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Davis: Human Rights Law Directions 2e

Chapter 12

Question 1

  • Consider whether the disciplinary procedure and the exam board procedure involve the determination of a civil right and obligation or a criminal charge (see 12.4-12.6)

  • If they do, is it necessary that the university itself, through its procedures, guarantees this right? (see 12.5.7)

  • If Article 6 is engaged, does it necessarily guarantee to Charles the right to be heard that he wants? (see 12.10)

Question 2

  • Consider the application of Article 6 to prisoner (see 12.6, Criminal Charge)

  • What rights particular rights are provided by Article 6(1) and also 6(2) and 6(3)?  (see 12.9-12.19)

  • Consider the circumstances in which rights to a fair trial can be restricted. (see 12.7 and 12.9-12.19 for examples)

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