HRA 1998 Flashcards
(19 cards)
What does Article 9 ECHR protect?
A: Freedom of thought, conscience and religion; including the freedom to manifest one’s religion or beliefs.
Can Article 9 rights be restricted?
A: Yes, under Article 9(2), the manifestation of religion or belief may be subject to limitations that are prescribed by law and necessary in a democratic society for public safety, protection of public order, health or morals, or the rights and freedoms of others.
Who might have violated X’s Article 9 rights?
A: The care home, depending on whether it is a “public authority” or performing “public functions” under s6 HRA 1998.
Why is it important whether the care home is a public authority?
A: Because only public authorities (or those exercising public functions) are directly bound by the HRA under s6.
What is the relevance of YL v Birmingham City Council [2007]?
A: It held that a private care home under contract with a local authority was not a public authority under s6(3)(b), unless Parliament later changes this by law.
Was YL v Birmingham overturned?
A: Yes, Parliament later legislated to ensure that private care providers delivering public functions are bound by the HRA.
What is the purpose of the HRA 1998?
A: To make Convention rights enforceable in UK courts without having to go to Strasbourg (costly & slow), and to comply with the Good Friday Agreement.
What does Section 1 HRA 1998 do?
A: It defines “Convention rights” by reference to the main Articles of the ECHR.
What does Section 2 HRA require courts to do?
A: Take into account relevant Strasbourg jurisprudence.
What is the effect of Section 3 HRA 1998?
A: Courts must interpret legislation, as far as possible, compatibly with Convention rights.
What does Section 4 HRA 1998 allow courts to do?
A: Make a declaration of incompatibility for primary legislation.
What does Section 6 HRA 1998 state?
A: It is unlawful for a public authority to act incompatibly with a Convention right.
What does Section 7 HRA require for a claimant to have standing?
A: The claimant must be a “victim” of an unlawful act, defined as per Article 34 ECHR.
What is the difference between direct and indirect victims under HRA?
A: Direct victims are personally affected; indirect victims, like in Rabone v Pennine, may be excluded unless they meet strict criteria.
What did Re NIHRC [2018] say about public interest litigation and standing?
A: The NIHRC lacked standing as it didn’t represent an individual who was personally affected, despite important policy outcomes.
What are ‘hybrid’ public authorities under s6(3)(b)?
A: Private or semi-private bodies performing public functions (e.g. Poplar Housing, Leonard Cheshire cases).
What factors determine whether a body performs a public function?
A: Public funding, statutory powers, providing a public service, replacing government functions (per Aston Cantlow).
What is the “horizontal effect” of the HRA?
A: HRA mainly applies vertically (state-individual), but courts may indirectly apply rights in private disputes through interpretation or evolving common law.
What were the practical concerns with defining hybrid bodies too broadly?
A: It might deter private providers from participating in public service delivery and create legal uncertainty.
