The following Public Law practice note Produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:
The rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:
absolute rights—which cannot be interfered with by the state or derogated from even in a state of emergency
limited rights—which may be interfered with in certain strict circumstances
qualified rights—which have to be balanced against the public interest and may therefore be interfered with, subject to a number of conditions set out in the relevant provisions
This Practice Note identifies what qualified rights are, and examines the conditions which need to apply in order for an interference with those rights to be permitted under the ECHR.
Articles of the ECHR considered to be qualified rights are:
Article 8—the right to respect for private and family life
Article 9—the right to freedom of thought, conscience and religion
Article 10—the right to freedom of expression
Article 11—the right to freedom of assembly and association
Articles 8, 9, 10 and 11 contain a breakdown of conditions which must apply in order for an interference with the right concerned to be justified.
In broad terms the conditions are similar for each of these rights, in that they all require any interference to be in accordance with the law and necessary
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