Human Rights Act 1998 Flashcards
(23 cards)
What is the main purpose of the Human Rights Act 1998?
To incorporate the European Convention on Human Rights (ECHR) into UK law.
When did the Human Rights Act 1998 come into force?
2 October 2000.
Name three rights protected under the HRA.
Right to life (Art 2), prohibition of torture (Art 3), right to a fair trial (Art 6).
What does Section 2 of the HRA require courts to do?
Take into account judgments of the European Court of Human Rights.
What does Section 3 of the HRA say about interpreting laws?
Laws must be interpreted so far as possible to be compatible with Convention rights.
What is a Declaration of Incompatibility under Section 4?
A court statement that a law is incompatible with human rights, without striking it down.
Who must act in accordance with the HRA under Section 6?
Public authorities (e.g., police, government, schools).
What must a person show to bring a claim under Section 7?
That they are a “victim” of a human rights breach by a public authority.
What happened in Ghaidan v Godin-Mendoza (2004)?
The Rent Act was interpreted under Section 3 to include same-sex couples.
What is one common criticism of the HRA?
It gives too much power to unelected judges (judicial activism).
What is Article 2 of the EHCR?
Right to life
What is Article 3 of the ECHR?
Prohibition of torture
What is Article 6 of the ECHR?
Right to a fair trial
What is Article 8 of the ECHR?
Right to respect for private and family life
What is Article 10 of the ECHR?
Freedom of expression
What is Article 11 of the ECHR?
Freedom of assembly
What is Article 14 of the ECHR?
Prohibition of discrimination
What is section 1 of the HRA 98?
Convention Rights
What is section 2 of the HRA 98?
Interpretation of Convention Rights.
UK courts must take into account judgments from the European Court of Human Rights.
What is section 3 of the HRA 98?
Interpretation of Legislation
Courts must interpret legislation “so far as it is possible” to be compatible with Convention rights.
What is section 4 of the HRA 98?
Declaration of Incompatibility
If a law can’t be read compatibly, a declaration of incompatibility may be issued.
What is section 6 of the HRA 88?
Public Authorities
It’s unlawful for public authorities (e.g., police, councils, schools) to act contrary to Convention rights.
What is section 7 of the HRA 98?
Bringing Proceedings
Individuals can bring a claim in UK courts if they are a “victim” of a rights breach by a public authority.
