Human Rights Act 1998 - Chapter 42

Section 1: The Convention Rights

This section explains that "the Convention rights" are the human rights set out in certain parts of a European agreement called "the Convention." It includes rights like the right to life, freedom of expression, and others, which are described in Articles 2-12, 14 of the Convention, and some additional protocols.

Section 2: Interpretation of Convention Rights

This means that when a court is deciding if someone's rights under the Convention have been affected, it must consider previous decisions made by the European Court of Human Rights.

Section 3: Interpretation of Legislation

This section says that all laws in the UK must, as much as possible, be read in a way that respects people's Convention rights.

Section 4: Declaration of Incompatibility

If a court finds that a UK law does not respect the rights in the Convention, the court can officially declare that the law is not compatible with those rights. This doesn't change the law but tells Parliament that it should be reviewed.

Section 6: Acts of Public Authorities

This section makes it illegal for public authorities (like the government or the police) to act in a way that goes against someone's Convention rights, unless they have no other choice because of a law that forces them to act that way.

Section 7: Proceedings

If someone believes a public authority has acted in a way that violates their Convention rights, they can take legal action (sue the authority), but they must be directly affected by the unlawful action.

Section 8: Judicial Remedies

This section explains that if someone wins a case about their rights, the court may award them damages (money). The amount of damages will depend on the circumstances and whether it is necessary to make things right.

Section 12: Freedom of Expression

When a case involves freedom of expression (e.g., the media or art), the court must carefully consider how important the right to express oneself is and whether the material in question is of public interest or related to journalism, literature, or art.

Section 19: Parliamentary Procedure

This section requires the Minister responsible for a Bill (proposed law) in Parliament to make a statement saying whether or not the Bill respects people's Convention rights before the Bill is debated. If the Bill does not respect those rights, the Minister must explain why the government still wants the Bill to proceed.