8. Human Rights Act 1998: Public Authorities (s6) & Victim Standing (s7)

What was a key practical purpose of introducing the Human Rights Act 1998?

To enable enforcement of Convention rights in domestic courts, avoiding costly, lengthy Strasbourg applications

What political agreement influenced the HRA's introduction in Northern Ireland?

The Belfast Agreement (Good Friday Agreement) placed a duty to incorporate ECHR into Northern Irish law

According to HRA Section 6, for whom is it unlawful to act incompatibly with Convention rights?

It is unlawful for a "public authority" to act incompatibly with Convention rights

What does Section 6(3) HRA specify regarding the definition of a "public authority"?

It includes courts or tribunals and persons exercising functions of a public nature

What is a "core public authority" as defined in Aston Cantlow?

A body whose nature is governmental, like government departments, police, or local authoritie

Name three factors that help classify a body as a "core public authority."

Possession of special powers, democratic accountability, or a statutory constitution

What is a "hybrid public authority" under HRA Section 6?

A private body bound by the HRA only when performing public functions

What factors help determine if a function is "public nature" for a hybrid authority?

Extent of public funding, exercising statutory powers, or providing a public service

What was the House of Lords' decision in YL v Birmingham City Council ?

A privately owned care home was not a hybrid public authority under HRA s6(3)(b)

How did Parliament respond to the YL v Birmingham City Council decision?

Parliament reversed the decision in YL through the Health and Social Care Act 2008

What was the Court of Appeal's finding in R (Weaver) v London and Quadrant Housing Trust ?

The housing trust was a functional public authority due to public subsidy and statutory duties

What is a key argument against a broad definition of "public authority" under the HRA?

It might stifle the market, making private bodies less likely to perform public functions

What is a key argument for a broad definition of "public authority" under the HRA?

A narrow definition would undermine HRA accountability and create unequal protections

Does the HRA generally apply horizontally (between private individuals)?

No, the HRA applies vertically against public authorities. Courts are cautious with horizontal effect

When might the HRA influence private relationships in practice?

Where common law has evolved to absorb human rights norms or legislation is interpreted compatibly

Who has standing to bring challenges under Human Rights Act 1998 Section 7?

Only a "victim" of an unlawful act, as defined by Article 34 ECHR

What does Article 34 ECHR specify about who can be a "victim"?

Any person, non-governmental organisation, or group claiming a violation by a State Party

Can an "indirect victim" bring a claim under the HRA? Provide a case example.

es, as illustrated in Rabone v Pennine Care NHS Foundation Trust

Can a "potential victim" bring a claim under the HRA? Provide a case example.

Yes, as illustrated in JR1’s Application

What was the procedural dispute regarding standing in In Re Northern Ireland Human Rights Commission ?

The NIHRC's standing to challenge abortion law without a direct individual victim was disputed

What did the Supreme Court majority rule on NIHRC's standing in In Re NIHRC ?

NIHRC must represent an individual "personally adversely affected" to have standing

How does HRA Section 7 "victim" standing compare to common law judicial review standing?

HRA "victim" standing is narrower than the common law "sufficient interest" test