Human Rights Act Flashcards
when was the ECHR incorporated into the HRA in the UK?
he European Convention on Human Rights (ECHR) was incorporated into UK law through the Human Rights Act (HRA) 1998.
The HRA received Royal Assent in November 1998. This incorporation allowed individuals in the UK to pursue violations of their Convention rights directly in UK courts, rather than having to take their cases to the European Court of Human Rights in Strasbourg
What is S2 of the HRA?
Section 2: Interpretation of Convention Rights:
Under S2, UK courts must take into account judgments, decisions, and opinions from the European Court of Human Rights (ECHR) when deciding cases involving Convention rights.
This helps ensure that UK law is consistent with the interpretations of human rights as understood in Europe.
What is S3 of the HRA?
Section 3: Interpretation of Legislation
Whenever possible, UK laws must be interpreted in a way that is compatible with the rights set out in the European Convention on Human Rights (ECHR). This means judges should read and give effect to legislation in a manner that respects human rights.
What is S4 of the HRA?
Section 4: Declaration of Incompatibility
If a UK court finds that a piece of legislation cannot be interpreted in a way that is compatible with the ECHR, it can issue a “declaration of incompatibility.” This does not invalidate the law but signals to Parliament that the law should be changed to align with human rights standards. (expanded in S10)
What is S6 of the HRA?
Section 6: Acts of Public Authorities
Public authorities (such as government bodies, the police, and local councils) must act in a way that is compatible with ECHR rights. If they fail to do so, they can be challenged in court.
What is S7 of the HRA?
Section 7: Proceedings
Individuals who believe their ECHR rights have been violated by a public authority can bring a case in UK courts. They must be a “victim” of the unlawful act, meaning directly affected by it.
What is S10 of the HRA?
Section 10: Power to Take Remedial Action
If a law is found to be incompatible with the ECHR and a declaration of incompatibility has been made, the government has the power to make changes (remedial orders) to that law to make it compatible with human rights, without needing to pass new legislation through the usual parliamentary process.
What is S19 of the HRA?
Section 19: Statements of Compatibility
When a new bill is introduced in Parliament, the minister responsible must make a statement indicating whether the bill is compatible with the ECHR.
This ensures that human rights considerations are part of the legislative process from the beginning.
Why are these acts needed?
In summary, these sections collectively ensure that UK laws and public authorities respect and uphold the human rights defined in the European Convention on Human Rights, providing mechanisms for courts to interpret, review, and, if necessary, prompt changes to legislation to protect these rights
Three reasons to Repeal the HRA
Sovereignty:
Some argue that the HRA gives too much power to European institutions, such as the European Court of Human Rights (ECHR), over UK law. Replacing the HRA with a UK-specific Bill of Rights could reclaim legal sovereignty.
National Focus:
Proponents believe a new Bill of Rights could be tailored more closely to British values and legal traditions, providing clearer and more relevant protections for the UK context.
A UK Bill of Rights could limit the influence of European human rights rulings and allow UK courts to interpret rights in a way that fits better with national interests and circumstances.
Three Reasons not to repeal to HRA
Reduction in Rights:
Critics fear that replacing the HRA might lead to weaker protections for human rights. The new Bill of Rights could omit or dilute some of the rights currently protected under the HRA.
Legal Uncertainty:
Repealing the HRA and introducing a new Bill of Rights could create legal uncertainty and instability, as courts, lawyers, and the public adapt to a new framework.
International Standing:
The UK’s commitment to international human rights standards might be questioned, potentially affecting its reputation and relationships with other countries and international bodies.
Describe Articles 2 and 3 of the ECHR
Article 2: Right to Life
Protection of life: Everyone has the right to life. The government must protect people’s lives and take measures to prevent unlawful killing.
Article 3: Prohibition of Torture
Freedom from torture and inhumane treatment: No one should be subjected to torture or to inhuman or degrading treatment or punishment.
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Describe Articles 5 and 6, of the ECHR
Article 5: Right to Liberty and Security
Protection of freedom: Everyone has the right to liberty and security. This means no one can be detained without a lawful reason, and they have the right to challenge their detention.
Article 6: Right to a Fair Trial
Fair legal process: Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal. This includes the right to a lawyer and to defend oneself
Describe Article 10 of the ECHR
Article 10: Freedom of Expression
Free speech: Everyone has the right to express their opinions and ideas without interference. This includes the freedom to receive and share information and ideas.
What is meant by a ‘bill of rights’
In simple terms, a “bill of rights” in UK human rights law refers to a set of fundamental rights and freedoms that are formally written down in a single legal document or statute. It outlines the basic rights and protections that individuals are entitled to within a country’s legal system.
These rights can include things like freedom of speech, the right to a fair trial, and protection from discrimination. A bill of rights serves as a clear and accessible guide for citizens and authorities, ensuring that everyone knows their rights and responsibilities under the law.
