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HRA 1998 - Coggle Diagram
HRA 1998
Gives affect to ECHR
HRA gives effect to the fundamental human rights and freedoms set out in the ECHR. Came into force in October 2000
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.
We now have positive rights, before the HRA we had negative rights, we could do anything unless the law prohibited it.
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.”
S.2
S.2 HRA - judges must now ‘take into account the judgements, decisions and opinions of the ECtHR.
S.2 HRA - 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.
S.10 + S.19
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.7
S.7 HRA – individuals can now rely on the Convention Rights and Agreements directly in our National Courts.
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
S.6
S.6 HRA - 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 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. The ECtHR unanimously agreed.
S.3
S.3 HRA - 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.
This can be seen in Ghaidan v Godin-Mendoza (2004).
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.
S.4
S.4 HRA - 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.
in the Belmarsh Case - A v Sec State for the Home Office (2004) 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.
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