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HRA 1998 - Coggle Diagram
HRA 1998
Gives effect to ECHR
HRA gives effect to the fundamental human rights and freedoms set out in the ECHR. Came into force in October 2000
ECHR is A Convention created by the Council of Europe in 1950 following WW2, to prevent such atrocities from ever occurring again.
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.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.
This means a police officer or any other official must act in a way that does not breach your human rights.
S.19 and S.10
S.19 HRA - 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.
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S.2
Judges must now ‘take into account the judgements, decisions and opinions of the ECHR.
A judge cannot make a decision without considering if it breaks any of the articles of the convention
S.7
Before this you had to appeal to the European courts when it came to human rights,this meant it could be brought to the national courts.
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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 compatible with the Convention rights.
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 incompatibility.’