Human Rights

What does s2 HRA require UK courts to do with ECtHR judgments?

UK courts must take ECtHR judgments into account when deciding human rights cases. They are persuasive, not binding.

What does s3 HRA require courts to do?

Courts must interpret legislation compatibly with Convention rights wherever possible. This applies to primary and secondary legislation, whether enacted before or after the HRA.

When is a Declaration of Incompatibility used?

When primary legislation cannot be interpreted compatibly with Convention rights. Courts cannot strike down an Act of Parliament.

What is the effect of a Declaration of Incompatibility?

The legislation remains valid and enforceable. A declaration does not change the law or provide a remedy to the claimant.

When can secondary legislation be quashed under the HRA?

Secondary legislation may be quashed if it breaches Convention rights, unless primary legislation requires it.

What is a remedial order?

A minister may amend incompatible legislation by remedial order if there are compelling reasons. The draft order is laid for 60 days and must be approved by both Houses.

What is a Statement of Compatibility?

Before a Bill is introduced, the minister states whether it is compatible with Convention rights. The statement does not bind the courts.

What is a public authority under s6 HRA?

A public authority includes core public authorities and private bodies exercising public functions (hybrid authorities).

When is a public authority not acting unlawfully under s6?

A public authority is not liable if primary legislation leaves it no choice but to act incompatibly.

Who may bring proceedings under s7 HRA?

Only a direct or indirect victim. A victim may bring a claim or rely on Convention rights in existing proceedings.

What is the time limit for an HRA claim?

One year from the unlawful act, although the court may extend time if equitable.

When are damages awarded under s8 HRA?

Damages are awarded only if necessary to afford just satisfaction. They are not automatic.

What factors are considered when awarding HRA damages?

Whether other remedies are inadequate, whether the breach caused the loss, and whether the loss has sufficient gravity.

Can damages be awarded for judicial acts?

No, where the judge acted in good faith, except for compensation relating to Article 5 (right to liberty).

What are positive obligations?

The state must take reasonable steps to protect Convention rights, including protecting people from serious harm caused by others.

What are negative obligations?

The state must not interfere with Convention rights unless the interference is lawful and justified.

What is the proportionality test?

The court asks whether there is a fair balance between the public interest and the individual's Convention rights.

What must be shown to interfere with a qualified right?

The interference must be lawful, pursue a legitimate aim, and be necessary in a democratic society (proportionate and meeting a pressing social need).

What is the margin of appreciation?

The ECtHR gives states discretion in protecting Convention rights. No European consensus = wider margin; strong consensus = narrower margin.

What is the main aim of the ECHR?

Collective enforcement of human rights by all member states.

Who supervises the execution of ECtHR judgments?

The Committee of Ministers.

When may a case be referred to the Grand Chamber?

Where it raises a serious question of interpretation or application of the Convention, or a serious issue of general importance.

What are the ECtHR judicial formations?

Single judge (inadmissibility), Committee of 3, Chamber of 7, and Grand Chamber of 17 judges.

What does Article 1 jurisdiction mean?

Convention rights apply to people within a state's jurisdiction, meaning those under its legal or effective control, even outside its territory.

What does Article 16 allow states to do?

States may restrict the political activities of foreigners, despite Article 10 freedom of expression.

Is there a hierarchy of Convention rights?

No. The Convention does not rank rights, although they are classified as absolute, limited or qualified.

Which Convention rights are absolute?

Article 3 (torture), Article 4(1) (slavery and servitude), and Article 7 (no punishment without law). Article 2 has limited exceptions.