Human Rights Act 1998

Summary

The Human Rights Act 1998 incorporates the rights contained in the European Convention on Human Rights (ECHR) into UK domestic law. It enables individuals to enforce their Convention rights directly in UK courts, rather than having to go to the European Court of Human Rights in Strasbourg. The Act requires all public authorities to act compatibly with Convention rights and requires courts to interpret legislation, so far as possible, in a way compatible with those rights.

Key Points

• Convention rights are directly enforceable in UK courts (s.7)
• Courts must interpret legislation compatibly with Convention rights so far as possible (s.3)
• Courts can issue a declaration of incompatibility if primary legislation cannot be read compatibly (s.4)
• Public authorities must act compatibly with Convention rights (s.6)
• Key rights include: right to life (Art 2), prohibition of torture (Art 3), right to liberty (Art 5), fair trial (Art 6), respect for private life (Art 8), freedom of expression (Art 10), prohibition of discrimination (Art 14)
• Remedies include damages, injunctions, and declarations (s.8)
• Convention rights have effect in domestic law (s.1)
• Courts must interpret legislation compatibly with Convention rights (s.3)
• Higher courts may make declarations of incompatibility (s.4)
• Unlawful for public authorities to act incompatibly with Convention rights (s.6)
• Individuals can bring proceedings against public authorities (s.7)
• Right to damages and other relief (s.8)

Parts & Sections

Amendments History