Convention rights—structure of qualified rights

Produced in partnership with Alexander Campbell of Cornerstone Barristers

Practice notes

Convention rights—structure of qualified rights

Produced in partnership with Alexander Campbell of Cornerstone Barristers

Practice notes

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:

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absolute rights—which cannot be interfered with by the state or derogated from even in a state of emergency
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limited rights—which may be interfered with in certain strict circumstances
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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.

What Convention rights are qualified rights?

Articles of the ECHR considered to be qualified rights are:

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Article 8—the right to respect for private and family life
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Article 9—the right to freedom of thought, conscience and religion
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Article 10—the right to freedom of expression
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Article 11—the right to freedom of assembly and association

When

Alexander Campbell

Barrister, Cornerstone Barristers

Alex is a skilful and experienced barrister whose practice primarily spans issues of public law and property law. Alex’s experience of complex public law issues including human rights, equality issues makes him extremely well-placed to assist clients in litigation across the many fields of law in which these issues arise.

Alex has been praised by judges as an 'excellent’ advocate, for his ‘forensic precision’ in approaching cases and has been described as ‘an expert’ in his fields of practice. He is well-liked by clients for his approachable manner and for his ability to bring clarity to complex cases. He is ranked in Chambers and Partners 2018 and is described as a ‘rising junior with a growing reputation’.

Alex was called to the Bar after an exceptionally strong academic background. Alex holds a law degree from Trinity College, Cambridge and was awarded multiple prizes for his academic performance whilst there. He holds a Master’s degree in French Law from France’s most prestigious law school, l’Université de Paris II – Panthéon-Assas, and a Master’s degree with distinction in public law and human rights from University College London. Alex has been the recipient of a prestigious Pegasus Scholarship under which he spent time working as a barrister in Paris.

Alex writes regularly in legal publications in his areas of practice online, in journals and books.

Jurisdiction(s):

United Kingdom

Key definition:

Public interest definition

What does Public interest mean?

A malleable and complex concept relevant to both privacy and defamation claims which allows for the publication of content on the basis of its contribution to public debate; although it is important to bear in mind that the courts have stated on many occasions that what is 'interesting to the public' on the basis of it being scandalous or newsworthy is not necessarily in the public interest.

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