But it can be easy to lose sight of the key points - so I have prepared a hand-out for my Open University W201 students, which reformats the text to highlight what the rights cover - and when States can interfere with them. This is a revision document - so if it is of help to you - or you have friends studying Constitutional & Administrative Law (UK) or Human Rights Law - please feel free to use it, or share this post (Facebook; Twitter; Email - or whatever)
Article 8 – Right to respect for private and family
life
1.
Everyone
has the right to respect for his private and family life, his home and his
correspondence.
2.
There
shall be no interference by a public authority with the exercise of this right
except
- such as is in accordance with the law and
- is necessary in a democratic society in the
interests of national security, public safety or the economic well-being
of the country, for the prevention of disorder or crime, for the
protection of health or morals, or for the protection of the rights and
freedoms of others.
Article 9 – Freedom of thought, conscience and
religion
1.
Everyone
has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief and freedom, either alone or
in community with others and in public or private, to manifest his religion or
belief, in worship, teaching, practice and observance.
2.
Freedom
to manifest one's religion or beliefs shall be subject only
- to such limitations as are prescribed by law
and
- are necessary in a democratic society in the
interests of public safety, for the protection of public order, health
or morals, or for the protection of the rights and freedoms of others.
Article 10 – Freedom of expression
1.
Everyone
has the right to freedom of expression. This right shall include freedom to
hold opinions and to receive and impart information and ideas without
interference by public authority and regardless of frontiers. This
article shall not prevent States from requiring the licensing of broadcasting,
television or cinema enterprises.
2.
The
exercise of these freedoms, since it carries with it duties and
responsibilities, may be subject to
- such formalities, conditions, restrictions
or penalties as are prescribed by law and
- are necessary in a democratic society, in
the interests of national security, territorial integrity or public
safety, for the prevention of disorder or crime, for the protection of
health or morals, for the protection of the reputation or rights of
others, for preventing the disclosure of information received in
confidence, or for maintaining the authority and impartiality of the
judiciary.
Article 11 – Freedom of assembly and association
1.
Everyone
has the right to freedom of peaceful assembly and to freedom of association
with others, including the right to form and to join trade unions for the
protection of his interests.
2.
No
restrictions shall be placed on the exercise of these rights other than
- such as are prescribed by law and
- are necessary in a democratic society in the
interests of national security or public safety, for the prevention of
disorder or crime, for the protection of health or morals or for the
protection of the rights and freedoms of others. This article shall not prevent the imposition
of lawful restrictions on the exercise of these rights by members of the
armed forces, of the police or of the administration of the State.
·
Do not
forget the principle of proportionality – R (on the application of Daly) v Home
Secretary [2001] 2 AC 532
o
Is the
legislative objective sufficiently important to justify limiting a
fundamental right?
o
Are the
measures taken rationally connected to this objective?
o
Are the
measures taken no more than is necessary to accomplish this objective?
