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Human Rights Act 1998 - Coggle Diagram
Human Rights Act 1998
s.6
It is unlawful for a public authority to act(or fail to act) in a way that is not compatible with the rights of the Convention, unless it is authorised to do so by an Act of Parliament
Public Authorities expressly includes courts and tribunals, it also includes anyone whose functions are of a public nature such as the police Government Departments, state schools, local authorities.
In Rabone v Pennine NHS Trust (2012) the parents of Ms Rabone argued that the Trust's policies violated their daughters Right to Life (Art 2 ECHR). She was a known suicide risk and they should have assessed her, had they done so they could have detained her under the Mental Health Act 1983. The ECtHR unanimously agreed.
s.7
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They can still petition the european court of human rights in Strasbourg if all national remedies have been exhausted
s.3
Interpretive obligation - 'in so far as it is possible to do so' judges must interpret primary and secondary legislation in a way that is not compatible with the convention rights.
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s.4
Declaration of incompatibility - if it is not possible to interpret the law in a way that is compatible with the convention rights the court can issue a 'declaration of incomptability'
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s.10 & s.19
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every Government Bill is required on publication to include a statement from the minister responsible for the bill as to whether in his/her opinion the bill is compatible with the convention rights
s.2
Judges must now 'take into account the judgements, decisions and opinions of the ECtHR. Whilst they aren't strictly binding, judges will take them into account out of respect for the convention
HRA gives effect to the fundamental human rights and freedoms set out in the ECHR. Came into force in October 2000