Human Rights Act 1998 (Protection of HR) A01 Flashcards
(18 cards)
Pre 2000 the UK was…
bound by the ECHR.
Pre 2000 what couldn’t individuals do
Individuals couldn’t directly rely on the articles in UK court
What did the Labour Government do about this?
wanted to ‘bring rights home’ so passed the HRA in 1988 allowing HR issues to be challenged in domestic courts
s.2
Interpretation of convention right
under s.2 what must UK courts do
must ‘take into account’ previous decisions of the ECtHR human rights where relevant
s.2 - Kay v Lambeth
Conflicting precedent with decision from ECtHR, domestic precedent should be followed
s.3
Interpretation of legislation
s.3 says that domestic legislation should be applied in the UK…
in a way which is compatible with convention rights ‘so far as it is possible to do so’
s.4
Declaration of incompatibility
Bellinger v Bellinger
Decision was incompatible with Article 8 and Article 12 which led to the law being clarified in the Gender Recognition Act 2004
s.4 - A and Ors v SoS
held that an Article 15 derogation in this case was incompatible with Article 4 & 5 which led to the Prevention of Terrorism Act
s.7
proceedings
s.7 says that an individual…
can only make a claim if they have been directly affected by an unlawful act done by a public body
s.7 - core public bodies
govt departments, courts, councils
s.7 - hybrid public bodies
private companies e.g: care homes and social housing
s.8
judicial remedies
s.8 says that if a public body has acted unlawfully..
the courts can provide remedies e.g damages, induction etc.
s.8 - Wainwright v UK
no effective remedy for when claimants were strip searched breached Article 13
