The Human Rights Act & ECHR Flashcards
What is the HRA 1998?
The Human Rights Act 1998 sets out the fundamental rights and freedoms that everyone in the UK is entitled to. It incorporates the rights set out in the European Convention on Human Rights (ECHR) into domestic British law. The Human Rights Act came into force in the UK in October 2000.
Why does the HRA 1998 mean ECHR case law impacts UK courts?
The European Court of Human Rights is set up under an international treaty; the ECHR or the European Convention of Human Rights.
The HRA 1998 awarded every citizens ‘convention rights’ These rights can be enforced in our national courts (Under the Human Rights act 1998.
The convention gives a citizen of a signatory state the right to appeal to the court of human rights for an order for compensation on grounds that there’s been a breach of the state of the convention either directly or indirectly; however its a procedure that’s both expensive and lengthy.
The UK government usually heeds judgments from the European Court of Human rights attentively because sections (2) and (3) of the HRA states that whilst the courts are not bound by only reaching judgements or decisions which are in line/ compatible with convention rights, they should do so in all cases where it is possible and appropriate. Therefore the ECHR and Convention rights formed under the Human Rights Act 1998 does have a key influence and form a major part of our case law within the UK.
How does the ECHR impact UK domestic legislation and the courts?
Section 2 of the HRA states that; A court or tribunal determining a question which has arisen in connection with a Convention right must take into account any—
(a)judgment, decision, declaration or advisory opinion of the European Court of Human Rights,
(b)opinion of the Commission given in a report adopted under Article 31 of the Convention,
(c)decision of the Commission in connection with Article 26 or 27(2) of the Convention, or
(d) decision of the Committee of Ministers taken under Article 46 of the Convention
(The fact that a court or tribunal determining a case which has a connection to a convention right, must consider whether here judgment would be in line with the opinion of the ECHR and specific articles of the Convention of Human Rights).
Section 3 states that; So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.
(In practice it means that Parliament will nearly always make sure that new laws are compatible with the rights set out in the European Convention on Human Rights (although ultimately Parliament is sovereign and can pass laws which are incompatible). The courts will also, where possible, interpret laws in a way which is compatible with Convention rights otherwise they need to issue a declaration of incompatibility).
State some of the key rights under the HRA 1998
Article 2: Right to life
Article 3: Freedom from torture and inhuman or degrading treatment
Article 4: Freedom from slavery and forced labour
Article 5: Right to liberty and security
Article 6: Right to a fair trial
Article 7: No punishment without law
Article 8: Respect for your private and family life, home and correspondence
Article 9: Freedom of thought, belief and religion
Article 10: Freedom of expression
Article 11: Freedom of assembly and association
Article 12: Right to marry and start a family
Article 14: Protection from discrimination in respect of these rights and freedoms
Protocol 1, Article 1: Right to peaceful enjoyment of your property
Protocol 1, Article 2: Right to education
