Last amended by Human Rights Act 1998 (Amendment) Order 2020 in 2020. Added Article 1 of the Thirteenth Protocol (abolition of the death penalty in all circumstances) to the list of Convention rights.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
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
2020 — Human Rights Act 1998 (Amendment) Order 2020
Added Article 1 of the Thirteenth Protocol (abolition of the death penalty in all circumstances) to the list of Convention rights.
Frequently asked questions
- What is the main purpose of the Human Rights Act 1998?
- The Human Rights Act 1998 incorporates rights from the European Convention on Human Rights into UK domestic law. This allows individuals to enforce these rights directly in UK courts, rather than needing to take their case to the European Court of Human Rights in Strasbourg. The Act defines specific Convention rights that are protected under this domestic framework.
- What must public authorities do regarding human rights?
- It is unlawful for a public authority to act in a way that is incompatible with a Convention right, unless they are required to do so by primary legislation. The term 'public authority' is broad and includes courts, tribunals, and any person whose functions are of a public nature. This obligation ensures that state bodies respect the rights protected by the Act.
- What happens if a law conflicts with human rights?
- If a court determines that a provision of primary legislation cannot be interpreted compatibly with a Convention right, it may issue a declaration of incompatibility. This declaration does not invalidate the legislation or stop it from being applied. Instead, it signals to Parliament that a change to the law is needed to align it with Convention rights.
- Can I take legal action if a public authority breaches my rights?
- Individuals can bring legal proceedings against a public authority if they believe it has acted unlawfully under the Act. These proceedings must be brought within one year of the act complained of. Alternatively, individuals can rely on Convention rights in any other legal proceedings they are involved in.
- What remedies are available if my rights are breached?
- Courts can grant relief or remedies they consider just and appropriate, including damages, injunctions, and declarations. However, damages can only be awarded by a court that has the specific power to award damages in civil proceedings. The court has discretion to determine the most suitable remedy for the breach.
- Which specific rights are protected under the Act?
- The Act defines Convention rights as Articles 2–12 and 14 of the Convention, Articles 1–3 of the First Protocol, and Article 1 of the Thirteenth Protocol. These include the right to life, prohibition of torture, right to liberty, fair trial, respect for private life, freedom of expression, and prohibition of discrimination.