Human Rights - Enforcement of Human Rights Flashcards
who passed the human rights act and when?
The Labour Government in 1998
what were the aims of the act?
to bring rights home to the UK
what is the role of our domestic courts?
to enforce the rights to incorporate
S1:
what does it mean:
examples:
incorporates the articles into UK law.
Part of UK Act made by Parliament.
Human Rights Act 1998.
S2:
what does it mean:
examples:
previous ECtHR decisions taken into account.
judges in domestic courts will follow the previous rulings of the HR courts.
ECtHR make a decision and lower courts must follow it.
S3:
what does it mean:
UK legislation interpreted to follow ECHR.
Any legislation that would lead to a breach is interpreted in a different way that leads to compliance with HR.
S4:
what does it mean:
examples:
Declarations of incompatibility can take place.
This is when the HR articles will go against the judgement of existing UK law.
Bellinger - C transitioned from male to female. Marriage came null. Breach of Article 8.
S6:
what does it mean:
examples:
Public bodies must follow ECHR or actions can be brought.
Government run public bodies have to follow decisions made from ECHR & HR Act.
e.g courts/education/NHS
S7:
what does it mean:
examples:
Proceedings can be brought in court.
Take an individual human rights issue to the UK domestic courts.
Miller v UK
S8:
what does it mean:
examples:
Remedies can be given for a breach of HR.
Damages can be given from UK domestic courts if there has been a breach.
Beggs - received a payout for a breach.
role of the ECtHR:
assess whether there has been a breach due to an interpretation of the articles.
Importance:
- justice and compensation for individual
- independent and impartial
Autonomous:
not bound by any other courts.
criteria to prove:
victim
domestic channels
substantially new
time limits
victim:
must be identifiable.
cannot be done on behalf on anyone else.
cannot be autonomous.
