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HRA 1998 - Coggle Diagram
HRA 1998
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.’
Belmarsh case - the HoL agreed the Anti-Terrorism, Crime and Security 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.
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.
Rabone v Pennine NHS Trust (2012) - the parents of 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.
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.
Ghaidan v Godin-Mendoza (2004) - in the Rent Act 1977, the categories of people who could take over a tenancy after the tenant died were: a spouse, person living together as husband and wife and a member of the family. 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 (under article 14 European Convention on Human Rights which prohibits discrimination.)
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.
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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.
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introduced by the Labour Government to “bring rights home,” to place human rights at the “heart of the legal system.”
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s.1
tells 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.
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