S.1 HRA sets us which Convention rights are given further effect by the HRA - this includes the Right to Life - Article 3, the Right to Liberty - Article 5. The HRA was introduced by the Labour Government to “bring rights home, to place human rights at the heart of the legal system”. We now have positive rights, before the HRA we had negative rights, we could do anything unless the law prohibited it.

S.10:
Remedial order - fast track procedure available in Parliament to amend the law.

S.19:
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. This makes the job of the judge much easier.

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 etc. 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. She went to the doctors but they didn’t do anything, she went back and was prescribed tablets but wasn’t properly assessed. The ECtHR unanimously agreed.

They can still petition the European Court of Human Rights in Strasbourg if all national remedies have been exhausted – In 2019 the ECtHR received 111 applications from the UK. 1 year to challenge the outcome.

Whilst they aren’t strictly binding, judges will take them into account out of respect for the Convention.

This case concerned the Rent Act 1977 and the categories of people who could take over a tenancy after the tenant died. The Act listed 3 categories – a spouse, person living together as husband and wife and a member of the family. The case centred on “person living together as husband and wife”. The court ruled that this phrase had to be interpreted to avoid discrimination under article 14 European Convention on Human Rights which prohibits discrimination. The applicant had been in a same sex relationship with the deceased tenant and the House of Lords (now Supreme Court) ruled he should be treated as a ‘person living together as husband and wife’ to avoid discriminating against him on grounds of his sexuality.

In the Belmarsh Case - A and others v Sec State for the Home Office (2004) the HoL agreed the Anti-Terrorism, Crime and Security Act 2001 (Terrorism Act 2001) violated Art 5 ECHR right to liberty and Art 14 ECHR right not to be discriminated against as non-national terrorist suspects could be held without charge, indefinitely. As a result the government changed the law in the Prevention of Terrorism Act 2005.

Before 1966 people would have to go to Strasbourg which was very expensive and took 5 years.

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. She went to the doctors but they didn’t do anything, she went back and was prescribed tablets but wasn’t properly assessed. The ECtHR unanimously agreed.