European Human Rights Law

European human rights law.  SECTION A: EUROPEAN PROTECTION

  1. Can it be said that the European Court of Human Rights and the European

Committee for the Prevention of Torture (the CPT) have a relationship that is

mutually-beneficial insofar as each standard-setting organ has been aware of the

other’s expectations and in turn has built upon these in its own task of

discharging its treaty mandate?


  1. ‘One of the most powerful themes in the case law of the European Court of

Human Rights is the protection against arbitrary application of the law.’ Explain

and critically assess the nature and scope of this protection.


  1. Is this truly now the ‘age of subsidiarity’ in the European Court of Human Rights?


  1. ‘Application of the test of proportionality by the European Court of Human Rights

is a bit like a tap – the Court can regulate its flow depending upon specific

circumstances. This is what lies at the heart of external criticisms that the Court

has become ‘too big for its boots’, especially in respect of areas of policy that fall

within the scope of Article 8.’



  1. Explain what is meant by ‘positive obligations’, and critically assess their

development and impact in advancing the protection of human rights under the

European Convention on Human Rights.





  1. Answer ONE of the following questions based upon domestic law and practice

concerning human rights, drawing upon (where relevant) any European

standards to help your analysis of the topic.

  1. Is the way that Scotland treats its most vulnerable children and young

people who are placed in detention a hidden scandal that society simply

tolerates? if so, is this an area that the legal system and human rights

lawyers in particular can remedy?


  1. How should the law deal with the problem of hate speech and other

displays of intolerance?


  1. Post-Brexit, how can the UK best protect its borders in a human rights-compliant manner?


  1. ‘The recent suggestion from the UK Minister of Justice and others that

reform of the Human Rights Act should extend to requiring the courts to

give more prominence to freedom of expression in any case calling for

balancing free speech with Article 8 rights. This is simply more of the same

from right-of-centre Governments – an unwillingness to recognise that

protection for human dignity in relation to private life is as important an

interest as is democracy as evidenced by systemic undermining of respect

for private life through domestic law and policy.’ Discuss. [Group 4]

  1. Discuss the contention that female detainees in this country area ‘forgotten

category’ of prisoner. How can human rights standard-setting address the

specific needs of this group?


  1. ‘The experience of the Human Rights Act – two decades on – has shown that

the domestic judiciary has not abused the additional authority entrusted to it,

despite what the UK Government considers. Indeed, the judiciary has proved

remarkably restrained.’ Do you agree?