provisions in English law. Identify and explain when the right in Article 11 can be restricted. Explain and illustrate the English civil and criminal provisions which impact on assembly and association. Consider police powers in statute law. Consider the role of the common law in this area. 13 Enforcement of human rights: claims before the European of Human Rights claims before domestic courts the role of judicial review. Describe the process for bringing an action to enforce human rights. Identify and analyse remedies for claimants and enforcement against states. Link the material on judicial review to elements of the English legal system, such as statutory interpretation and the court system. Link this topic to the material on balancing conflicting interests in the English legal system.