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Davis: Human Rights Law Directions 2e

Chapter 2

Question 1

  • Consider the rise and expansion of the Court of Human Rights. (2.6)

  • Consider the main rights and freedoms in the Convention. Do they embody more than or less than the fundamental entitlements of women and men? (2.4, including 2.4.5; see also Chapter 1, 1.4)

  • Does the Convention enhance democracy or restrict it? (2.6; see also Chapter 1, 1.3)

Question 2

  • Generally: consider the rules relating to admissibility. (2.8.1)

  • (a) Note the new principle of admissibility involving seriousness of impact introduced under Protocol 14. (2.9)

  • (b) Has the United Kingdom accepted obligations in respect of the Convention rights in question, Article 8 (privacy) and Protocol 4 (freedom of movement)? (See chapter 4 or research the matter using the Council of Europe Web site)

  • (c) Does the Court of Human Rights still require domestic remedies to be exhausted even if national law is clear? (2.8.1.1)

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